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A BILL TO BE ENTITLED
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relating to the nonsubstantive revision of certain local laws |
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concerning special districts, including conforming amendments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS |
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SECTION 1.01. Subtitle A, Title 2, Special District Local |
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Laws Code, is amended by adding Chapter 21 to read as follows: |
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CHAPTER 21. UPPER SABINE VALLEY SOLID WASTE MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 21.001. DEFINITIONS |
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Sec. 21.002. NATURE OF DISTRICT |
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Sec. 21.003. PURPOSE |
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Sec. 21.004. FINDINGS AND DECLARATION OF POLICY |
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Sec. 21.005. STATE POLICY REGARDING WASTE DISPOSAL |
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[Sections 21.006-21.050 reserved for expansion] |
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SUBCHAPTER B. DISTRICT TERRITORY AND CHANGES TO |
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DISTRICT TERRITORY |
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Sec. 21.051. DISTRICT TERRITORY |
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Sec. 21.052. ANNEXATION OF COUNTY; PETITION |
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Sec. 21.053. ANNEXATION PETITION HEARING; NOTICE |
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Sec. 21.054. EXCLUSION OF COUNTY |
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Sec. 21.055. ELECTION ON ANNEXATION OR EXCLUSION OF |
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COUNTY |
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Sec. 21.056. CONTINUED BOND OBLIGATION FOR EXCLUDED |
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COUNTY |
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[Sections 21.057-21.100 reserved for expansion] |
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SUBCHAPTER C. BOARD OF DIRECTORS |
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Sec. 21.101. GOVERNING BODY; COMPOSITION |
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Sec. 21.102. APPOINTMENT OF DIRECTORS FROM ANNEXED |
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COUNTY |
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Sec. 21.103. TERM |
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Sec. 21.104. ELIGIBILITY TO SERVE |
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Sec. 21.105. VACANCY |
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Sec. 21.106. DIRECTOR'S BOND |
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Sec. 21.107. TERM OF OFFICERS |
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Sec. 21.108. BYLAWS |
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Sec. 21.109. BOARD MEETINGS |
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Sec. 21.110. COMPENSATION |
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Sec. 21.111. CONFLICT OF INTEREST IN CONTRACT |
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[Sections 21.112-21.150 reserved for expansion] |
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SUBCHAPTER D. ADMINISTRATIVE POWERS AND DUTIES |
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Sec. 21.151. PRINCIPAL OFFICE |
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Sec. 21.152. GENERAL MANAGER |
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Sec. 21.153. EMPLOYEE AND GENERAL MANAGER FIDELITY |
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BONDS |
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Sec. 21.154. ATTORNEY |
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Sec. 21.155. RECORDS; LIMIT ON DISCLOSURE |
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[Sections 21.156-21.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL POWERS AND DUTIES |
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Sec. 21.201. ADMINISTRATION, ENFORCEMENT, AND |
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ACCOMPLISHMENT OF CHAPTER |
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Sec. 21.202. CONSERVATION AND RECLAMATION DISTRICT |
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POWERS |
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Sec. 21.203. RULES; HEARINGS |
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Sec. 21.204. SCOPE OF DISTRICT'S REGULATORY POWER |
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Sec. 21.205. PLANS |
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Sec. 21.206. STUDIES AND RESEARCH |
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Sec. 21.207. COOPERATIVE AGREEMENTS WITH OTHER |
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POLITICAL SUBDIVISIONS |
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Sec. 21.208. GIFTS, GRANTS, AND LOANS |
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Sec. 21.209. ACQUISITION OF PROPERTY |
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Sec. 21.210. EMINENT DOMAIN; COST OF RELOCATING |
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PROPERTY |
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Sec. 21.211. ENTRY ON LAND |
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Sec. 21.212. ROAD RIGHT-OF-WAY |
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Sec. 21.213. CONSENT FOR CHANGE OR DAMAGE TO STATE |
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PROPERTY |
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Sec. 21.214. BIDS ON CONTRACTS FOR PURCHASE OF |
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VEHICLES, EQUIPMENT, AND SUPPLIES OVER |
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$15,000; EXCEPTION |
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[Sections 21.215-21.250 reserved for expansion] |
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SUBCHAPTER F. CONSTRUCTION, RENOVATION, AND REPAIR CONTRACTS |
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Sec. 21.251. AUTHORITY TO ENTER INTO CONSTRUCTION, |
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RENOVATION, AND REPAIR CONTRACTS |
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Sec. 21.252. BIDS ON CONTRACTS OVER $15,000 |
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Sec. 21.253. CONTRACT SPECIFICATIONS, PLANS, AND |
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DETAILS |
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Sec. 21.254. EXECUTION AND AVAILABILITY OF CONTRACTS |
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Sec. 21.255. CONTRACTOR'S BOND |
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Sec. 21.256. BOARD CONTROL AND DETERMINATION |
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Sec. 21.257. INSPECTION OF WORK |
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Sec. 21.258. PAYMENTS FOR WORK |
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[Sections 21.259-21.300 reserved for expansion] |
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SUBCHAPTER G. WASTE DISPOSAL |
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Sec. 21.301. ACQUISITION OF EXISTING FACILITIES |
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Sec. 21.302. SOLID WASTE RECOVERY FACILITY |
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Sec. 21.303. STANDARDS FOR SOLID WASTE HANDLING |
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Sec. 21.304. MANAGEMENT OF MUNICIPAL SOLID WASTE |
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Sec. 21.305. ON-SITE SEWAGE DISPOSAL SYSTEMS |
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Sec. 21.306. ACQUISITION, CONSTRUCTION, AND OPERATION |
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OF DISPOSAL SYSTEMS |
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Sec. 21.307. WASTE DISPOSAL CONTRACTS |
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[Sections 21.308-21.350 reserved for expansion] |
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SUBCHAPTER H. GENERAL FINANCIAL PROVISIONS |
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Sec. 21.351. ACCOUNTING |
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Sec. 21.352. ANNUAL BUDGET |
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Sec. 21.353. SWORN STATEMENT REGARDING MONEY AND |
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DISBURSEMENTS |
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Sec. 21.354. DEPOSITORY |
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Sec. 21.355. INVESTMENTS |
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Sec. 21.356. PAYMENT OF EXPENSES |
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Sec. 21.357. BORROWING MONEY |
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Sec. 21.358. PAYMENT OF JUDGMENTS |
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[Sections 21.359-21.400 reserved for expansion] |
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SUBCHAPTER I. BONDS |
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Sec. 21.401. AUTHORITY TO ISSUE BONDS |
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Sec. 21.402. BOND PAYMENT |
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Sec. 21.403. BOND ELECTION |
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Sec. 21.404. MATURITY OF BONDS |
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Sec. 21.405. SIGNATURE |
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Sec. 21.406. BOND PROVISIONS |
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Sec. 21.407. MANDAMUS BY BONDHOLDERS |
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Sec. 21.408. REFUNDING BONDS |
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Sec. 21.409. TAX EXEMPTION |
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[Sections 21.410-21.450 reserved for expansion] |
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SUBCHAPTER J. TAXES |
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Sec. 21.451. AUTHORITY TO IMPOSE PROPERTY TAXES |
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Sec. 21.452. AMOUNT OF TAX |
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Sec. 21.453. TAX RATE |
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Sec. 21.454. TAX COLLECTOR |
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CHAPTER 21. UPPER SABINE VALLEY SOLID WASTE MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec.21.001.DEFINITIONS. In this Act: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Upper Sabine Valley Solid |
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Waste Management District. |
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(5) "Local government" means: |
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(A) a municipality; |
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(B) a county; or |
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(C) a water or other special district or |
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authority acting under Sections 52(b)(1) and (2), Article III, or |
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Section 59, Article XVI, Texas Constitution. |
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(6) "Solid waste" has the meaning assigned by Section |
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361.003, Health and Safety Code. |
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(7) "Water" means groundwater, percolating or |
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otherwise, lakes, bays, ponds, springs, rivers, streams, creeks, |
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and all other bodies of surface water, natural or artificial, that |
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are wholly or partly in the district. |
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(8) "Water pollution" means alteration of the |
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physical, chemical, or biological quality of water or contamination |
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of water that: |
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(A) renders the water harmful, detrimental, or |
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injurious to: |
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(i) humans, animal life, vegetation, or |
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property; or |
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(ii) public health, safety, or welfare; or |
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(B) impairs the usefulness or the public |
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enjoyment of the water for any lawful or reasonable purpose. |
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(V.A.C.S. Art. 4477-7k, Secs. 1.03(1), (2), (4), (5), (7), (14), |
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(16), (17).) |
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Sec.21.002.NATURE OF DISTRICT. The district is a |
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conservation and reclamation district created under Section 59, |
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Article XVI, Texas Constitution. (V.A.C.S. Art. 4477-7k, Sec. |
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2.01.) |
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Sec.21.003.PURPOSE. The purpose of this chapter is to |
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establish an instrumentality to develop and carry out a regional |
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water quality protection program through solid waste management and |
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regulation of waste disposal for Rains, Upshur, and Wood Counties |
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and for the portion of Smith County that is north of Interstate |
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Highway 20. (V.A.C.S. Art. 4477-7k, Sec. 1.01.) |
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Sec.21.004.FINDINGS AND DECLARATION OF POLICY. (a) The |
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legislature finds that: |
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(1) the quality of water in East Texas is materially |
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affected by the disposal of waste throughout the region; |
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(2) a regional effort to study water pollution, plan |
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corrective and preventive measures, provide coordinated facilities |
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for waste disposal, and regulate waste disposal is far more |
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effective than efforts on a smaller scale; |
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(3) solid waste, as well as other waste, may impair |
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water quality by seepage or drainage; and |
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(4) creation of the district would advance the |
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established policy of this state to maintain the quality of the |
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water in the state consistent with: |
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(A) public health and enjoyment; |
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(B) the propagation and protection of |
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terrestrial and aquatic life; |
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(C) the operation of existing industries; and |
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(D) the economic development of the state. |
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(b) All area included in the district will benefit from the |
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exercise of the power conferred by this chapter. |
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(c) The district is a public entity performing an essential |
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public function. (V.A.C.S. Art. 4477-7k, Secs. 1.02(a), (c), 7.01 |
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(part).) |
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Sec.21.005.STATE POLICY REGARDING WASTE DISPOSAL. The |
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district's powers and duties are subject to the state policy of |
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encouraging the development and use of integrated area-wide waste |
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collection, treatment, and disposal systems to serve the waste |
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disposal needs of this state's residents, if integrated systems can |
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reasonably be provided for an area, so as to avoid the economic |
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burden on residents and the impact on state water quality caused by |
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the construction and operation of numerous small waste collection, |
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treatment, and disposal facilities. (V.A.C.S. Art. 4477-7k, Sec. |
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4.23.) |
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[Sections 21.006-21.050 reserved for expansion] |
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SUBCHAPTER B. DISTRICT TERRITORY AND CHANGES TO |
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DISTRICT TERRITORY |
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Sec.21.051.DISTRICT TERRITORY. Unless the district |
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territory has been modified under this subchapter, Subchapter J, |
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Chapter 49, Water Code, or other law, the district's territory |
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consists of Rains, Upshur, and Wood Counties and the portion of |
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Smith County north of Interstate Highway 20. (V.A.C.S. Art. |
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4477-7k, Sec. 2.02.) |
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Sec.21.052.ANNEXATION OF COUNTY; PETITION. (a) The board |
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may annex an adjacent county in the manner provided by this section |
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and Sections 21.053 and 21.055. |
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(b) To initiate annexation proceedings, the commissioners |
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court of the adjacent county must petition the board requesting the |
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board to call an election for the annexation of the petitioner's |
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county. The petition must be in writing and be endorsed by a |
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majority of the members of the commissioners court. (V.A.C.S. Art. |
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4477-7k, Secs. 8.01, 8.02.) |
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Sec.21.053.ANNEXATION PETITION HEARING; NOTICE. (a) On |
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receipt of a petition under Section 21.052, the board shall set a |
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date, time, and place to hold a hearing on the petition. The date |
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may not be later than the 20th day after the date on which the board |
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receives the petition. |
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(b) In addition to the notice required under the open |
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meetings law, Chapter 551, Government Code, the board shall publish |
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notice of the date, time, place, and purpose of the hearing in one |
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or more newspapers with general circulation in the district and in |
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the county to be annexed. |
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(c) Any person may testify at the hearing for or against |
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annexation of the county to the district. |
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(d) At the conclusion of the hearing, the board shall |
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determine if an annexation election should be held in the county to |
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be annexed. (V.A.C.S. Art. 4477-7k, Secs. 8.03(a), (b), (c), (d).) |
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Sec.21.054.EXCLUSION OF COUNTY. (a) The commissioners |
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court of a county in the district may petition the board to hold an |
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election in the county to determine if a majority of voters of that |
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county want to exclude the county from the district. |
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(b) If the district has not issued bonds or incurred other |
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long-term debt before the commissioners court filed the petition, |
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the board shall, on receipt of the petition, enter an order |
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authorizing the commissioners court to call an election in that |
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county. |
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(c) If the district issued bonds or other long-term debt |
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before the commissioners court filed the petition, the board must |
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obtain adequate legal and financial assurances that, if the county |
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withdraws from the district, the county will assume and pay to the |
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district the county's proportionate share of the district's |
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outstanding debt based on assessed valuation of taxable property in |
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the county and district. After obtaining assurances the board |
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considers adequate, the board shall enter an order authorizing the |
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commissioners court of that county to call an election in that |
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county to determine if the county should be excluded from the |
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district. (V.A.C.S. Art. 4477-7k, Sec. 9.01.) |
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Sec.21.055.ELECTION ON ANNEXATION OR EXCLUSION OF COUNTY. |
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(a) Annexation or exclusion of a county is final when approved by a |
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majority of the voters at an election held in the county to be |
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annexed or excluded. An election in the existing district |
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accepting the addition of a county is not required. |
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(b) Section 41.001(a), Election Code, does not apply to an |
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election held under this section. |
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(c) The election ballots shall be printed to provide for |
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voting for or against the following, as applicable: |
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(1) "Adding (description of county to be added) to the |
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Upper Sabine Valley Solid Waste Management District." |
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(2) "(Description of county to be added) assuming its |
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proportionate share of the outstanding debts and taxes of the Upper |
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Sabine Valley Solid Waste Management District, if it is added to the |
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district." |
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(3) "The exclusion of ____________________ County |
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from the Upper Sabine Valley Solid Waste Management District and |
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assumption by the county of a duty to pay its proportionate share of |
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the outstanding indebtedness of the district." |
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(d) If a district has outstanding debts or taxes, the voters |
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in an election to approve the annexation must also determine if the |
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annexed county will assume its proportion of the debts or taxes if |
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added to the district. |
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(e) If the district has outstanding bonds or other long term |
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obligations, the voters in the election to approve the exclusion |
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must also determine if the excluded county will assume a duty to pay |
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its proportion of the district's outstanding indebtedness. |
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(f) The board shall file a copy of the election results with |
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the commission. (V.A.C.S. Art. 4477-7k, Secs. 8.03(e), (f), (g) |
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(part), (h), 9.02(a), (b), (c) (part), (d).) |
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Sec.21.056.CONTINUED BOND OBLIGATION FOR EXCLUDED COUNTY. |
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The exclusion of a county under Section 21.054(c) does not relieve |
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the district of its obligation to perform and observe the covenants |
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and obligations or the conditions prescribed by the order or |
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resolution authorizing the issuance of the district's bonds. |
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(V.A.C.S. Art. 4477-7k, Sec. 9.03.) |
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[Sections 21.057-21.100 reserved for expansion] |
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SUBCHAPTER C. BOARD OF DIRECTORS |
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Sec.21.101.GOVERNING BODY; COMPOSITION. (a) The |
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district is governed by a board of directors composed of at least |
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six directors. |
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(b) If the district is composed of only one county, the |
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commissioners court of that county shall appoint six persons to |
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serve as directors. |
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(c) If the district is composed of two counties, the |
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commissioners court of each county included in the district shall |
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each appoint three persons to serve as directors. |
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(d) If the district is composed of three or more counties, |
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the commissioners court of each county included in the district |
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shall each appoint two persons to serve as directors. |
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(e) At least one of the directors appointed by each |
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commissioners court shall represent the interests of |
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municipalities and of unincorporated communities with a population |
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of 1,000 or more that are located in that county. (V.A.C.S. Art. |
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4477-7k, Sec. 3.01.) |
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Sec.21.102.APPOINTMENT OF DIRECTORS FROM ANNEXED COUNTY. |
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(a) The commissioners court of an annexed county shall appoint two |
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directors to serve on the board. |
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(b) The newly appointed directors shall draw lots to |
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determine their initial terms of office. One new director shall |
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serve an initial term that coincides with the terms of directors |
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that expire before the expiration of two years and the other new |
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director shall serve a term that expires after the expiration of |
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two years but before the expiration of four years. (V.A.C.S. Art. |
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4477-7k, Sec. 8.04.) |
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Sec.21.103.TERM. Except as provided by Section |
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21.102(b), a director serves a term of four years. (V.A.C.S. Art. |
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4477-7k, Sec. 3.03.) |
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Sec.21.104.ELIGIBILITY TO SERVE. To be eligible to be |
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appointed as or to serve as a director, a person must be: |
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(1) at least 18 years of age; |
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(2) a qualified voter; and |
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(3) a resident of the county governed by the |
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appointing commissioners court. (V.A.C.S. Art. 4477-7k, Sec. |
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3.02(a).) |
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Sec.21.105.VACANCY. A vacancy on the board shall be |
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filled in the same manner as the original appointment for the |
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unexpired term. (V.A.C.S. Art. 4477-7k, Sec. 3.04.) |
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Sec.21.106.DIRECTOR'S BOND. Each director must execute a |
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$5,000 bond with a corporate surety authorized to do business in |
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this state and conditioned on the faithful performance of the |
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director's duties. (V.A.C.S. Art. 4477-7k, Sec. 3.02(c) (part).) |
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Sec.21.107.TERM OF OFFICERS. A person selected as an |
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officer serves for a term of one year. (V.A.C.S. Art. 4477-7k, Sec. |
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3.06(b).) |
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Sec.21.108.BYLAWS. The board shall adopt bylaws. The |
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bylaws must prescribe the powers and duties of, and procedures for |
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removal from, a board office. (V.A.C.S. Art. 4477-7k, Sec. 3.06(d) |
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(part).) |
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Sec.21.109.BOARD MEETINGS. Except as otherwise provided |
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by law, the board shall meet at least one time each quarter and may |
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meet at any other time provided by its bylaws. (V.A.C.S. Art. |
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4477-7k, Sec. 3.07(a).) |
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Sec.21.110.COMPENSATION. (a) Unless the board by |
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resolution increases the rate of reimbursement to an amount |
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authorized by Section 49.060, Water Code, a director other than a |
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director described by Subsection (c) is entitled to receive $50 a |
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day and reimbursement for actual and necessary expenses incurred |
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for each day the director: |
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(1) attends a board meeting; and |
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(2) attends to the business of the district that is |
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authorized by board resolution or motion. |
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(b) A director is not entitled to receive a per diem |
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allowance for more than 60 days in a calendar year. |
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(c) If a member of a commissioners court or a municipal |
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government officer is appointed as a director, the member's or |
|
officer's service as a director is considered an additional duty of |
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the member's or officer's existing office. The member or officer is |
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not entitled to a per diem allowance under this section, but is |
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entitled to reimbursement for actual and necessary expenses |
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incurred in performing official duties as a director. (V.A.C.S. |
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Art. 4477-7k, Secs. 3.02(b), 3.10.) |
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Sec.21.111.CONFLICT OF INTEREST IN CONTRACT. A director |
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who is financially interested in a contract to be executed by the |
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district for the purchase of property or the construction of |
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facilities shall disclose that fact to the other directors and may |
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not vote on the acceptance of the contract. (V.A.C.S. Art. 4477-7k, |
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Sec. 3.09.) |
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[Sections 21.112-21.150 reserved for expansion] |
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SUBCHAPTER D. ADMINISTRATIVE POWERS AND DUTIES |
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Sec.21.151.PRINCIPAL OFFICE. The district shall maintain |
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its principal office in the district. (V.A.C.S. Art. 4477-7k, Sec. |
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3.13.) |
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Sec.21.152.GENERAL MANAGER. (a) The board shall employ a |
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general manager for a term and salary set by the board. |
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(b) The general manager is the chief executive officer of |
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the district. Under policies established by the board, the general |
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manager is responsible to the board for: |
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(1) administering board directives; |
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(2) keeping district records, including minutes of the |
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board's meetings; |
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(3) coordinating with state, federal, and local |
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agencies; |
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(4) developing plans and programs for the board's |
|
approval; |
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(5) hiring, supervising, training, and discharging |
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district employees; |
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(6) contracting for or retaining technical, |
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scientific, legal, fiscal, and other professional services; and |
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(7) performing any other duty assigned to the general |
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manager by the board. |
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(c) The board may discharge the general manager by a |
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majority vote. (V.A.C.S. Art. 4477-7k, Sec. 3.11.) |
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Sec.21.153.EMPLOYEE AND GENERAL MANAGER FIDELITY BONDS. |
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(a) The general manager and each district employee charged with the |
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collection, custody, or payment of any district money shall execute |
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a fidelity bond. The board shall approve the form, amount, and |
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surety of the bond. |
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(b) The district shall pay the premiums on employee bonds |
|
under this section. (V.A.C.S. Art. 4477-7k, Sec. 3.12.) |
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Sec.21.154.ATTORNEY. (a) The board may appoint an |
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attorney for the district. |
|
(b) The person appointed under this section is entitled to |
|
the compensation provided by the district's budget. (V.A.C.S. Art. |
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4477-7k, Secs. 3.08(a), (b).) |
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Sec.21.155.RECORDS; LIMIT ON DISCLOSURE. (a) The |
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district shall keep its accounts, contracts, documents, minutes, |
|
and other records at its principal office. |
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(b) The board and its employees may not disclose a district |
|
record that relates to trade secrets or the economics of an |
|
industry's operations. (V.A.C.S. Art. 4477-7k, Secs. 3.14(c), |
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(d).) |
|
[Sections 21.156-21.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL POWERS AND DUTIES |
|
Sec. 21.201. ADMINISTRATION, ENFORCEMENT, AND |
|
ACCOMPLISHMENT OF CHAPTER. (a) The district shall: |
|
(1) administer and enforce this chapter; and |
|
(2) use district facilities and powers to accomplish |
|
the purposes of this chapter. |
|
(b) The district may advise, consult, contract, and |
|
cooperate with the federal government, the state, a local |
|
government, or a private entity to carry out any purpose or power |
|
under this chapter. (V.A.C.S. Art. 4477-7k, Secs. 4.01(a), 4.03.) |
|
Sec.21.202.CONSERVATION AND RECLAMATION DISTRICT POWERS. |
|
Except as expressly limited by this chapter, the district has all |
|
powers, rights, and privileges necessary and convenient for |
|
accomplishing the purposes of this chapter that are conferred by |
|
general law on a conservation and reclamation district created |
|
under Section 59, Article XVI, Texas Constitution, including the |
|
powers, rights, and privileges conferred by Subtitle B, Title 5, |
|
Health and Safety Code, on a local or regional government. |
|
(V.A.C.S. Art. 4477-7k, Sec. 4.01(g).) |
|
Sec.21.203.RULES; HEARINGS. (a) The board, after notice |
|
and hearing, may adopt rules necessary to carry out this chapter. |
|
(b) The board shall adopt rules establishing procedures for |
|
giving notice and holding a hearing. (V.A.C.S. Art. 4477-7k, Sec. |
|
4.01(b).) |
|
Sec.21.204.SCOPE OF DISTRICT'S REGULATORY POWER. The |
|
regulatory powers of the district under this chapter apply to each |
|
person in the district. (V.A.C.S. Art. 4477-7k, Sec. 4.01(f).) |
|
Sec.21.205.PLANS. The district may prepare and adopt |
|
plans for and may purchase, construct, acquire, own, operate, |
|
maintain, repair, improve, and extend inside and outside district |
|
boundaries any works, improvements, waste disposal, treatment, and |
|
other facilities, plants, pipelines, equipment, and appliances |
|
necessary to collect, transport, process, dispose of, and control |
|
domestic, industrial, and communal waterborne and solid waste in |
|
the district. (V.A.C.S. Art. 4477-7k, Sec. 4.01(c).) |
|
Sec.21.206.STUDIES AND RESEARCH. The district shall: |
|
(1) study and research the control of water pollution |
|
and waste disposal in the district; |
|
(2) cooperate with the commission in any study; and |
|
(3) use the results of the studies. (V.A.C.S. Art. |
|
4477-7k, Sec. 4.01(e).) |
|
Sec. 21.207. COOPERATIVE AGREEMENTS WITH OTHER POLITICAL |
|
SUBDIVISIONS. The district may enter into a cooperative agreement |
|
with a local government or other political subdivision to: |
|
(1) jointly conduct solid waste management |
|
activities; and |
|
(2) charge reasonable fees for solid waste management |
|
activities. (V.A.C.S. Art. 4477-7k, Sec. 4.01(i).) |
|
Sec.21.208.GIFTS, GRANTS, AND LOANS. The district may |
|
apply for, accept, receive, and administer gifts, grants, loans, |
|
and other money available from any source to carry out any purpose |
|
or power under this chapter. (V.A.C.S. Art. 4477–7k, Sec. 4.02.) |
|
Sec.21.209.ACQUISITION OF PROPERTY. The district may |
|
acquire by gift, grant, devise, purchase, lease, or the exercise of |
|
the power of eminent domain any land, easement, right-of-way, or |
|
other property interest necessary to carry out the powers and |
|
duties under this chapter. (V.A.C.S. Art. 4477–7k, Sec. 4.04.) |
|
Sec.21.210.EMINENT DOMAIN; COST OF RELOCATING PROPERTY. |
|
(a) The district may exercise the power of eminent domain to |
|
acquire land for a purpose authorized by Section 21.205 if the board |
|
determines, after notice and hearing, that it is necessary. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, but the |
|
district is not required to: |
|
(1) deposit in the trial court money or a bond as |
|
provided by Section 21.021(a), Property Code; |
|
(2) pay in advance or give bond or other security for |
|
costs in the trial court; |
|
(3) give bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(4) give bond for costs or supersedeas on an appeal or |
|
writ of error. |
|
(c) If the district, in the exercise of the power of eminent |
|
domain, requires relocating, raising, lowering, rerouting, |
|
changing the grade of, or altering the construction of any |
|
railroad, highway, pipeline, or electric transmission and electric |
|
distribution, telegraph, or telephone lines, conduits, poles, or |
|
facilities, the district must bear the actual cost of relocating, |
|
raising, lowering, rerouting, changing the grade of, or altering |
|
the construction to provide comparable replacement without |
|
enhancement of facilities, after deducting the net salvage value |
|
derived from the old facility. (V.A.C.S. Art. 4477-7k, Sec. 4.05.) |
|
Sec.21.211.ENTRY ON LAND. (a) A district director, |
|
engineer, or employee may go on any land inside or outside the |
|
district to survey and examine the land with reference to the |
|
location of works, improvements, and waste disposal, treatment, and |
|
other facilities, plants, pipelines, equipment, and appliances, |
|
and to attend to district business. |
|
(b) The director, engineer, or employee must give the |
|
landowner five days' written notice before entering on the land. |
|
(c) If any district activity on the land causes damage to |
|
the land or property, the district shall restore the land or |
|
property as nearly as possible to its original state. The district |
|
shall pay the restoration's cost. (V.A.C.S. Art. 4477-7k, Sec. |
|
4.14.) |
|
Sec.21.212.ROAD RIGHT-OF-WAY. A governmental entity |
|
having jurisdiction over a right-of-way along and across a public |
|
state or county road or highway may: |
|
(1) designate the placement of district facilities |
|
located on the right-of-way; and |
|
(2) require the relocation of district facilities to |
|
accommodate widening or changing traffic lanes. (V.A.C.S. Art. |
|
4477-7k, Sec. 4.15(a) (part).) |
|
Sec. 21.213. CONSENT FOR CHANGE OR DAMAGE TO STATE |
|
PROPERTY. The district must obtain the written consent of the |
|
governmental entity having control and jurisdiction over state |
|
property, including a facility, before the district may proceed |
|
with an action to change or damage the property. (V.A.C.S. Art. |
|
4477-7k, Sec. 4.15(b).) |
|
Sec. 21.214. BIDS ON CONTRACTS FOR PURCHASE OF VEHICLES, |
|
EQUIPMENT, AND SUPPLIES OVER $15,000; EXCEPTION. (a) If the |
|
estimated amount of a proposed contract to purchase vehicles, |
|
equipment, or supplies is more than $15,000, the board shall ask for |
|
competitive bids as provided by Subchapter B, Chapter 271, Local |
|
Government Code. |
|
(b) This section does not apply to: |
|
(1) the purchase of property from a public agency; or |
|
(2) a contract for personal or professional services. |
|
(V.A.C.S. Art. 4477-7k, Sec. 4.13.) |
|
[Sections 21.215-21.250 reserved for expansion] |
|
SUBCHAPTER F. CONSTRUCTION, RENOVATION, AND REPAIR CONTRACTS |
|
Sec. 21.251. AUTHORITY TO ENTER INTO CONSTRUCTION, |
|
RENOVATION, AND REPAIR CONTRACTS. The district may contract with |
|
any person to construct, renovate, repair, or make improvements to |
|
any district works, improvements, waste disposal, treatment, or |
|
other facilities, plants, pipelines, equipment, and appliances. |
|
(V.A.C.S. Art. 4477-7k, Sec. 4.06.) |
|
Sec.21.252.BIDS ON CONTRACTS OVER $15,000. The district |
|
may enter into a contract under Section 21.251 that requires an |
|
expenditure of more than $15,000 only after competitive bidding as |
|
provided by Subchapter B, Chapter 271, Local Government Code. |
|
(V.A.C.S. Art. 4477-7k, Sec. 4.07.) |
|
Sec.21.253.CONTRACT SPECIFICATIONS, PLANS, AND DETAILS. |
|
A contract under Section 21.251 must contain, or have attached to |
|
it, the specifications, plans, and details for work included in the |
|
contract. The work shall be done according to the plans and |
|
specifications under the supervision of the district. (V.A.C.S. |
|
Art. 4477-7k, Sec. 4.08.) |
|
Sec.21.254.EXECUTION AND AVAILABILITY OF CONTRACTS. (a) |
|
A contract under Section 21.251 must be in writing and signed by: |
|
(1) the contractor; and |
|
(2) a district representative designated by the board. |
|
(b) The contract shall be kept in the district's office and |
|
must be available for public inspection. (V.A.C.S. Art. 4477-7k, |
|
Sec. 4.09.) |
|
Sec.21.255.CONTRACTOR'S BOND. (a) A contractor shall |
|
execute a bond: |
|
(1) in an amount determined by the board, not to exceed |
|
the contract price; |
|
(2) payable to the district and approved by the board; |
|
and |
|
(3) conditioned on the faithful performance of the |
|
contract. |
|
(b) The bond must provide that a contractor pay to the |
|
district all damages sustained as a result of the contractor's |
|
default on the contract. |
|
(c) The bond shall be deposited in the district's |
|
depository. A copy of the bond shall be kept in the district's |
|
office. (V.A.C.S. Art. 4477-7k, Sec. 4.10.) |
|
Sec.21.256.BOARD CONTROL AND DETERMINATION. (a) The |
|
board has control of construction, renovation, or repairs being |
|
done for the district under a contract under Section 21.251. |
|
(b) The board shall determine whether the contract is being |
|
fulfilled. (V.A.C.S. Art. 4477-7k, Sec. 4.11(a).) |
|
Sec.21.257.INSPECTION OF WORK. (a) The board shall have |
|
the work contracted for under Section 21.251 inspected by |
|
engineers, inspectors, and personnel of the district. |
|
(b) During the progress of the contracted work, the |
|
engineers, inspectors, and personnel shall submit to the board |
|
written reports that show whether the contractor is complying with |
|
the contract. |
|
(c) On completion of the contracted work, the engineers, |
|
inspectors, and personnel shall submit to the board a final |
|
detailed written report that includes information necessary to show |
|
whether the contractor has fully complied with the contract. |
|
(V.A.C.S. Art. 4477-7k, Secs. 4.11(b), (c), (d).) |
|
Sec.21.258.PAYMENTS FOR WORK. (a) The district shall pay |
|
the contract price of a construction, renovation, or repair |
|
contract in accordance with this section. |
|
(b) The district shall make monthly progress payments under |
|
a contract as the work proceeds or at more frequent intervals as |
|
determined by the board. |
|
(c) To provide a basis for determining progress payments, |
|
the contractor, on the request of the board, shall furnish, in the |
|
detail requested, an analysis of the total contract price showing |
|
the amount included for each principal category of the work. |
|
(d) In making progress payments, the board shall retain 10 |
|
percent of the estimated amounts until final completion and |
|
acceptance of the contract work. The board may authorize any of the |
|
remaining progress payments to be made in full if: |
|
(1) the board finds that satisfactory progress is |
|
being made; and |
|
(2) at least 50 percent of the work has been completed. |
|
(e) If the work under a contract is substantially complete |
|
and the board finds the amount retained to be in excess of the |
|
amount adequate for the protection of the district, the board may |
|
release to the contractor all or part of the excess amount. |
|
(f) On completion and acceptance of each separate project, |
|
work, or other division of the contract on which the price is stated |
|
separately in the contract, payment may be made without retention |
|
of a percentage. |
|
(g) When work is completed according to the contract, the |
|
board shall draw a warrant on the depository to pay any balance due |
|
on the contract. (V.A.C.S. Art. 4477-7k, Sec. 4.12.) |
|
[Sections 21.259-21.300 reserved for expansion] |
|
SUBCHAPTER G. WASTE DISPOSAL |
|
Sec.21.301.ACQUISITION OF EXISTING FACILITIES. If the |
|
district acquires existing works, improvements, and waste |
|
disposal, treatment, and other facilities, plants, pipelines, |
|
equipment, and appliances that are completed, partially completed, |
|
or under construction, the district may: |
|
(1) assume the contracts and obligations of the |
|
previous owner; and |
|
(2) perform the obligations of the previous owner in |
|
the same manner and to the same extent that any other purchaser or |
|
assignee would be bound. (V.A.C.S. Art. 4477-7k, Sec. 4.17.) |
|
Sec.21.302.SOLID WASTE RECOVERY FACILITY. The district |
|
may construct or acquire and operate a facility used to store, |
|
handle, sort, bail, recycle, process, and recover solid waste. |
|
(V.A.C.S. Art. 4477-7k, Secs. 1.03(11), 4.18.) |
|
Sec.21.303.STANDARDS FOR SOLID WASTE HANDLING. (a) The |
|
district shall establish minimum standards of operation for all |
|
aspects of solid waste handling, including: |
|
(1) storage; |
|
(2) collection; |
|
(3) incineration; |
|
(4) recycling; |
|
(5) sanitary landfill; and |
|
(6) composting. |
|
(b) Before establishing the standards, the district must: |
|
(1) hold public hearings after giving public notice in |
|
the time and manner prescribed by board rule; |
|
(2) consult with the commission to ensure that the |
|
standards are not inconsistent with established criteria; and |
|
(3) find that the standards are reasonably necessary |
|
to protect the public health or welfare from water pollution or |
|
other harm to the environment. |
|
(c) To amend the standards, the district must follow the |
|
same procedures required for establishing standards. |
|
(d) The board may adopt rules reasonably necessary to |
|
implement solid waste disposal standards. (V.A.C.S. Art. 4477-7k, |
|
Secs. 4.19(a), (b), (c), (d).) |
|
Sec.21.304.MANAGEMENT OF MUNICIPAL SOLID WASTE. (a) The |
|
district may assume the exclusive authority to exercise the powers |
|
granted to a county under Section 361.165, Health and Safety Code, |
|
including the power to issue licenses and exercise municipal solid |
|
waste management authority. |
|
(b) If the district exercises the licensing authority |
|
granted under this section, the district must adopt and enforce |
|
rules for the management of municipal solid waste. |
|
(c) A rule adopted under this section must be: |
|
(1) compatible with and at least as stringent as those |
|
of the commission; and |
|
(2) approved by the commission. (V.A.C.S. Art. |
|
4477-7k, Sec. 4.19(e).) |
|
Sec.21.305.ON-SITE SEWAGE DISPOSAL SYSTEMS. (a) The |
|
district may apply to the commission for designation as an |
|
authorized agent to implement and enforce on-site sewage disposal |
|
rules under Chapter 366, Health and Safety Code. |
|
(b) If the district finds that due to the nature of the soil |
|
or drainage in the area it is necessary to prevent water pollution |
|
that may injure the public health, the board by rule may: |
|
(1) provide limits on the number and kind of septic |
|
tanks in an area defined by the rule; |
|
(2) prohibit the use of septic tanks in the area; or |
|
(3) prohibit the installation of new septic tanks in |
|
the area. |
|
(c) The board shall consult with the commission before the |
|
adoption of a rule under Subsection (b). |
|
(d) The board may not adopt a rule under Subsection (b) |
|
without first holding a public hearing in the area to be affected by |
|
the rule. |
|
(e) The board by order may provide for a gradual and |
|
systematic reduction of the number or kind of septic tanks in the |
|
area and, by rule, may provide for a system to license and issue |
|
permits for the installation of new septic tanks in the area |
|
affected. If the board adopts a license and permit system, a person |
|
may not install a septic tank in the area without a license or |
|
permit from the board. (V.A.C.S. Art. 4477-7k, Sec. 4.20.) |
|
Sec. 21.306. ACQUISITION, CONSTRUCTION, AND OPERATION OF |
|
DISPOSAL SYSTEMS. The district may: |
|
(1) acquire and provide by purchase, gift, or lease a |
|
disposal system in the district or in a county adjacent to the |
|
district; |
|
(2) construct and provide a disposal system in the |
|
district or in a county adjacent to the district; |
|
(3) operate or sell a disposal system that it |
|
constructs or acquires; |
|
(4) contract with a person to operate and maintain a |
|
disposal system belonging to the person; and |
|
(5) contract with a person to train or supervise |
|
employees of a disposal system. (V.A.C.S. Art. 4477-7k, Secs. |
|
1.03(9), 4.21.) |
|
Sec.21.307.WASTE DISPOSAL CONTRACTS. (a) The district |
|
may contract to receive and to treat or dispose of waste from a |
|
person in the district. |
|
(b) The district shall set fees in the contract after |
|
considering: |
|
(1) the quality of the waste; |
|
(2) the quantity of the waste; |
|
(3) the difficulty encountered in treating or |
|
disposing of the waste; |
|
(4) operation and maintenance expenses and debt |
|
retirement services; and |
|
(5) any other reasonable consideration. (V.A.C.S. |
|
Art. 4477-7k, Sec. 4.22.) |
|
[Sections 21.308-21.350 reserved for expansion] |
|
SUBCHAPTER H. GENERAL FINANCIAL PROVISIONS |
|
Sec.21.351.ACCOUNTING. The district shall keep complete |
|
and accurate accounts of its business transactions in accordance |
|
with generally accepted methods of accounting. (V.A.C.S. Art. |
|
4477-7k, Sec. 3.14(a).) |
|
Sec.21.352.ANNUAL BUDGET. (a) The district's annual |
|
budget must contain a complete financial statement, including a |
|
statement of: |
|
(1) the outstanding district obligations; |
|
(2) the amount of cash on hand to the credit of each |
|
district fund; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate that will be required. |
|
(b) The board may amend the budget after adoption. |
|
(c) The district may not spend money for an expense not |
|
included in the annual budget or an amendment to it unless the board |
|
by order declares the expense to be necessary. (V.A.C.S. Art. |
|
4477-7k, Secs. 5.03(b), 5.04, 5.05.) |
|
Sec. 21.353. SWORN STATEMENT REGARDING MONEY AND |
|
DISBURSEMENTS. As soon as practicable after the close of the fiscal |
|
year, the district treasurer shall prepare for the board a sworn |
|
statement of: |
|
(1) the amount of money that belongs to the district; |
|
and |
|
(2) an account of the disbursement of that money. |
|
(V.A.C.S. Art. 4477-7k, Sec. 5.06.) |
|
Sec.21.354.DEPOSITORY. (a) The board shall name one or |
|
more banks to serve as depository for the district's money. |
|
(b) District money, other than money transmitted to a bank |
|
for payment of bonds issued by the district, shall be deposited as |
|
received with the depository bank and shall remain on deposit. |
|
(c) Before the district deposits money in a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation, the bank must execute a bond or |
|
provide other security in an amount sufficient to secure from loss |
|
the amount of the district's deposits that exceed the amount |
|
secured by the Federal Deposit Insurance Corporation. |
|
(d) This section does not limit the board's power to invest |
|
the district's money as provided by Subchapter A, Chapter 2256, |
|
Government Code. (V.A.C.S. Art. 4477-7k, Sec. 5.07.) |
|
Sec.21.355.INVESTMENTS. (a) The board may place district |
|
money in a certificate of deposit of a state or national bank or a |
|
state or federal savings and loan association in this state if the |
|
money is secured in the manner required for the security of county |
|
funds. |
|
(b) The board by resolution may provide that an authorized |
|
representative may invest and reinvest district money and provide |
|
for money to be withdrawn from the appropriate district accounts |
|
for investments on terms the board considers advisable. (V.A.C.S. |
|
Art. 4477-7k, Secs. 5.08(b), (c).) |
|
Sec.21.356.PAYMENT OF EXPENSES. (a) The board may pay: |
|
(1) costs and expenses necessarily incurred in the |
|
district's operation; |
|
(2) legal fees; and |
|
(3) other incidental expenses. |
|
(b) The board may reimburse a person for money advanced for |
|
a payment described by Subsection (a). |
|
(c) A payment may be made from the proceeds of district |
|
bonds, taxes, or fees or from other district revenue. (V.A.C.S. |
|
Art. 4477-7k, Sec. 5.09.) |
|
Sec.21.357.BORROWING MONEY. The district may borrow |
|
money for any purpose authorized by this chapter. (V.A.C.S. Art. |
|
4477-7k, Sec. 5.10.) |
|
Sec.21.358.PAYMENT OF JUDGMENTS. A court of this state |
|
that renders a money judgment against the district may require the |
|
board to pay the judgment from money in the district depository that |
|
is not dedicated to the payment of any district debt. (V.A.C.S. Art. |
|
4477-7k, Sec. 3.17(c).) |
|
[Sections 21.359-21.400 reserved for expansion] |
|
SUBCHAPTER I. BONDS |
|
Sec.21.401.AUTHORITY TO ISSUE BONDS. The board may issue |
|
and sell bonds in the district's name to acquire land and construct |
|
works, improvements, and waste disposal, treatment, and other |
|
facilities, plants, pipelines, equipment, and appliances as |
|
provided by this chapter. (V.A.C.S. Art. 4477-7k, Sec. 6.01.) |
|
Sec.21.402.BOND PAYMENT. The board may provide for the |
|
payment of the principal of and interest on the bonds: |
|
(1) from the imposition of property taxes on all |
|
taxable property in the district; |
|
(2) by pledging all or part of the designated revenue |
|
from the ownership or operation of the district's works, |
|
improvements, and facilities; or |
|
(3) from a combination of the sources listed by |
|
Subdivisions (1) and (2). (V.A.C.S. Art. 4477-7k, Sec. 6.02.) |
|
Sec.21.403.BOND ELECTION. (a) The district may not issue |
|
bonds until the issuance is approved by a majority of voters voting |
|
in the district at an election held for that purpose. |
|
(b) The board may order a bond election. The order calling |
|
the election must state: |
|
(1) the hours during which the polls will be open; |
|
(2) the location of the polling places; |
|
(3) the amount of bonds to be authorized; and |
|
(4) the maximum maturity of the bonds. |
|
(c) At an election to authorize bonds, the ballot must be |
|
printed to provide for voting for or against the issuance of bonds |
|
and the imposition of property taxes for payment of the bonds. |
|
(d) If a majority of the votes cast at the election favor the |
|
issuance of the bonds, the bonds may be issued by the board. If a |
|
majority of the votes cast at the election do not favor issuance of |
|
the bonds, the bonds may not be issued. (V.A.C.S. Art. 4477-7k, |
|
Secs. 6.03(a), (b), (d), (e) (part).) |
|
Sec.21.404.MATURITY OF BONDS. District bonds may mature |
|
not more than 50 years after the date of issuance. (V.A.C.S. Art. |
|
4477-7k, Sec. 6.04(b) (part).) |
|
Sec.21.405.SIGNATURE. District bonds must be signed and |
|
executed as provided by the board in the resolution or order |
|
authorizing the bonds. (V.A.C.S. Art. 4477-7k, Sec. 6.04(d) |
|
(part).) |
|
Sec.21.406.BOND PROVISIONS. (a) In an order or |
|
resolution authorizing the issuance of bonds, including refunding |
|
bonds, the board may: |
|
(1) provide for the flow of money; |
|
(2) provide for the establishment and maintenance of |
|
an interest and sinking fund, a reserve fund, and other funds; and |
|
(3) prohibit the further issuance of bonds or other |
|
obligations payable from the pledged fees or reserve the right to |
|
issue additional bonds to be secured by a pledge of and payable from |
|
the pledged fees on a parity with or subordinate to the pledge in |
|
support of the bonds being issued; and |
|
(4) provide for other provisions as the board |
|
determines. |
|
(b) The board may adopt and have executed any other |
|
proceeding or instrument necessary and convenient in the issuance |
|
of bonds. (V.A.C.S. Art. 4477-7k, Sec. 6.05.) |
|
Sec.21.407.MANDAMUS BY BONDHOLDERS. A holder of a |
|
district bond is entitled, in addition to any other right or remedy |
|
provided by law, to a writ of mandamus requiring the district and |
|
its officials to observe and perform any covenant, condition, or |
|
obligation provided by the order or resolution authorizing issuance |
|
of the bond that the district fails to observe or perform, |
|
including: |
|
(1) a default in the payment of principal, interest, |
|
or redemption price on the bond when due; and |
|
(2) a failure to make payment into any fund created in |
|
the order or resolution. (V.A.C.S. Art. 4477-7k, Sec. 6.09.) |
|
Sec.21.408.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the bonds to be refunded; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (V.A.C.S. |
|
Art. 4477-7k, Secs. 6.07(a), (c) (part).) |
|
Sec.21.409.TAX EXEMPTION. District bonds, transactions |
|
relating to the bonds, and profits made in the sale of the bonds are |
|
exempt from state taxation or taxation by a municipality, county, |
|
special district, or other political subdivision of the state. |
|
(V.A.C.S. Art. 4477-7k, Sec. 7.01 (part).) |
|
[Sections 21.410-21.450 reserved for expansion] |
|
SUBCHAPTER J. TAXES |
|
Sec.21.451.AUTHORITY TO IMPOSE PROPERTY TAXES. The board |
|
annually may impose a tax on all property in the district subject to |
|
district taxation. (V.A.C.S. Art. 4477-7k, Secs. 7.02(a) (part), |
|
7.03(b).) |
|
Sec.21.452.AMOUNT OF TAX. (a) The amount of tax imposed |
|
by the board must be in an amount necessary to pay: |
|
(1) the principal of and interest on district bonds; |
|
and |
|
(2) the expense of assessing and collecting taxes. |
|
(b) The district may impose a maintenance and operating tax |
|
in an amount not to exceed three cents on each $100 of assessed |
|
valuation of property in the district to pay the district's |
|
maintenance and operating expenses. (V.A.C.S. Art. 4477-7k, Sec. |
|
7.02 (part).) |
|
Sec.21.453.TAX RATE. In setting the tax rate, the board |
|
shall take into consideration the income of the district from |
|
sources other than taxation. (V.A.C.S. Art. 4477-7k, Sec. 7.04 |
|
(part).) |
|
Sec.21.454.TAX COLLECTOR. The board may: |
|
(1) provide for the appointment of a tax collector for |
|
the district; or |
|
(2) contract for the collection of taxes as provided |
|
by the Tax Code. (V.A.C.S. Art. 4477-7k, Sec. 7.05(b).) |
|
SECTION 1.02. Subtitle A, Title 3, Special District Local |
|
Laws Code, is amended by adding Chapters 1007, 1010, 1012, 1013, |
|
1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, |
|
1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1036, 1037, |
|
1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, |
|
1049, 1050, 1051, 1052, 1053, 1054, 1055, 1057, 1059, 1060, 1062, |
|
1065, 1066, 1068, 1070, and 1071 to read as follows: |
|
CHAPTER 1007. BIG BEND REGIONAL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1007.001. DEFINITIONS |
|
Sec. 1007.002. AUTHORITY FOR CREATION |
|
Sec. 1007.003. DISTRICT TERRITORY |
|
Sec. 1007.004. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1007.005. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1007.006-1007.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1007.051. BOARD ELECTION; TERM |
|
Sec. 1007.052. NOTICE OF ELECTION |
|
Sec. 1007.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1007.054. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION OF OFFICE |
|
Sec. 1007.055. OFFICERS |
|
Sec. 1007.056. COMPENSATION; EXPENSES |
|
Sec. 1007.057. DISTRICT ADMINISTRATOR |
|
Sec. 1007.058. EMPLOYEES |
|
Sec. 1007.059. RETIREMENT BENEFITS |
|
Sec. 1007.060. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
[Sections 1007.061-1007.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1007.101. DISTRICT RESPONSIBILITY |
|
Sec. 1007.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1007.103. MEDICAL SERVICES FOR PRESIDIO COUNTY |
|
Sec. 1007.104. MANAGEMENT AND CONTROL OF DISTRICT |
|
Sec. 1007.105. HOSPITAL SYSTEM |
|
Sec. 1007.106. RULES |
|
Sec. 1007.107. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1007.108. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1007.109. SURPLUS PROPERTY |
|
Sec. 1007.110. EMINENT DOMAIN |
|
Sec. 1007.111. GIFTS AND ENDOWMENTS |
|
Sec. 1007.112. CONTRACTS WITH POLITICAL SUBDIVISIONS |
|
FOR HOSPITAL AND MEDICAL CARE |
|
Sec. 1007.113. PAYMENT FOR TREATMENT; PROCEDURE |
|
[Sections 1007.114-1007.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1007.151. BUDGET |
|
Sec. 1007.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1007.153. FISCAL YEAR |
|
Sec. 1007.154. ANNUAL AUDIT |
|
Sec. 1007.155. DEPOSITORY |
|
[Sections 1007.156-1007.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1007.201. BONDS |
|
Sec. 1007.202. TAX TO PAY BONDS |
|
Sec. 1007.203. BOND ELECTION |
|
Sec. 1007.204. MATURITY OF BONDS |
|
Sec. 1007.205. EXECUTION OF BONDS |
|
[Sections 1007.206-1007.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1007.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1007.252. TAX RATE |
|
Sec. 1007.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1007. BIG BEND REGIONAL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1007.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Big Bend Regional Hospital |
|
District. (New.) |
|
Sec.1007.002.AUTHORITY FOR CREATION. The district is |
|
created under Section 9, Article IX, Texas Constitution. (Acts |
|
59th Leg., R.S., Ch. 643, Sec. 1.) |
|
Sec.1007.003.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of: |
|
(1) Presidio County, including all "cut over" or |
|
"banco" land on the north side of the Rio Grande; and |
|
(2) Brewster County. (Acts 59th Leg., R.S., Ch. 643, |
|
Secs. 2(a), 2A(h) (part).) |
|
Sec. 1007.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district's hospital |
|
system and any indebtedness incurred by the district under this |
|
chapter may not become a charge against or obligation of this state. |
|
(Acts 59th Leg., R.S., Ch. 643, Sec. 18 (part).) |
|
Sec.1007.005.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 59th Leg., R.S., Ch. 643, Sec. 18 (part).) |
|
[Sections 1007.006-1007.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1007.051.BOARD ELECTION; TERM. (a) The board |
|
consists of five directors elected from single-member voting |
|
subdistricts established by the board. |
|
(b) The board shall revise each single-member subdistrict |
|
after each federal decennial census to reflect population changes. |
|
At the first election after the subdistricts are revised, a new |
|
director shall be elected from each subdistrict. The directors |
|
shall draw lots to determine which two directors shall serve |
|
two-year terms and which three directors shall serve four-year |
|
terms. |
|
(c) Directors serve staggered four-year terms. |
|
(d) An election shall be held on the uniform election date |
|
in May of each even-numbered year to elect the appropriate number of |
|
directors. (Acts 59th Leg., R.S., Ch. 643, Secs. 2B(c) (part), |
|
2C(c), (g), 7(b) (part).) |
|
Sec.1007.052.NOTICE OF ELECTION. At least 35 days before |
|
the date of an election of directors, notice of the election must be |
|
published one time in a newspaper with general circulation in the |
|
district. (Acts 59th Leg., R.S., Ch. 643, Sec. 7(c), as added by |
|
Acts 72nd Leg., R.S., Ch. 89.) |
|
Sec.1007.053.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be a candidate for or serve as a director unless the person is: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) a district employee; |
|
(2) a party to a contract with the district to perform |
|
services for compensation; or |
|
(3) a physician who has staff privileges at a district |
|
facility. |
|
(c) A person who is elected from a single-member subdistrict |
|
or who is appointed to fill a vacancy for a single-member |
|
subdistrict must reside in that subdistrict. (Acts 59th Leg., |
|
R.S., Ch. 643, Secs. 2C(h) (part), 7B(a), (c).) |
|
Sec. 1007.054. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
OF OFFICE. (a) Each director shall qualify for office by executing |
|
a good and sufficient commercial bond for $1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district shall pay for the directors' bonds. |
|
(c) Each director's bond and constitutional oath or |
|
affirmation of office shall be deposited in the district depository |
|
for safekeeping. (Acts 59th Leg., R.S., Ch. 643, Sec. 8(a).) |
|
Sec.1007.055.OFFICERS. The board shall elect from among |
|
its members a president, secretary, and treasurer at the first |
|
meeting of the board after each directors' election. (Acts 59th |
|
Leg., R.S., Ch. 643, Sec. 8(b).) |
|
Sec.1007.056.COMPENSATION; EXPENSES. A director serves |
|
without compensation but is entitled to reimbursement for necessary |
|
expenses incurred in the performance of official duties. (Acts 59th |
|
Leg., R.S., Ch. 643, Sec. 8(c).) |
|
Sec.1007.057.DISTRICT ADMINISTRATOR. (a) The board may |
|
employ a district administrator to manage the operations of the |
|
hospital system. |
|
(b) The district administrator may employ necessary |
|
personnel to perform the services provided by the system. (Acts |
|
59th Leg., R.S., Ch. 643, Sec. 12(e) (part).) |
|
Sec.1007.058.EMPLOYEES. The board may employ an attorney, |
|
general manager, bookkeeper, architect, and other employees |
|
necessary for the efficient operation of the district. (Acts 59th |
|
Leg., R.S., Ch. 643, Sec. 12(e) (part).) |
|
Sec.1007.059.RETIREMENT BENEFITS. The board may enter |
|
into any contract or agreement with this state or the federal |
|
government that is required to establish or continue a retirement |
|
program for the benefit of the district's employees. (Acts 59th |
|
Leg., R.S., Ch. 643, Sec. 12(h).) |
|
Sec.1007.060.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
The board shall: |
|
(1) maintain all district records, including books, |
|
accounts, notices, minutes, and other matters of the district and |
|
its operation, at the district office; and |
|
(2) make those records available for public inspection |
|
at reasonable times. (Acts 59th Leg., R.S., Ch. 643, Sec. 12(b).) |
|
[Sections 1007.061-1007.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1007.101.DISTRICT RESPONSIBILITY. The district shall |
|
provide all necessary hospital and medical care for the district's |
|
needy inhabitants. (Acts 59th Leg., R.S., Ch. 643, Sec. 3 (part).) |
|
Sec. 1007.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision of this state, other |
|
than the district, may not impose a tax or issue bonds or other |
|
obligations to provide hospital service or medical care in the |
|
district. (Acts 59th Leg., R.S., Ch. 643, Sec. 3 (part).) |
|
Sec.1007.103.MEDICAL SERVICES FOR PRESIDIO COUNTY. (a) |
|
The board shall periodically review the feasibility and |
|
desirability of operating a hospital in Presidio County. |
|
(b) The district shall operate a facility that provides |
|
medical services in Presidio County. At a minimum, the facility |
|
must provide outpatient medical services to the district's |
|
residents. |
|
(c) The board may contract or otherwise cooperate with |
|
another entity to provide the services required by Subsection (b). |
|
(Acts 59th Leg., R.S., Ch. 643, Secs. 2E(b) (part), 2F(a) (part), |
|
(b).) |
|
Sec.1007.104.MANAGEMENT AND CONTROL OF DISTRICT. The |
|
management and control of the district is vested in the board, and |
|
the board has full power to manage and control the district. (Acts |
|
59th Leg., R.S., Ch. 643, Secs. 2E(a) (part), 12(a) (part).) |
|
Sec.1007.105.HOSPITAL SYSTEM. The district has the |
|
responsibility to establish a hospital or hospital system within |
|
its boundaries to provide hospital and medical care to the |
|
district's residents. (Acts 59th Leg., R.S., Ch. 643, Sec. 3 |
|
(part).) |
|
Sec.1007.106.RULES. (a) The board shall adopt rules for |
|
the efficient operation of the district, including district |
|
facilities. |
|
(b) The board shall: |
|
(1) publish the rules in book form; and |
|
(2) provide copies to interested persons on request at |
|
district expense. (Acts 59th Leg., R.S., Ch. 643, Sec. 12(c).) |
|
Sec.1007.107.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe the method of making purchases and expenditures |
|
and the manner of accounting and control used by the district. |
|
(Acts 59th Leg., R.S., Ch. 643, Sec. 12(e) (part).) |
|
Sec. 1007.108. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. The board may sell, lease, or otherwise dispose of |
|
property, including facilities or equipment, for the district. The |
|
sale or other disposal must be at a public sale and at a price and on |
|
terms the board determines are most advantageous to the district. |
|
(Acts 59th Leg., R.S., Ch. 643, Sec. 12(i).) |
|
Sec.1007.109.SURPLUS PROPERTY. The board may donate to |
|
another governmental entity or to a charitable organization any |
|
surplus personal property or equipment if the donation serves a |
|
public purpose and is accompanied by adequate consideration. (Acts |
|
59th Leg., R.S., Ch. 643, Sec. 12(j).) |
|
Sec.1007.110.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any real, personal, or mixed property located in |
|
district territory if the interest is necessary or convenient for |
|
the district to exercise a power or duty conferred on the district |
|
by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding, the district is not |
|
required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; or |
|
(2) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 59th Leg., R.S., Ch. 643, Sec. |
|
15.) |
|
Sec.1007.111.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board under the directions, limitations, or |
|
other provisions prescribed in writing by the donor that are not |
|
inconsistent with the proper management of the district. (Acts |
|
59th Leg., R.S., Ch. 643, Sec. 12(f).) |
|
Sec. 1007.112. CONTRACTS WITH POLITICAL SUBDIVISIONS FOR |
|
HOSPITAL AND MEDICAL CARE. The board may contract with another |
|
political subdivision to provide hospital and medical care for |
|
needy persons who reside outside the district. (Acts 59th Leg., |
|
R.S., Ch. 643, Sec. 12(g).) |
|
Sec.1007.113.PAYMENT FOR TREATMENT; PROCEDURE. (a) A |
|
person who resides in the district is entitled to receive necessary |
|
medical and hospital care regardless of whether the person has the |
|
ability to pay for the care. |
|
(b) The board by rule shall adopt a procedure for |
|
determining: |
|
(1) the ability of a patient to pay for the patient's |
|
medical and hospital care; and |
|
(2) the amount each patient is required to pay. (Acts |
|
59th Leg., R.S., Ch. 643, Sec. 14.) |
|
[Sections 1007.114-1007.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1007.151.BUDGET. The board shall prepare a budget |
|
that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections for the next |
|
fiscal year; and |
|
(3) the amount of taxes required to be imposed to meet |
|
the proposed budget. (Acts 59th Leg., R.S., Ch. 643, Sec. 13(b).) |
|
Sec.1007.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any person who owns taxable property in the district and |
|
has rendered that property for taxation is entitled to: |
|
(1) appear at the hearing; and |
|
(2) be heard regarding any item in the proposed |
|
budget. (Acts 59th Leg., R.S., Ch. 643, Secs. 13(c), (d).) |
|
Sec.1007.153.FISCAL YEAR. The district's fiscal year is |
|
from October 1 to September 30. (Acts 59th Leg., R.S., Ch. 643, |
|
Sec. 13(a).) |
|
Sec.1007.154.ANNUAL AUDIT. (a) The board annually shall |
|
require an independent audit of the district's books and records. |
|
(b) Not later than December 1 each year, the board shall |
|
file a copy of the audit with: |
|
(1) the comptroller; and |
|
(2) the district. (Acts 59th Leg., R.S., Ch. 643, Sec. |
|
12(d).) |
|
Sec.1007.155.DEPOSITORY. (a) The board by resolution |
|
shall designate a bank in Brewster or Presidio County as the |
|
district's depository. The designated bank serves for two years |
|
and until a successor is designated. |
|
(b) All district money shall be deposited in the depository |
|
and secured in the manner provided for securing county funds. (Acts |
|
59th Leg., R.S., Ch. 643, Sec. 16.) |
|
[Sections 1007.156-1007.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1007.201.BONDS. The district may issue bonds to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; and |
|
(2) equip buildings for hospital purposes. (Acts 59th |
|
Leg., R.S., Ch. 643, Secs. 10(a) (part), 11(a) (part).) |
|
Sec.1007.202.TAX TO PAY BONDS. The board may issue bonds |
|
under Section 1007.201 only if the board imposes an ad valorem tax |
|
at a rate sufficient to create an interest and sinking fund to pay |
|
the principal of and interest on the bonds as the bonds mature. |
|
(Acts 59th Leg., R.S., Ch. 643, Sec. 11(c).) |
|
Sec.1007.203.BOND ELECTION. (a) The board may issue |
|
bonds under Section 1007.201 only if the bonds are authorized by a |
|
majority of the district voters voting in an election held for that |
|
purpose. The total face value of the bonds may not exceed the |
|
amount specified in the election order. |
|
(b) The board may order a bond election at any time. |
|
(c) The order calling an election must include: |
|
(1) the time of the election; |
|
(2) the location of the polling places; |
|
(3) the form of the ballots; |
|
(4) the presiding judge for each polling place; |
|
(5) the purpose of the bond issuance; |
|
(6) the amount of the proposed bond issuance; |
|
(7) the maximum interest rate of the bonds; and |
|
(8) the maximum maturity of the bonds. |
|
(d) A substantial copy of the election order shall be |
|
published in a newspaper of general circulation in the district |
|
once a week for two consecutive weeks before the date of the |
|
election. The first notice must be published not later than the |
|
14th day immediately preceding the day of the election. |
|
(e) A copy of the election results must be filed with the |
|
county clerk and become a public record. (Acts 59th Leg., R.S., Ch. |
|
643, Secs. 4(c), (d), (e) (part), 10(a) (part), (b), (d), 11(a) |
|
(part).) |
|
Sec.1007.204.MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after the date of issuance. (Acts |
|
59th Leg., R.S., Ch. 643, Sec. 10(c) (part).) |
|
Sec.1007.205.EXECUTION OF BONDS. (a) The board president |
|
shall execute the bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
59th Leg., R.S., Ch. 643, Sec. 11(b) (part).) |
|
[Sections 1007.206-1007.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1007.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The tax may be used only to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued under this chapter; |
|
(2) provide for the operation and maintenance of the |
|
district and hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire sites for additions to the hospital |
|
system. (Acts 59th Leg., R.S., Ch. 643, Secs. 9(a) (part), (c).) |
|
Sec.1007.252.TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 59th Leg., R.S., Ch. 643, Sec. 9(a) |
|
(part).) |
|
Sec.1007.253.TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector for Brewster or Presidio County shall collect |
|
taxes for the district. (Acts 59th Leg., R.S., Ch. 643, Sec. 9(d) |
|
(part).) |
|
CHAPTER 1010. BURLESON COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1010.001. DEFINITIONS |
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Sec. 1010.002. AUTHORITY FOR OPERATION |
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Sec. 1010.003. ESSENTIAL PUBLIC FUNCTION |
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Sec. 1010.004. DISTRICT TERRITORY |
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Sec. 1010.005. CORRECTION OF INVALID PROCEDURES |
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[Sections 1010.006-1010.050 reserved for expansion] |
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SUBCHAPTER B. DISTRICT ADMINISTRATION |
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Sec. 1010.051. BOARD ELECTION; TERM |
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Sec. 1010.052. QUALIFICATIONS FOR OFFICE |
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Sec. 1010.053. BOND; RECORD OF BOND AND OATH OR |
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AFFIRMATION OF OFFICE |
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Sec. 1010.054. BOARD VACANCY |
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Sec. 1010.055. OFFICERS |
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Sec. 1010.056. COMPENSATION; EXPENSES |
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Sec. 1010.057. VOTING REQUIREMENT |
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Sec. 1010.058. MEETINGS |
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Sec. 1010.059. PERSONNEL |
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Sec. 1010.060. DUTIES OF MANAGER |
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Sec. 1010.061. RETIREMENT, DISABILITY, AND DEATH |
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COMPENSATION FUND |
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Sec. 1010.062. MAINTENANCE OF RECORDS; PUBLIC |
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INSPECTION |
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Sec. 1010.063. SEAL |
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[Sections 1010.064-1010.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 1010.101. DISTRICT RESPONSIBILITY |
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Sec. 1010.102. RESTRICTION ON POLITICAL SUBDIVISION |
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TAXATION AND DEBT |
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Sec. 1010.103. MANAGEMENT AND CONTROL |
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Sec. 1010.104. HOSPITAL SYSTEM |
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Sec. 1010.105. DISTRICT ELECTIONS |
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Sec. 1010.106. BYLAWS |
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Sec. 1010.107. EMINENT DOMAIN |
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Sec. 1010.108. COST OF RELOCATING OR ALTERING PROPERTY |
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Sec. 1010.109. GIFTS AND ENDOWMENTS |
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Sec. 1010.110. OPERATING AND MANAGEMENT CONTRACTS |
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Sec. 1010.111. CONTRACT IN NAME OF DISTRICT |
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Sec. 1010.112. CONTRACTS FOR CARE AND TRAINING |
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Sec. 1010.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
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FOR INVESTIGATORY OR OTHER SERVICES |
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Sec. 1010.114. MISCELLANEOUS CONTRACT REQUIREMENTS |
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Sec. 1010.115. LEASES |
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Sec. 1010.116. PURCHASING |
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Sec. 1010.117. DISPOSITION OF PROPERTY |
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Sec. 1010.118. PAYMENT FOR TREATMENT; PROCEDURES |
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Sec. 1010.119. REIMBURSEMENT FOR SERVICES TO |
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NONRESIDENTS |
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Sec. 1010.120. AUTHORITY TO SUE AND BE SUED; SERVICE |
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OF PROCESS |
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[Sections 1010.121-1010.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 1010.151. BUDGET |
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Sec. 1010.152. AMENDMENTS TO BUDGET |
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Sec. 1010.153. FISCAL YEAR |
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Sec. 1010.154. ANNUAL AUDIT |
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Sec. 1010.155. DEPOSITORY |
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Sec. 1010.156. INVESTMENT OF DISTRICT MONEY |
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[Sections 1010.157-1010.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 1010.201. GENERAL OBLIGATION BONDS |
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Sec. 1010.202. TAX TO PAY GENERAL OBLIGATION BONDS |
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Sec. 1010.203. REVENUE AND SPECIAL OBLIGATION BONDS |
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Sec. 1010.204. BOND ELECTION |
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Sec. 1010.205. MATURITY OF BONDS |
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Sec. 1010.206. EXECUTION OF BONDS |
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Sec. 1010.207. BONDS EXEMPT FROM TAXATION |
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Sec. 1010.208. REFUNDING OR FUNDING AND RETIRING |
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CERTAIN OLDER BONDS |
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[Sections 1010.209-1010.250 reserved for expansion] |
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SUBCHAPTER F. TAXES |
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Sec. 1010.251. TAX ELECTION |
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Sec. 1010.252. IMPOSITION OF AD VALOREM TAX |
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Sec. 1010.253. TAX RATE |
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Sec. 1010.254. ASSESSMENT AND COLLECTION BY COUNTY TAX |
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ASSESSOR-COLLECTOR |
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Sec. 1010.255. ASSESSMENT AND COLLECTION BY DISTRICT |
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TAX ASSESSOR-COLLECTOR |
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Sec. 1010.256. ASSESSMENT AND COLLECTION BY TAX |
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ASSESSOR-COLLECTOR OF ANOTHER |
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POLITICAL SUBDIVISION |
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CHAPTER 1010. BURLESON COUNTY HOSPITAL DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec.1010.001.DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Burleson County Hospital |
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District. (Acts 65th Leg., R.S., Ch. 726, Secs. 1 (part), 5(a) |
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(part); New.) |
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Sec.1010.002.AUTHORITY FOR OPERATION. The district |
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operates under and has the rights, powers, and duties provided by |
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Section 9, Article IX, Texas Constitution, and this chapter. (Acts |
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65th Leg., R.S., Ch. 726, Secs. 1 (part), 3.) |
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Sec.1010.003.ESSENTIAL PUBLIC FUNCTION. The district is |
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a governmental agency performing an essential public function in |
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carrying out the purposes of this chapter. (Acts 65th Leg., R.S., |
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Ch. 726, Secs. 13 (part), 30 (part).) |
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Sec.1010.004.DISTRICT TERRITORY. The boundaries of the |
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district are coextensive with the boundaries of Burleson County. |
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(Acts 65th Leg., R.S., Ch. 726, Sec. 2.) |
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Sec.1010.005.CORRECTION OF INVALID PROCEDURES. If a |
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court holds that any procedure under this chapter violates the |
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constitution of this state or of the United States, the board by |
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resolution or order may provide an alternative procedure that |
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conforms with the constitution. (Acts 65th Leg., R.S., Ch. 726, |
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Sec. 31 (part).) |
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[Sections 1010.006-1010.050 reserved for expansion] |
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SUBCHAPTER B. DISTRICT ADMINISTRATION |
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Sec.1010.051.BOARD ELECTION; TERM. (a) The district is |
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governed by a board of 11 elected directors. |
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(b) Unless four-year terms are established under Section |
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285.081, Health and Safety Code: |
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(1) directors serve two-year terms; and |
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(2) the terms of the five directors elected to |
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even-numbered places expire in even-numbered years and the terms of |
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the six directors elected to odd-numbered places expire in |
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odd-numbered years. (Acts 65th Leg., R.S., Ch. 726, Sec. 8 (part).) |
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Sec.1010.052.QUALIFICATIONS FOR OFFICE. To serve as a |
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director, a person must be: |
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(1) at least 21 years of age; and |
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(2) a qualified voter of the district. (Acts 65th |
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Leg., R.S., Ch. 726, Sec. 8 (part).) |
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Sec. 1010.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
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OF OFFICE. (a) As soon as practicable after a director is elected |
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or appointed, the director shall execute a bond for $5,000 that is: |
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(1) approved by the board; |
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(2) payable to the district; and |
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(3) conditioned on the faithful performance of the |
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director's duties. |
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(b) Each director's bond and constitutional oath or |
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affirmation of office shall be filed with the district and retained |
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in the district's records. (Acts 65th Leg., R.S., Ch. 726, Secs. |
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12(h), (i), (k).) |
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Sec.1010.054.BOARD VACANCY. If a vacancy occurs in the |
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office of director, the board shall promptly appoint a director for |
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the unexpired term. (Acts 65th Leg., R.S., Ch. 726, Sec. 8 (part).) |
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Sec.1010.055.OFFICERS. (a) The board shall elect from |
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its membership a president, a vice president, a secretary, a |
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treasurer, and any other officers the board considers necessary. |
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The district's depository bank may be designated as district |
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treasurer. |
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(b) The president is the district's chief executive officer |
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and shall preside at all board meetings. The vice president shall |
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act as president if the president is absent or disabled. |
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(c) The secretary shall: |
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(1) act as president if both the president and vice |
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president are absent or disabled; |
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(2) act as secretary of the board; and |
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(3) see that all district records and books are |
|
properly kept. |
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(d) The board may appoint an assistant or deputy secretary |
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to assist the secretary. The assistant or deputy secretary may |
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certify the authenticity of any district record, including any |
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proceeding related to district contracts or bonds or other |
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indebtedness. |
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(e) The board may require an officer to execute a bond that |
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is: |
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(1) payable to the district; and |
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(2) conditioned on the faithful performance of the |
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officer's duties. |
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(f) If a vacancy occurs in an office, the board shall |
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appoint a replacement for the unexpired term. (Acts 65th Leg., |
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R.S., Ch. 726, Secs. 5(b), 8 (part), 9(b), (c), (d), 12(d) (part).) |
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Sec.1010.056.COMPENSATION; EXPENSES. A director serves |
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without compensation but may be reimbursed for travel or other |
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expenses incurred on the district's behalf if: |
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(1) the director presents a verified statement; and |
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(2) the board approves the expenses. (Acts 65th Leg., |
|
R.S., Ch. 726, Sec. 12(g).) |
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Sec.1010.057.VOTING REQUIREMENT. A concurrence of six |
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directors is sufficient in any matter relating to district |
|
business. (Acts 65th Leg., R.S., Ch. 726, Sec. 9(a) (part).) |
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Sec.1010.058.MEETINGS. (a) The board: |
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(1) shall hold the board's meetings at the board's |
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designated meeting place; |
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(2) may establish a schedule of regular meetings to |
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conduct district business; and |
|
(3) may hold special meetings at other times as |
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district business requires. |
|
(b) Except as provided by this section, Chapter 551, |
|
Government Code, applies to board meetings. |
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(c) If there is an emergency or urgent public necessity, |
|
posting of notice of a board meeting is not required. |
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(d) Failure to post notice does not affect the validity of |
|
an action taken at a regular board meeting. Failure to post notice |
|
may affect the validity of an action taken at a special meeting |
|
unless the board declares, by an action taken at the special |
|
meeting, that an emergency exists. |
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(e) Any interested person may attend a board meeting. (Acts |
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65th Leg., R.S., Ch. 726, Sec. 11 (part).) |
|
Sec.1010.059.PERSONNEL. (a) The board shall employ or |
|
contract with all persons the board considers necessary or |
|
advisable to conduct district affairs, including doctors, nurses, |
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medical technicians, engineers, architects, attorneys, financial |
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advisors, a hospital administrator, bookkeepers, auditors, and |
|
secretaries. |
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(b) The board shall determine the powers, duties, terms of |
|
office, and compensation of all employees and consultants by |
|
contract or by resolution or order of the board. The board may |
|
delegate to any district employee any power that the board |
|
considers advisable. |
|
(c) The board may remove any employee. |
|
(d) The board may require an employee to execute a bond |
|
payable to the district and conditioned on the faithful performance |
|
of the employee's duties. (Acts 65th Leg., R.S., Ch. 726, Secs. |
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12(a) (part), (b), (c), (d) (part).) |
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Sec.1010.060.DUTIES OF MANAGER. The district may |
|
delegate to the manager the power to: |
|
(1) manage and operate the district hospital or |
|
hospital system or a portion of the district hospital or hospital |
|
system; and |
|
(2) employ and discharge employees or appoint and |
|
remove doctors from the staff. (Acts 65th Leg., R.S., Ch. 726, Sec. |
|
15(b) (part).) |
|
Sec. 1010.061. RETIREMENT, DISABILITY, AND DEATH |
|
COMPENSATION FUND. (a) The board may: |
|
(1) provide for and administer a retirement, |
|
disability, and death compensation fund for district officers and |
|
employees; and |
|
(2) adopt a plan to effectuate the purpose of this |
|
section, including the forms of insurance and annuities that the |
|
board considers advisable. |
|
(b) The board may change a plan or rule after notice to the |
|
employees and a hearing. |
|
(c) As the board considers advisable, the board may invest |
|
money provided: |
|
(1) from the compensation of officers and employees |
|
participating in the fund and plan authorized by this section; and |
|
(2) by the district for the retirement, disability, |
|
and death compensation fund after the money has been received by the |
|
district. |
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(d) The board may invest the money in: |
|
(1) bonds of the United States, this state, or any |
|
political subdivision of this state; |
|
(2) bonds issued by any agency of the United States if |
|
the payment of the principal and interest is guaranteed by the |
|
United States; and |
|
(3) life insurance policies, endowment or annuity |
|
contracts, or interest-bearing certificates of legal reserve life |
|
insurance companies authorized to write the contracts in this |
|
state. |
|
(e) A sufficient amount of money shall be kept on hand to |
|
meet the immediate payment of amounts likely to become due each year |
|
out of the fund as determined by the board. |
|
(f) The recipients or beneficiaries of the fund are not |
|
eligible for any other pension, retirement fund, or direct aid from |
|
this state unless the fund created under this chapter is released to |
|
the state as a condition precedent to receiving the other pension or |
|
aid or the joining of any other system. |
|
(g) The board may: |
|
(1) include hospitalization and medical benefits to |
|
district officers and employees as part of the compensation |
|
currently paid to the officers and employees; |
|
(2) adopt a plan or rule in connection with the |
|
benefits provided under Subdivision (1); or |
|
(3) amend or change a plan or rule adopted under |
|
Subdivision (2) as the board determines. |
|
(h) The board may contract with the state and federal |
|
governments as necessary to establish and continue a retirement |
|
program for the benefit of the district's employees. (Acts 65th |
|
Leg., R.S., Ch. 726, Secs. 16(a), (b), (c), (d), (e), (g).) |
|
Sec.1010.062.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
(a) The district shall maintain records and accounts in which full |
|
and proper entries are made of: |
|
(1) all dealings, transactions, and business matters |
|
that in any way affect or relate to the district; and |
|
(2) the allocation and application of all revenue |
|
relating to the dealings, transactions, and business matters. |
|
(b) The district records, including the audit report, shall |
|
be available for public inspection at reasonable hours and under |
|
reasonable circumstances. (Acts 65th Leg., R.S., Ch. 726, Sec. 17 |
|
(part).) |
|
Sec.1010.063.SEAL. The board shall adopt a seal for the |
|
district. (Acts 65th Leg., R.S., Ch. 726, Sec. 12(f).) |
|
[Sections 1010.064-1010.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1010.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 65th Leg., R.S., Ch. 726, Sec. |
|
4 (part).) |
|
Sec. 1010.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision other than the district |
|
may not impose a tax or issue bonds or other obligations for |
|
hospital purposes or to provide medical care in the district. (Acts |
|
65th Leg., R.S., Ch. 726, Sec. 4 (part).) |
|
Sec.1010.103.MANAGEMENT AND CONTROL. The board shall |
|
manage and control all district affairs. (Acts 65th Leg., R.S., Ch. |
|
726, Sec. 12(a) (part).) |
|
Sec.1010.104.HOSPITAL SYSTEM. (a) The district shall |
|
provide for the establishment of a hospital or hospital system in |
|
the district by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and improvements for hospital and medical |
|
care purposes; and |
|
(2) equipping the buildings and improvements for those |
|
purposes. |
|
(b) The district shall provide for the administration, |
|
maintenance, and operation of the hospital or hospital system to |
|
furnish hospital and medical care in the district. |
|
(c) The board shall determine the type, number, and location |
|
of buildings required to maintain an adequate hospital system. |
|
(d) The hospital system may include: |
|
(1) domiciliary hospital care of the sick or injured; |
|
(2) outpatient clinics; |
|
(3) dispensaries; |
|
(4) geriatric domiciliary care; |
|
(5) convalescent home facilities; |
|
(6) necessary nurses; |
|
(7) domiciliaries and training centers; |
|
(8) blood banks; |
|
(9) community health centers; |
|
(10) research centers or laboratories; and |
|
(11) any other facilities that the board considers |
|
necessary for hospital care. (Acts 65th Leg., R.S., Ch. 726, Secs. |
|
4 (part), 15 (part).) |
|
Sec.1010.105.DISTRICT ELECTIONS. (a) Each district |
|
election shall be called by resolution or order of the board. The |
|
order or resolution must specify: |
|
(1) the date of the election; |
|
(2) the proposition to be submitted and voted on; |
|
(3) the polling place; and |
|
(4) any other matter considered necessary or advisable |
|
by the board. |
|
(b) Notice of each district election shall be given by |
|
publishing one time a substantial copy of the election resolution |
|
or order in a newspaper of general circulation in the district at |
|
least 20 days before the date set for the election. |
|
(c) The board shall declare the results of a district |
|
election. (Acts 65th Leg., R.S., Ch. 726, Sec. 6 (part).) |
|
Sec.1010.106.BYLAWS. The board may adopt bylaws to |
|
govern: |
|
(1) the time, place, and manner of conducting board |
|
meetings; |
|
(2) the powers, duties, and responsibilities of the |
|
board's officers and employees; |
|
(3) the disbursement of money by check, draft, or |
|
warrant; |
|
(4) the appointment and authority of board committees; |
|
(5) the keeping of records and accounts; and |
|
(6) other matters the board considers appropriate. |
|
(Acts 65th Leg., R.S., Ch. 726, Sec. 10.) |
|
Sec.1010.107.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary or convenient for the |
|
district to exercise a right, power, or privilege conferred by this |
|
chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide bond or other security |
|
for costs in the trial court; |
|
(2) provide bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 65th Leg., R.S., Ch. 726, Sec. |
|
26(a).) |
|
Sec.1010.108.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of any railroad, electric transmission, |
|
telegraph or telephone lines, conduits, poles, or facilities, or |
|
pipeline, the district must bear the actual cost of relocating, |
|
raising, lowering, rerouting, changing the grade, or altering the |
|
construction to provide comparable replacement without enhancement |
|
of facilities, after deducting the net salvage value derived from |
|
the old facility. (Acts 65th Leg., R.S., Ch. 726, Sec. 26(b).) |
|
Sec.1010.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent, in the board's opinion, with |
|
the proper management and objectives of the district. (Acts 65th |
|
Leg., R.S., Ch. 726, Sec. 29.) |
|
Sec.1010.110.OPERATING AND MANAGEMENT CONTRACTS. The |
|
district may enter into an operating or management contract with |
|
any person regarding any district hospital or any part of the |
|
district hospital system. (Acts 65th Leg., R.S., Ch. 726, Sec. |
|
15(b) (part).) |
|
Sec.1010.111.CONTRACT IN NAME OF DISTRICT. The district |
|
shall contract in the name of the district. (Acts 65th Leg., R.S., |
|
Ch. 726, Sec. 13 (part).) |
|
Sec.1010.112.CONTRACTS FOR CARE AND TRAINING. (a) The |
|
district may contract with this state, including agencies of this |
|
state, or the United States for: |
|
(1) the rendition of hospital or medical care; and |
|
(2) the training of doctors, nurses, and other health |
|
care disciplines. |
|
(b) The board may contract with any lessee of the district's |
|
hospitals or any other person to provide hospital care to needy |
|
district inhabitants for payments and terms and under conditions |
|
that the board considers to be in the district's best interests. |
|
(Acts 65th Leg., R.S., Ch. 726, Sec. 14 (part).) |
|
Sec. 1010.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with any |
|
political subdivision or governmental agency for investigatory or |
|
other services as to: |
|
(1) the hospital or medical needs of district |
|
inhabitants; or |
|
(2) the hospital or medical care of the inhabitants of |
|
the other political subdivision or governmental agency. (Acts 65th |
|
Leg., R.S., Ch. 726, Sec. 14 (part).) |
|
Sec.1010.114.MISCELLANEOUS CONTRACT REQUIREMENTS. (a) |
|
The board may not enter into a contract calling for or requiring the |
|
expenditure, payment, or creation or imposition of an obligation or |
|
liability of any nature on the district in excess of $5,000, unless |
|
the proposed contract is first submitted to competitive bids. |
|
(b) Notice of the time and place the contract will be |
|
awarded must be published once a week for two consecutive weeks in a |
|
newspaper of general circulation in the district. The first notice |
|
must be published not later than the 14th day before the date set |
|
for the receipt of bids. The notice must specify that the plans and |
|
specifications for the proposed project, or the specifications for |
|
the machinery, supplies, equipment, or materials to be purchased, |
|
are on file with a designated district representative for |
|
examination without charge. |
|
(c) A contract for construction or the purchase of |
|
materials, equipment, supplies, or machinery awarded under this |
|
chapter shall be awarded to the lowest responsible bidder and may be |
|
awarded on a lump-sum basis or on a unit price basis, as the board |
|
shall determine. |
|
(d) After performance of a construction contract has |
|
started, the board may approve change orders necessary to: |
|
(1) change the plans or specifications; or |
|
(2) decrease or increase: |
|
(A) the quantity of work to be performed; or |
|
(B) the materials, equipment, or supplies to be |
|
furnished. |
|
(e) The board may not increase the total contract price by a |
|
change order under Subsection (d) unless the board provides for the |
|
payment of the added cost by appropriating current or bond funds for |
|
that purpose, but the original contract price may not be increased |
|
by more than 25 percent. |
|
(f) The original contract price may not be decreased by more |
|
than 25 percent without the consent of the contractor. |
|
(g) The board may reject any bid. If a contract is for the |
|
construction of public works and requires the expenditure of $5,000 |
|
or more, a successful bidder is required to give a good and |
|
sufficient payment bond and performance bond. Each bond must: |
|
(1) be in the full amount of the contract price; and |
|
(2) be executed by a surety company authorized to do |
|
business in this state under Chapter 2253, Government Code. |
|
(h) This section does not apply to: |
|
(1) Section 1010.104(b), 1010.110, 1010.115, or |
|
1010.117; |
|
(2) a contract for personal or professional services; |
|
or |
|
(3) the purchase of land, buildings, or rights-of-way. |
|
(Acts 65th Leg., R.S., Ch. 726, Sec. 22.) |
|
Sec.1010.115.LEASES. (a) The district through the board |
|
may lease all or part of the buildings and facilities comprising the |
|
hospital system to any person on terms the board considers to be in |
|
the district's best interest. The term of a lease may not exceed 40 |
|
years. |
|
(b) When leasing a building or other facility, the board may |
|
delegate as it considers appropriate the board's power to manage, |
|
control, and administer the leased buildings and facilities to |
|
furnish hospital care. |
|
(c) For each leased building or other facility, the board |
|
shall provide that the lessee charges sufficient rates for services |
|
rendered or goods provided at the leased premise that together with |
|
other sources of the lessee's revenue produce an amount sufficient |
|
to enable the lessee to pay the expenses of operating and |
|
maintaining the leased premise as the lessee is required to pay |
|
under the lease. The rates also must enable the lessee to pay lease |
|
rentals to the district that will be sufficient, when taken with any |
|
other source of the district's estimated revenue that are pledged |
|
for the same purpose, to: |
|
(1) pay the interest on any revenue or special |
|
obligation bonds that are payable wholly or partly from the lease |
|
rentals; |
|
(2) create and maintain a sinking fund to pay the |
|
principal of and premium, if any, on the bonds as they become due; |
|
(3) create and maintain a bond reserve fund and other |
|
fund as required by the bond resolution or trust indenture |
|
authorizing the issuance of the bonds; and |
|
(4) pay all other charges, fees, costs, and expenses |
|
that the lessee is required to pay under the resolution or |
|
indenture. |
|
(d) The lease, management agreement, bond resolution, or |
|
trust indenture may prescribe systems, methods, routines, |
|
procedures, and policies for the operation of the buildings and |
|
other facilities owned by the district. If all or part of the |
|
district's buildings or other facilities are leased, the district |
|
may delegate to the lessee the duty to establish the systems, |
|
methods, routines, procedures, and policies needed for the |
|
operation of the leased premise. (Acts 65th Leg., R.S., Ch. 726, |
|
Sec. 15(c) (part).) |
|
Sec.1010.116.PURCHASING. The board may purchase any |
|
material, supply, equipment, or vehicle needed by the district. |
|
(Acts 65th Leg., R.S., Ch. 726, Sec. 12(e).) |
|
Sec.1010.117.DISPOSITION OF PROPERTY. The district may |
|
sell or otherwise dispose of any type of property, including |
|
equipment, on terms the board finds are in the best interest of the |
|
district. (Acts 65th Leg., R.S., Ch. 726, Sec. 15(d).) |
|
Sec.1010.118.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the board or a board representative may have an inquiry |
|
made into the financial circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the board or the board's authorized representative |
|
determines that the patient or those relatives cannot pay all or |
|
part of the costs of the patient's care and treatment, the amount of |
|
the costs that cannot be paid becomes a charge against the district. |
|
(c) If the inquiry under Subsection (a) discloses that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the board shall order the patient |
|
or those relatives to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The district may collect the amount from the patient's |
|
estate, or from any relative who is legally liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, the board |
|
shall hear and determine the issue, after calling witnesses. |
|
(f) The final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 65th Leg., R.S., Ch. 726, Sec. 28 (part).) |
|
Sec.1010.119.REIMBURSEMENT FOR SERVICES TO NONRESIDENTS. |
|
If a welfare patient, who is not a district resident, is admitted to |
|
a district facility, the district may: |
|
(1) seek reimbursement from the patient's county of |
|
residence; and |
|
(2) sue for reimbursement. (Acts 65th Leg., R.S., Ch. |
|
726, Sec. 28 (part).) |
|
Sec. 1010.120. AUTHORITY TO SUE AND BE SUED; SERVICE OF |
|
PROCESS. (a) The district, through its directors, may sue and be |
|
sued in the district's own name in any court of this state. |
|
(b) Service of process in any suit may be made by serving any |
|
two directors. (Acts of the 65th Leg., R.S., Ch. 726, Sec. 13 |
|
(part).) |
|
[Sections 1010.121-1010.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1010.151.BUDGET. An annual budget for each fiscal |
|
year shall be prepared as directed by, and for approval of, the |
|
board. (Acts 65th Leg., R.S., Ch. 726, Sec. 17 (part).) |
|
Sec.1010.152.AMENDMENTS TO BUDGET. The board may amend |
|
the budget as the board considers necessary. (Acts 65th Leg., R.S., |
|
Ch. 726, Sec. 17 (part).) |
|
Sec.1010.153.FISCAL YEAR. The district's fiscal year |
|
ends on the last day of April. The board may change the fiscal year. |
|
(Acts 65th Leg., R.S., Ch. 726, Sec. 17 (part).) |
|
Sec.1010.154.ANNUAL AUDIT. (a) The board shall have an |
|
independent certified public accountant audit all transactions |
|
relating to the district for each fiscal year. |
|
(b) The accountant's audit report shall be submitted to the |
|
board not later than the 90th day after the date the fiscal year |
|
ends. (Acts 65th Leg., R.S., Ch. 726, Sec. 17 (part).) |
|
Sec.1010.155.DEPOSITORY. (a) The board shall select one |
|
or more banks to serve as the district's depository. |
|
(b) District money shall be deposited as received with the |
|
district's depository bank. |
|
(c) All deposits shall be secured in the manner provided for |
|
securing county funds. Deposits may be placed on time deposit or |
|
used to purchase certificates of deposit. (Acts 65th Leg., R.S., |
|
Ch. 726, Sec. 23 (part).) |
|
Sec.1010.156.INVESTMENT OF DISTRICT MONEY. The board may |
|
invest district money in: |
|
(1) bonds of the United States, this state, or any |
|
political subdivision of this state; or |
|
(2) bonds issued by any agency of the United States if |
|
the payment of the principal and interest is guaranteed by the |
|
United States. (Acts 65th Leg., R.S., Ch. 726, Sec. 23 (part).) |
|
[Sections 1010.157-1010.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1010.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings and improvements for hospital purposes; |
|
and |
|
(2) equipping buildings or improvements for those |
|
purposes. (Acts 65th Leg., R.S., Ch. 726, Sec. 18 (part).) |
|
Sec.1010.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued under Section |
|
1010.201, the board shall impose an ad valorem tax on all property |
|
in the district subject to district taxation at a rate sufficient |
|
to: |
|
(1) pay the interest on the bonds as the interest comes |
|
due; and |
|
(2) provide and maintain a sinking fund adequate to |
|
pay the principal on the bonds as the principal matures. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of taxable property in the district. |
|
(Acts 65th Leg., R.S., Ch. 726, Sec. 18 (part).) |
|
Sec.1010.203.REVENUE AND SPECIAL OBLIGATION BONDS. (a) |
|
The district may issue revenue or special obligation bonds as |
|
authorized by the laws of this state relating to the issuance of |
|
revenue or special obligation bonds, including Sections |
|
264.042-264.049 and 284.031, Health and Safety Code. |
|
(b) Bonds issued under this section may be payable from and |
|
secured by revenue, encumbrances, and mortgages as authorized by |
|
law. Any maintenance and operating expense of the system that is |
|
charged against the revenue of the system may include only items set |
|
forth and defined in the proceedings authorizing the bond issuance. |
|
(Acts 65th Leg., R.S., Ch. 726, Sec. 19.) |
|
Sec.1010.204.BOND ELECTION. (a) The district may not |
|
issue bonds unless the bonds are authorized by a majority of the |
|
district voters voting at an election held for that purpose. |
|
(b) A proposition to authorize the issuance of district |
|
bonds may be submitted at any district election. (Acts 65th Leg., |
|
R.S., Ch. 726, Secs. 6 (part), 7 (part), 18 (part).) |
|
Sec.1010.205.MATURITY OF BONDS. District bonds, |
|
including revenue bonds, must mature not later than 40 years after |
|
the date of issuance. (Acts 65th Leg., R.S., Ch. 726, Sec. 20 |
|
(part).) |
|
Sec.1010.206.EXECUTION OF BONDS. Bonds shall be signed |
|
and executed as provided by the board in the resolution or order |
|
authorizing the issuance of bonds. (Acts 65th Leg., R.S., Ch. 726, |
|
Sec. 20 (part).) |
|
Sec.1010.207.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued or assumed by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 65th |
|
Leg., R.S., Ch. 726, Sec. 30 (part).) |
|
Sec. 1010.208. REFUNDING OR FUNDING AND RETIRING CERTAIN |
|
OLDER BONDS. (a) This section applies only to bonds approved in an |
|
election held before May 31, 1991. |
|
(b) Except as provided by Subsection (c) and |
|
notwithstanding any legal defect in the incurrence, issuance, or |
|
assumption of the obligation or indebtedness, the board may issue |
|
and sell bonds in the name and on the faith and credit of the |
|
district to refund or fund and retire any outstanding obligation or |
|
other indebtedness the district has incurred, issued, or assumed. |
|
(c) The board may not use the power granted by this section |
|
to convert Farmers Home Administration bonds to tax bonds. (Acts |
|
65th Leg., R.S., Ch. 726, Sec. 18A.) |
|
[Sections 1010.209-1010.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1010.251.TAX ELECTION. The district may impose a tax |
|
only if authorized by a majority of the district voters voting in an |
|
election held for that purpose. (Acts 65th Leg., R.S., Ch. 726, |
|
Sec. 6 (part).) |
|
Sec.1010.252.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The tax shall be imposed for and may be pledged to: |
|
(1) meet the requirements of district bonds; |
|
(2) provide for the district's maintenance and |
|
operating expenses, including the cost of contract payments for |
|
hospital care for needy district inhabitants; |
|
(3) make improvements and additions to the district's |
|
hospitals or hospital system; and |
|
(4) acquire necessary sites for hospitals or the |
|
hospital system by gift, purchase, lease, or condemnation. (Acts |
|
65th Leg., R.S., Ch. 726, Secs. 7 (part), 24(a) (part).) |
|
Sec.1010.253.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. |
|
(b) In setting the tax rate, the board shall consider all |
|
district income, including income from sources other than taxation |
|
that are available for the purposes described by Section |
|
1010.252(b). (Acts 65th Leg., R.S., Ch. 726, Secs. 7 (part), 24(a) |
|
(part), (b) (part).) |
|
Sec. 1010.254. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
elects to have taxes assessed and collected under Section 1010.255 |
|
or 1010.256. |
|
(b) The tax assessor-collector of Burleson County shall |
|
assess and collect taxes imposed by the district. (Acts 65th Leg., |
|
R.S., Ch. 726, Secs. 27(a) (part), (b) (part).) |
|
Sec. 1010.255. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
assessed and collected by a tax assessor-collector appointed by the |
|
board. An election under this subsection must be made by December 1 |
|
and governs the manner in which taxes are assessed and collected, |
|
until changed by the board. |
|
(b) The district tax assessor-collector must: |
|
(1) reside in the district; and |
|
(2) own real property subject to district taxation. |
|
(c) The board shall set for the district tax |
|
assessor-collector: |
|
(1) the terms of employment; and |
|
(2) compensation. (Acts 65th Leg., R.S., Ch. 726, |
|
Secs. 27(a) (part), (c) (part).) |
|
Sec. 1010.256. ASSESSMENT AND COLLECTION BY TAX |
|
ASSESSOR-COLLECTOR OF ANOTHER POLITICAL SUBDIVISION. (a) The |
|
board may elect to have all or part of the district's taxes assessed |
|
and collected by a political subdivision in which any part of the |
|
district is located. An election under this subsection must be made |
|
by December 1 and governs the manner in which taxes are assessed and |
|
collected, until changed by the board. |
|
(b) The tax assessor or collector of the political |
|
subdivision shall assess or collect the appropriate district taxes |
|
in accordance with the board's election under Subsection (a) and |
|
for the compensation agreed on by the board and the governing body |
|
of the political subdivision. (Acts 65th Leg., R.S., Ch. 726, Secs. |
|
27(a) (part), (d) (part).) |
|
CHAPTER 1012. CHILDRESS COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1012.001. DEFINITIONS |
|
Sec. 1012.002. AUTHORITY FOR CREATION |
|
Sec. 1012.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1012.004. DISTRICT TERRITORY |
|
Sec. 1012.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1012.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1012.007-1012.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1012.051. BOARD ELECTION; TERM |
|
Sec. 1012.052. QUALIFICATIONS FOR OFFICE |
|
Sec. 1012.053. BOARD VACANCY |
|
Sec. 1012.054. OFFICERS |
|
Sec. 1012.055. COMPENSATION; EXPENSES |
|
Sec. 1012.056. VOTING REQUIREMENT |
|
Sec. 1012.057. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1012.058. INDIVIDUAL LIABILITY OF DIRECTORS |
|
Sec. 1012.059. CHIEF EXECUTIVE OFFICER; ASSISTANT |
|
CHIEF EXECUTIVE OFFICER |
|
Sec. 1012.060. GENERAL DUTIES OF CHIEF EXECUTIVE |
|
OFFICER |
|
Sec. 1012.061. EMPLOYEES |
|
Sec. 1012.062. LEGAL COUNSEL; OTHER PROFESSIONAL |
|
SERVICES |
|
Sec. 1012.063. RECRUITMENT OF MEDICAL PERSONNEL |
|
Sec. 1012.064. PERSONNEL CONTRACTS |
|
Sec. 1012.065. EDUCATIONAL PROGRAMS; COURSES |
|
Sec. 1012.066. RETIREMENT BENEFITS |
|
[Sections 1012.067-1012.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1012.101. DISTRICT RESPONSIBILITY |
|
Sec. 1012.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION AND DEBT |
|
Sec. 1012.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1012.104. HOSPITAL SYSTEM |
|
Sec. 1012.105. RULES |
|
Sec. 1012.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1012.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1012.108. EMINENT DOMAIN |
|
Sec. 1012.109. GIFTS AND ENDOWMENTS |
|
Sec. 1012.110. CONSTRUCTION CONTRACTS |
|
Sec. 1012.111. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1012.112. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1012.113. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1012.114-1012.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1012.151. BUDGET |
|
Sec. 1012.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1012.153. AMENDMENT OF BUDGET |
|
Sec. 1012.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1012.155. FISCAL YEAR |
|
Sec. 1012.156. ANNUAL AUDIT |
|
Sec. 1012.157. FINANCIAL REPORT |
|
Sec. 1012.158. DEPOSITORY |
|
Sec. 1012.159. GENERAL AUTHORITY TO BORROW MONEY; |
|
SECURITY |
|
Sec. 1012.160. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
|
SECURITY |
|
[Sections 1012.161-1012.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1012.201. GENERAL OBLIGATION BONDS |
|
Sec. 1012.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1012.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1012.204. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1012.205. REVENUE BONDS |
|
Sec. 1012.206. MATURITY OF BONDS |
|
Sec. 1012.207. BONDS EXEMPT FROM TAXATION |
|
[Sections 1012.208-1012.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1012.251. IMPOSITION OF AD VALOREM TAXES |
|
Sec. 1012.252. TAX RATE |
|
Sec. 1012.253. TAX ASSESSOR-COLLECTOR |
|
[Sections 1012.254-1012.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1012.301. DISSOLUTION; ELECTION |
|
Sec. 1012.302. NOTICE OF ELECTION |
|
Sec. 1012.303. BALLOT |
|
Sec. 1012.304. ELECTION RESULTS |
|
Sec. 1012.305. TRANSFER, SALE, OR ADMINISTRATION OF |
|
ASSETS |
|
Sec. 1012.306. SALE OR TRANSFER OF ASSETS AND |
|
LIABILITIES |
|
Sec. 1012.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES |
|
Sec. 1012.308. REPORT; DISSOLUTION ORDER |
|
CHAPTER 1012. CHILDRESS COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1012.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Childress County Hospital |
|
District. (New.) |
|
Sec.1012.002.AUTHORITY FOR CREATION. The district is |
|
created under the authority of Section 9, Article IX, Texas |
|
Constitution, and has the rights, powers, and duties prescribed by |
|
this chapter. (Acts 59th Leg., R.S., Ch. 647, Sec. 1 (part).) |
|
Sec.1012.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 59th Leg., R.S., Ch. 647, Sec. 10 (part).) |
|
Sec.1012.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Childress County, |
|
Texas. (Acts 59th Leg., R.S., Ch. 647, Sec. 1 (part).) |
|
Sec. 1012.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 59th |
|
Leg., R.S., Ch. 647, Sec. 21 (part).) |
|
Sec.1012.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 59th Leg., R.S., Ch. 647, Sec. 21 (part).) |
|
[Sections 1012.007-1012.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1012.051.BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of seven directors elected from the district at |
|
large. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms, with |
|
three directors elected in even-numbered years and four directors |
|
elected in odd-numbered years; and |
|
(2) a director's election shall be held each year on |
|
the May uniform election date prescribed by Section 41.001, |
|
Election Code. (Acts 59th Leg., R.S., Ch. 647, Secs. 4(a), (b) |
|
(part).) |
|
Sec.1012.052.QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to hold office as a director, a person must be: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) An employee of the district may not serve as a director. |
|
(Acts 59th Leg., R.S., Ch. 647, Sec. 4(d).) |
|
Sec.1012.053.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors by majority vote shall |
|
appoint a director for the unexpired term. (Acts 59th Leg., R.S., |
|
Ch. 647, Sec. 4(b) (part).) |
|
Sec.1012.054.OFFICERS. (a) The board shall elect a |
|
president and vice president from among its members. |
|
(b) The board shall appoint a secretary, who need not be a |
|
director. |
|
(c) The president has the same right to vote as any other |
|
director. |
|
(d) If the president is absent or fails and declines to act, |
|
the vice president shall perform the president's duties and |
|
exercise the president's powers under this chapter. (Acts 59th |
|
Leg., R.S., Ch. 647, Sec. 4(e).) |
|
Sec.1012.055.COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in attending to district business. The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the remainder of the board. (Acts 59th |
|
Leg., R.S., Ch. 647, Sec. 4(c).) |
|
Sec.1012.056.VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 59th Leg., R.S., Ch. 647, Sec. 4(f) (part).) |
|
Sec.1012.057.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
(a) The board shall: |
|
(1) keep an account of all board meetings and |
|
proceedings; and |
|
(2) maintain at the district's principal office all |
|
district records and accounts, including all contracts, notices, |
|
duplicate vouchers, and duplicate receipts. |
|
(b) The information described by Subsection (a) shall be |
|
open to public inspection at the district's principal office at all |
|
reasonable times. (Acts 59th Leg., R.S., Ch. 647, Sec. 4(f) |
|
(part).) |
|
Sec.1012.058.INDIVIDUAL LIABILITY OF DIRECTORS. A |
|
director is individually liable only for the director's individual |
|
misapplication of public money. (Acts 59th Leg., R.S., Ch. 647, |
|
Sec. 5(a) (part).) |
|
Sec. 1012.059. CHIEF EXECUTIVE OFFICER; ASSISTANT CHIEF |
|
EXECUTIVE OFFICER. (a) The board shall appoint a qualified person |
|
to be known as the chief executive officer of the district. |
|
(b) The chief executive officer may appoint an assistant to |
|
the chief executive officer. |
|
(c) The chief executive officer is entitled to the |
|
compensation determined by the board. |
|
(d) The board may execute an employment contract with the |
|
chief executive officer for a term of not more than three years. |
|
The employment contract may be renewed or extended annually. (Acts |
|
59th Leg., R.S., Ch. 647, Sec. 5(b).) |
|
Sec.1012.060.GENERAL DUTIES OF CHIEF EXECUTIVE OFFICER. |
|
The chief executive officer shall: |
|
(1) stay informed on the latest methods of hospital |
|
administration and the care of hospital patients; and |
|
(2) subject to the limitations prescribed by the |
|
board: |
|
(A) supervise the work and activities of the |
|
district; and |
|
(B) direct the affairs of the district. (Acts |
|
59th Leg., R.S., Ch. 647, Sec. 5(c) (part).) |
|
Sec.1012.061.EMPLOYEES. The board shall authorize the |
|
chief executive officer to employ nurses, technicians, and other |
|
employees for the efficient operation of the district. (Acts 59th |
|
Leg., R.S., Ch. 647, Sec. 5(d).) |
|
Sec.1012.062.LEGAL COUNSEL; OTHER PROFESSIONAL SERVICES. |
|
The board may employ legal counsel or contract for other |
|
professional services as the board considers advisable. (Acts 59th |
|
Leg., R.S., Ch. 647, Sec. 17.) |
|
Sec.1012.063.RECRUITMENT OF MEDICAL PERSONNEL. (a) The |
|
board may spend district money to recruit physicians, nurses, and |
|
other trained medical personnel. |
|
(b) The board may pay the tuition or other expenses of a |
|
full-time medical student or other student in a health occupation |
|
who: |
|
(1) is enrolled in and is in good standing at an |
|
accredited medical school, college, or university; and |
|
(2) contractually agrees to become a district employee |
|
or independent contractor in return for that assistance. (Acts |
|
59th Leg., R.S., Ch. 647, Sec. 5(h).) |
|
Sec.1012.064.PERSONNEL CONTRACTS. (a) The board may |
|
contract to provide administrative and other personnel for the |
|
operation of the hospital facilities. |
|
(b) The term of the contract may not exceed 25 years. (Acts |
|
59th Leg., R.S., Ch. 647, Sec. 5(g) (part).) |
|
Sec.1012.065.EDUCATIONAL PROGRAMS; COURSES. The board may |
|
provide or contract for the provision of educational programs or |
|
courses for district employees and medical staff. (Acts 59th Leg., |
|
R.S., Ch. 647, Sec. 5(j).) |
|
Sec.1012.066.RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) electing to participate in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 59th Leg., R.S., Ch. |
|
647, Sec. 5(l).) |
|
[Sections 1012.067-1012.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1012.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating all hospital facilities for providing |
|
medical and hospital care to indigent persons in the district; and |
|
(2) providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 647, |
|
Secs. 2 (part), 20 (part).) |
|
Sec. 1012.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION AND DEBT. Childress County or a municipality in Childress |
|
County may not impose a tax or issue bonds or other obligations for |
|
hospital purposes or for medical treatment of indigent persons in |
|
the district. (Acts 59th Leg., R.S., Ch. 647, Sec. 20 (part).) |
|
Sec.1012.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
(a) The board shall manage, control, and administer the district's |
|
hospitals and hospital system. |
|
(b) The board may delegate to the chief executive officer |
|
the authority to manage, control, and administer the hospital, the |
|
hospital system, and the district's business, money, and resources |
|
under the board's oversight. (Acts 59th Leg., R.S., Ch. 647, Secs. |
|
5(a) (part), (c) (part).) |
|
Sec.1012.104.HOSPITAL SYSTEM. The district shall provide |
|
for the establishment of a hospital system by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and equipment; |
|
(2) equipping the buildings; and |
|
(3) administering the buildings and equipment for |
|
hospital purposes. (Acts 59th Leg., R.S., Ch. 647, Sec. 2 (part).) |
|
Sec.1012.105.RULES. The board may adopt rules for the |
|
operation of the district and as required to administer this |
|
chapter. (Acts 59th Leg., R.S., Ch. 647, Secs. 5(a) (part), 11 |
|
(part).) |
|
Sec.1012.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of the making of purchases |
|
and expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 59th |
|
Leg., R.S., Ch. 647, Sec. 11 (part).) |
|
Sec. 1012.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system. |
|
(b) The board may: |
|
(1) purchase or lease property, including facilities |
|
or equipment, for the district to use in the hospital system; and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(c) The board may lease district hospital facilities to |
|
individuals, corporations, or other legal entities. |
|
(d) The board may sell or otherwise dispose of the |
|
district's property, including facilities or equipment. (Acts 59th |
|
Leg., R.S., Ch. 647, Secs. 5(f), (g) (part), 9.) |
|
Sec.1012.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary or convenient for the |
|
district to exercise a power, right, or privilege conferred by this |
|
chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code. (Acts 59th |
|
Leg., R.S., Ch. 647, Sec. 15.) |
|
Sec.1012.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 59th Leg., R.S., Ch. 647, |
|
Sec. 19.) |
|
Sec.1012.110.CONSTRUCTION CONTRACTS. A construction |
|
contract that requires the expenditure of more than the amount |
|
provided by Section 271.024, Local Government Code, may be made |
|
only after competitive bidding as provided by Subchapter B, Chapter |
|
271, Local Government Code. (Acts 59th Leg., R.S., Ch. 647, Sec. 11 |
|
(part).) |
|
Sec. 1012.111. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries for the care |
|
and treatment of a sick or injured person of that county or |
|
municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for the treatment of a sick or injured person for whom this |
|
state or the agency is responsible. (Acts 59th Leg., R.S., Ch. 647, |
|
Sec. 5(e).) |
|
Sec.1012.112.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the chief executive officer shall have an inquiry made |
|
into the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the chief executive officer determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment in the hospital, the amount of the costs that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the chief executive officer determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the chief executive officer shall |
|
issue an order directing the patient or those relatives to pay the |
|
district a specified amount each week for the patient's support. |
|
The amount ordered must be proportionate to the person's financial |
|
ability and may not exceed the actual per capita cost of |
|
maintenance. |
|
(d) The chief executive officer may collect the amount from |
|
the patient's estate, or from a relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) The board may institute a suit to collect an amount owed |
|
to the district by a patient who has not been determined under this |
|
section to be unable to pay. |
|
(f) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the chief executive officer, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(g) A final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 59th Leg., R.S., Ch. 647, Secs. 5(k), 18.) |
|
Sec.1012.113.AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 59th Leg., R.S., Ch. |
|
647, Sec. 5(a) (part).) |
|
[Sections 1012.114-1012.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1012.151.BUDGET. The chief executive officer shall |
|
prepare an annual budget for approval by the board. (Acts 59th |
|
Leg., R.S., Ch. 647, Sec. 6 (part).) |
|
Sec.1012.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) The board shall publish notice of the hearing in |
|
accordance with Chapter 551, Government Code. |
|
(c) The board must approve the budget. (Acts 59th Leg., |
|
R.S., Ch. 647, Sec. 6 (part).) |
|
Sec.1012.153.AMENDMENT OF BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 59th Leg., R.S., Ch. 647, Sec. 6 (part).) |
|
Sec.1012.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 59th Leg., R.S., Ch. 647, Sec. 6 (part).) |
|
Sec.1012.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period that revenue bonds of the district |
|
are outstanding; or |
|
(2) more than once in a 24-month period. (Acts 59th |
|
Leg., R.S., Ch. 647, Sec. 6 (part).) |
|
Sec.1012.156.ANNUAL AUDIT. (a) The board annually shall |
|
have an audit made of the district's financial condition. |
|
(b) The audit shall be open to inspection at all times at the |
|
district's principal office. (Acts 59th Leg., R.S., Ch. 647, Sec. 6 |
|
(part).) |
|
Sec.1012.157.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the chief executive officer |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursement of that |
|
money. (Acts 59th Leg., R.S., Ch. 647, Sec. 6 (part).) |
|
Sec.1012.158.DEPOSITORY. (a) The board shall select one |
|
or more banks to serve as a depository for district money. |
|
(b) District money shall be immediately deposited on |
|
receipt with a depository bank, except that sufficient money must |
|
be remitted to the appropriate bank to pay the principal of and |
|
interest on the district's outstanding bonds or other obligations |
|
on or before the maturity date of the principal and interest. |
|
(c) To the extent that money in a depository bank is not |
|
insured by the Federal Deposit Insurance Corporation, the money |
|
must be secured in the manner provided by law for the security of |
|
county funds. |
|
(d) Membership on the district's board of an officer or |
|
director of a bank disqualifies the bank from being selected as a |
|
depository bank. (Acts 59th Leg., R.S., Ch. 647, Sec. 12.) |
|
Sec.1012.159.GENERAL AUTHORITY TO BORROW MONEY; SECURITY. |
|
(a) The board may borrow money at a rate not to exceed the maximum |
|
annual percentage rate allowed by law for district obligations at |
|
the time the loan is made. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) a district tax to be imposed by the district in the |
|
next 12-month period that is not pledged to pay the principal of or |
|
interest on district bonds; or |
|
(3) district bonds that have been authorized but not |
|
sold. |
|
(c) A loan for which taxes or bonds are pledged must mature |
|
not later than the first anniversary of the date the loan is made. A |
|
loan for which district revenue is pledged must mature not later |
|
than the fifth anniversary of the date the loan is made. (Acts 59th |
|
Leg., R.S., Ch. 647, Sec 20B.) |
|
Sec. 1012.160. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
|
SECURITY. (a) The board may borrow money at a rate not to exceed |
|
the maximum annual percentage rate allowed by law for district |
|
obligations at the time the loan is made if the board declares that: |
|
(1) money is not available to meet authorized |
|
obligations of the district; and |
|
(2) an emergency exists. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) a district tax to be imposed by the district in the |
|
next 12-month period that is not pledged to pay the principal of or |
|
interest on district bonds; or |
|
(3) district bonds that have been authorized but not |
|
sold. |
|
(c) A loan for which taxes or bonds are pledged must mature |
|
not later than the first anniversary of the date the loan is made. A |
|
loan for which district revenue is pledged must mature not later |
|
than the fifth anniversary of the date the loan is made. |
|
(d) The board may not spend money obtained from a loan under |
|
this section for any purpose other than: |
|
(1) the purpose for which the board declared an |
|
emergency; and |
|
(2) if district taxes or bonds are pledged to pay the |
|
loan, the purpose for which the pledged taxes were imposed or the |
|
pledged bonds were authorized. (Acts 59th Leg., R.S., Ch. 647, Sec. |
|
20A.) |
|
[Sections 1012.161-1012.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1012.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district, for hospital or hospital system |
|
purposes, to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements; or |
|
(3) acquire and operate a mobile emergency medical or |
|
air ambulance service. (Acts 59th Leg., R.S., Ch. 647, Sec. 7(a) |
|
(part).) |
|
Sec.1012.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued under Section |
|
1012.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund and to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not exceed the limit |
|
approved by the voters at the election authorizing the imposition |
|
of the tax. (Acts 59th Leg., R.S., Ch. 647, Sec. 7(b) (part).) |
|
Sec.1012.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) Section 41.001(a), Election Code, does not apply to a |
|
bond election ordered by the board. |
|
(c) Except as otherwise provided by this chapter, the |
|
election shall be conducted in accordance with Chapter 1251, |
|
Government Code. (Acts 59th Leg., R.S., Ch. 647, Secs. 7(a) |
|
(part), (b) (part).) |
|
Sec.1012.204.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall attest the bonds as provided |
|
by Chapter 618, Government Code. (Acts 59th Leg., R.S., Ch. 647, |
|
Sec. 7(c) (part).) |
|
Sec.1012.205.REVENUE BONDS. (a) The board may issue and |
|
sell revenue bonds in the name and on the faith and credit of the |
|
district to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospitals and the hospital |
|
system; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust on all or part of the district's property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(Acts 59th Leg., R.S., Ch. 647, Sec. 7(f).) |
|
Sec.1012.206.MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after the date of issuance. (Acts |
|
59th Leg., R.S., Ch. 647, Sec. 7(d) (part).) |
|
Sec.1012.207.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 59th |
|
Leg., R.S., Ch. 647, Sec. 10 (part).) |
|
[Sections 1012.208-1012.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1012.251.IMPOSITION OF AD VALOREM TAXES. (a) The |
|
board may impose a tax on property in the district subject to |
|
district taxation. |
|
(b) The tax may be used to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds. (Acts 59th Leg., R.S., Ch. 647, Secs. |
|
3 (part), 13 (part), 16(a) (part).) |
|
Sec.1012.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters at the |
|
election authorizing the imposition of the tax. |
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
each $100 valuation of taxable property in the district. |
|
(c) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 59th |
|
Leg., R.S., Ch. 647, Secs. 13 (part), 16(a) (part).) |
|
Sec.1012.253.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 59th Leg., R.S., Ch. 647, Sec. |
|
16(b) (part).) |
|
[Sections 1012.254-1012.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec.1012.301.DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved only on approval of a majority of the district |
|
voters voting in an election 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. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by a number of |
|
residents of the district equal to at least 15 percent of the |
|
registered voters in the district. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition 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. |
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 59th Leg., R.S., Ch. |
|
647, Secs. 21A(a), (b), (c) (part).) |
|
Sec.1012.302.NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks a substantial copy of the election |
|
order in a newspaper with general circulation in the district. |
|
(b) The first publication of the notice must appear not |
|
later than the 35th day before the date set for the election. (Acts |
|
59th Leg., R.S., Ch. 647, Sec. 21A(d) (part).) |
|
Sec.1012.303.BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Childress County Hospital |
|
District." (Acts 59th Leg., R.S., Ch. 647, Sec. 21A(d) (part).) |
|
Sec.1012.304.ELECTION RESULTS. (a) If a majority of the |
|
votes in an election under this subchapter favor dissolution, the |
|
board shall find that the district is dissolved. |
|
(b) 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 date of the most recent election |
|
to dissolve the district. (Acts 59th Leg., R.S., Ch. 647, Sec. |
|
21A(e).) |
|
Sec.1012.305.TRANSFER, SALE, OR ADMINISTRATION OF ASSETS. |
|
(a) If a majority of the votes in the election under this |
|
subchapter favor dissolution, the board shall: |
|
(1) transfer the land, buildings, improvements, |
|
equipment, and other assets that belong to the district to |
|
Childress County or another governmental entity in Childress |
|
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 board makes the transfer under Subsection (a)(1), |
|
the county or entity assumes all debts and obligations of the |
|
district at the time of the transfer, and the district is dissolved. |
|
(c) If Subsections (a)(1) and (2) do not apply and the board |
|
administers the property, assets, and debts under Subsection |
|
(a)(3), the district is dissolved when all money is disposed of and |
|
all district debts have been paid or settled. (Acts 59th Leg., |
|
R.S., Ch. 647, Secs. 21A(f), (g), (m) (part).) |
|
Sec.1012.306.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
(a) The dissolution of the district and the sale or transfer of the |
|
district's assets or liabilities to another person may not |
|
contravene a trust indenture or bond resolution relating to the |
|
district's outstanding bonds. The dissolution and sale or transfer |
|
does not diminish or impair the rights of a holder of an outstanding |
|
bond, warrant, or other obligation of the district. |
|
(b) The 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. |
|
(c) The district may not transfer or dispose of the |
|
district's assets except for due compensation unless: |
|
(1) the transfer is made to another governmental |
|
entity that serves the district; and |
|
(2) the transferred assets are to be used for the |
|
benefit of the district's residents. |
|
(d) A grant from federal funds is an obligation to be repaid |
|
in satisfaction. (Acts 59th Leg., R.S., Ch. 647, Secs. 21A(m) |
|
(part), (n).) |
|
Sec. 1012.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES. (a) After the board finds that the district is dissolved, |
|
the board shall: |
|
(1) determine the 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. |
|
(b) On the payment of all outstanding debts and obligations |
|
of the district, the board shall order the secretary to return to |
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
tax money. |
|
(c) 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. (Acts |
|
59th Leg., R.S., Ch. 647, Secs. 21A(h), (i), (j).) |
|
Sec.1012.308.REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all district debts and has disposed of all |
|
district money and other assets as prescribed by this subchapter, |
|
the board shall file a written report with the Commissioners Court |
|
of Childress County summarizing the board's actions in dissolving |
|
the district. |
|
(b) Not later than the 10th day after the date the |
|
Commissioners Court of Childress County receives the report and |
|
determines that the requirements of this subchapter have been |
|
fulfilled, the commissioners court shall enter an order dissolving |
|
the district and releasing the board from any further duty or |
|
obligation. (Acts 59th Leg., R.S., Ch. 647, Secs. 21A(k), (l).) |
|
CHAPTER 1013. CASTRO COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1013.001. DEFINITIONS |
|
Sec. 1013.002. AUTHORITY FOR OPERATION |
|
Sec. 1013.003. ESSENTIAL PUBLIC FUNCTION; POLITICAL |
|
SUBDIVISION |
|
Sec. 1013.004. DISTRICT TERRITORY |
|
Sec. 1013.005. CORRECTION OF INVALID PROCEDURES |
|
[Sections 1013.006-1013.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1013.051. BOARD ELECTION; TERM |
|
Sec. 1013.052. NOTICE OF ELECTION |
|
Sec. 1013.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1013.054. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION OF OFFICE |
|
Sec. 1013.055. BOARD VACANCY |
|
Sec. 1013.056. OFFICERS |
|
Sec. 1013.057. COMPENSATION; EXPENSES |
|
Sec. 1013.058. VOTING REQUIREMENT |
|
Sec. 1013.059. DISTRICT ADMINISTRATOR |
|
Sec. 1013.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1013.061. EMPLOYEES |
|
Sec. 1013.062. RECRUITMENT OF MEDICAL STAFF AND |
|
EMPLOYEES |
|
Sec. 1013.063. APPOINTMENT AND REMOVAL OF MEDICAL STAFF |
|
Sec. 1013.064. HEALTH CARE EDUCATIONAL PROGRAMS |
|
Sec. 1013.065. RETIREMENT BENEFITS |
|
Sec. 1013.066. LIABILITY INSURANCE; INDEMNIFICATION |
|
Sec. 1013.067. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1013.068. SEAL |
|
[Sections 1013.069-1013.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1013.101. DISTRICT RESPONSIBILITY |
|
Sec. 1013.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION |
|
Sec. 1013.103. MANAGEMENT AND CONTROL |
|
Sec. 1013.104. HOSPITAL SYSTEM |
|
Sec. 1013.105. RULES |
|
Sec. 1013.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1013.107. MOBILE EMERGENCY MEDICAL SERVICE |
|
Sec. 1013.108. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1013.109. EMINENT DOMAIN |
|
Sec. 1013.110. GIFTS AND ENDOWMENTS |
|
Sec. 1013.111. CONTRACTS FOR CARE AND TREATMENT |
|
Sec. 1013.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1013.113. PROVISION OF SERVICES OUTSIDE DISTRICT |
|
Sec. 1013.114. JOINT ADMINISTRATION OR DELIVERY OF |
|
HEALTH CARE SERVICES |
|
Sec. 1013.115. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1013.116. REIMBURSEMENT FOR SERVICES |
|
Sec. 1013.117. NONPROFIT CORPORATION |
|
Sec. 1013.118. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1013.119-1013.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1013.151. BUDGET |
|
Sec. 1013.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1013.153. FISCAL YEAR |
|
Sec. 1013.154. ANNUAL AUDIT |
|
Sec. 1013.155. DEPOSITORY OR TREASURER |
|
Sec. 1013.156. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1013.157-1013.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1013.201. GENERAL OBLIGATION BONDS |
|
Sec. 1013.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1013.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1013.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1013.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1013.206. REVENUE BONDS |
|
Sec. 1013.207. REFUNDING BONDS |
|
Sec. 1013.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1013.209-1013.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1013.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1013.252. TAX RATE |
|
Sec. 1013.253. TAX ASSESSOR-COLLECTOR |
|
[Sections 1013.254-1013.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1013.301. DISSOLUTION; ELECTION |
|
Sec. 1013.302. NOTICE OF ELECTION |
|
Sec. 1013.303. BALLOT |
|
Sec. 1013.304. ELECTION RESULTS |
|
Sec. 1013.305. TRANSFER OR ADMINISTRATION OF ASSETS |
|
Sec. 1013.306. SALE OR TRANSFER OF ASSETS AND |
|
LIABILITIES |
|
Sec. 1013.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES |
|
Sec. 1013.308. REPORT; DISSOLUTION ORDER |
|
CHAPTER 1013. CASTRO COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1013.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Castro County Hospital |
|
District. (New.) |
|
Sec.1013.002.AUTHORITY FOR OPERATION. The district |
|
operates under the authority of and has the powers and |
|
responsibilities provided by Section 11, Article IX, Texas |
|
Constitution. (Acts 57th Leg., R.S., Ch. 103, Sec. 1 (part).) |
|
Sec. 1013.003. ESSENTIAL PUBLIC FUNCTION; POLITICAL |
|
SUBDIVISION. The district is: |
|
(1) a public entity performing an essential public |
|
function; and |
|
(2) a political subdivision of this state. (Acts 57th |
|
Leg., R.S., Ch. 103, Secs. 6A(c) (part), 18 (part).) |
|
Sec.1013.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Castro County. |
|
(Acts 57th Leg., R.S., Ch. 103, Sec. 1 (part).) |
|
Sec.1013.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 57th Leg., R.S., Ch. 103, Sec. 19 (part).) |
|
[Sections 1013.006-1013.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1013.051.BOARD ELECTION; TERM. (a) The board |
|
consists of five directors elected from the district at large. |
|
(b) Directors serve staggered three-year terms. |
|
(c) An election shall be held on the uniform election date |
|
in May of each year to elect the appropriate number of directors. |
|
(Acts 57th Leg., R.S., Ch. 103, Secs. 3(a) (part), (e) (part).) |
|
Sec.1013.052.NOTICE OF ELECTION. Not earlier than the |
|
30th day or later than the 10th day before the date of an election of |
|
directors, notice of the election shall be published one time in a |
|
newspaper of general circulation in Castro County. (Acts 57th |
|
Leg., R.S., Ch. 103, Sec. 3(e) (part).) |
|
Sec.1013.053.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) a district resident; and |
|
(2) at least 21 years of age. |
|
(b) An employee or medical staff member of the district may |
|
not serve as a director. (Acts 57th Leg., R.S., Ch. 103, Sec. 3(b) |
|
(part).) |
|
Sec. 1013.054. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
bond for $1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district may pay for the directors' bonds with |
|
district money. |
|
(c) Each director's bond and constitutional oath or |
|
affirmation of office shall be deposited with the district's |
|
depository bank for safekeeping. (Acts 57th Leg., R.S., Ch. 103, |
|
Sec. 3(c) (part).) |
|
Sec.1013.055.BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of director, the remaining directors shall appoint a |
|
director for the unexpired term. |
|
(b) If the number of directors is reduced to fewer than |
|
three for any reason, the remaining directors shall immediately |
|
call a special election to fill the vacancies. If the remaining |
|
directors do not call the election, a district court, on |
|
application of a district voter or taxpayer, may order the |
|
directors to hold the election. (Acts 57th Leg., R.S., Ch. 103, |
|
Sec. 3(d) (part).) |
|
Sec.1013.056.OFFICERS. The board shall elect from among |
|
its members a president, vice president, and secretary. (Acts 57th |
|
Leg., R.S., Ch. 103, Sec. 3(d) (part).) |
|
Sec.1013.057.COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in the performance of official duties on approval of the |
|
expenses by the entire board. (Acts 57th Leg., R.S., Ch. 103, Sec. |
|
4 (part).) |
|
Sec.1013.058.VOTING REQUIREMENT. A concurrence of three |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 57th Leg., R.S., Ch. 103, Sec. 3(d) (part).) |
|
Sec.1013.059.DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and receives the compensation determined by the board. (Acts |
|
57th Leg., R.S., Ch. 103, Sec. 8(b) (part).) |
|
Sec.1013.060.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. (Acts |
|
57th Leg., R.S., Ch. 103, Sec. 8(b) (part).) |
|
Sec.1013.061.EMPLOYEES. (a) The board may employ a |
|
general manager, attorney, bookkeeper, and architect. |
|
(b) The board may employ technicians, nurses, fiscal |
|
agents, accountants, and other necessary employees. |
|
(c) The board may delegate to the district administrator the |
|
authority to hire employees under Subsection (b). (Acts 57th Leg., |
|
R.S., Ch. 103, Secs. 8(a) (part), (c) (part).) |
|
Sec.1013.062.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 district employees, including: |
|
(1) advertising and marketing; |
|
(2) paying travel, recruitment, and relocation |
|
expenses; |
|
(3) providing a loan or scholarship to a physician or a |
|
person who: |
|
(A) is currently enrolled in health care |
|
education courses at an institution of higher education; and |
|
(B) contractually agrees to become a district |
|
employee or medical staff member; and |
|
(4) providing on a rent-free basis or subsidizing the |
|
cost of office space or other facilities for a health care |
|
professional, including a physician. (Acts 57th Leg., R.S., Ch. |
|
103, Sec. 8A(j).) |
|
Sec.1013.063.APPOINTMENT AND REMOVAL OF MEDICAL STAFF. |
|
(a) The board may appoint to or remove from the medical staff any |
|
doctors as necessary for the efficient operation of the district |
|
and may make temporary appointments as necessary. |
|
(b) The board may adopt policies relating to the appointment |
|
and removal of medical staff members. (Acts 57th Leg., R.S., Ch. |
|
103, Sec. 8(d) (part).) |
|
Sec.1013.064.HEALTH CARE EDUCATIONAL PROGRAMS. The |
|
board may spend district money, enter into an agreement, or take |
|
other necessary action to conduct, participate in, or assist in |
|
providing health care educational programs for current or |
|
prospective medical staff members or employees of the district. |
|
(Acts 57th Leg., R.S., Ch. 103, Sec. 8A(k).) |
|
Sec.1013.065.RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 57th Leg., R.S., Ch. |
|
103, Sec. 8A(l).) |
|
Sec.1013.066.LIABILITY INSURANCE; INDEMNIFICATION. (a) |
|
The board may defend or indemnify an officer, director, board |
|
appointee, medical staff member, or district employee against or |
|
from a claim, expense, or liability arising from duties performed |
|
in that capacity. |
|
(b) The board may purchase liability insurance coverage or |
|
establish a self-insurance program to fund an indemnity obligation |
|
under this section. (Acts 57th Leg., R.S., Ch. 103, Sec. 4 (part).) |
|
Sec.1013.067.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
Except as provided by Section 1013.054, all district records, |
|
including books, accounts, notices, minutes, and all other matters |
|
of the district and the operation of its facilities, shall be: |
|
(1) maintained at the district office; and |
|
(2) open to public inspection at the district office |
|
at all reasonable hours. (Acts 57th Leg., R.S., Ch. 103, Sec. |
|
8(e).) |
|
Sec.1013.068.SEAL. The board may adopt a seal for the |
|
district. (Acts 57th Leg., R.S., Ch. 103, Sec. 8(a) (part).) |
|
[Sections 1013.069-1013.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1013.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy and indigent residents. (Acts 57th Leg., R.S., |
|
Ch. 103, Sec. 13 (part).) |
|
Sec. 1013.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION. Castro County or a municipality in Castro County may not |
|
impose a tax for hospital purposes. (Acts 57th Leg., R.S., Ch. 103, |
|
Sec. 13 (part).) |
|
Sec.1013.103.MANAGEMENT AND CONTROL. The management and |
|
control of the district is vested in the board. (Acts 57th Leg., |
|
R.S., Ch. 103, Sec. 4 (part).) |
|
Sec.1013.104.HOSPITAL SYSTEM. (a) The district may |
|
provide for the establishment of a hospital or hospital system to |
|
provide medical and hospital care to the district's needy |
|
residents. |
|
(b) The hospital system may include: |
|
(1) facilities and equipment for domiliciary care and |
|
treatment of sick, injured, or geriatric patients; |
|
(2) outpatient clinics; |
|
(3) convalescent home facilities; |
|
(4) physicians' offices; and |
|
(5) any other facilities or equipment the board |
|
considers necessary for hospital purposes. (Acts 57th Leg., R.S., |
|
Ch. 103, Secs. 2 (part), 8A(a) (part).) |
|
Sec.1013.105.RULES. (a) The board may adopt rules |
|
governing the operation of the district, including district |
|
facilities. |
|
(b) On approval by the board, the rules may be published in |
|
booklet form at district expense and made available to any taxpayer |
|
on request. (Acts 57th Leg., R.S., Ch. 103, Sec. 8(f).) |
|
Sec.1013.106.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
The board may prescribe the method and manner of making purchases |
|
and expenditures by and for the district. |
|
(b) The board shall prescribe: |
|
(1) all accounting and control procedures; and |
|
(2) the method of purchasing necessary supplies, |
|
materials, and equipment. (Acts 57th Leg., R.S., Ch. 103, Sec. 8(a) |
|
(part).) |
|
Sec.1013.107.MOBILE EMERGENCY MEDICAL SERVICE. The |
|
district may operate or provide for the operation of a mobile |
|
emergency medical service as part of the hospital system. (Acts |
|
57th Leg., R.S., Ch. 103, Sec. 8A(a) (part).) |
|
Sec. 1013.108. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of facilities |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The board may: |
|
(1) acquire, construct, repair, or renovate property, |
|
including facilities or equipment, for the district for use in the |
|
hospital system; and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(c) The board may lease hospital facilities for the |
|
district. |
|
(d) The board may sell or otherwise dispose of property, |
|
including facilities or equipment, for the district. |
|
(e) The district may operate any facility covered by this |
|
section or contract with any person to operate the facility. (Acts |
|
57th Leg., R.S., Ch. 103, Secs. 8A(a) (part), (b), (c), (d), (e).) |
|
Sec.1013.109.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property, real, personal, or mixed, |
|
located in district territory, if the interest is necessary or |
|
convenient for the district to exercise a right, power, privilege, |
|
or function conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 57th Leg., R.S., Ch. 103, Sec. |
|
10.) |
|
Sec.1013.110.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or provisions prescribed in writing by the |
|
donor that are not inconsistent with the proper management and |
|
objectives of the district. (Acts 57th Leg., R.S., Ch. 103, Sec. |
|
16.) |
|
Sec.1013.111.CONTRACTS FOR CARE AND TREATMENT. (a) The |
|
board may contract with a hospital, hospital authority, or |
|
political subdivision of this state located outside the district's |
|
boundaries to reimburse the district for the care and treatment of a |
|
sick or injured person of that entity. |
|
(b) The board may contract with this state or a federal |
|
agency for the state or agency to reimburse the district for the |
|
treatment of a sick or injured person. (Acts 57th Leg., R.S., Ch. |
|
103, Sec. 8A(g) (part).) |
|
Sec. 1013.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency to provide |
|
investigatory or other services related to facilities for the |
|
medical care, hospital, or welfare needs of district inhabitants. |
|
(Acts 57th Leg., R.S., Ch. 103, Sec. 8A(g) (part).) |
|
Sec.1013.113.PROVISION OF SERVICES OUTSIDE DISTRICT. |
|
Subject to board approval the district may provide primary care, |
|
emergency services, preventative medical services, and other |
|
health-related services outside the district, provided that the |
|
services serve the purpose of the district as established by this |
|
chapter. (Acts 57th Leg., R.S., Ch. 103, Sec. 8A(f).) |
|
Sec. 1013.114. JOINT ADMINISTRATION OR DELIVERY OF HEALTH |
|
CARE SERVICES. (a) To provide joint administration or delivery of |
|
health care services, the district may contract with, affiliate |
|
with, or enter into another arrangement with: |
|
(1) a managed care system; |
|
(2) a preferred provider organization; |
|
(3) a health maintenance organization; |
|
(4) another provider of an alternative health care or |
|
delivery system; or |
|
(5) a private hospital. |
|
(b) The district may spend district money to establish and |
|
maintain a partnership, corporation, or other entity involved in |
|
the delivery of health care services. (Acts 57th Leg., R.S., Ch. |
|
103, Sec. 8A(h).) |
|
Sec.1013.115.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in Castro County is admitted to a |
|
district facility, the board shall have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If an agent designated by the district to handle the |
|
inquiry determines that the patient or those relatives cannot pay |
|
all or part of the costs of the patient's care and treatment in the |
|
hospital, the amount of the costs that cannot be paid becomes a |
|
charge against the district. |
|
(c) If it is determined that the patient or those relatives |
|
are liable to pay for all or part of the costs of the patient's care |
|
and treatment, the patient or those relatives shall be ordered to |
|
pay to the district's treasurer a specified amount each week for the |
|
patient's support. The amount ordered must be proportionate to the |
|
person's financial ability and may not exceed the actual per capita |
|
cost of maintenance. |
|
(d) The district may collect the amount from the patient's |
|
estate, or from any relative who is legally liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district's designated agent, the board shall hold |
|
a hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue an appropriate order. |
|
(f) Either party to the dispute may appeal the order to the |
|
district court. (Acts 57th Leg., R.S., Ch. 103, Sec. 14.) |
|
Sec.1013.116.REIMBURSEMENT FOR SERVICES. (a) The board |
|
shall require a county, municipality, or public hospital located |
|
outside the district to reimburse the district for the district's |
|
care and treatment of a sick or injured person for whom that county, |
|
municipality, or public hospital has an obligation to provide care, |
|
as provided by Chapter 61, Health and Safety Code. |
|
(b) The board shall seek reimbursement under Article |
|
104.002, Code of Criminal Procedure, for the district's care and |
|
treatment of a person who is confined in a Castro County jail |
|
facility and is not a district resident. (Acts 57th Leg., R.S., Ch. |
|
103, Secs. 14A(a) (part), (b).) |
|
Sec.1013.117.NONPROFIT CORPORATION. (a) The district |
|
may create and sponsor a nonprofit corporation under the Business |
|
Organizations Code and may contribute money to or solicit money for |
|
the corporation. |
|
(a-1) On or before December 31, 2009, the district may |
|
create and sponsor a nonprofit corporation under the Texas |
|
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's |
|
Texas Civil Statutes) or the Business Organizations Code, as |
|
applicable, and may contribute money to or solicit money for the |
|
corporation. |
|
(b) The corporation may use money, other than money the |
|
corporation pays to the district, only to provide health care or |
|
other services the district is authorized to provide under this |
|
chapter. |
|
(c) The corporation may invest the corporation's money in |
|
any manner in which the district may invest the district's money, |
|
including investing money as authorized by Chapter 2256, Government |
|
Code. |
|
(d) The board shall establish controls to ensure that the |
|
corporation uses its money as required by this section. |
|
(e) This subsection and Subsection (a-1) expire December |
|
31, 2009. (Acts 57th Leg., R.S., Ch. 103, Sec. 8A(i).) |
|
Sec.1013.118.AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district may sue and be sued in its own |
|
name in any court of this state. (Acts 57th Leg., R.S., Ch. 103, |
|
Sec. 18 (part).) |
|
[Sections 1013.119-1013.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1013.151.BUDGET. The board annually shall require a |
|
budget to be prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 57th Leg., R.S., Ch. 103, Sec. 9(b) (part).) |
|
Sec.1013.152.PROPOSED BUDGET:NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in Castro County not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district taxpayer is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. (Acts 57th Leg., R.S., Ch. 103, Sec. 9(b) (part).) |
|
Sec.1013.153.FISCAL YEAR. The district operates on a |
|
fiscal year established by the board. (Acts 57th Leg., R.S., Ch. |
|
103, Sec. 9(a) (part).) |
|
Sec.1013.154.ANNUAL AUDIT. (a) The board annually shall |
|
have an independent audit made of the district's books and records |
|
for the fiscal year. |
|
(b) Not later than December 31 each year, the audit shall be |
|
filed: |
|
(1) with the comptroller; and |
|
(2) at the district office. (Acts 57th Leg., R.S., Ch. |
|
103, Sec. 9(a) (part).) |
|
Sec.1013.155.DEPOSITORY OR TREASURER. (a) The board by |
|
resolution shall designate a bank or banks in Castro County as the |
|
district's depository or treasurer. A designated bank serves for |
|
three years and until a successor is designated. |
|
(b) All district money shall be secured in the manner |
|
provided for securing county funds. (Acts 57th Leg., R.S., Ch. 103, |
|
Sec. 11.) |
|
Sec.1013.156.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
The board may borrow money for district purposes on district credit |
|
or secured by district revenue. The rate may not exceed the maximum |
|
annual percentage rate allowed by law for district obligations at |
|
the time the loan is made. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) a district tax to be imposed by the district in the |
|
next 12-month period that is not pledged to pay the principal of or |
|
interest on district bonds; or |
|
(3) district bonds that have been authorized but not |
|
sold. |
|
(c) A loan for which taxes or bonds are pledged must mature |
|
not later than the first anniversary of the date the loan is made. A |
|
loan for which district revenue is pledged must mature not later |
|
than the fifth anniversary of the date the loan is made. (Acts 57th |
|
Leg., R.S., Ch. 103, Secs. 6B (part), 16A.) |
|
[Sections 1013.157-1013.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1013.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 57th Leg., R.S., Ch. 103, Sec. 6(a).) |
|
Sec.1013.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1013.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of all taxable property in the |
|
district. (Acts 57th Leg., R.S., Ch. 103, Sec. 6(b) (part).) |
|
Sec.1013.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order the election on its own motion. |
|
(c) The order calling the election must specify: |
|
(1) the location of the polling places; |
|
(2) the presiding election officers; |
|
(3) the purpose of the bond issuance; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum interest rate of the bonds; and |
|
(6) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the order calling the election in a newspaper of |
|
general circulation in Castro County once a week for two |
|
consecutive weeks before the date of the election. The first |
|
publication must occur at least 14 days before the date of the |
|
election. (Acts 57th Leg., R.S., Ch. 103, Sec. 6(d) (part).) |
|
Sec.1013.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 57th Leg., R.S., Ch. 103, |
|
Sec. 6(d) (part).) |
|
Sec.1013.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
57th Leg., R.S., Ch. 103, Sec. 6(c) (part).) |
|
Sec.1013.206.REVENUE BONDS. (a) The board may issue |
|
revenue bonds in the name and on the faith and credit of the |
|
district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements for hospital |
|
purposes; or |
|
(3) acquire real property for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(Acts 57th Leg., R.S., Ch. 103, Sec. 6A(d).) |
|
Sec.1013.207.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding bonds |
|
issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bonds |
|
applied to the payment of the bonds to be refunded; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar amount of outstanding bonds and the unpaid matured interest |
|
on the bonds. (Acts 57th Leg., R.S., Ch. 103, Secs. 6(d) (part), |
|
(e) (part).) |
|
Sec.1013.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 57th |
|
Leg., R.S., Ch. 103, Sec. 6A(c) (part).) |
|
[Sections 1013.209-1013.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1013.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the annual budget, the board may impose a tax on all |
|
property in the district subject to district taxation. |
|
(b) The tax may be used to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued by the district. (Acts 57th |
|
Leg., R.S., Ch. 103, Secs. 5A(a), (b) (part), (c) (part), (d), (e), |
|
9(b) (part).) |
|
Sec.1013.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters at the |
|
election authorizing the imposition of the tax. |
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
each $100 valuation of all taxable property in the district. (Acts |
|
57th Leg., R.S., Ch. 103, Secs. 5A(b) (part), (c), 6(b) (part).) |
|
Sec.1013.253.TAX ASSESSOR-COLLECTOR. (a) The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. |
|
(b) The tax assessor-collector shall assess and collect |
|
taxes imposed by the district. (Acts 57th Leg., R.S., Ch. 103, |
|
Secs. 5A(g), 9(b) (part).) |
|
[Sections 1013.254-1013.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec.1013.301.DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved only on approval of a majority of the district |
|
voters voting in an election 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. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by a number of |
|
district residents equal to at least 15 percent of the registered |
|
voters in the district. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition 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. |
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 57th Leg., R.S., Ch. |
|
103, Secs. 21(a), (b), (c), (d) (part).) |
|
Sec.1013.302.NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks the election order in a newspaper |
|
with general circulation in the district. |
|
(b) The first publication of the notice must appear not |
|
later than the 35th day before the date set for the election. (Acts |
|
57th Leg., R.S., Ch. 103, Sec. 21(e) (part).) |
|
Sec.1013.303.BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Castro County Hospital |
|
District." (Acts 57th Leg., R.S., Ch. 103, Sec. 21(e) (part).) |
|
Sec.1013.304.ELECTION RESULTS. (a) If a majority of the |
|
votes in an election under this subchapter favor dissolution, the |
|
board shall find that the district is dissolved. |
|
(b) 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 date of the most recent election |
|
to dissolve the district. (Acts 57th Leg., R.S., Ch. 103, Sec. |
|
21(f).) |
|
Sec.1013.305.TRANSFER OR ADMINISTRATION OF ASSETS. (a) |
|
If a majority of the votes in the election held under this |
|
subchapter favor dissolution, the board shall: |
|
(1) transfer the land, buildings, improvements, |
|
equipment, and other assets that belong to the district to Castro |
|
County or another governmental agency in Castro County; or |
|
(2) 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 board makes the transfer under Subsection (a)(1), |
|
the county or agency assumes all debts and obligations of the |
|
district at the time of the transfer, and the district is dissolved. |
|
(Acts 57th Leg., R.S., Ch. 103, Secs. 21(g), (h).) |
|
Sec.1013.306.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
(a) The district may not be dissolved unless the board provides for |
|
the sale or transfer of the district's assets and liabilities to |
|
another person. |
|
(b) The dissolution of the district and the sale or transfer |
|
of the district's assets or liabilities may not contravene a trust |
|
indenture or bond resolution relating to the district's outstanding |
|
bonds. The dissolution and sale or transfer does not diminish or |
|
impair the rights of a holder of an outstanding bond, warrant, or |
|
other obligation of the district. |
|
(c) The 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 district |
|
residents, including the residents' collective property rights in |
|
the district's assets. |
|
(d) The district may not transfer or dispose of the |
|
district's assets except for due compensation unless: |
|
(1) the transfer is made to another governmental |
|
agency that serves the district; and |
|
(2) the transferred assets are to be used for the |
|
benefit of the district's residents. |
|
(e) A grant from federal funds is an obligation to be repaid |
|
in satisfaction. (Acts 57th Leg., R.S., Ch. 103, Secs. 21(n), (o).) |
|
Sec. 1013.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES. (a) After the board finds that the district is dissolved, |
|
the board shall: |
|
(1) determine the 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. |
|
(b) On the payment of all outstanding debts and obligations |
|
of the district, the board shall order the secretary to return to |
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
tax money. |
|
(c) 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. (Acts |
|
57th Leg., R.S., Ch. 103, Secs. 21(i), (j), (k).) |
|
Sec.1013.308.REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all its debts and has disposed of all its money |
|
and other assets as prescribed by this subchapter, the board shall |
|
file a written report with the Commissioners Court of Castro County |
|
summarizing the board's actions in dissolving the district. |
|
(b) Not later than the 10th day after the date the |
|
Commissioners Court of Castro County receives the report and |
|
determines that the requirements of this subchapter have been |
|
fulfilled, the commissioners court shall enter an order dissolving |
|
the district and releasing the board from any further duty or |
|
obligation. (Acts 57th Leg., R.S., Ch. 103, Secs. 21(l), (m).) |
|
CHAPTER 1014. COLLINGSWORTH COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1014.001. DEFINITIONS |
|
Sec. 1014.002. AUTHORITY FOR CREATION |
|
Sec. 1014.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1014.004. DISTRICT TERRITORY |
|
Sec. 1014.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1014.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1014.007-1014.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1014.051. BOARD ELECTION; TERM |
|
Sec. 1014.052. BALLOT PETITION |
|
Sec. 1014.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1014.054. BOARD VACANCY |
|
Sec. 1014.055. OFFICERS |
|
Sec. 1014.056. COMPENSATION; EXPENSES |
|
Sec. 1014.057. VOTING REQUIREMENT |
|
Sec. 1014.058. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1014.059. INDIVIDUAL LIABILITY OF DIRECTORS |
|
Sec. 1014.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1014.061. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1014.062. EMPLOYEES |
|
Sec. 1014.063. LEGAL COUNSEL; OTHER PROFESSIONAL |
|
SERVICES |
|
Sec. 1014.064. RETIREMENT PROGRAM |
|
[Sections 1014.065-1014.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1014.101. DISTRICT RESPONSIBILITY |
|
Sec. 1014.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION AND DEBT |
|
Sec. 1014.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1014.104. HOSPITAL SYSTEM |
|
Sec. 1014.105. RULES |
|
Sec. 1014.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1014.107. BUILDINGS |
|
Sec. 1014.108. EMINENT DOMAIN |
|
Sec. 1014.109. GIFTS AND ENDOWMENTS |
|
Sec. 1014.110. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1014.111. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1014.112. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1014.113-1014.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1014.151. BUDGET |
|
Sec. 1014.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1014.153. AMENDMENTS TO BUDGET |
|
Sec. 1014.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1014.155. FISCAL YEAR |
|
Sec. 1014.156. ANNUAL AUDIT |
|
Sec. 1014.157. FINANCIAL REPORT |
|
Sec. 1014.158. DEPOSITORY |
|
[Sections 1014.159-1014.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1014.201. GENERAL OBLIGATION BONDS |
|
Sec. 1014.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1014.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1014.204. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1014.205. REVENUE OR SPECIAL OBLIGATION BONDS |
|
Sec. 1014.206. CHARGES FOR SERVICES RENDERED |
|
Sec. 1014.207. REFUNDING BONDS |
|
Sec. 1014.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1014.209-1014.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1014.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1014.252. TAX RATE |
|
Sec. 1014.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1014. COLLINGSWORTH COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1014.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Collingsworth County |
|
Hospital District. (New.) |
|
Sec.1014.002.AUTHORITY FOR CREATION. The district is |
|
created under the authority of Section 9, Article IX, Texas |
|
Constitution, and has the rights, powers, and duties prescribed by |
|
this chapter. (Acts 60th Leg., R.S., Ch. 262, Sec. 1 (part).) |
|
Sec.1014.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 60th Leg., R.S., Ch. 262, Sec. 11 (part).) |
|
Sec.1014.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Collingsworth |
|
County, Texas. (Acts 60th Leg., R.S., Ch. 262, Sec. 1 (part).) |
|
Sec. 1014.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 60th |
|
Leg., R.S., Ch. 262, Sec. 22 (part).) |
|
Sec.1014.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 60th Leg., R.S., Ch. 262, Sec. 22 (part).) |
|
[Sections 1014.007-1014.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1014.051.BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of seven directors elected from the district at |
|
large. |
|
(b) Directors serve staggered two-year terms unless |
|
four-year terms are established under Section 285.081, Health and |
|
Safety Code. |
|
(c) The election order must state the time, place, and |
|
purpose of the election. (Acts 60th Leg., R.S., Ch. 262, Secs. 4(a) |
|
(part), (b) (part).) |
|
Sec.1014.052.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by at least 15 registered voters; and |
|
(2) filed at least 25 days before the date of the |
|
election. (Acts 60th Leg., R.S., Ch. 262, Sec. 4(b) (part).) |
|
Sec.1014.053.QUALIFICATIONS FOR OFFICE. To be eligible |
|
to hold office as a director, a person must be a resident |
|
property-owning taxpaying voter of the district. (Acts 60th Leg., |
|
R.S., Ch. 262, Sec. 4(c) (part).) |
|
Sec.1014.054.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors by majority vote shall |
|
appoint a director for the unexpired term. (Acts 60th Leg., R.S., |
|
Ch. 262, Sec. 4(b) (part).) |
|
Sec.1014.055.OFFICERS. (a) The board shall elect from |
|
among its members a president, vice president, secretary, and other |
|
officers as in the judgment of the board are necessary. |
|
(b) The president is the chief executive officer of the |
|
district and has the same right to vote as any other director. |
|
(c) If the president is absent or fails or declines to act, |
|
the vice president shall perform the president's duties and |
|
exercise the president's powers under this chapter. (Acts 60th |
|
Leg., R.S., Ch. 262, Sec. 4(c) (part).) |
|
Sec.1014.056.COMPENSATION; EXPENSES. A director serves |
|
without compensation but may receive actual expenses incurred in |
|
attending to district business on approval of the expenses by the |
|
remainder of the board. (Acts 60th Leg., R.S., Ch. 262, Sec. 4(c) |
|
(part).) |
|
Sec.1014.057.VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 60th Leg., R.S., Ch. 262, Sec. 4(d) (part).) |
|
Sec.1014.058.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
(a) The board shall: |
|
(1) keep an account of all board meetings and |
|
proceedings; and |
|
(2) maintain at the district's principal office all |
|
district records and accounts, including all contracts, notices, |
|
duplicate vouchers, and duplicate receipts. |
|
(b) The information described by Subsection (a) shall be |
|
open to public inspection at the district's principal office at all |
|
reasonable times. (Acts 60th Leg., R.S., Ch. 262, Sec. 4(d) |
|
(part).) |
|
Sec.1014.059.INDIVIDUAL LIABILITY OF DIRECTORS. A |
|
director is individually liable only for the director's individual |
|
misapplication of public money. (Acts 60th Leg., R.S., Ch. 262, |
|
Sec. 5(a) (part).) |
|
Sec. 1014.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
district administrator. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The district administrator and any assistant |
|
administrator are entitled to the compensation determined by the |
|
board. |
|
(d) The board may execute an employment contract with the |
|
district administrator or assistant administrator for a term of not |
|
more than three years. The employment contract may be renewed or |
|
extended annually. |
|
(e) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $25,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 60th Leg., R.S., Ch. 262, Sec. 5(a) (part).) |
|
Sec.1014.061.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
The district administrator shall: |
|
(1) stay informed on the latest methods of hospital |
|
administration and the care of hospital patients; and |
|
(2) subject to the limitations prescribed by the |
|
board: |
|
(A) supervise the work and activities of the |
|
district; and |
|
(B) direct the affairs of the district. (Acts |
|
60th Leg., R.S., Ch. 262, Sec. 5(a) (part).) |
|
Sec.1014.062.EMPLOYEES. The board may employ nurses, |
|
technicians, and other employees for the efficient operation of the |
|
district or may provide that the district administrator has that |
|
authority. (Acts 60th Leg., R.S., Ch. 262, Sec. 5(b) (part).) |
|
Sec.1014.063.LEGAL COUNSEL; OTHER PROFESSIONAL SERVICES. |
|
The board may employ legal counsel or contract for other |
|
professional services as the board considers advisable. (Acts 60th |
|
Leg., R.S., Ch. 262, Sec. 18.) |
|
Sec.1014.064.RETIREMENT PROGRAM. The board may contract |
|
with this state or the federal government to establish or continue a |
|
retirement program for the benefit of the district's employees. |
|
(Acts 60th Leg., R.S., Ch. 262, Sec. 5(b) (part).) |
|
[Sections 1014.065-1014.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1014.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating all hospital facilities for providing |
|
medical and hospital care of the indigent persons in the district; |
|
and |
|
(2) providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 60th Leg., R.S., Ch. 262, |
|
Secs. 2 (part), 21 (part).) |
|
Sec. 1014.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION AND DEBT. Collingsworth County or a municipality in |
|
Collingsworth County may not impose a tax or issue bonds or other |
|
obligations for hospital purposes or for medical treatment of |
|
indigent persons in the district. (Acts 60th Leg., R.S., Ch. 262, |
|
Sec. 21 (part).) |
|
Sec.1014.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the district's |
|
hospitals and hospital system. (Acts 60th Leg., R.S., Ch. 262, Sec. |
|
5(a) (part).) |
|
Sec.1014.104.HOSPITAL SYSTEM. The district shall provide |
|
for the establishment of a hospital system by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and equipment; |
|
(2) equipping the buildings; and |
|
(3) administering the buildings and equipment for |
|
hospital purposes. (Acts 60th Leg., R.S., Ch. 262, Sec. 2 (part).) |
|
Sec.1014.105.RULES. The board may adopt rules for the |
|
operation of the district and as required to administer this |
|
chapter. (Acts 60th Leg., R.S., Ch. 262, Secs. 5(a) (part), 12 |
|
(part).) |
|
Sec.1014.106.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
The board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. |
|
(b) A purchase that involves the expenditure of more than |
|
$2,000 may be made only after advertising in the manner provided by |
|
Chapter 252 and Subchapter C, Chapter 262, Local Government Code. |
|
(Acts 60th Leg., R.S., Ch. 262, Sec. 12 (part).) |
|
Sec.1014.107.BUILDINGS. The board shall determine the |
|
type, number, and location of buildings required to maintain an |
|
adequate hospital system. (Acts 60th Leg., R.S., Ch. 262, Sec. 10.) |
|
Sec.1014.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary or convenient for the |
|
district to exercise a power, right, or privilege conferred by this |
|
chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code. (Acts 60th |
|
Leg., R.S., Ch. 262, Sec. 16.) |
|
Sec.1014.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 60th Leg., R.S., Ch. 262, |
|
Sec. 20.) |
|
Sec. 1014.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries for the care |
|
and treatment of a sick or injured person of that county or |
|
municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for the treatment of a sick or injured person for whom this |
|
state or the agency is responsible. (Acts 60th Leg., R.S., Ch. 262, |
|
Sec. 5(b) (part).) |
|
Sec.1014.111.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator shall have an inquiry made |
|
into the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment in the hospital, the amount of the costs that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's support. The amount ordered must be |
|
proportionate to the person's financial ability and may not exceed |
|
the actual per capita cost of maintenance. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(f) A final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 60th Leg., R.S., Ch. 262, Sec. 19.) |
|
Sec.1014.112.AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 60th Leg., R.S., Ch. |
|
262, Sec. 5(a) (part).) |
|
[Sections 1014.113-1014.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1014.151.BUDGET. The district administrator shall |
|
prepare an annual budget for approval by the board. (Acts 60th |
|
Leg., R.S., Ch. 262, Sec. 6 (part).) |
|
Sec.1014.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) Notice of the hearing must be published one time at |
|
least 10 days before the date of the hearing. |
|
(c) The board must approve the budget. (Acts 60th Leg., |
|
R.S., Ch. 262, Sec. 6 (part).) |
|
Sec.1014.153.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 60th Leg., R.S., Ch. 262, Sec. 6 (part).) |
|
Sec.1014.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 60th Leg., R.S., Ch. 262, Sec. 6 (part).) |
|
Sec.1014.155.FISCAL YEAR. The district operates on a |
|
fiscal year that begins on October 1 and ends on September 30. |
|
(Acts 60th Leg., R.S., Ch. 262, Sec. 6 (part).) |
|
Sec.1014.156.ANNUAL AUDIT. (a) The district annually |
|
shall have an audit made of the district's financial condition. |
|
(b) The audit shall be open to inspection at all times at the |
|
district's principal office. (Acts 60th Leg., R.S., Ch. 262, Sec. 6 |
|
(part).) |
|
Sec.1014.157.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 60th Leg., R.S., Ch. 262, Sec. 6 (part).) |
|
Sec.1014.158.DEPOSITORY. (a) The board shall select one |
|
or more banks in the district to serve as a depository for district |
|
money. |
|
(b) District money shall be immediately deposited on |
|
receipt with a depository bank, except that sufficient money must |
|
be remitted to an appropriate bank to pay the principal of and |
|
interest on the district's outstanding bonds or other obligations |
|
on or before the maturity date of the principal and interest. |
|
(c) To the extent that money in a depository bank is not |
|
insured by the Federal Deposit Insurance Corporation, the money |
|
must be secured in the manner provided by law for the security of |
|
county funds. |
|
(d) Membership on the district's board of an officer or |
|
director of a bank does not disqualify the bank from being selected |
|
as a depository bank. (Acts 60th Leg., R.S., Ch. 262, Sec. 13.) |
|
[Sections 1014.159-1014.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1014.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose related to the purchase, |
|
construction, acquisition, repair, or renovation of improvements, |
|
and equipping the improvements for a hospital and the hospital |
|
system, as determined by the board. (Acts 60th Leg., R.S., Ch. 262, |
|
Sec. 7(a) (part).) |
|
Sec.1014.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1014.201, the board shall impose an ad valorem tax on all |
|
property in the district subject to district taxation at a rate |
|
sufficient to create an interest and sinking fund and to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of taxable property in the district. |
|
(Acts 60th Leg., R.S., Ch. 262, Sec. 7(a) (part).) |
|
Sec.1014.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board shall call the election. The election must be |
|
held in accordance with Chapter 1251, Government Code. |
|
(c) The bond election order must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding election officers; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum maturity of the bonds; and |
|
(6) the maximum interest rate of the bonds. (Acts 60th |
|
Leg., R.S., Ch. 262, Sec. 7(a) (part).) |
|
Sec.1014.204.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall attest the bonds as provided |
|
by Chapter 618, Government Code. (Acts 60th Leg., R.S., Ch. 262, |
|
Sec. 7(a) (part).) |
|
Sec.1014.205.REVENUE OR SPECIAL OBLIGATION BONDS. (a) |
|
The board may issue and sell revenue or special obligation bonds for |
|
the purposes provided by Section 1014.201. |
|
(b) Special obligation bonds must be payable from the |
|
revenue of the district's entire hospital system, including that |
|
portion originally acquired and all past or future extensions, |
|
additions, or replacements, excluding taxes, after deducting the |
|
cost of maintaining and operating the system. For purposes of this |
|
subsection, the cost of maintaining and operating the system: |
|
(1) may include only the items set forth and defined in |
|
the resolution authorizing the bond issuance; and |
|
(2) may not include the cost of providing medical or |
|
hospital care for the district's needy inhabitants. |
|
(c) A cost described by Subsection (b)(2) is a maintenance |
|
and operating expense for budget and tax purposes. |
|
(d) The district may issue revenue bonds without an |
|
election. |
|
(e) Revenue bonds may be additionally secured by: |
|
(1) a mortgage or deed of trust on real property; |
|
(2) a chattel mortgage on the district's personal |
|
property; or |
|
(3) both. |
|
(f) The board may issue bonds that are a junior lien on the |
|
district's net revenue or property and additional parity bonds |
|
under conditions specified in the bond resolution or trust |
|
indenture. |
|
(g) Money for the payment of not more than two years' |
|
interest on the bonds and an amount the board estimates will be |
|
required for maintenance and operating expenses during the first |
|
year of operation may be set aside out of the proceeds from the sale |
|
of the bonds. |
|
(h) A revenue bond issued by the district must contain the |
|
following provision: "The holder of the bond may not demand payment |
|
of this bond or appurtenant coupons out of money raised or to be |
|
raised by taxation." (Acts 60th Leg., R.S., Ch. 262, Secs. 8(a), |
|
(b) (part), (c).) |
|
Sec.1014.206.CHARGES FOR SERVICES RENDERED. If the board |
|
issues revenue bonds, the board shall charge and collect rates for |
|
services rendered by the hospital system that are sufficient to: |
|
(1) pay the maintenance and operating expenses |
|
described by Section 1014.205; |
|
(2) pay the principal and interest on the bonds as each |
|
becomes due; and |
|
(3) create and maintain a bond reserve fund and other |
|
funds as provided in the bond resolution or trust indenture. (Acts |
|
60th Leg., R.S., Ch. 262, Sec. 8(b) (part).) |
|
Sec.1014.207.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund any bonds issued or |
|
assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding bonds; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of the outstanding bonds. (Acts 60th |
|
Leg., R.S., Ch. 262, Secs. 7(a) (part), (b) (part).) |
|
Sec.1014.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 60th |
|
Leg., R.S., Ch. 262, Sec. 11 (part).) |
|
[Sections 1014.209-1014.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1014.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on property in the district subject to district |
|
taxation. |
|
(b) The board shall impose the tax to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. (Acts 60th Leg., R.S., Ch. 262, Secs. 3(a) (part), 14 |
|
(part).) |
|
Sec.1014.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 60th |
|
Leg., R.S., Ch. 262, Secs. 3(b) (part), 14 (part).) |
|
Sec.1014.253.TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector of Collingsworth County shall assess and |
|
collect taxes imposed by the district. (Acts 60th Leg., R.S., Ch. |
|
262, Sec. 17 (part).) |
|
CHAPTER 1015. FAIRFIELD HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1015.001. DEFINITIONS |
|
Sec. 1015.002. AUTHORITY FOR OPERATION |
|
Sec. 1015.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1015.004. DISTRICT TERRITORY |
|
Sec. 1015.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1015.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1015.007-1015.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1015.051. BOARD ELECTION; TERM |
|
Sec. 1015.052. NOTICE OF ELECTION |
|
Sec. 1015.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1015.054. BOND; RECORD OF BOND |
|
Sec. 1015.055. BOARD VACANCY |
|
Sec. 1015.056. OFFICERS |
|
Sec. 1015.057. COMPENSATION; EXPENSES |
|
Sec. 1015.058. VOTING REQUIREMENT |
|
Sec. 1015.059. DISTRICT ADMINISTRATOR |
|
Sec. 1015.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1015.061. ASSISTANT DISTRICT ADMINISTRATOR; |
|
ATTORNEY |
|
Sec. 1015.062. APPOINTMENT AND RECRUITMENT OF STAFF |
|
AND EMPLOYEES |
|
Sec. 1015.063. CONTINUING EDUCATION; RETRAINING |
|
Sec. 1015.064. RETIREMENT BENEFITS |
|
[Sections 1015.065-1015.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1015.101. DISTRICT RESPONSIBILITY |
|
Sec. 1015.102. RESTRICTION ON MUNICIPAL TAXATION AND |
|
DEBT |
|
Sec. 1015.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1015.104. RULES |
|
Sec. 1015.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1015.106. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1015.107. EMINENT DOMAIN |
|
Sec. 1015.108. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1015.109. GIFTS AND ENDOWMENTS |
|
Sec. 1015.110. CONSTRUCTION CONTRACTS |
|
Sec. 1015.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1015.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR SERVICES |
|
Sec. 1015.113. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1015.114. REIMBURSEMENT FOR SERVICES |
|
Sec. 1015.115. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1015.116-1015.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1015.151. BUDGET |
|
Sec. 1015.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1015.153. AMENDMENTS TO BUDGET |
|
Sec. 1015.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1015.155. FISCAL YEAR |
|
Sec. 1015.156. ANNUAL AUDIT |
|
Sec. 1015.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1015.158. FINANCIAL REPORT |
|
Sec. 1015.159. DEPOSITORY |
|
Sec. 1015.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
Sec. 1015.161. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1015.162-1015.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1015.201. GENERAL OBLIGATION BONDS |
|
Sec. 1015.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1015.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1015.204. REVENUE BONDS |
|
Sec. 1015.205. REFUNDING BONDS |
|
Sec. 1015.206. MATURITY OF BONDS |
|
Sec. 1015.207. EXECUTION OF BONDS |
|
Sec. 1015.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1015.209-1015.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1015.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1015.252. TAX RATE |
|
Sec. 1015.253. TAX ASSESSOR-COLLECTOR |
|
[Sections 1015.254-1015.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1015.301. DISSOLUTION; ELECTION |
|
Sec. 1015.302. NOTICE OF ELECTION |
|
Sec. 1015.303. BALLOT |
|
Sec. 1015.304. ELECTION RESULTS |
|
Sec. 1015.305. DIRECTORS IN OFFICE AFTER DISSOLUTION |
|
Sec. 1015.306. IMPOSITION OF TAX; TRANSFER OF DEBTS |
|
Sec. 1015.307. DISPOSITION OR TRANSFER OF ASSETS AND |
|
DEBTS |
|
Sec. 1015.308. SPENDING RESTRICTIONS |
|
Sec. 1015.309. REPORT; DISSOLUTION ORDER |
|
CHAPTER 1015. FAIRFIELD HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1015.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Fairfield Hospital District. |
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 1.01.) |
|
Sec.1015.002.AUTHORITY FOR OPERATION. The district |
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
Constitution, and by this chapter. (Acts 70th Leg., 2nd C.S., Ch. |
|
12, Sec. 1.02.) |
|
Sec.1015.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
a public entity performing an essential public function. (Acts |
|
70th Leg., 2nd C.S., Ch. 12, Sec. 7.11 (part).) |
|
Sec.1015.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of the Fairfield |
|
Independent School District as those boundaries existed on August |
|
3, 1987. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 1.03.) |
|
Sec. 1015.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The state may not be obligated for the support or |
|
maintenance of the district. (Acts 70th Leg., 2nd C.S., Ch. 12, |
|
Sec. 10.01 (part).) |
|
Sec.1015.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 10.01 (part).) |
|
[Sections 1015.007-1015.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1015.051.BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of seven directors elected from the district at |
|
large. |
|
(b) Directors serve staggered four-year terms. |
|
(c) An election shall be held on the uniform election day in |
|
May of each even-numbered year to elect the appropriate number of |
|
directors. (Acts 70th Leg., 2nd C.S., Ch. 12, Secs. 4.01(a), |
|
4.03(a), (c).) |
|
Sec.1015.052.NOTICE OF ELECTION. 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. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 4.04.) |
|
Sec.1015.053.QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to be a candidate for or to serve as a director, a person |
|
must be: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A district employee may not serve as a director. (Acts |
|
70th Leg., 2nd C.S., Ch. 12, Sec. 4.06.) |
|
Sec.1015.054.BOND; RECORD OF BOND. (a) Before assuming |
|
the duties of office, each director must execute a bond for $5,000 |
|
that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The board may pay for a director's bond with district |
|
money. |
|
(c) Each director's bond shall be kept in the district's |
|
permanent records. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 4.07.) |
|
Sec.1015.055.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 70th Leg., 2nd C.S., Ch. 12, |
|
Sec. 4.08.) |
|
Sec.1015.056.OFFICERS. (a) The board shall elect a |
|
president and vice president from among its members. |
|
(b) The board shall appoint a secretary, who need not be a |
|
director. |
|
(c) Each officer of the board serves for a term of one year. |
|
(d) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 70th Leg., 2nd C.S., Ch. 12, Secs. 4.09, |
|
4.10.) |
|
Sec.1015.057.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 70th Leg., 2nd C.S., |
|
Ch. 12, Sec. 4.11.) |
|
Sec.1015.058.VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors voting is necessary in any matter |
|
relating to district business. (Acts 70th Leg., 2nd C.S., Ch. 12, |
|
Sec. 4.12.) |
|
Sec.1015.059.DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to the compensation determined by the board. |
|
(c) Before assuming the duties of district administrator, |
|
the administrator must execute a bond in the amount set by the board |
|
of not less than $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
administrator's duties under this chapter. |
|
(d) The board may pay for the bond with district money. |
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Secs. 4.13(a) (part), (b) (part), |
|
(c) (part), (d).) |
|
Sec.1015.060.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. (Acts |
|
70th Leg., 2nd C.S., Ch. 12, Sec. 4.16.) |
|
Sec.1015.061.ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
(a) The board may appoint qualified persons as: |
|
(1) the assistant district administrator; and |
|
(2) the attorney for the district. |
|
(b) The assistant district administrator and the attorney |
|
for the district serve at the will of the board and are entitled to |
|
the compensation determined by the board. (Acts 70th Leg., 2nd |
|
C.S., Ch. 12, Secs. 4.13(a) (part), (b) (part), (c) (part).) |
|
Sec. 1015.062. APPOINTMENT AND RECRUITMENT OF STAFF AND |
|
EMPLOYEES. (a) The board may appoint to the staff any doctors the |
|
board considers necessary for the efficient operation of the |
|
district and may make temporary appointments as necessary. |
|
(b) The district may employ technicians, nurses, fiscal |
|
agents, accountants, architects, additional attorneys, and other |
|
necessary employees. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ persons for the district. |
|
(d) The board may spend money to recruit physicians, nurses, |
|
and other trained medical personnel. The board may pay the tuition |
|
or other costs or expenses of a full-time medical student or nursing |
|
student who: |
|
(1) is enrolled in and is in good standing at an |
|
accredited school, college, or university; and |
|
(2) contractually agrees to become a district employee |
|
in return for that assistance. (Acts 70th Leg., 2nd C.S., Ch. 12, |
|
Secs. 4.14, 4.15, 4.18(a), (b).) |
|
Sec.1015.063.CONTINUING EDUCATION; RETRAINING. The board |
|
may spend money for continuing education and retraining of |
|
employees. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 4.18(c).) |
|
Sec.1015.064.RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 70th Leg., 2nd C.S., |
|
Ch. 12, Sec. 4.17.) |
|
[Sections 1015.065-1015.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1015.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating hospital facilities; and |
|
(2) providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 70th Leg., 2nd C.S., Ch. 12, |
|
Sec. 5.02 (part).) |
|
Sec.1015.102.RESTRICTION ON MUNICIPAL TAXATION AND DEBT. |
|
The City of Fairfield may not impose a tax or issue bonds or other |
|
obligations for hospital purposes or to provide medical care for |
|
district residents. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. |
|
5.01(b).) |
|
Sec.1015.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 70th Leg., 2nd C.S., |
|
Ch. 12, Sec. 5.03.) |
|
Sec.1015.104.RULES. The board may adopt rules governing: |
|
(1) the operation of the hospital and hospital system; |
|
and |
|
(2) the duties, functions, and responsibilities of |
|
district staff and employees. (Acts 70th Leg., 2nd C.S., Ch. 12, |
|
Sec. 5.04.) |
|
Sec.1015.105.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) accounting and control procedures for the |
|
district. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 5.05.) |
|
Sec. 1015.106. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The board may: |
|
(1) acquire property, including facilities and |
|
equipment, for the district for use in the hospital system; and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(c) The board may lease hospital facilities for the |
|
district. |
|
(d) The board may sell or otherwise dispose of the property, |
|
including facilities, or equipment, for the district. (Acts 70th |
|
Leg., 2nd C.S., Ch. 12, Sec. 5.06.) |
|
Sec.1015.107.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in property located in district territory if the |
|
interest is necessary for the district to exercise a right or |
|
authority conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. |
|
5.09.) |
|
Sec.1015.108.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of any railroad, highway, pipeline, |
|
electric transmission and electric distribution, telegraph, or |
|
telephone line, conduit, pole, or facility, the district must bear |
|
the actual cost of relocating, raising, lowering, rerouting, |
|
changing the grade, or altering the construction to provide |
|
comparable replacement, without enhancement of facilities, after |
|
deducting the net salvage value derived from the old facility. |
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 5.10.) |
|
Sec.1015.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for any |
|
purpose and under any direction, limitation, or provision |
|
prescribed in writing by the donor that is consistent with the |
|
proper management of the district. (Acts 70th Leg., 2nd C.S., Ch. |
|
12, Sec. 5.14.) |
|
Sec.1015.110.CONSTRUCTION CONTRACTS. (a) The board may |
|
enter into construction contracts for the district. |
|
(b) The board may enter into a construction contract that |
|
involves the expenditure of more than the amount provided by |
|
Section 271.024, Local Government Code, only after competitive |
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
Code. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 5.07(a).) |
|
Sec.1015.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a hospital facility for the district. (Acts 70th Leg., 2nd C.S., |
|
Ch. 12, Sec. 5.08.) |
|
Sec. 1015.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
SERVICES. The board may contract with a political subdivision of |
|
this state or with a state or federal agency for the district to: |
|
(1) furnish a mobile emergency medical service; or |
|
(2) provide for the investigatory or welfare needs of |
|
district inhabitants. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. |
|
5.13.) |
|
Sec.1015.113.PAYMENT FOR TREATMENT; PROCEDURES. |
|
(a) Each year, the board may set criteria for determining |
|
residency, eligibility for a service, and the type of services |
|
available. |
|
(b) When a person who resides in the district is admitted as |
|
a patient to a district facility, the district administrator may |
|
have an inquiry made into the financial circumstances of: |
|
(1) the patient; and |
|
(2) a relative of the patient who is legally |
|
responsible for the patient's support. |
|
(c) To the extent that the patient or a relative of the |
|
patient who is legally responsible for the patient's support cannot |
|
pay for care and treatment provided by the district, the district |
|
shall supply the care and treatment without charging the patient or |
|
the patient's relative. |
|
(d) On determining that the patient or a relative legally |
|
responsible for the patient's support can pay for all or part of the |
|
care and treatment provided by the district, the district |
|
administrator shall report that determination to the board, and the |
|
board shall issue an order directing the patient or the relative to |
|
pay the district a specified amount each week. The amount must be |
|
based on the person's ability to pay. |
|
(e) The district administrator may collect the money owed to |
|
the district from the patient's estate or from that of a relative |
|
who was legally responsible for the patient's support in the manner |
|
provided by law for the collection of expenses of the last illness |
|
of a deceased person. |
|
(f) If there is a dispute relating to a person's ability to |
|
pay or if the district administrator has any doubt concerning a |
|
person's ability to pay, the board shall: |
|
(1) call witnesses; |
|
(2) hear and resolve the question; and |
|
(3) issue a final order. |
|
(g) The final order of the board may be appealed to a |
|
district court in the county in which the district is located. The |
|
substantial evidence rule applies to the appeal. (Acts 70th Leg., |
|
2nd C.S., Ch. 12, Secs. 5.11(a) (part), (b), (c), (d), (e), (f).) |
|
Sec.1015.114.REIMBURSEMENT FOR SERVICES. (a) The board |
|
shall require a county, municipality, or public hospital located |
|
outside the district to reimburse the district for the district's |
|
care and treatment of a sick or injured person of that county, |
|
municipality, or public hospital as provided by Chapter 61, Health |
|
and Safety Code. |
|
(b) The board shall require the sheriff of Freestone County |
|
or the police chief of the City of Fairfield to reimburse the |
|
district for the district's care and treatment of a person who is |
|
confined in a jail facility of Freestone County or the City of |
|
Fairfield and is not a district resident. A prisoner in the |
|
Freestone County jail or any penal or police facility located in the |
|
district does not qualify as a district resident unless the person |
|
would meet the qualifications for residency notwithstanding the |
|
incarceration, its duration, or the facts surrounding the |
|
incarceration. |
|
(c) On behalf of the district, the board may contract with |
|
the state or federal government for that government to reimburse |
|
the district for treatment of a sick or injured person. (Acts 70th |
|
Leg., 2nd C.S., Ch. 12, Sec. 5.12.) |
|
Sec.1015.115.AUTHORITY TO SUE AND BE SUED. The board may |
|
sue and be sued on behalf of the district. (Acts 70th Leg., 2nd |
|
C.S., Ch. 12, Sec. 5.15.) |
|
[Sections 1015.116-1015.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1015.151.BUDGET. (a) The district administrator |
|
shall prepare a proposed annual budget for the district. |
|
(b) The proposed budget must contain a complete financial |
|
statement, including a statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand in each district fund; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 70th Leg., |
|
2nd C.S., Ch. 12, Sec. 6.04.) |
|
Sec.1015.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) The board shall publish notice of the hearing in a |
|
newspaper with general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the |
|
taxpayers. |
|
(e) The budget is effective only after adoption by the |
|
board. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 6.05.) |
|
Sec.1015.153.AMENDMENTS TO BUDGET. After adoption, the |
|
annual budget may be amended on the board's approval. (Acts 70th |
|
Leg., 2nd C.S., Ch. 12, Sec. 6.06.) |
|
Sec.1015.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 6.07.) |
|
Sec.1015.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period that revenue bonds of the district |
|
are outstanding; or |
|
(2) more than once in a 24-month period. (Acts 70th |
|
Leg., 2nd C.S., Ch. 12, Sec. 6.01.) |
|
Sec.1015.156.ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 70th |
|
Leg., 2nd C.S., Ch. 12, Sec. 6.02.) |
|
Sec. 1015.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records shall be open |
|
to inspection during regular business hours at the district's |
|
principal office. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 6.03.) |
|
Sec.1015.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of the fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a sworn statement of the amount of district money; |
|
and |
|
(2) an account of the disbursements of that money. |
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 6.08.) |
|
Sec.1015.159.DEPOSITORY. (a) The board shall select at |
|
least one bank to serve as a depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1015.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. This subsection does not limit the power of the board to |
|
place a part of district money on time deposit or to purchase |
|
certificates of deposit. |
|
(c) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank has first executed a |
|
bond or other security in an amount sufficient to secure from loss |
|
the district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 70th Leg., 2nd C.S., Ch. 12, |
|
Sec. 6.11.) |
|
Sec.1015.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Sections 1015.110, 1015.161, |
|
1015.201, 1015.204, and 1015.205, the district may not incur a debt |
|
payable from district revenue other than the revenue on hand or to |
|
be on hand in the current and immediately following district fiscal |
|
years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. |
|
6.09.) |
|
Sec.1015.161.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
The board may borrow money at a rate not to exceed the maximum |
|
annual percentage rate allowed by law for district obligations at |
|
the time the loan is made if the board declares that money is not |
|
available to meet authorized district obligations, which creates an |
|
emergency. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) a district tax to be imposed by the district in the |
|
next 12-month period that is not pledged to pay the principal of or |
|
interest on district bonds; or |
|
(3) district bonds that have been authorized but not |
|
sold. |
|
(c) A loan for which taxes or bonds are pledged must mature |
|
not later than the first anniversary of the date the loan is made. A |
|
loan for which district revenue is pledged must mature not later |
|
than the fifth anniversary of the date the loan is made. |
|
(d) Money obtained from a loan under this section may be |
|
spent only for: |
|
(1) a purpose for which the board declared an |
|
emergency; and |
|
(2) if district taxes or bonds are pledged to pay the |
|
loan, the purpose for which the pledged taxes were imposed or the |
|
pledged bonds were authorized. (Acts 70th Leg., 2nd C.S., Ch. 12, |
|
Sec. 6.10.) |
|
[Sections 1015.162-1015.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1015.201.GENERAL OBLIGATION BONDS. If authorized by |
|
an election, the board may issue and sell general obligation bonds |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; and |
|
(2) equip buildings or improvements for hospital |
|
purposes. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 7.01.) |
|
Sec.1015.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1015.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. |
|
7.02.) |
|
Sec.1015.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of district voters voting at an election |
|
held for that purpose. |
|
(b) The board may order a bond election. |
|
(c) The order calling the election must specify: |
|
(1) the nature and date of the election; |
|
(2) the hours during which the polls will be open; |
|
(3) the location of the polling places; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. |
|
(e) The board shall declare the results of the election. |
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 7.03.) |
|
Sec.1015.204.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 7.04.) |
|
Sec.1015.205.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund an outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bonds |
|
applied to the payment of the indebtedness to be refunded; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 70th |
|
Leg., 2nd C.S., Ch. 12, Secs. 7.05(a), (c) (part).) |
|
Sec.1015.206.MATURITY OF BONDS. District bonds must |
|
mature not later than 50 years after the date of issuance. (Acts |
|
70th Leg., 2nd C.S., Ch. 12, Sec. 7.06 (part).) |
|
Sec.1015.207.EXECUTION OF BONDS. (a) The board president |
|
shall execute district bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 70th Leg., |
|
2nd C.S., Ch. 12, Sec. 7.07.) |
|
Sec.1015.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 70th |
|
Leg., 2nd C.S., Ch. 12, Sec. 7.11 (part).) |
|
[Sections 1015.209-1015.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1015.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all property in the district subject to district |
|
taxation. |
|
(b) The tax may be used to meet the requirements of: |
|
(1) district bonds; |
|
(2) indebtedness assumed by the district; and |
|
(3) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 70th |
|
Leg., 2nd C.S., Ch. 12, Secs. 8.01(a) (part), (c), (d), 8.02(b).) |
|
Sec.1015.252.TAX RATE. (a) The board may impose the tax |
|
at a rate for the initial tax year not to exceed eight cents on each |
|
$100 valuation of taxable property. |
|
(b) The tax rate for all purposes may not exceed 12 cents on |
|
each $100 valuation of all taxable property in the district. |
|
(c) In setting the tax rate, the board shall consider income |
|
of the district from sources other than taxation. |
|
(d) The board may decrease the tax rate or may elect not to |
|
impose a tax. (Acts 70th Leg., 2nd C.S., Ch. 12, Secs. 8.01(a) |
|
(part), (b), 8.03 (part).) |
|
Sec.1015.253.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. |
|
8.04(b).) |
|
[Sections 1015.254-1015.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec.1015.301.DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved only on approval of a majority of the district |
|
voters voting in an election held for that purpose. |
|
(b) The board may order that a dissolution election be held. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 10 |
|
percent of the registered voters in the district. The board shall |
|
order the election not later than the 60th day after the date the |
|
petition is presented to the district. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition 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. |
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 70th Leg., 2nd C.S., Ch. |
|
12, Secs. 9.01, 9.02, 9.03, 9.05(b).) |
|
Sec.1015.302.NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks a substantial copy of the election |
|
order in a newspaper with general circulation in the district. |
|
(b) The first publication of the notice must appear at least |
|
35 days before the date set for the election. (Acts 70th Leg., 2nd |
|
C.S., Ch. 12, Sec. 9.04.) |
|
Sec.1015.303.BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Fairfield Hospital District." |
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 9.06.) |
|
Sec.1015.304.ELECTION RESULTS. (a) If the board finds |
|
that the election results favor the proposition to dissolve the |
|
district, the board shall: |
|
(1) issue an order declaring the district be |
|
dissolved; and |
|
(2) specify in the order the date the dissolution |
|
takes effect. |
|
(b) If the board finds that the election results do not |
|
favor the proposition to dissolve the district, another dissolution |
|
election may not be held before the first anniversary of the date of |
|
the election at which the voters disapproved the proposition. |
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Secs. 9.07(b), (c).) |
|
Sec.1015.305.DIRECTORS IN OFFICE AFTER DISSOLUTION. The |
|
directors in office on the date of the dissolution shall continue in |
|
office, without further election, until: |
|
(1) the affairs of the district are effectively |
|
concluded; and |
|
(2) all duties or acts required of the board are |
|
completed. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 9.08(c).) |
|
Sec.1015.306.IMPOSITION OF TAX; TRANSFER OF DEBTS. After |
|
issuing the dissolution order, the board shall determine the debt |
|
owed by the district and shall: |
|
(1) impose on property subject to taxation in the |
|
district a tax in proportion of the debt to the property value and |
|
use the tax revenue to pay the district's bonds or satisfy other |
|
district debts; or |
|
(2) transfer the district's debts to any governmental |
|
entity assuming responsibility after dissolution of the district |
|
for providing hospital care in the territory included in the |
|
district. (Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 9.08(a).) |
|
Sec.1015.307.DISPOSITION OR TRANSFER OF ASSETS AND DEBTS. |
|
(a) The board may not dispose of or transfer the district's assets |
|
except for due compensation unless: |
|
(1) the debts are transferred to another governmental |
|
entity embracing the district; and |
|
(2) the transferred assets are used for the benefit of |
|
citizens formerly in the district. |
|
(b) If the board transfers the district's debts to another |
|
governmental entity, the board shall also transfer to that |
|
governmental entity: |
|
(1) title to land, buildings, improvements, and |
|
equipment related to the hospital system owned by the district; and |
|
(2) operating money and reserves for operating |
|
expenses and money budgeted by the district to provide medical care |
|
for district residents for the remainder of the fiscal year in which |
|
the district is dissolved. (Acts 70th Leg., 2nd C.S., Ch. 12, Secs. |
|
9.08(b), (d) (part).) |
|
Sec.1015.308.SPENDING RESTRICTIONS. After the effective |
|
date of the district's dissolution, the board may not spend any |
|
money except: |
|
(1) as authorized by law; and |
|
(2) as necessary to pay reasonable dissolution |
|
expenses and the district's legal debts incurred before that date. |
|
(Acts 70th Leg., 2nd C.S., Ch. 12, Sec. 9.08(d) (part).) |
|
Sec.1015.309.REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all district debts and has disposed of all |
|
district money and other assets as prescribed by this subchapter, |
|
the board shall file a written report with the Commissioners Court |
|
of Freestone County summarizing the board's actions in dissolving |
|
the district. The report must include a summary of the district's |
|
debts. |
|
(b) Not later than the 10th day after the date the |
|
Commissioners Court of Freestone County receives the report, the |
|
commissioners court shall: |
|
(1) determine whether the board has fulfilled the |
|
requirements of this subchapter; and |
|
(2) if the commissioners court determines the board |
|
has fulfilled its duties, enter an order to that effect. |
|
(c) On entry of an order under Subsection (b)(2), the |
|
directors are discharged from liability under their bonds. (Acts |
|
70th Leg., 2nd C.S., Ch. 12, Sec. 9.08(e).) |
|
CHAPTER 1016. CONCHO COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1016.001. DEFINITIONS |
|
Sec. 1016.002. AUTHORITY FOR OPERATION |
|
Sec. 1016.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1016.004. DISTRICT TERRITORY |
|
Sec. 1016.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1016.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1016.007. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1016.008-1016.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1016.051. BOARD ELECTION; TERM |
|
Sec. 1016.052. NOTICE OF ELECTION |
|
Sec. 1016.053. BALLOT PETITION |
|
Sec. 1016.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1016.055. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION OF OFFICE |
|
Sec. 1016.056. BOARD VACANCY |
|
Sec. 1016.057. OFFICERS |
|
Sec. 1016.058. VOTING REQUIREMENT |
|
Sec. 1016.059. MEETINGS |
|
Sec. 1016.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1016.061. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1016.062. EMPLOYEES; APPOINTMENT OF STAFF |
|
Sec. 1016.063. SENIORITY; RETIREMENT BENEFITS |
|
[Sections 1016.064-1016.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1016.101. DISTRICT RESPONSIBILITY |
|
Sec. 1016.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1016.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1016.104. HOSPITAL SYSTEM |
|
Sec. 1016.105. RULES |
|
Sec. 1016.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1016.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1016.108. EMINENT DOMAIN |
|
Sec. 1016.109. GIFTS AND ENDOWMENTS |
|
Sec. 1016.110. CONSTRUCTION OR PURCHASE CONTRACTS |
|
Sec. 1016.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1016.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR HOSPITALIZATION |
|
Sec. 1016.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1016.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1016.115. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1016.116-1016.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1016.151. BUDGET |
|
Sec. 1016.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1016.153. AMENDMENTS TO BUDGET |
|
Sec. 1016.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1016.155. FISCAL YEAR |
|
Sec. 1016.156. AUDIT |
|
Sec. 1016.157. INSPECTION OF AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1016.158. FINANCIAL REPORT |
|
Sec. 1016.159. DEPOSITORY |
|
Sec. 1016.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1016.161-1016.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1016.201. GENERAL OBLIGATION BONDS |
|
Sec. 1016.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1016.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1016.204. REVENUE BONDS |
|
Sec. 1016.205. REFUNDING BONDS |
|
Sec. 1016.206. MATURITY OF BONDS |
|
Sec. 1016.207. EXECUTION OF BONDS |
|
Sec. 1016.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1016.209-1016.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1016.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1016.252. TAX RATE |
|
CHAPTER 1016. CONCHO COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1016.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Concho County Hospital |
|
District. (New.) |
|
Sec.1016.002.AUTHORITY FOR OPERATION. The district |
|
operates in accordance with and has the rights, powers, and duties |
|
provided by Section 9, Article IX, Texas Constitution, and by this |
|
chapter. (Acts 62nd Leg., R.S., Ch. 877, Sec. 1 (part).) |
|
Sec.1016.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 62nd Leg., R.S., Ch. 877, Sec. 21 (part).) |
|
Sec.1016.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Concho County, |
|
Texas. (Acts 62nd Leg., R.S., Ch. 877, Sec. 1 (part).) |
|
Sec.1016.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 62nd Leg., R.S., Ch. 877, Sec. 23 (part).) |
|
Sec. 1016.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 62nd |
|
Leg., R.S., Ch. 877, Sec. 20 (part).) |
|
Sec.1016.007.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 62nd Leg., R.S., Ch. 877, Sec. 20 (part).) |
|
[Sections 1016.008-1016.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1016.051.BOARD ELECTION; TERM. (a) The board |
|
consists of seven directors elected as follows: |
|
(1) four directors, each of whom is a resident of a |
|
different county commissioners precinct; and |
|
(2) three directors from the district at large. |
|
(b) A district voter may vote on each of the seven |
|
directors. |
|
(c) Directors serve staggered two-year terms unless |
|
four-year terms are established under Section 285.081, Health and |
|
Safety Code. (Acts 62nd Leg., R.S., Ch. 877, Sec. 4(a) (part).) |
|
Sec.1016.052.NOTICE OF ELECTION. At least 10 days before |
|
the date of an election of directors, notice of the election shall |
|
be published one time in a newspaper of general circulation in |
|
Concho County. (Acts 62nd Leg., R.S., Ch. 877, Sec. 4(c) (part).) |
|
Sec.1016.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by at least 10 registered voters; and |
|
(2) filed at least 25 days before the date of the |
|
election. (Acts 62nd Leg., R.S., Ch. 877, Sec. 4(c) (part).) |
|
Sec.1016.054.QUALIFICATIONS FOR OFFICE. A person may not |
|
be elected or appointed as a director unless the person is: |
|
(1) a district resident; |
|
(2) a qualified voter; |
|
(3) a freeholder; and |
|
(4) at least 18 years of age when elected or appointed. |
|
(Acts 62nd Leg., R.S., Ch. 877, Sec. 4(a) (part).) |
|
Sec. 1016.055. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
bond for $1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) Each director's bond and the constitutional oath or |
|
affirmation of office shall be deposited with the district's |
|
depository bank for safekeeping. (Acts 62nd Leg., R.S., Ch. 877, |
|
Sec. 4(a) (part).) |
|
Sec.1016.056.BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of director, the remaining directors shall appoint a |
|
director for the unexpired term. |
|
(b) If the number of directors is reduced to fewer than four |
|
for any reason, the remaining directors shall immediately call a |
|
special election to fill the vacancies. If the remaining directors |
|
do not call the election, a district court, on application of a |
|
district voter or taxpayer, may order the directors to hold the |
|
election. (Acts 62nd Leg., R.S., Ch. 877, Sec. 4(b) (part).) |
|
Sec.1016.057.OFFICERS. The board shall elect a president |
|
and a secretary from among its members. (Acts 62nd Leg., R.S., Ch. |
|
877, Sec. 4(b) (part).) |
|
Sec.1016.058.VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 62nd Leg., R.S., Ch. 877, Sec. 4(b) (part).) |
|
Sec.1016.059.MEETINGS. (a) A board meeting may be called |
|
by the president or any four directors. |
|
(b) Notice of the time and place of a board meeting must be |
|
given to each director at least 72 hours before the time of the |
|
meeting. (Acts 62nd Leg., R.S., Ch. 877, Sec. 4(b) (part).) |
|
Sec. 1016.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board may appoint a qualified person as |
|
district administrator. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The district administrator and any assistant |
|
administrator serve at the will of the board and are entitled to the |
|
compensation determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 62nd Leg., R.S., Ch. 877, Sec. 6 (part).) |
|
Sec.1016.061.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 62nd |
|
Leg., R.S., Ch. 877, Sec. 6 (part).) |
|
Sec.1016.062.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as necessary. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to hire district employees, including technicians and |
|
nurses. (Acts 62nd Leg., R.S., Ch. 877, Secs. 6 (part), 16.) |
|
Sec.1016.063.SENIORITY; RETIREMENT BENEFITS. The board |
|
may: |
|
(1) adopt rules related to the seniority of district |
|
employees, including rules for a retirement plan based on |
|
seniority; and |
|
(2) give effect to previous years of service for |
|
district employees continuously employed in the operation or |
|
management of hospital facilities: |
|
(A) constructed by the district; or |
|
(B) acquired by the district, including |
|
facilities acquired when the district was created. (Acts 62nd |
|
Leg., R.S., Ch. 877, Sec. 6 (part).) |
|
[Sections 1016.064-1016.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1016.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing hospital care for the district's |
|
indigent residents. (Acts 62nd Leg., R.S., Ch. 877, Sec. 19 |
|
(part).) |
|
Sec. 1016.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located within the |
|
district may not impose a tax or issue bonds or other obligations |
|
for hospital purposes or to provide medical care. (Acts 62nd Leg., |
|
R.S., Ch. 877, Sec. 19 (part).) |
|
Sec.1016.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 62nd Leg., R.S., Ch. |
|
877, Sec. 6 (part).) |
|
Sec.1016.104.HOSPITAL SYSTEM. (a) The district shall |
|
provide for the establishment of a hospital system by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and equipment; |
|
(2) equipping the buildings; and |
|
(3) administering the buildings and equipment for |
|
hospital purposes. |
|
(b) The hospital system may include: |
|
(1) facilities for domiciliary care of the sick, |
|
injured, or geriatric; |
|
(2) facilities for outpatient clinics; |
|
(3) dispensaries; |
|
(4) convalescent home facilities; |
|
(5) necessary nurses' domiciliaries and training |
|
centers; |
|
(6) blood banks; |
|
(7) research centers or laboratories; and |
|
(8) any other facilities the board considers necessary |
|
for hospital care. (Acts 62nd Leg., R.S., Ch. 877, Secs. 2 (part), |
|
10 (part).) |
|
Sec.1016.105.RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 62nd Leg., R.S., Ch. 877, |
|
Sec. 6 (part).) |
|
Sec.1016.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 62nd |
|
Leg., R.S., Ch. 877, Sec. 11 (part).) |
|
Sec. 1016.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system. |
|
(b) The board may lease all or part of the district's |
|
buildings and other facilities on terms considered to be in the best |
|
interest of the district's inhabitants. The term of the lease may |
|
not exceed 25 years. |
|
(c) The district may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the property as |
|
security for the payment of the purchase price. A contract entered |
|
into under this subsection must provide that the entire obligation |
|
be retired not later than the fifth anniversary of the date of the |
|
contract. |
|
(d) The district may sell or otherwise dispose of any |
|
property, including equipment, on terms the board finds are in the |
|
best interest of the district's inhabitants. The board may not sell |
|
or dispose of any real property unless the board affirmatively |
|
finds that the property is not needed for the operation of the |
|
hospital system. (Acts 62nd Leg., R.S., Ch. 877, Secs. 10 (part), |
|
11 (part).) |
|
Sec.1016.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary for the district to exercise |
|
a power, right, or privilege conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 62nd Leg., R.S., Ch. 877, Sec. |
|
15.) |
|
Sec.1016.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 62nd Leg., R.S., Ch. 877, |
|
Sec. 18 (part).) |
|
Sec.1016.110.CONSTRUCTION OR PURCHASE CONTRACTS. A |
|
construction or purchase contract that involves the expenditure of |
|
more than $2,000 may be made only after advertising in the manner |
|
provided by Chapter 252 and Subchapter C, Chapter 262, Local |
|
Government Code. (Acts 62nd Leg., R.S., Ch. 877, Sec. 11 (part).) |
|
Sec.1016.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 62nd Leg., R.S., Ch. 877, Sec. 10 |
|
(part).) |
|
Sec. 1016.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
HOSPITALIZATION. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries for the |
|
hospitalization of a sick or injured person of that county or |
|
municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for the hospitalization of a sick or injured person. (Acts |
|
62nd Leg., R.S., Ch. 877, Sec. 6 (part).) |
|
Sec. 1016.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district to |
|
provide investigatory and other services as to the hospital or |
|
welfare needs of district inhabitants. (Acts 62nd Leg., R.S., Ch. |
|
877, Sec. 6 (part).) |
|
Sec.1016.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment in the hospital, the amount of the costs that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(f) The final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 62nd Leg., R.S., Ch. 877, Sec. 17.) |
|
Sec.1016.115.AUTHORITY TO SUE AND BE SUED. (a) The |
|
district, through the board, may sue and be sued. |
|
(b) The district is entitled to all causes of action and |
|
defenses to which similar authorities performing only governmental |
|
functions are entitled. (Acts 62nd Leg., R.S., Ch. 877, Sec. 6 |
|
(part).) |
|
[Sections 1016.116-1016.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1016.151.BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand in each district fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the proposed budget; |
|
(7) the estimated tax rate required; and |
|
(8) the proposed expenditures and disbursements and |
|
the estimated receipts and collections for the following fiscal |
|
year. (Acts 62nd Leg., R.S., Ch. 877, Sec. 7 (part).) |
|
Sec.1016.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) At least 10 days before the date of the hearing, notice |
|
of the hearing shall be published one time in a newspaper or |
|
newspapers that individually or collectively have general |
|
circulation in the district. |
|
(c) Any property taxpayer of the district is entitled to be |
|
present and participate at the hearing in accordance with the rules |
|
of decorum and procedures prescribed by the board. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interest of the taxpayers |
|
and that the law warrants. (Acts 62nd Leg., R.S., Ch. 877, Sec. 7 |
|
(part).) |
|
Sec.1016.153.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 62nd Leg., R.S., Ch. 877, Sec. 7 (part).) |
|
Sec.1016.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 62nd Leg., R.S., Ch. 877, Sec. 7 (part).) |
|
Sec.1016.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed more than once in a |
|
24-month period. (Acts 62nd Leg., R.S., Ch. 877, Sec. 7 (part).) |
|
Sec.1016.156.AUDIT. (a) The board shall have an |
|
independent audit made of the district's financial condition for |
|
the fiscal year. |
|
(b) As soon as the audit is completed, the audit shall be |
|
filed at the district's office. (Acts 62nd Leg., R.S., Ch. 877, |
|
Sec. 7 (part).) |
|
Sec.1016.157.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
The audit and other district records shall be open to inspection at |
|
the district's principal office. (Acts 62nd Leg., R.S., Ch. 877, |
|
Sec. 7 (part).) |
|
Sec.1016.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 62nd Leg., R.S., Ch. 877, Sec. 7 (part).) |
|
Sec.1016.159.DEPOSITORY. (a) The board shall select one |
|
or more banks inside or outside the district to serve as a |
|
depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1016.160(b), and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to place a part of district money on time |
|
deposit or to purchase certificates of deposit. (Acts 62nd Leg., |
|
R.S., Ch. 877, Sec. 12.) |
|
Sec.1016.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Section 1016.107(c), this |
|
subchapter, and Subchapter E, the district may not incur an |
|
obligation payable from district revenue other than the revenue on |
|
hand or to be on hand in the current and following district fiscal |
|
years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 62nd Leg., R.S., Ch. 877, Secs. 6 |
|
(part), 11 (part).) |
|
[Sections 1016.161-1016.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1016.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 62nd Leg., R.S., Ch. 877, Sec. 8 (part).) |
|
Sec.1016.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1016.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
tax rate approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 62nd Leg., R.S., Ch. 877, Sec. 8 |
|
(part).) |
|
Sec.1016.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The order calling the election shall provide for clerks |
|
as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum maturity of the bonds; and |
|
(6) the maximum interest rate of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. (Acts 62nd Leg., R.S., Ch. 877, |
|
Sec. 8 (part).) |
|
Sec.1016.204.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
62nd Leg., R.S., Ch. 877, Sec. 9(b) (part).) |
|
Sec.1016.205.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) Refunding bonds may be: |
|
(1) sold, with the proceeds of the refunding bonds |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 62nd |
|
Leg., R.S., Ch. 877, Secs. 9(a) (part), (b) (part).) |
|
Sec.1016.206.MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after the date of issuance. (Acts |
|
62nd Leg., R.S., Ch. 877, Sec. 9(c) (part).) |
|
Sec.1016.207.EXECUTION OF BONDS. (a) The board president |
|
shall execute the district's bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 62nd Leg., |
|
R.S., Ch. 877, Sec. 9(c) (part).) |
|
Sec.1016.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 62nd |
|
Leg., R.S., Ch. 877, Sec. 21 (part).) |
|
[Sections 1016.209-1016.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1016.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds or other obligations issued or assumed by the district for |
|
hospital purposes; |
|
(2) pay indebtedness incurred or assumed by the |
|
district; |
|
(3) provide for the operation and maintenance of the |
|
district and the hospital or hospital system; |
|
(4) make improvements and additions to the hospital |
|
system; and |
|
(5) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 62nd Leg., R.S., Ch. 877, |
|
Secs. 5 (part), 13 (part).) |
|
Sec.1016.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of all |
|
taxable property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 62nd |
|
Leg., R.S., Ch. 877, Secs. 5 (part), 13 (part).) |
|
CHAPTER 1017. CULBERSON COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1017.001. DEFINITIONS |
|
Sec. 1017.002. AUTHORITY FOR OPERATION |
|
Sec. 1017.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1017.004. DISTRICT TERRITORY |
|
Sec. 1017.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1017.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1017.007-1017.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1017.051. BOARD ELECTION; TERM |
|
Sec. 1017.052. NOTICE OF ELECTION |
|
Sec. 1017.053. BALLOT PETITION |
|
Sec. 1017.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1017.055. BOND; RECORD OF BOND |
|
Sec. 1017.056. BOARD VACANCY |
|
Sec. 1017.057. OFFICERS |
|
Sec. 1017.058. COMPENSATION; EXPENSES |
|
Sec. 1017.059. VOTING REQUIREMENT |
|
Sec. 1017.060. DISTRICT ADMINISTRATOR |
|
Sec. 1017.061. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1017.062. ASSISTANT DISTRICT ADMINISTRATOR; |
|
ATTORNEY |
|
Sec. 1017.063. APPOINTMENTS AND RECRUITMENT OF STAFF |
|
AND EMPLOYEES |
|
Sec. 1017.064. RETIREMENT BENEFITS |
|
[Sections 1017.065-1017.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1017.101. DISTRICT RESPONSIBILITY |
|
Sec. 1017.102. RESTRICTION ON CULBERSON COUNTY |
|
TAXATION AND DEBT |
|
Sec. 1017.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1017.104. RULES |
|
Sec. 1017.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1017.106. MOBILE EMERGENCY MEDICAL SERVICE |
|
Sec. 1017.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1017.108. EMINENT DOMAIN |
|
Sec. 1017.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1017.110. GIFTS AND ENDOWMENTS |
|
Sec. 1017.111. CONSTRUCTION CONTRACTS |
|
Sec. 1017.112. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1017.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR SERVICES |
|
Sec. 1017.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1017.115. REIMBURSEMENT FOR SERVICE |
|
Sec. 1017.116. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1017.117-1017.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCE PROVISIONS |
|
Sec. 1017.151. BUDGET |
|
Sec. 1017.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1017.153. AMENDMENTS TO BUDGET |
|
Sec. 1017.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1017.155. FISCAL YEAR |
|
Sec. 1017.156. ANNUAL AUDIT |
|
Sec. 1017.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1017.158. FINANCIAL REPORT |
|
Sec. 1017.159. DEPOSITORY |
|
Sec. 1017.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
Sec. 1017.161. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1017.162-1017.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1017.201. GENERAL OBLIGATION BONDS |
|
Sec. 1017.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1017.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1017.204. REVENUE BONDS |
|
Sec. 1017.205. REFUNDING BONDS |
|
Sec. 1017.206. MATURITY OF BONDS |
|
Sec. 1017.207. EXECUTION OF BONDS |
|
Sec. 1017.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1017.209-1017.250 reserved for expansion] |
|
SUBCHAPTER F. AD VALOREM TAX |
|
Sec. 1017.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1017.252. TAX RATE |
|
Sec. 1017.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1017. CULBERSON COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1017.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Culberson County Hospital |
|
District. (Acts 69th Leg., R.S., Ch. 515, Sec. 1.01.) |
|
Sec.1017.002.AUTHORITY FOR OPERATION. The district |
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
Constitution, and by this chapter. (Acts 69th Leg., R.S., Ch. 515, |
|
Sec. 1.02.) |
|
Sec.1017.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
a public entity performing an essential public function. (Acts |
|
69th Leg., R.S., Ch. 515, Sec. 7.11 (part).) |
|
Sec.1017.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Culberson County, |
|
Texas. (Acts 69th Leg., R.S., Ch. 515, Sec. 1.03.) |
|
Sec. 1017.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The state may not become obligated for the support or |
|
maintenance of the district. (Acts 69th Leg., R.S., Ch. 515, Sec. |
|
9.01 (part).) |
|
Sec.1017.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 69th Leg., R.S., Ch. 515, Sec. 9.01 (part).) |
|
[Sections 1017.007-1017.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1017.051.BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of five directors elected from the district at |
|
large. |
|
(b) Directors serve staggered two-year terms unless |
|
four-year terms are established under Section 285.081, Health and |
|
Safety Code. (Acts 69th Leg., R.S., Ch. 515, Secs. 4.01(a), |
|
4.03(a), (c).) |
|
Sec.1017.052.NOTICE OF ELECTION. 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. (Acts 69th Leg., R.S., Ch. 515, Sec. 4.04.) |
|
Sec.1017.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by at least one registered voter of the |
|
district as determined by the most recent official list of |
|
registered voters; and |
|
(2) filed not later than the 31st day before the date |
|
of the election. (Acts 69th Leg., R.S., Ch. 515, Sec. 4.05.) |
|
Sec.1017.054.QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to be a candidate for or to serve as a director, a person |
|
must be: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A district employee may not serve as a director. (Acts |
|
69th Leg., R.S., Ch. 515, Sec. 4.06.) |
|
Sec.1017.055.BOND; RECORD OF BOND. (a) Before assuming |
|
the duties of office, each director must execute a bond for $5,000 |
|
that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The board may pay for a director's bond with district |
|
money. |
|
(c) The bond shall be kept in the permanent records of the |
|
district. (Acts 69th Leg., R.S., Ch. 515, Sec. 4.07.) |
|
Sec.1017.056.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 69th Leg., R.S., Ch. 515, |
|
Sec. 4.08.) |
|
Sec.1017.057.OFFICERS. (a) The board shall elect a |
|
president and a vice president from among its members. |
|
(b) The board shall appoint a secretary, who need not be a |
|
director. |
|
(c) Each officer of the board serves for a term of one year. |
|
(d) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 69th Leg., R.S., Ch. 515, Secs. 4.09, 4.10.) |
|
Sec.1017.058.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 69th Leg., R.S., Ch. |
|
515, Sec. 4.11.) |
|
Sec.1017.059.VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors voting is necessary in any matter |
|
relating to district business. (Acts 69th Leg., R.S., Ch. 515, Sec. |
|
4.12.) |
|
Sec.1017.060.DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to the compensation determined by the board. |
|
(c) Before assuming the duties of district administrator, |
|
the administrator must execute a bond in the amount set by the board |
|
of not less than $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
administrator's duties under this chapter. |
|
(d) The board may pay for the bond with district money. |
|
(Acts 69th Leg., R.S., Ch. 515, Secs. 4.13(a) (part), (b) (part), |
|
(c) (part), (d).) |
|
Sec.1017.061.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. (Acts |
|
69th Leg., R.S., Ch. 515, Sec. 4.17.) |
|
Sec.1017.062.ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
(a) The board may appoint qualified persons as: |
|
(1) the assistant district administrator; and |
|
(2) the attorney for the district. |
|
(b) The assistant district administrator and the attorney |
|
for the district serve at the will of the board and are entitled to |
|
the compensation determined by the board. (Acts 69th Leg., R.S., |
|
Ch. 515, Secs. 4.13(a) (part), (b) (part), (c) (part).) |
|
Sec. 1017.063. APPOINTMENTS AND RECRUITMENT OF STAFF AND |
|
EMPLOYEES. (a) The board may appoint to the staff any doctors the |
|
board considers necessary for the efficient operation of the |
|
district and may make temporary appointments as necessary. |
|
(b) The district may employ technicians, nurses, fiscal |
|
agents, accountants, architects, additional attorneys, and other |
|
necessary employees. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ persons for the district. |
|
(d) The board may spend money to recruit physicians, nurses, |
|
or other trained medical personnel. The board may pay the tuition or |
|
other costs or expenses of a full-time medical student or nursing |
|
student who: |
|
(1) is enrolled in and is in good standing at an |
|
accredited school, college, or university; and |
|
(2) contractually agrees to become a district employee |
|
in return for that assistance. (Acts 69th Leg., R.S., Ch. 515, |
|
Secs. 4.14, 4.15, 4.16.) |
|
Sec.1017.064.RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 69th Leg., R.S., Ch. |
|
515, Sec. 4.18.) |
|
[Sections 1017.065-1017.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1017.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating hospital facilities; and |
|
(2) providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 69th Leg., R.S., Ch. 515, Sec. |
|
5.02 (part).) |
|
Sec. 1017.102. RESTRICTION ON CULBERSON COUNTY TAXATION AND |
|
DEBT. Culberson County may not impose a tax or issue bonds or other |
|
obligations for hospital purposes or to provide medical care for |
|
district residents. (Acts 69th Leg., R.S., Ch. 515, Sec. 5.01(b).) |
|
Sec.1017.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 69th Leg., R.S., Ch. |
|
515, Sec. 5.03.) |
|
Sec.1017.104.RULES. The board may adopt rules governing: |
|
(1) the operation of the hospital and hospital system; |
|
and |
|
(2) the duties, functions, and responsibilities of |
|
district staff and employees. (Acts 69th Leg., R.S., Ch. 515, Sec. |
|
5.04.) |
|
Sec.1017.105.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) accounting and control procedures for the |
|
district. (Acts 69th Leg., R.S., Ch. 515, Sec. 5.05.) |
|
Sec.1017.106.MOBILE EMERGENCY MEDICAL SERVICE. The |
|
district may operate or provide for the operation of a mobile |
|
emergency medical service. (Acts 69th Leg., R.S., Ch. 515, Sec. |
|
5.02 (part).) |
|
Sec. 1017.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system and the type of equipment necessary for hospital care. The |
|
hospital system may include facilities and equipment to provide for |
|
domiciliary care and treatment of geriatric patients. |
|
(b) The board may: |
|
(1) lease or acquire property, including facilities |
|
and equipment, for the use of the district; and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(c) The board may sell, lease, or otherwise dispose of |
|
property, including facilities or equipment, for the district. |
|
Sale or other disposal under this subsection must be at a public |
|
sale and at a price and on the terms the board determines are most |
|
advantageous to the district. |
|
(d) The board may donate to another governmental entity or |
|
to a charitable organization any surplus personal property or |
|
equipment if the donation serves a public purpose and is |
|
accompanied by adequate consideration. (Acts 69th Leg., R.S., Ch. |
|
515, Sec. 5.06.) |
|
Sec.1017.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in property located in district territory if the |
|
property interest is necessary to exercise a right or authority |
|
conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit money in the trial court or |
|
execute a bond as provided by Section 21.021(a)(2) or (3), Property |
|
Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 69th Leg., R.S., Ch. 515, Sec. |
|
5.09.) |
|
Sec.1017.109.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of any railroad, highway, pipeline, or |
|
electric transmission, telegraph, or telephone line, conduit, |
|
pole, or facility, the district must bear the actual cost of |
|
relocating, raising, lowering, rerouting, changing the grade, or |
|
altering the construction to provide comparable replacement |
|
without enhancement of facilities, after deducting the net salvage |
|
value derived from the old facility. (Acts 69th Leg., R.S., Ch. |
|
515, Sec. 5.10.) |
|
Sec.1017.110.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for any |
|
purpose and under any direction, limitation, or other provision |
|
prescribed in writing by the donor that is consistent with the |
|
proper management of the district. (Acts 69th Leg., R.S., Ch. 515, |
|
Sec. 5.14.) |
|
Sec.1017.111.CONSTRUCTION CONTRACTS. (a) The board may |
|
enter into construction contracts for the district. |
|
(b) The board may enter into a construction contract that |
|
involves the expenditure of more than the amount provided by |
|
Section 271.024, Local Government Code, only after competitive |
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
Code. (Acts 69th Leg., R.S., Ch. 515, Sec. 5.07(a).) |
|
Sec.1017.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a hospital facility for the district. (Acts 69th Leg., R.S., Ch. |
|
515, Sec. 5.08.) |
|
Sec. 1017.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
SERVICES. The board may contract with a political subdivision of |
|
the state or with a state or federal agency for the district to: |
|
(1) furnish a mobile emergency medical service; or |
|
(2) provide for the investigatory or welfare needs of |
|
district inhabitants. (Acts 69th Leg., R.S., Ch. 515, Sec. 5.13.) |
|
Sec.1017.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a person who resides in the district is admitted as a patient |
|
to a district facility, the district administrator may have an |
|
inquiry made into the financial circumstances of: |
|
(1) the patient; and |
|
(2) a relative of the patient who is legally |
|
responsible for the patient's support. |
|
(b) To the extent that a patient or a relative of the patient |
|
legally responsible for the patient's support cannot pay for care |
|
and treatment provided by the district, the district shall supply |
|
the care and treatment without charging the patient or the |
|
patient's relative. |
|
(c) On determining that the patient or a relative legally |
|
responsible for the patient's support can pay for all or any part of |
|
the care and treatment provided by the district, the district |
|
administrator shall report that determination to the board, and the |
|
board shall issue an order directing the patient or the relative to |
|
pay the district a specified amount each week. The amount must be |
|
based on the person's ability to pay. |
|
(d) The district administrator may collect the amount owed |
|
to the district from the patient's estate or from that of a relative |
|
who was legally responsible for the patient's support in the manner |
|
provided by law for collection of expenses in the last illness of a |
|
deceased person. |
|
(e) If there is a dispute relating to a person's ability to |
|
pay or if the district administrator has any doubt concerning a |
|
person's ability to pay, the board shall: |
|
(1) call witnesses; |
|
(2) hear and resolve the question; and |
|
(3) issue a final order. |
|
(f) The final order of the board may be appealed to a |
|
district court in Culberson County. The substantial evidence rule |
|
applies to the appeal. (Acts 69th Leg., R.S., Ch. 515, Sec. 5.11.) |
|
Sec.1017.115.REIMBURSEMENT FOR SERVICE. (a) The board |
|
shall require a county or municipality located outside the district |
|
to reimburse the district for the district's care and treatment of a |
|
sick or injured person of that county or municipality. |
|
(b) The board shall require the sheriff of Culberson County |
|
to reimburse the district for the district's care and treatment of a |
|
person who is confined in a jail facility of Culberson County and is |
|
not a district resident. |
|
(c) On behalf of the district, the board may contract with |
|
the state or federal government for that government to reimburse |
|
the district for treatment of a sick or injured person. (Acts 69th |
|
Leg., R.S., Ch. 515, Sec. 5.12.) |
|
Sec.1017.116.AUTHORITY TO SUE AND BE SUED. The board may |
|
sue and be sued on behalf of the district. (Acts 69th Leg., R.S., |
|
Ch. 515, Sec. 5.15.) |
|
[Sections 1017.117-1017.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCE PROVISIONS |
|
Sec.1017.151.BUDGET. (a) The district administrator |
|
shall prepare a proposed annual budget for the district. |
|
(b) The proposed budget must contain a complete financial |
|
statement, including a statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand in each district fund; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 69th Leg., |
|
R.S., Ch. 515, Sec. 6.04.) |
|
Sec.1017.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) The board shall publish notice of the hearing in a |
|
newspaper with general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board determines to be in the interests of the |
|
taxpayers. |
|
(e) The budget is effective only after adoption by the |
|
board. (Acts 69th Leg., R.S., Ch. 515, Sec. 6.05.) |
|
Sec.1017.153.AMENDMENTS TO BUDGET. After adoption, the |
|
annual budget may be amended on the board's approval. (Acts 69th |
|
Leg., R.S., Ch. 515, Sec. 6.06.) |
|
Sec.1017.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 69th Leg., R.S., Ch. 515, Sec. 6.07.) |
|
Sec.1017.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period that revenue bonds of the district |
|
are outstanding; or |
|
(2) more than once in a 24-month period. (Acts 69th |
|
Leg., R.S., Ch. 515, Sec. 6.01.) |
|
Sec.1017.156.ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 69th |
|
Leg., R.S., Ch. 515, Sec. 6.02.) |
|
Sec. 1017.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records shall be open |
|
to inspection during regular business hours at the district's |
|
principal office. (Acts 69th Leg., R.S., Ch. 515, Sec. 6.03.) |
|
Sec.1017.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of the fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a sworn statement of the amount of district money; |
|
and |
|
(2) an account of the disbursements of that money. |
|
(Acts 69th Leg., R.S., Ch. 515, Sec. 6.08.) |
|
Sec.1017.159.DEPOSITORY. (a) The board shall select at |
|
least one bank to serve as a depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1017.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. This subsection does not limit the power of the board to |
|
place a part of district money on time deposit or to purchase |
|
certificates of deposit. |
|
(c) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or other security in an amount sufficient to secure from loss the |
|
district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 69th Leg., R.S., Ch. 515, |
|
Sec. 6.10.) |
|
Sec.1017.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as provided by this section and Sections 1017.063(d), |
|
1017.111, 1017.201, 1017.204, and 1017.205, the district may not |
|
incur a debt payable from district revenue other than the revenue on |
|
hand or to be on hand in the current and immediately following |
|
district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 69th Leg., R.S., Ch. 515, Secs. |
|
6.09(a), (b).) |
|
Sec.1017.161.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
The board may borrow money at a rate of not more than 10 percent a |
|
year on district notes to pay the obligations if the board declares |
|
that money is not available to meet authorized district |
|
obligations, which creates an emergency. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) a district tax to be imposed by the district in the |
|
next 12-month period that is not pledged to pay the principal of or |
|
interest on district bonds; or |
|
(3) district bonds that have been authorized but not |
|
sold. |
|
(c) A loan for which taxes or bonds are pledged must mature |
|
not later than the first anniversary of the date the loan is made. A |
|
loan for which district revenue is pledged must mature not later |
|
than the fifth anniversary of the date the loan is made. |
|
(d) Money obtained from a loan under this section may be |
|
spent only for: |
|
(1) a purpose for which the board declared an |
|
emergency; and |
|
(2) if district taxes or bonds are pledged to pay the |
|
loan, the purposes for which the taxes were imposed or the bonds |
|
were authorized. (Acts 69th Leg., R.S., Ch. 515, Sec. 6.09(c).) |
|
[Sections 1017.162-1017.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1017.201.GENERAL OBLIGATION BONDS. If authorized by |
|
an election, the board may issue and sell general obligation bonds |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements for hospital |
|
purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service. (Acts 69th Leg., R.S., Ch. 515, Sec. 7.01.) |
|
Sec.1017.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1017.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of a tax. (Acts 69th Leg., R.S., Ch. 515, Sec. 7.02.) |
|
Sec.1017.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters. |
|
(b) The board may order a bond election. |
|
(c) The order calling the election must specify: |
|
(1) the nature and date of the election; |
|
(2) the hours during which the polls will be open; |
|
(3) the location of the polling places; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. |
|
(e) The board shall declare the results of the election. |
|
(Acts 69th Leg., R.S., Ch. 515, Sec. 7.03.) |
|
Sec.1017.204.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; |
|
(2) acquire sites to be used for hospital purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service to assist the district in carrying out its hospital |
|
purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(Acts 69th Leg., R.S., Ch. 515, Sec. 7.04.) |
|
Sec.1017.205.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 69th |
|
Leg., R.S., Ch. 515, Secs. 7.05(a), (c) (part).) |
|
Sec.1017.206.MATURITY OF BONDS. District bonds must |
|
mature not later than 50 years after the date of issuance. (Acts |
|
69th Leg., R.S., Ch. 515, Sec. 7.06 (part).) |
|
Sec.1017.207.EXECUTION OF BONDS. (a) The board president |
|
shall execute district bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 69th Leg., |
|
R.S., Ch. 515, Sec. 7.07.) |
|
Sec.1017.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 69th |
|
Leg., R.S., Ch. 515, Sec. 7.11 (part).) |
|
[Sections 1017.209-1017.250 reserved for expansion] |
|
SUBCHAPTER F. AD VALOREM TAX |
|
Sec.1017.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all property in the district subject to district |
|
taxation. |
|
(b) The tax may be used to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 69th |
|
Leg., R.S., Ch. 515, Secs. 8.01(a) (part), (c), (d), 8.02(b).) |
|
Sec.1017.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters at the |
|
election authorizing the imposition of the tax. |
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
each $100 valuation of all taxable property in the district. |
|
(c) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 69th |
|
Leg., R.S., Ch. 515, Secs. 8.01(a) (part), (b), 8.03 (part).) |
|
Sec.1017.253.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 69th Leg., R.S., Ch. 515, Sec. |
|
8.04(b).) |
|
CHAPTER 1018. DALLAM-HARTLEY COUNTIES HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1018.001. DEFINITIONS |
|
Sec. 1018.002. AUTHORITY FOR OPERATION |
|
Sec. 1018.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1018.004. DISTRICT TERRITORY |
|
Sec. 1018.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1018.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1018.007-1018.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1018.051. BOARD APPOINTMENT; TERM |
|
Sec. 1018.052. QUALIFICATIONS FOR OFFICE |
|
Sec. 1018.053. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION OF OFFICE |
|
Sec. 1018.054. BOARD VACANCY |
|
Sec. 1018.055. OFFICERS |
|
Sec. 1018.056. COMPENSATION; EXPENSES |
|
Sec. 1018.057. VOTING REQUIREMENT |
|
Sec. 1018.058. DISTRICT ADMINISTRATOR |
|
Sec. 1018.059. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1018.060. ATTORNEY; ASSISTANT DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1018.061. EMPLOYEES; APPOINTMENT OF STAFF |
|
Sec. 1018.062. RECRUITMENT OF MEDICAL STAFF AND |
|
EMPLOYEES |
|
Sec. 1018.063. HEALTH CARE EDUCATIONAL PROGRAMS |
|
Sec. 1018.064. LIABILITY INSURANCE; INDEMNIFICATION |
|
[Sections 1018.065-1018.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1018.101. DISTRICT RESPONSIBILITY |
|
Sec. 1018.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1018.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1018.104. HOSPITAL SYSTEM |
|
Sec. 1018.105. RULES |
|
Sec. 1018.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1018.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1018.108. ASSISTED LIVING FACILITY |
|
Sec. 1018.109. EMINENT DOMAIN |
|
Sec. 1018.110. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1018.111. GIFTS AND ENDOWMENTS |
|
Sec. 1018.112. CONSTRUCTION CONTRACTS |
|
Sec. 1018.113. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1018.114. CONTRACTS FOR MEDICAL AND HOSPITAL CARE |
|
Sec. 1018.115. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1018.116. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1018.117. JOINT ADMINISTRATION OR DELIVERY OF |
|
HEALTH CARE SERVICES |
|
Sec. 1018.118. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1018.119. NONPROFIT CORPORATION |
|
Sec. 1018.120. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1018.121-1018.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1018.151. BUDGET |
|
Sec. 1018.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1018.153. AMENDMENTS TO BUDGET |
|
Sec. 1018.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1018.155. FISCAL YEAR |
|
Sec. 1018.156. ANNUAL AUDIT |
|
Sec. 1018.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1018.158. FINANCIAL REPORT |
|
Sec. 1018.159. DEPOSITORY |
|
Sec. 1018.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
Sec. 1018.161. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1018.162-1018.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1018.201. GENERAL OBLIGATION BONDS |
|
Sec. 1018.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1018.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1018.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1018.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1018.206. REVENUE BONDS |
|
Sec. 1018.207. REFUNDING BONDS |
|
Sec. 1018.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1018.209-1018.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1018.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1018.252. TAX RATE |
|
Sec. 1018.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR |
|
Sec. 1018.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
ASSESSOR-COLLECTOR |
|
CHAPTER 1018. DALLAM-HARTLEY COUNTIES HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1018.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Dallam-Hartley Counties |
|
Hospital District. (New.) |
|
Sec.1018.002.AUTHORITY FOR OPERATION. The district |
|
operates and is administered and financed in accordance with |
|
Section 9, Article IX, Texas Constitution, and has the rights, |
|
powers, and duties provided by this chapter. (Acts 66th Leg., R.S., |
|
Ch. 128, Sec. 1 (part).) |
|
Sec.1018.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 66th Leg., R.S., Ch. 128, Sec. 19 (part).) |
|
Sec.1018.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Dallam and Hartley |
|
Counties, Texas, except that the district does not include land |
|
located in another hospital district on the date the Dallam-Hartley |
|
Counties Hospital District was created. (Acts 66th Leg., R.S., Ch. |
|
128, Sec. 1 (part).) |
|
Sec. 1018.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support or maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 66th |
|
Leg., R.S., Ch. 128, Sec. 18 (part).) |
|
Sec.1018.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 66th Leg., R.S., Ch. 128, Sec. 18 (part).) |
|
[Sections 1018.007-1018.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1018.051.BOARD APPOINTMENT; TERM. (a) The board |
|
consists of seven directors appointed as follows: |
|
(1) three directors appointed by the Commissioners |
|
Court of Dallam County; |
|
(2) three directors appointed by the Commissioners |
|
Court of Hartley County; and |
|
(3) one director jointly appointed by the six |
|
directors appointed under Subdivisions (1) and (2). |
|
(b) The directors shall make an appointment under |
|
Subsection (a)(3) not later than the 20th day after the date the |
|
last director is appointed under Subsection (a)(1) or (2). |
|
(c) A successor director is appointed in the same manner as |
|
the initial director. |
|
(d) Directors serve staggered two-year terms. (Acts 66th |
|
Leg., R.S., Ch. 128, Sec. 3(e) (part).) |
|
Sec.1018.052.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be appointed as a director unless the person is: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; |
|
(2) the attorney for the district; or |
|
(3) a district employee. (Acts 66th Leg., R.S., Ch. |
|
128, Sec. 3(g).) |
|
Sec. 1018.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
bond for $5,000 that is: |
|
(1) approved by the commissioners courts of Dallam and |
|
Hartley Counties; |
|
(2) payable to the district; and |
|
(3) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district may provide for a director's bond with |
|
district money. |
|
(c) Each director's bond and constitutional oath or |
|
affirmation of office shall be kept in the district's permanent |
|
records. (Acts 66th Leg., R.S., Ch. 128, Sec. 3(f).) |
|
Sec.1018.054.BOARD VACANCY. A vacancy in the office of |
|
director shall be filled for the unexpired term by appointment in |
|
the same manner as the office was previously filled under Section |
|
1018.051. (Acts 66th Leg., R.S., Ch. 128, Sec. 3(e) (part).) |
|
Sec.1018.055.OFFICERS. (a) The board shall elect: |
|
(1) a president and a vice president from among its |
|
members; and |
|
(2) a secretary, who need not be a director. |
|
(b) Each officer of the board serves for a term of one year. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 66th Leg., R.S., Ch. 128, Sec. 3(h) (part).) |
|
Sec.1018.056.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 66th Leg., R.S., Ch. |
|
128, Sec. 3(h) (part).) |
|
Sec.1018.057.VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 66th Leg., R.S., Ch. 128, Sec. 3(h) (part).) |
|
Sec.1018.058.DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to the compensation determined by the board. |
|
(c) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 66th Leg., R.S., Ch. 128, Sec. 4(a) (part).) |
|
Sec.1018.059.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 66th |
|
Leg., R.S., Ch. 128, Sec. 4(a) (part).) |
|
Sec.1018.060.ATTORNEY; ASSISTANT DISTRICT ADMINISTRATOR. |
|
(a) The board may appoint qualified persons as: |
|
(1) the attorney for the district; and |
|
(2) the assistant district administrator. |
|
(b) The attorney for the district and the assistant district |
|
administrator serve at the will of the board and are entitled to the |
|
compensation determined by the board. (Acts 66th Leg., R.S., Ch. |
|
128, Sec. 4(a) (part).) |
|
Sec.1018.061.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as necessary. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to hire district employees, including technicians and |
|
nurses. (Acts 66th Leg., R.S., Ch. 128, Secs. 4(a) (part), 14.) |
|
Sec.1018.062.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 for |
|
appointment to the district's medical staff or for employment with |
|
the district, including: |
|
(1) advertising and marketing; |
|
(2) paying travel, recruiting, and relocation |
|
expenses; |
|
(3) providing a loan or scholarship to a physician or |
|
other person who: |
|
(A) is currently enrolled in health care |
|
education courses at an institution of higher education; and |
|
(B) contractually agrees to become a district |
|
employee; and |
|
(4) providing on a rent-free basis or subsidizing the |
|
cost of office space or other facilities for a health care |
|
professional, including a physician. (Acts 66th Leg., R.S., Ch. |
|
128, Sec. 4B(a).) |
|
Sec.1018.063.HEALTH CARE EDUCATIONAL PROGRAMS. The board |
|
may spend district money, enter into agreements, or take other |
|
necessary action to conduct, participate in, or assist in providing |
|
health care educational programs for current or prospective staff |
|
members or employees. (Acts 66th Leg., R.S., Ch. 128, Sec. 4B(b).) |
|
Sec.1018.064.LIABILITY INSURANCE; INDEMNIFICATION. (a) |
|
For an officer, director, board appointee, member of the medical |
|
staff, or district employee, the board may: |
|
(1) purchase and maintain liability insurance to |
|
protect the person from any liability that arises from performing a |
|
duty for the district or at a district facility; and |
|
(2) enter into and perform an agreement to defend or |
|
indemnify the person with regard to a claim, cost, expense, or |
|
liability resulting from duties performed for the district or at a |
|
district facility. |
|
(b) The board may establish a self-insurance program to fund |
|
an indemnity obligation. (Acts 66th Leg., R.S., Ch. 128, Secs. |
|
4(b), (c).) |
|
[Sections 1018.065-1018.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1018.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating all hospital facilities; and |
|
(2) providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 66th Leg., R.S., Ch. 128, Sec. |
|
17 (part).) |
|
Sec. 1018.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located wholly or |
|
partly within the district may not impose a tax or issue bonds or |
|
other obligations for hospital purposes or to provide medical care |
|
for district residents. (Acts 66th Leg., R.S., Ch. 128, Sec. 17 |
|
(part).) |
|
Sec.1018.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 66th Leg., R.S., Ch. |
|
128, Sec. 4(a) (part).) |
|
Sec.1018.104.HOSPITAL SYSTEM. (a) The district may: |
|
(1) provide for the establishment of a hospital system |
|
by: |
|
(A) purchasing, constructing, acquiring, |
|
repairing, or renovating buildings and equipment; |
|
(B) equipping the buildings; and |
|
(C) administering the system for hospital |
|
purposes; or |
|
(2) provide hospital services by lease or contract. |
|
(b) The hospital system may include any facilities the board |
|
considers necessary for hospital care. (Acts 66th Leg., R.S., Ch. |
|
128, Secs. 2 (part), 8(a) (part).) |
|
Sec.1018.105.RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 66th Leg., R.S., Ch. 128, |
|
Sec. 4(a) (part).) |
|
Sec.1018.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 66th |
|
Leg., R.S., Ch. 128, Sec. 8(b) (part).) |
|
Sec. 1018.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system. |
|
(b) The board may lease all or part of the district's |
|
facilities on terms considered to be in the best interest of the |
|
district's inhabitants. |
|
(c) The board may: |
|
(1) acquire by lease, purchase, lease to purchase, or |
|
option to purchase property, including facilities, supplies, or |
|
equipment, for the district; and |
|
(2) mortgage or pledge the property or the revenue |
|
from the property as security for the payment of the purchase price. |
|
(d) The district may sell, lease, or otherwise dispose of |
|
any of the district's property, including equipment, on terms the |
|
board finds are in the best interest of the district's inhabitants. |
|
(Acts 66th Leg., R.S., Ch. 128, Secs. 8(a) (part), (b) (part).) |
|
Sec.1018.108.ASSISTED LIVING FACILITY. The board may |
|
construct and maintain an assisted living facility and a related |
|
facility that is necessary to operate and maintain an assisted |
|
living facility. (Acts 66th Leg., R.S., Ch. 128, Sec. 8(a) (part).) |
|
Sec.1018.109.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary or convenient for the |
|
district to exercise a power, right, or privilege conferred by this |
|
chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 66th Leg., R.S., Ch. 128, Sec. |
|
12(a).) |
|
Sec.1018.110.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of any railroad, electric transmission, |
|
telegraph or telephone line, conduit, pole, or facility, or |
|
pipeline, the district must bear the actual cost of relocating, |
|
raising, lowering, rerouting, changing the grade, or altering the |
|
construction to provide comparable replacement without enhancement |
|
of facilities, after deducting the net salvage value derived from |
|
the old facility. (Acts 66th Leg., R.S., Ch. 128, Sec. 12(b).) |
|
Sec.1018.111.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for the |
|
purposes and under the directions, limitations, or other provisions |
|
prescribed in writing by the donor that are consistent with the |
|
proper management and objectives of the district. (Acts 66th Leg., |
|
R.S., Ch. 128, Sec. 16.) |
|
Sec.1018.112.CONSTRUCTION CONTRACTS. A construction |
|
contract that involves the expenditure of the amount specified by |
|
Section 271.024, Local Government Code, may be made only after |
|
advertising in the manner provided by Subchapter B, Chapter 271, |
|
Local Government Code. (Acts 66th Leg., R.S., Ch. 128, Sec. 8(b) |
|
(part).) |
|
Sec.1018.113.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 66th Leg., R.S., Ch. 128, Sec. 8(a) |
|
(part).) |
|
Sec.1018.114.CONTRACTS FOR MEDICAL AND HOSPITAL CARE. |
|
The district may contract with public or private institutions and |
|
physicians to provide medical and hospital care for the district's |
|
indigent and needy residents. (Acts 66th Leg., R.S., Ch. 128, Sec. |
|
8(a) (part).) |
|
Sec. 1018.115. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries to |
|
reimburse the district for the care and treatment of a sick or |
|
injured person of that county or municipality. |
|
(b) The district may contract with this state or a federal |
|
agency for reimbursement for the treatment of a sick or injured |
|
person. (Acts 66th Leg., R.S., Ch. 128, Sec. 4(a) (part).) |
|
Sec. 1018.116. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district to |
|
provide investigatory or other services as to facilities for the |
|
medical care, hospital, or welfare needs of district inhabitants. |
|
(Acts 66th Leg., R.S., Ch. 128, Sec. 4(a) (part).) |
|
Sec. 1018.117. JOINT ADMINISTRATION OR DELIVERY OF HEALTH |
|
CARE SERVICES. (a) To provide joint administration or delivery of |
|
health care services, the district may contract with, affiliate |
|
with, have an ownership interest in, or enter into another |
|
arrangement with: |
|
(1) a managed care system; |
|
(2) a preferred provider organization; |
|
(3) a health maintenance organization; |
|
(4) a medical services organization; |
|
(5) another provider of alternative health care or |
|
delivery system; or |
|
(6) a private hospital. |
|
(b) The district may spend district money to establish, |
|
maintain, and have an ownership interest in a partnership, |
|
corporation, or other entity involved in the delivery of health |
|
care services. (Acts 66th Leg., R.S., Ch. 128, Sec. 4(d).) |
|
Sec.1018.118.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment in the hospital, the amount of the costs that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue a final order. |
|
(f) A final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 66th Leg., R.S., Ch. 128, Sec. 15.) |
|
Sec.1018.119.NONPROFIT CORPORATION. (a) The district |
|
may create, sponsor, and have a membership interest in a nonprofit |
|
corporation under the Business Organizations Code and may |
|
contribute money to or solicit money for the corporation. |
|
(a-1) On or before December 31, 2009, the district may |
|
create, sponsor, and have a membership interest in a nonprofit |
|
corporation under the Texas Non-Profit Corporation Act (Article |
|
1396-1.01, et seq., Vernon's Texas Civil Statutes) or the Business |
|
Organizations Code, as applicable, and may contribute money to or |
|
solicit money for the corporation. |
|
(b) The corporation created may use money, other than money |
|
the corporation pays to the district, only to provide health care or |
|
other services the district is authorized to provide under this |
|
chapter. |
|
(c) The corporation may invest the corporation's money in |
|
any manner in which the district may invest the district's money, |
|
including investing money as authorized by Chapter 2256, Government |
|
Code. |
|
(d) The board shall establish controls to ensure that the |
|
corporation uses its money as required by this section. |
|
(e) This subsection and Subsection (a-1) expire December |
|
31, 2009. (Acts 66th Leg., R.S., Ch. 128, Sec. 4(e).) |
|
Sec.1018.120.AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 66th Leg., R.S., Ch. |
|
128, Sec. 4(a) (part).) |
|
[Sections 1018.121-1018.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1018.151.BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand in each district fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 66th Leg., |
|
R.S., Ch. 128, Sec. 5 (part).) |
|
Sec.1018.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) Notice of the hearing must be published one time in a |
|
newspaper with general circulation in the district at least 10 days |
|
before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the taxpayers |
|
and that the law warrants. (Acts 66th Leg., R.S., Ch. 128, Sec. 5 |
|
(part).) |
|
Sec.1018.153.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 66th Leg., R.S., Ch. 128, Sec. 5 (part).) |
|
Sec.1018.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 66th Leg., R.S., Ch. 128, Sec. 5 (part).) |
|
Sec.1018.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during the time revenue bonds of the district are |
|
outstanding; or |
|
(2) more than once in a 24-month period. (Acts 66th |
|
Leg., R.S., Ch. 128, Sec. 5 (part).) |
|
Sec.1018.156.ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 66th |
|
Leg., R.S., Ch. 128, Sec. 5 (part).) |
|
Sec. 1018.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records shall be open |
|
to inspection at the district's principal office. (Acts 66th Leg., |
|
R.S., Ch. 128, Sec. 5 (part).) |
|
Sec.1018.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 66th Leg., R.S., Ch. 128, Sec. 5 (part).) |
|
Sec.1018.159.DEPOSITORY. (a) The board shall select one |
|
or more banks inside or outside the district to serve as a |
|
depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1018.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to place a part of district money on time |
|
deposit or to purchase certificates of deposit. |
|
(d) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or other security in an amount sufficient to secure from loss the |
|
district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 66th Leg., R.S., Ch. 128, |
|
Sec. 9.) |
|
Sec.1018.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Sections 1018.107(c) and 1018.161 |
|
and Subchapter E, the district may not incur an obligation payable |
|
from district revenue other than the revenue on hand or to be on |
|
hand in the current and following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 66th Leg., R.S., Ch. 128, Secs. 4(a) |
|
(part), 8(b) (part).) |
|
Sec.1018.161.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
The board may borrow money for district operating expenses in an |
|
amount not to exceed the amount of tax or other revenue the district |
|
expects to receive during the fiscal year in which the money is |
|
borrowed. |
|
(b) To repay the debt, the district may pledge all or part of |
|
the tax or other revenue received during the fiscal year in which |
|
the board borrows money under this section. (Acts 66th Leg., R.S., |
|
Ch. 128, Sec. 4A.) |
|
[Sections 1018.162-1018.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1018.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligations bonds in the name and on the |
|
faith and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 66th Leg., R.S., Ch. 128, Sec. 6(a) (part).) |
|
Sec.1018.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1018.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of all taxable property in the |
|
district. (Acts 66th Leg., R.S., Ch. 128, Sec. 6(a) (part).) |
|
Sec.1018.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters. |
|
(b) The board, in ordering the election, shall provide for |
|
clerks as in county elections and specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. |
|
(d) Chapter 41, Election Code, does not apply to an election |
|
held under this section. |
|
(e) The board shall declare the results of the election. |
|
(Acts 66th Leg., R.S., Ch. 128, Sec. 6(a) (part).) |
|
Sec.1018.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 66th Leg., R.S., Ch. 128, |
|
Sec. 6(c) (part).) |
|
Sec.1018.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 66th Leg., |
|
R.S., Ch. 128, Sec. 6(c) (part).) |
|
Sec.1018.206.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
66th Leg., R.S., Ch. 128, Sec. 7 (part).) |
|
Sec.1018.207.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding |
|
indebtedness issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 66th |
|
Leg., R.S., Ch. 128, Secs. 6(a) (part), (b) (part), 7 (part).) |
|
Sec.1018.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 66th |
|
Leg., R.S., Ch. 128, Sec. 19 (part).) |
|
[Sections 1018.209-1018.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1018.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all property in the district subject to district |
|
taxation. |
|
(b) The board may impose the tax to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the construction, maintenance, equipment, and |
|
operating expenses of the district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 66th |
|
Leg., R.S., Ch. 128, Secs. 10(a) (part), 13(a) (part).) |
|
Sec.1018.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of all |
|
taxable property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 66th |
|
Leg., R.S., Ch. 128, Secs. 3(b) (part), 10(a) (part), (b) (part).) |
|
Sec. 1018.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
elects to have taxes assessed and collected under Section 1018.254. |
|
(b) The tax assessors-collectors of Dallam and Hartley |
|
Counties shall assess and collect taxes imposed by the district in |
|
their respective counties. (Acts 66th Leg., R.S., Ch. 128, Secs. |
|
13(a) (part), (b) (part).) |
|
Sec. 1018.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
ASSESSOR-COLLECTOR. (a) The board, by majority vote, may elect to |
|
have district taxes assessed and collected by a tax |
|
assessor-collector appointed by the board. An election under this |
|
subsection must be made by December 1 and governs the manner in |
|
which taxes are assessed and collected, until changed by a similar |
|
resolution. |
|
(b) The district tax assessor-collector must reside in the |
|
district. |
|
(c) The board shall set for the district tax |
|
assessor-collector: |
|
(1) the term of employment; and |
|
(2) compensation. (Acts 66th Leg., R.S., Ch. 128, |
|
Secs. 13(a) (part), (c) (part).) |
|
CHAPTER 1019. DARROUZETT HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1019.001. DEFINITIONS |
|
Sec. 1019.002. AUTHORITY FOR OPERATION |
|
Sec. 1019.003. POLITICAL SUBDIVISION |
|
Sec. 1019.004. DISTRICT TERRITORY |
|
Sec. 1019.005. CORRECTION OF INVALID PROCEDURES |
|
[Sections 1019.006-1019.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1019.051. BOARD ELECTION; TERM |
|
Sec. 1019.052. BOARD VACANCY |
|
Sec. 1019.053. OFFICERS |
|
Sec. 1019.054. COMPENSATION; EXPENSES |
|
Sec. 1019.055. EMPLOYEES |
|
Sec. 1019.056. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1019.057. SEAL |
|
[Sections 1019.058-1019.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1019.101. DISTRICT RESPONSIBILITY |
|
Sec. 1019.102. RESTRICTION ON TAXATION AND DEBT BY |
|
OTHER ENTITY |
|
Sec. 1019.103. MANAGEMENT AND CONTROL |
|
Sec. 1019.104. HOSPITAL SYSTEM |
|
Sec. 1019.105. RULES |
|
Sec. 1019.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1019.107. EMINENT DOMAIN |
|
Sec. 1019.108. GIFTS AND ENDOWMENTS |
|
Sec. 1019.109. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1019.110. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1019.111-1019.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1019.151. BUDGET |
|
Sec. 1019.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1019.153. FISCAL YEAR |
|
Sec. 1019.154. ANNUAL AUDIT |
|
Sec. 1019.155. DEPOSITORY OR TREASURER |
|
[Sections 1019.156-1019.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1019.201. GENERAL OBLIGATION BONDS |
|
Sec. 1019.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1019.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1019.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1019.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1019.206. REFUNDING BONDS |
|
[Sections 1019.207-1019.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1019.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1019.252. TAX RATE |
|
Sec. 1019.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1019. DARROUZETT HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1019.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Darrouzett Hospital |
|
District. (New.) |
|
Sec.1019.002.AUTHORITY FOR OPERATION. The district |
|
operates in accordance with Section 9, Article IX, Texas |
|
Constitution. (Acts 63rd Leg., R.S., Ch. 539, Sec. 1 (part).) |
|
Sec.1019.003.POLITICAL SUBDIVISION. The district is a |
|
political subdivision of this state. (Acts 63rd Leg., R.S., Ch. |
|
539, Sec. 16 (part).) |
|
Sec.1019.004.DISTRICT TERRITORY. The district is |
|
composed of: |
|
(1) the territory described by Section 1, Chapter 539, |
|
Acts of the 63rd Legislature, Regular Session, 1973; and |
|
(2) all territory in the Darrouzett Independent School |
|
District as that territory existed on June 14, 1973, except the |
|
territory in the Booker Hospital District on that date. (New; Acts |
|
63rd Leg., R.S., Ch. 539, Sec. 1 (part).) |
|
Sec.1019.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 63rd Leg., R.S., Ch. 539, Sec. 19 (part).) |
|
[Sections 1019.006-1019.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1019.051.BOARD ELECTION; TERM. (a) The board |
|
consists of six directors elected from the district at large. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; and |
|
(2) an election shall be held on the uniform election |
|
date in May of each year to elect the appropriate number of |
|
directors. (Acts 63rd Leg., R.S., Ch. 539, Secs. 3(c) (part), |
|
3A(a).) |
|
Sec.1019.052.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 63rd Leg., R.S., Ch. 539, |
|
Sec. 3A(b).) |
|
Sec.1019.053.OFFICERS. (a) The board shall elect a |
|
president, vice president, and secretary-treasurer from among its |
|
members. |
|
(b) Each officer of the board serves until the next |
|
directors' election. (Acts 63rd Leg., R.S., Ch. 539, Sec. 4 |
|
(part).) |
|
Sec.1019.054.COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in the performance of official duties on approval of the |
|
expenses by the entire board. (Acts 63rd Leg., R.S., Ch. 539, Sec. |
|
4 (part).) |
|
Sec.1019.055.EMPLOYEES. The board may employ a general |
|
manager, attorneys, financial advisors, bookkeepers, and |
|
architects as the board considers necessary. (Acts 63rd Leg., |
|
R.S., Ch. 539, Sec. 7 (part).) |
|
Sec.1019.056.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
All district records, including books, accounts, notices, minutes, |
|
and all other matters of the district and the operation of its |
|
facilities, shall be: |
|
(1) maintained at the district office; and |
|
(2) open to public inspection at reasonable hours. |
|
(Acts 63rd Leg., R.S., Ch. 539, Sec. 7 (part).) |
|
Sec.1019.057.SEAL. The board may adopt a seal for the |
|
district. (Acts 63rd Leg., R.S., Ch. 539, Sec. 7 (part).) |
|
[Sections 1019.058-1019.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1019.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating all hospital facilities; and |
|
(2) providing hospital care for the district's needy |
|
inhabitants. (Acts 63rd Leg., R.S., Ch. 539, Sec. 12 (part).) |
|
Sec. 1019.102. RESTRICTION ON TAXATION AND DEBT BY OTHER |
|
ENTITY. (a) A political subdivision within the district, other |
|
than the district, may not impose a tax or issue bonds or other |
|
obligations for hospital purposes or to provide medical care for |
|
district inhabitants. |
|
(b) A governmental or other entity inside or outside the |
|
district may not impose a tax or issue bonds or other obligations on |
|
property in the district for hospital purposes or to provide |
|
medical care for district inhabitants. (Acts 63rd Leg., R.S., Ch. |
|
539, Sec. 12 (part).) |
|
Sec.1019.103.MANAGEMENT AND CONTROL. The board has full |
|
management and control of all district business, including the |
|
power to: |
|
(1) negotiate and contract with any person; |
|
(2) purchase or lease land; |
|
(3) construct and equip a hospital system; and |
|
(4) operate and maintain the hospital. (Acts 63rd |
|
Leg., R.S., Ch. 539, Sec. 4 (part).) |
|
Sec.1019.104.HOSPITAL SYSTEM. The district shall |
|
provide for the establishment of a hospital system to provide |
|
medical and hospital care to the district's residents. (Acts 63rd |
|
Leg., R.S., Ch. 539, Sec. 2 (part).) |
|
Sec.1019.105.RULES. (a) The board may adopt rules |
|
governing the operation of the district, including district |
|
facilities. |
|
(b) On approval by the board, the rules may be published in |
|
booklet form at district expense and made available to any resident |
|
on request. (Acts 63rd Leg., R.S., Ch. 539, Sec. 7 (part).) |
|
Sec.1019.106.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
The board may prescribe the method and manner of making purchases |
|
and expenditures by and for the district. |
|
(b) The board shall prescribe: |
|
(1) all accounting and control procedures; and |
|
(2) the method of purchasing necessary supplies, |
|
materials, and equipment. (Acts 63rd Leg., R.S., Ch. 539, Sec. 7 |
|
(part).) |
|
Sec.1019.107.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property, real, personal, or mixed, |
|
located in district territory, if the interest is necessary or |
|
convenient for the district to exercise a right, power, privilege, |
|
or function conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 63rd Leg., R.S., Ch. 539, Sec. 9.) |
|
Sec.1019.108.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 63rd Leg., R.S., Ch. 539, |
|
Sec. 14.) |
|
Sec.1019.109.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient from Lipscomb County is admitted to a district |
|
facility, the board shall have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If an agent designated by the district to handle the |
|
inquiry determines that the patient or those relatives cannot pay |
|
all or part of the costs of the care and treatment in the hospital, |
|
the amount of the costs that cannot be paid becomes a charge against |
|
the district. |
|
(c) If an agent designated by the district determines that |
|
the patient or those relatives are liable to pay for all or part of |
|
the costs of the patient's care and treatment, the patient or those |
|
relatives shall be ordered to pay the district's treasurer a |
|
specified amount each week for the patient's support. The amount |
|
ordered must be proportionate to the person's financial ability and |
|
may not exceed the actual per capita cost of maintenance. |
|
(d) The district may collect the amount from the patient's |
|
estate, or from any relative who is legally liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the designated district agent, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue an appropriate order. |
|
(f) Either party to the dispute may appeal the district's |
|
determination to the district court. (Acts 63rd Leg., R.S., Ch. |
|
539, Sec. 13.) |
|
Sec.1019.110.AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district may sue and be sued in its own |
|
name in any court of this state. (Acts 63rd Leg., R.S., Ch. 539, |
|
Sec. 16 (part).) |
|
[Sections 1019.111-1019.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1019.151.BUDGET. The board annually shall require a |
|
budget to be prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 63rd Leg., R.S., Ch. 539, Sec. 8 (part).) |
|
Sec.1019.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) The |
|
board shall hold a public hearing on the proposed annual budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. (Acts 63rd Leg., R.S., Ch. 539, Sec. 8 (part).) |
|
Sec.1019.153.FISCAL YEAR. The district operates on a |
|
fiscal year that begins on October 1 and ends on September 30. |
|
(Acts 63rd Leg., R.S., Ch. 539, Sec. 8 (part).) |
|
Sec.1019.154.ANNUAL AUDIT. (a) The board annually shall |
|
have an independent audit made of the district's books and records |
|
for the fiscal year. |
|
(b) Not later than December 31 each year, the audit shall be |
|
filed: |
|
(1) with the comptroller; and |
|
(2) at the district office. (Acts 63rd Leg., R.S., Ch. |
|
539, Sec. 8 (part).) |
|
Sec.1019.155.DEPOSITORY OR TREASURER. (a) The board by |
|
resolution shall designate a bank or banks in the district as the |
|
district's depository or treasurer. A designated bank serves for |
|
two years and until a successor is designated. |
|
(b) All income received by the district shall be deposited |
|
with the district depository. |
|
(c) All district money shall be secured in the manner |
|
provided for securing county funds. (Acts 63rd Leg., R.S., Ch. 539, |
|
Secs. 5 (part), 10.) |
|
[Sections 1019.156-1019.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1019.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 63rd Leg., R.S., Ch. 539, Sec. 6 (part).) |
|
Sec.1019.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) The |
|
board shall impose an ad valorem tax at a rate sufficient to create |
|
an interest and sinking fund to pay the principal of and interest on |
|
general obligation bonds issued by the district under Section |
|
1019.201 as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of all taxable property in the |
|
district. (Acts 63rd Leg., R.S., Ch. 539, Sec. 6 (part).) |
|
Sec.1019.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order the election on its own motion. |
|
(c) The order calling the election must specify: |
|
(1) the location of the polling places; |
|
(2) the presiding election officers; |
|
(3) the purpose of the bond issuance; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum interest rate provided by law. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the order calling the election in a newspaper of |
|
general circulation in the district once each week for two |
|
consecutive weeks before the date of the election. The first |
|
publication must occur at least 20 days before the date of the |
|
election. (Acts 63rd Leg., R.S., Ch. 539, Sec. 6 (part).) |
|
Sec.1019.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 63rd Leg., R.S., Ch. 539, |
|
Sec. 6 (part).) |
|
Sec.1019.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
63rd Leg., R.S., Ch. 539, Sec. 6 (part).) |
|
Sec.1019.206.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds in the manner provided by this |
|
subchapter to refund outstanding bonds issued or assumed by the |
|
district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the bonds to be refunded; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar amount of outstanding bonds and the unpaid matured interest |
|
on the bonds. (Acts 63rd Leg., R.S., Ch. 539, Sec. 6 (part).) |
|
[Sections 1019.207-1019.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1019.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the annual budget, the board shall impose a tax on all |
|
property in the district subject to district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued or assumed by the district for hospital purposes; |
|
(2) provide for operation and maintenance of the |
|
hospital or hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 63rd Leg., R.S., Ch. 539, |
|
Secs. 5 (part), 8 (part).) |
|
Sec.1019.252.TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 63rd Leg., R.S., Ch. 539, Sec. 5 |
|
(part).) |
|
Sec.1019.253.TAX ASSESSOR-COLLECTOR. (a) Except as |
|
provided by Subsection (b), the tax assessor-collector of Lipscomb |
|
County shall assess and collect taxes imposed by the district. |
|
(b) By majority vote the board may appoint a district tax |
|
assessor-collector under Section 285.041, Health and Safety Code. |
|
(Acts 63rd Leg., R.S., Ch. 539, Secs. 5 (part), 8 (part).) |
|
CHAPTER 1020. DEAF SMITH COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1020.001. DEFINITIONS |
|
Sec. 1020.002. AUTHORITY FOR OPERATION |
|
Sec. 1020.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1020.004. DISTRICT TERRITORY |
|
Sec. 1020.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1020.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1020.007. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1020.008-1020.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1020.051. BOARD ELECTION; TERM |
|
Sec. 1020.052. NOTICE OF ELECTION |
|
Sec. 1020.053. BALLOT PETITION |
|
Sec. 1020.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1020.055. BOARD VACANCY |
|
Sec. 1020.056. OFFICERS |
|
Sec. 1020.057. COMPENSATION; EXPENSES |
|
Sec. 1020.058. VOTING REQUIREMENT |
|
Sec. 1020.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1020.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1020.061. EMPLOYEES; APPOINTMENT OF STAFF |
|
Sec. 1020.062. RECRUITMENT OF MEDICAL STAFF AND |
|
EMPLOYEES |
|
Sec. 1020.063. CONTINUING EDUCATION; RETRAINING |
|
Sec. 1020.064. SENIORITY; RETIREMENT BENEFITS |
|
[Sections 1020.065-1020.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1020.101. DISTRICT RESPONSIBILITY |
|
Sec. 1020.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1020.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1020.104. HOSPITAL SYSTEM |
|
Sec. 1020.105. RULES |
|
Sec. 1020.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1020.107. PROVISION OF CERTAIN HEALTH SERVICES |
|
Sec. 1020.108. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1020.109. EMINENT DOMAIN |
|
Sec. 1020.110. GIFTS AND ENDOWMENTS |
|
Sec. 1020.111. CONSTRUCTION CONTRACTS |
|
Sec. 1020.112. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1020.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR HOSPITALIZATION |
|
Sec. 1020.114. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1020.115. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1020.116. NONPROFIT CORPORATION |
|
Sec. 1020.117. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1020.118-1020.150 reserved for expansion] |
|
SUBCHAPTER D. CHANGE IN BOUNDARIES |
|
Sec. 1020.151. TERRITORY THAT MAY BE ANNEXED |
|
Sec. 1020.152. PETITION TO ANNEX TERRITORY |
|
Sec. 1020.153. ELECTION ORDER |
|
Sec. 1020.154. BALLOT |
|
Sec. 1020.155. NOTICE OF ELECTION |
|
Sec. 1020.156. ELECTION RESULTS |
|
Sec. 1020.157. EFFECT OF ANNEXATION |
|
[Sections 1020.158-1020.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1020.201. BUDGET |
|
Sec. 1020.202. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1020.203. AMENDMENTS TO BUDGET |
|
Sec. 1020.204. RESTRICTION ON EXPENDITURES |
|
Sec. 1020.205. FISCAL YEAR |
|
Sec. 1020.206. AUDIT |
|
Sec. 1020.207. INSPECTION OF AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1020.208. FINANCIAL REPORT |
|
Sec. 1020.209. DEPOSITORY |
|
Sec. 1020.210. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1020.211-1020.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 1020.251. GENERAL OBLIGATION BONDS |
|
Sec. 1020.252. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1020.253. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1020.254. REVENUE BONDS |
|
Sec. 1020.255. REFUNDING BONDS |
|
Sec. 1020.256. MATURITY OF BONDS |
|
Sec. 1020.257. EXECUTION OF BONDS |
|
Sec. 1020.258. BONDS EXEMPT FROM TAXATION |
|
[Sections 1020.259-1020.300 reserved for expansion] |
|
SUBCHAPTER G. TAXES |
|
Sec. 1020.301. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1020.302. TAX RATE |
|
Sec. 1020.303. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
Sec. 1020.304. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR |
|
Sec. 1020.305. ASSESSMENT AND COLLECTION BY DISTRICT |
|
TAX ASSESSOR-COLLECTOR |
|
[Sections 1020.306-1020.350 reserved for expansion] |
|
SUBCHAPTER H. DISSOLUTION |
|
Sec. 1020.351. DISSOLUTION; ELECTION |
|
Sec. 1020.352. BALLOT |
|
Sec. 1020.353. ELECTION RESULTS |
|
Sec. 1020.354. TRANSFER OF DISTRICT ASSETS |
|
CHAPTER 1020. DEAF SMITH COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1020.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Deaf Smith County Hospital |
|
District. |
|
(4) "Hospital system" includes medical or other health |
|
care facilities. (New.) |
|
Sec.1020.002.AUTHORITY FOR OPERATION. The district |
|
operates in accordance with Section 9, Article IX, Texas |
|
Constitution, and has the rights, powers, and duties provided by |
|
this chapter. (Acts 62nd Leg., R.S., Ch. 59, Sec. 1 (part).) |
|
Sec.1020.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 62nd Leg., R.S., Ch. 59, Sec. 21 (part).) |
|
Sec.1020.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Deaf Smith County, |
|
Texas, unless the boundaries are expanded under Subchapter D. |
|
(Acts 62nd Leg., R.S., Ch. 59, Secs. 1 (part), 1A (part).) |
|
Sec.1020.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 62nd Leg., R.S., Ch. 59, Sec. 23 (part).) |
|
Sec. 1020.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 62nd |
|
Leg., R.S., Ch. 59, Sec. 20 (part).) |
|
Sec.1020.007.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 62nd Leg., R.S., Ch. 59, Sec. 20 (part).) |
|
[Sections 1020.008-1020.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1020.051.BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of seven directors elected from the district at |
|
large. |
|
(b) Directors serve staggered three-year terms. |
|
(c) An election shall be held on the uniform election date |
|
in May of each year to elect the appropriate number of directors. |
|
(Acts 62nd Leg., R.S., Ch. 59, Secs. 4(a), (b) (part); Acts 77th |
|
Leg., R.S., Ch. 110, Sec. 5(d).) |
|
Sec.1020.052.NOTICE OF ELECTION. At least 35 days before |
|
the date of an election of directors, notice of the election shall |
|
be published one time in a newspaper of general circulation in the |
|
district. (Acts 62nd Leg., R.S., Ch. 59, Sec. 4(b) (part).) |
|
Sec.1020.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by at least 25 registered voters; and |
|
(2) filed at least 30 days before the date of the |
|
election. (Acts 62nd Leg., R.S., Ch. 59, Sec. 4(b) (part).) |
|
Sec.1020.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not serve as a director unless the person is: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; or |
|
(2) a district employee. (Acts 62nd Leg., R.S., Ch. |
|
59, Sec. 4(c) (part).) |
|
Sec.1020.055.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors by majority vote shall |
|
appoint a director for the unexpired term. (Acts 62nd Leg., R.S., |
|
Ch. 59, Sec. 4(b) (part).) |
|
Sec.1020.056.OFFICERS. (a) The board shall elect: |
|
(1) a president and a vice president from among its |
|
members; and |
|
(2) a secretary, who need not be a director. |
|
(b) Each officer of the board serves for a term of one year. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 62nd Leg., R.S., Ch. 59, Sec. 4(d) (part).) |
|
Sec.1020.057.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 62nd Leg., R.S., Ch. |
|
59, Sec. 4(d) (part).) |
|
Sec.1020.058.VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 62nd Leg., R.S., Ch. 59, Sec. 4(d) (part).) |
|
Sec. 1020.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
district administrator. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The district administrator and any assistant |
|
administrator serve at the will of the board and are entitled to the |
|
compensation determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 62nd Leg., R.S., Ch. 59, Sec. 5 (part).) |
|
Sec.1020.060.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 62nd |
|
Leg., R.S., Ch. 59, Sec. 5 (part).) |
|
Sec.1020.061.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as necessary. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to hire district employees, including technicians and |
|
nurses. (Acts 62nd Leg., R.S., Ch. 59, Secs. 5 (part), 16.) |
|
Sec.1020.062.RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. |
|
(a) The district may spend district money, enter into agreements, |
|
or take other action it considers appropriate to recruit |
|
physicians, nurses, and other trained medical personnel, |
|
including: |
|
(1) advertising and marketing; |
|
(2) paying travel, recruitment, and relocation |
|
expenses; |
|
(3) providing and subsidizing office space or other |
|
facilities for a health care professional, including a physician |
|
who agrees to render services in the district or to serve as a |
|
district employee; and |
|
(4) subsidizing the income of a health care |
|
professional, including a physician who agrees to render services |
|
in the district. |
|
(b) The district may pay the tuition or other expenses of a |
|
full-time medical, allied health professional, or nursing student |
|
who: |
|
(1) is enrolled in and is in good standing at an |
|
accredited school, college, or university; and |
|
(2) contractually agrees to render services to the |
|
district or become a district employee in return for that |
|
assistance. (Acts 62nd Leg., R.S., Ch. 59, Secs. 5A(a), (b).) |
|
Sec.1020.063.CONTINUING EDUCATION; RETRAINING. The board |
|
may spend district money for continuing education and retraining of |
|
employees. (Acts 62nd Leg., R.S., Ch. 59, Sec. 5A(c).) |
|
Sec.1020.064.SENIORITY; RETIREMENT BENEFITS. The board |
|
may: |
|
(1) adopt rules related to the seniority of district |
|
employees, including rules for a retirement plan based on |
|
seniority; and |
|
(2) give effect to previous years of service for |
|
district employees continuously employed in the operation or |
|
management of the hospital, medical, or other health care |
|
facilities: |
|
(A) constructed by the district; or |
|
(B) acquired by the district, including |
|
facilities acquired when the district was created. (Acts 62nd |
|
Leg., R.S., Ch. 59, Sec. 5 (part).) |
|
[Sections 1020.065-1020.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1020.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing hospital care for the district's |
|
indigent residents. (Acts 62nd Leg., R.S., Ch. 59, Sec. 19 (part).) |
|
Sec. 1020.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located within the |
|
district may not impose a tax or issue bonds or other obligations |
|
for hospital, medical, or health care purposes or to provide |
|
medical care. (Acts 62nd Leg., R.S., Ch. 59, Sec. 19 (part).) |
|
Sec.1020.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 62nd Leg., R.S., Ch. |
|
59, Sec. 5 (part).) |
|
Sec.1020.104.HOSPITAL SYSTEM. (a) The district shall |
|
provide for the establishment of a hospital system by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and equipment; |
|
(2) equipping the buildings; and |
|
(3) administering buildings and equipment for |
|
hospital purposes. |
|
(b) The hospital system may include: |
|
(1) facilities for domiciliary care of the sick, |
|
injured, or geriatric; |
|
(2) facilities for outpatient clinics; |
|
(3) physicians' offices; |
|
(4) dispensaries; |
|
(5) convalescent home facilities; |
|
(6) necessary nurses' domiciliaries and training |
|
centers; |
|
(7) blood banks; |
|
(8) research centers or laboratories; and |
|
(9) any other facilities the board considers necessary |
|
for hospital care. (Acts 62nd Leg., R.S., Ch. 59, Secs. 2 (part), 9 |
|
(part).) |
|
Sec.1020.105.RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 62nd Leg., R.S., Ch. 59, Sec. |
|
5 (part).) |
|
Sec.1020.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 62nd |
|
Leg., R.S., Ch. 59, Sec. 10 (part).) |
|
Sec.1020.107.PROVISION OF CERTAIN HEALTH SERVICES. The |
|
district may operate or provide for the operation of: |
|
(1) a mobile emergency medical service; or |
|
(2) home health services, long-term care, skilled |
|
nursing care, intermediate nursing care, or hospice care. (Acts |
|
62nd Leg., R.S., Ch. 59, Sec. 9 (part).) |
|
Sec. 1020.108. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system. |
|
(b) The board may lease all or part of the district's |
|
buildings and other facilities for hospital, medical, or health |
|
care purposes on terms considered to be in the best interest of the |
|
district's inhabitants. The term of the lease may not exceed 25 |
|
years. |
|
(c) The district may acquire or lease equipment for use in |
|
the district's hospital system and mortgage or pledge acquired |
|
equipment as security for the payment of the purchase price. A |
|
contract or lease entered into under this subsection must provide |
|
that the entire obligation be retired not later than the fifth |
|
anniversary of the date of the contract or lease. |
|
(d) The district may sell or otherwise dispose of any |
|
property, including equipment, on terms the board finds are in the |
|
best interest of the district's inhabitants. The board may not sell |
|
or dispose of any real property unless the board affirmatively |
|
finds that the property is not needed for the operation of the |
|
hospital system. (Acts 62nd Leg., R.S., Ch. 59, Secs. 9 (part), 10 |
|
(part).) |
|
Sec.1020.109.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary for the district to exercise |
|
a power, right, or privilege conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 62nd Leg., R.S., Ch. 59, Sec. 14.) |
|
Sec.1020.110.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 62nd Leg., R.S., Ch. 59, Sec. |
|
18 (part).) |
|
Sec.1020.111.CONSTRUCTION CONTRACTS. A construction |
|
contract that requires the expenditure of more than the amount |
|
provided by Section 271.024, Local Government Code, may be made |
|
only after competitive bidding as provided by Subchapter B, Chapter |
|
271, Local Government Code. (Acts 62nd Leg., R.S., Ch. 59, Sec. 10 |
|
(part).) |
|
Sec.1020.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 62nd Leg., R.S., Ch. 59, Sec. 9 |
|
(part).) |
|
Sec. 1020.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
HOSPITALIZATION. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries for the |
|
hospitalization of a sick or injured person of that county or |
|
municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for the hospitalization of a sick or injured person. (Acts |
|
62nd Leg., R.S., Ch. 59, Sec. 5 (part).) |
|
Sec. 1020.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district to |
|
provide investigatory or other services for the hospital or welfare |
|
needs of district inhabitants. (Acts 62nd Leg., R.S., Ch. 59, Sec. |
|
5 (part).) |
|
Sec.1020.115.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment in the hospital, the amount of the costs that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(f) The final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 62nd Leg., R.S., Ch. 59, Sec. 17.) |
|
Sec.1020.116.NONPROFIT CORPORATION. (a) The district |
|
may create and sponsor a nonprofit corporation under the Business |
|
Organizations Code and may contribute money to or solicit money for |
|
the corporation. |
|
(a-1) On or before December 31, 2009, the district may |
|
create and sponsor a nonprofit corporation under the Texas |
|
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's |
|
Texas Civil Statutes) or the Business Organizations Code, as |
|
applicable, and may contribute money to or solicit money for the |
|
corporation. |
|
(b) A corporation may use money, other than money the |
|
corporation pays to the district, only to provide health care or |
|
other services the district is authorized to provide under this |
|
chapter. |
|
(c) The corporation may invest the corporation's money in |
|
any manner in which the district may invest the district's money, |
|
including investing money as authorized by Chapter 2256, Government |
|
Code. |
|
(d) The board shall establish controls to ensure that the |
|
corporation uses its money as required by this section. |
|
(e) This subsection and Subsection (a-1) expire December |
|
31, 2009. (Acts 62nd Leg., R.S., Ch. 59, Sec. 5B.) |
|
Sec.1020.117.AUTHORITY TO SUE AND BE SUED. (a) The |
|
district, through the board, may sue and be sued. |
|
(b) The district is entitled to all causes of action and |
|
defenses to which similar authorities performing only governmental |
|
functions are entitled. (Acts 62nd Leg., R.S., Ch. 59, Sec. 5 |
|
(part).) |
|
[Sections 1020.118-1020.150 reserved for expansion] |
|
SUBCHAPTER D. CHANGE IN BOUNDARIES |
|
Sec.1020.151.TERRITORY THAT MAY BE ANNEXED. (a) The |
|
district may annex territory that is not located in: |
|
(1) Deaf Smith County; |
|
(2) the boundaries of another hospital district; or |
|
(3) the proposed boundaries of another hospital |
|
district authorized by the legislature under Section 9, Article IX, |
|
Texas Constitution. |
|
(b) Territory may be annexed in one or more tracts. Each |
|
tract must be contiguous to: |
|
(1) the district; or |
|
(2) territory proposed to be annexed to the district. |
|
(Acts 62nd Leg., R.S., Ch. 59, Sec. 1A (part).) |
|
Sec.1020.152.PETITION TO ANNEX TERRITORY. (a) A petition |
|
requesting that territory be annexed to the district may be |
|
presented to the board. The petition must: |
|
(1) describe the tract or tracts of land to be annexed; |
|
and |
|
(2) be signed by 100 or a majority of the registered |
|
voters who: |
|
(A) reside in the territory to be annexed; and |
|
(B) own property that will be subject to district |
|
taxation if the territory is annexed. |
|
(b) This chapter does not prohibit simultaneous action on |
|
several petitions for annexation. Each ballot proposition must be |
|
submitted for each different territory proposed to be annexed, and |
|
an election held in each territory represented by a petition. |
|
(c) If the board receives two or more petitions for |
|
annexation that include all or part of the same territory to be |
|
annexed to the district, the petition filed first with the board |
|
shall be considered and another petition that includes any of the |
|
same territory has no effect. |
|
(d) The board may consider all petitions for annexation |
|
presented to it and may approve or reject each petition. The board |
|
may not partly approve or partly reject any petition. (Acts 62nd |
|
Leg., R.S., Ch. 59, Sec. 1A (part).) |
|
Sec.1020.153.ELECTION ORDER. (a) If, on receipt of a |
|
petition, the board finds that annexing the territory is in the |
|
district's best interest, the board shall within 90 days of the |
|
board's finding: |
|
(1) approve the annexation of the territory described |
|
in the petition; and |
|
(2) order an election on the question of annexing the |
|
territory to the district. |
|
(b) The election order shall provide for a separate |
|
election: |
|
(1) in the territory proposed to be annexed; and |
|
(2) in the district. |
|
(c) The election order shall provide for clerks as in county |
|
elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the form of ballot; and |
|
(4) the presiding judge and alternate judge for each |
|
polling place. |
|
(d) The election order may provide that: |
|
(1) the entire district is one election precinct; or |
|
(2) the county election precincts be combined for the |
|
election. (Acts 62nd Leg., R.S., Ch. 59, Secs. 1A (part), 3(a) |
|
(part).) |
|
Sec.1020.154.BALLOT. The ballot for the election shall be |
|
printed to permit voting for or against the proposition: "The |
|
establishment of the Deaf Smith County Hospital District with |
|
extended boundaries and establishment of a hospital district tax at |
|
a rate not to exceed 50 cents on the $100 valuation on all taxable |
|
property in the extended boundaries of the hospital district that |
|
is subject to hospital district taxation for hospital purposes." |
|
(Acts 62nd Leg., R.S., Ch. 59, Sec. 1A (part).) |
|
Sec.1020.155.NOTICE OF ELECTION. (a) Notice of the |
|
election shall be given by publishing once a week for two |
|
consecutive weeks a substantial copy of the election order in a |
|
newspaper or newspapers that individually or collectively have |
|
general circulation in the county or district. |
|
(b) The first publication must appear at least 30 days |
|
before the date of the election. (Acts 62nd Leg., R.S., Ch. 59, |
|
Secs. 1A (part), 3(a) (part).) |
|
Sec.1020.156.ELECTION RESULTS. (a) Territory may not be |
|
annexed to the district unless: |
|
(1) an election is held in accordance with this |
|
subchapter; and |
|
(2) the annexation is approved by a majority of the |
|
voters voting in the election in: |
|
(A) the district; and |
|
(B) the territory proposed to be annexed. |
|
(b) If the territory is annexed to the district, a certified |
|
copy of the order canvassing the returns of the election shall be |
|
filed and recorded in the deed records of each county in which the |
|
district is located following the annexation election. |
|
(c) An election may not be held under this subchapter |
|
within six months of an election previously held under this |
|
subchapter. (Acts 62nd Leg., R.S., Ch. 59, Secs. 1A (part), 3(a) |
|
(part).) |
|
Sec.1020.157.EFFECT OF ANNEXATION. (a) Territory |
|
annexed to the district is part of the district for all purposes. |
|
(b) The annexation of territory to the district does not |
|
change the manner in which the board or district officers are |
|
selected. (Acts 62nd Leg., R.S., Ch. 59, Sec. 1A (part).) |
|
[Sections 1020.158-1020.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec.1020.201.BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand in each district fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the proposed budget; |
|
(7) the estimated tax rate required; and |
|
(8) the proposed expenditures and disbursements and |
|
the estimated receipts and collections for the following fiscal |
|
year. (Acts 62nd Leg., R.S., Ch. 59, Sec. 6 (part).) |
|
Sec.1020.202.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) At least 10 days before the date of the hearing, notice |
|
of the hearing shall be published one time in a newspaper or |
|
newspapers that individually or collectively have general |
|
circulation in the district. |
|
(c) Any property taxpayer of the district is entitled to be |
|
present and participate at the hearing in accordance with the rules |
|
of decorum and procedures prescribed by the board. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interest of the taxpayers |
|
and that the law warrants. (Acts 62nd Leg., R.S., Ch. 59, Sec. 6 |
|
(part).) |
|
Sec.1020.203.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 62nd Leg., R.S., Ch. 59, Sec. 6 (part).) |
|
Sec.1020.204.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 62nd Leg., R.S., Ch. 59, Sec. 6 (part).) |
|
Sec.1020.205.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed more than once in a |
|
24-month period. (Acts 62nd Leg., R.S., Ch. 59, Sec. 6 (part).) |
|
Sec.1020.206.AUDIT. (a) The board shall have an |
|
independent audit made of the district's financial condition for |
|
the fiscal year. |
|
(b) As soon as the audit is completed, the audit shall be |
|
filed at the district's office. (Acts 62nd Leg., R.S., Ch. 59, Sec. |
|
6 (part).) |
|
Sec.1020.207.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
The audit and other district records shall be open to inspection at |
|
the district's principal office. (Acts 62nd Leg., R.S., Ch. 59, |
|
Sec. 6 (part).) |
|
Sec.1020.208.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 62nd Leg., R.S., Ch. 59, Sec. 6 (part).) |
|
Sec.1020.209.DEPOSITORY. (a) The board shall select one |
|
or more banks inside or outside the district to serve as a |
|
depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1020.210, and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to place a part of district money on time |
|
deposit or to purchase certificates of deposit. (Acts 62nd Leg., |
|
R.S., Ch. 59, Sec. 11.) |
|
Sec.1020.210.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as provided by Section 1020.108(c) and Subchapter F, the |
|
district may not incur an obligation payable from district revenue |
|
other than the revenue on hand or to be on hand in the current and |
|
following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 62nd Leg., R.S., Ch. 59, Secs. 5 |
|
(part), 10 (part).) |
|
[Sections 1020.211-1020.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec.1020.251.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital, |
|
medical, or health care purposes. (Acts 62nd Leg., R.S., Ch. 59, |
|
Sec. 7 (part).) |
|
Sec.1020.252.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1020.251, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
tax rate approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 62nd Leg., R.S., Ch. 59, Sec. 7 |
|
(part).) |
|
Sec.1020.253.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The order calling the election shall provide for clerks |
|
as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum maturity of the bonds; and |
|
(6) the maximum interest rate of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. (Acts 62nd Leg., R.S., Ch. 59, |
|
Sec. 7 (part).) |
|
Sec.1020.254.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital, medical, or health |
|
care purposes; or |
|
(2) acquire sites to be used for hospital, medical, or |
|
health care purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital or medical or health care facilities. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
62nd Leg., R.S., Ch. 59, Sec. 8(b) (part).) |
|
Sec.1020.255.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 62nd |
|
Leg., R.S., Ch. 59, Secs. 8(a) (part), (b) (part).) |
|
Sec.1020.256.MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after the date of issuance. (Acts |
|
62nd Leg., R.S., Ch. 59, Sec. 8(c) (part).) |
|
Sec.1020.257.EXECUTION OF BONDS. (a) The board president |
|
shall execute district bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 62nd Leg., |
|
R.S., Ch. 59, Sec. 8(c) (part).) |
|
Sec.1020.258.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 62nd |
|
Leg., R.S., Ch. 59, Sec. 21 (part).) |
|
[Sections 1020.259-1020.300 reserved for expansion] |
|
SUBCHAPTER G. TAXES |
|
Sec.1020.301.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds or other obligations issued or assumed by the district for |
|
hospital purposes; |
|
(2) provide for the operation and maintenance of the |
|
district and hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 62nd Leg., R.S., Ch. 59, |
|
Secs. 12 (part), 15(a) (part).) |
|
Sec.1020.302.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 50 cents on each $100 valuation of the |
|
taxable property in the district, unless the tax rate is increased |
|
as provided by Section 1020.303. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 62nd |
|
Leg., R.S., Ch. 59, Secs. 3(b) (part), 12 (part).) |
|
Sec.1020.303.ELECTION TO INCREASE MAXIMUM TAX RATE. (a) |
|
The board may order an election to increase the district's maximum |
|
tax rate to a rate not to exceed 75 cents on each $100 valuation of |
|
taxable property in the district. |
|
(b) The maximum tax rate may not be increased unless the |
|
increase is approved by a majority of the district voters voting in |
|
an election held for that purpose. |
|
(c) An election held under this section must be ordered and |
|
notice must be given in the manner provided for a bond election |
|
under Subchapter F. |
|
(d) The election order must specify: |
|
(1) the ballot proposition; |
|
(2) the proposed maximum tax rate; |
|
(3) the time of the election; |
|
(4) the location of the polling places; and |
|
(5) the presiding judge for each polling place. (Acts |
|
62nd Leg., R.S., Ch. 59, Sec. 3(d).) |
|
Sec. 1020.304. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
elects to have taxes assessed and collected under Section 1020.305. |
|
(b) The tax assessor-collector of Deaf Smith County shall |
|
assess and collect taxes imposed by the district. (Acts 62nd Leg., |
|
R.S., Ch. 59, Secs. 15(a) (part), (b) (part).) |
|
Sec. 1020.305. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
assessed and collected by a tax assessor-collector appointed by the |
|
board. An election under this subsection must be made by December 1 |
|
and governs the manner in which taxes are assessed and collected, |
|
until changed by a similar resolution. |
|
(b) The district tax assessor-collector must: |
|
(1) reside in the district; and |
|
(2) own real property subject to district taxation. |
|
(c) The board shall set for the district tax |
|
assessor-collector: |
|
(1) the terms of employment; and |
|
(2) compensation. (Acts 62nd Leg., R.S., Ch. 59, |
|
Secs. 15(a) (part), (c) (part).) |
|
[Sections 1020.306-1020.350 reserved for expansion] |
|
SUBCHAPTER H. DISSOLUTION |
|
Sec.1020.351.DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved as provided by this subchapter. |
|
(b) The board may order an election on the question of |
|
dissolving the district and transferring the district's assets and |
|
obligations to Deaf Smith County. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 50 |
|
registered voters in the district. |
|
(d) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 62nd Leg., R.S., Ch. 59, |
|
Secs. 19A(a), (b), (c) (part).) |
|
Sec.1020.352.BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Deaf Smith County Hospital |
|
District and the transfer of the existing district assets to and the |
|
assumption of debts and bond obligations by Deaf Smith County." |
|
(Acts 62nd Leg., R.S., Ch. 59, Sec. 19A(d) (part).) |
|
Sec.1020.353.ELECTION RESULTS. (a) If a majority of the |
|
votes in the election favor dissolution and transfer of the |
|
district's assets and obligations, the board shall: |
|
(1) find that the district is dissolved; and |
|
(2) transfer the district's assets and obligations to |
|
Deaf Smith County as provided by Section 1020.354. |
|
(b) If a majority of the votes in the election do not favor |
|
dissolution and transfer of the district's assets and obligations, |
|
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 date of the most recent election at which |
|
voters disapproved the proposition. (Acts 62nd Leg., R.S., Ch. 59, |
|
Sec. 19A(e).) |
|
Sec.1020.354.TRANSFER OF DISTRICT ASSETS. (a) If a |
|
majority of the votes in an election held under this subchapter |
|
favor dissolution and transfer of the district's assets and |
|
obligations, the board shall transfer to Deaf Smith County the |
|
land, buildings, improvements, equipment, and other assets that |
|
belong to the district. |
|
(b) Deaf Smith County assumes all debts and obligations of |
|
the district at the time of the transfer. (Acts 62nd Leg., R.S., |
|
Ch. 59, Sec. 19A(f).) |
|
CHAPTER 1021. DONLEY COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1021.001. DEFINITIONS |
|
Sec. 1021.002. AUTHORITY FOR OPERATION |
|
Sec. 1021.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1021.004. DISTRICT TERRITORY |
|
Sec. 1021.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1021.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1021.007. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1021.008-1021.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1021.051. BOARD ELECTION; TERM |
|
Sec. 1021.052. NOTICE OF RUNOFF ELECTION |
|
Sec. 1021.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1021.054. BOND |
|
Sec. 1021.055. BOARD VACANCY |
|
Sec. 1021.056. OFFICERS |
|
Sec. 1021.057. COMPENSATION; EXPENSES |
|
Sec. 1021.058. VOTING REQUIREMENT |
|
Sec. 1021.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
DISTRICT ADMINISTRATORS |
|
Sec. 1021.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1021.061. APPOINTMENT AND DISMISSAL OF STAFF AND |
|
EMPLOYEES |
|
Sec. 1021.062. SENIORITY; RETIREMENT BENEFITS |
|
[Sections 1021.063-1021.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1021.101. DISTRICT RESPONSIBILITY |
|
Sec. 1021.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1021.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1021.104. HOSPITAL SYSTEM |
|
Sec. 1021.105. RULES |
|
Sec. 1021.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1021.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1021.108. EMINENT DOMAIN |
|
Sec. 1021.109. GIFTS AND ENDOWMENTS |
|
Sec. 1021.110. CONSTRUCTION OR PURCHASE CONTRACTS |
|
Sec. 1021.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1021.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR HOSPITAL TREATMENT |
|
Sec. 1021.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1021.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1021.115. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1021.116-1021.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1021.151. BUDGET |
|
Sec. 1021.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1021.153. AMENDMENTS TO BUDGET |
|
Sec. 1021.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1021.155. FISCAL YEAR |
|
Sec. 1021.156. AUDIT |
|
Sec. 1021.157. INSPECTION OF AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1021.158. FINANCIAL REPORT |
|
Sec. 1021.159. DEPOSITORY |
|
Sec. 1021.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1021.161-1021.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1021.201. GENERAL OBLIGATION BONDS |
|
Sec. 1021.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1021.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1021.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1021.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1021.206. REVENUE BONDS |
|
Sec. 1021.207. REFUNDING BONDS |
|
Sec. 1021.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1021.209-1021.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1021.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1021.252. TAX RATE |
|
Sec. 1021.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR |
|
Sec. 1021.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1021. DONLEY COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1021.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Donley County Hospital |
|
District. (New.) |
|
Sec.1021.002.AUTHORITY FOR OPERATION. The district |
|
operates in accordance with Section 9, Article IX, Texas |
|
Constitution. (Acts 61st Leg., R.S., Ch. 699, Sec. 1 (part).) |
|
Sec.1021.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 61st Leg., R.S., Ch. 699, Sec. 20 (part).) |
|
Sec.1021.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Donley County, |
|
Texas. (Acts 61st Leg., R.S., Ch. 699, Sec. 1 (part).) |
|
Sec.1021.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 61st Leg., R.S., Ch. 699, Sec. 21 (part).) |
|
Sec. 1021.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 61st |
|
Leg., R.S., Ch. 699, Sec. 19 (part).) |
|
Sec.1021.007.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 61st Leg., R.S., Ch. 699, Sec. 19 (part).) |
|
[Sections 1021.008-1021.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1021.051.BOARD ELECTION; TERM. (a) The board |
|
consists of seven directors elected from the district by position. |
|
To be elected, a candidate must receive a majority of the votes cast |
|
in the election for that position. |
|
(b) The official ballot must indicate the position number of |
|
each office to be voted on at the election. |
|
(c) A candidate may run for only one position at each |
|
election. |
|
(d) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; and |
|
(2) the terms of directors elected to positions 1 |
|
through 3 expire in odd-numbered years and the terms of directors |
|
elected to positions 4 through 7 expire in even-numbered years. |
|
(Acts 61st Leg., R.S., Ch. 699, Sec. 3(c) (part).) |
|
Sec.1021.052.NOTICE OF RUNOFF ELECTION. At least seven |
|
days before the date of a runoff election of directors, notice of |
|
the runoff election shall be published one time in a newspaper of |
|
general circulation in Donley County. (Acts 61st Leg., R.S., Ch. |
|
699, Sec. 3(c) (part).) |
|
Sec.1021.053.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) a district resident; |
|
(2) a freeholder; and |
|
(3) a qualified voter. |
|
(b) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; |
|
(2) a district employee; or |
|
(3) a hospital staff member. (Acts 61st Leg., R.S., |
|
Ch. 699, Sec. 3(d).) |
|
Sec.1021.054.BOND. (a) Each director shall execute a |
|
good and sufficient bond for $1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district shall pay for the directors' bonds. (Acts |
|
61st Leg., R.S., Ch. 699, Sec. 3(c) (part).) |
|
Sec.1021.055.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the board shall appoint a director for the |
|
unexpired term. (Acts 61st Leg., R.S., Ch. 699, Sec. 3(c) (part).) |
|
Sec.1021.056.OFFICERS. (a) The board shall elect: |
|
(1) a president and a vice president from among its |
|
members; and |
|
(2) a secretary, who need not be a director. |
|
(b) Each officer of the board serves for a term of one year. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 61st Leg., R.S., Ch. 699, Sec. 3(e) (part).) |
|
Sec.1021.057.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 61st Leg., R.S., Ch. |
|
699, Sec. 3(e) (part).) |
|
Sec.1021.058.VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 61st Leg., R.S., Ch. 699, Sec. 3(e) (part).) |
|
Sec. 1021.059. DISTRICT ADMINISTRATOR; ASSISTANT DISTRICT |
|
ADMINISTRATORS. (a) The board may appoint a qualified person as |
|
district administrator. |
|
(b) The board may appoint one or more assistant |
|
administrators. |
|
(c) The district administrator and any assistant |
|
administrator serve at the will of the board and are entitled to the |
|
compensation determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 61st Leg., R.S., Ch. 699, Sec. 4 (part).) |
|
Sec.1021.060.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 61st |
|
Leg., R.S., Ch. 699, Sec. 4 (part).) |
|
Sec. 1021.061. APPOINTMENT AND DISMISSAL OF STAFF AND |
|
EMPLOYEES. (a) The board may appoint to or dismiss from the staff |
|
any doctors the board considers necessary for the efficient |
|
operation of the district and may make temporary appointments as |
|
necessary. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to hire district employees, including technicians and |
|
nurses. (Acts 61st Leg., R.S., Ch. 699, Secs. 4 (part), 15.) |
|
Sec.1021.062.SENIORITY; RETIREMENT BENEFITS. The board |
|
may: |
|
(1) adopt rules related to the seniority of district |
|
employees, including rules for a retirement plan based on |
|
seniority; and |
|
(2) give effect to previous years of service for |
|
district employees continuously employed in the operation or |
|
management of hospital facilities acquired or constructed by the |
|
district. (Acts 61st Leg., R.S., Ch. 699, Sec. 4 (part).) |
|
[Sections 1021.063-1021.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1021.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating all hospital facilities for |
|
providing medical and hospital care for the district's needy |
|
inhabitants. (Acts 61st Leg., R.S., Ch. 699, Sec. 18 (part).) |
|
Sec. 1021.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located within the |
|
district or that has the same boundaries as the district may not |
|
impose a tax or issue bonds or other obligations for hospital |
|
purposes or to provide medical care. (Acts 61st Leg., R.S., Ch. |
|
699, Sec. 18 (part).) |
|
Sec.1021.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 61st Leg., R.S., Ch. |
|
699, Sec. 4 (part).) |
|
Sec.1021.104.HOSPITAL SYSTEM. The hospital system, as |
|
determined by the board, may include: |
|
(1) facilities for domiciliary care of the sick, |
|
injured, or geriatric; |
|
(2) facilities for outpatient clinics; |
|
(3) dispensaries; |
|
(4) convalescent home facilities; |
|
(5) necessary nurses centers; |
|
(6) research centers or laboratories; |
|
(7) nursing homes or similar facilities for the care |
|
of the elderly; and |
|
(8) any other facilities the board considers necessary |
|
for hospital care. (Acts 61st Leg., R.S., Ch. 699, Sec. 8 (part).) |
|
Sec.1021.105.RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 61st Leg., R.S., Ch. 699, |
|
Sec. 4 (part).) |
|
Sec.1021.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 61st |
|
Leg., R.S., Ch. 699, Sec. 9 (part).) |
|
Sec. 1021.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system. |
|
(b) The board may contract with the Health and Human |
|
Services Commission to lease all or part of the district's |
|
buildings and other facilities on terms considered to be in the best |
|
interest of the district's inhabitants. The term of the lease may |
|
not exceed 25 years. |
|
(c) The district may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the property as |
|
security for the payment of the purchase price. A contract entered |
|
into under this subsection must provide that the entire obligation |
|
be retired not later than the fifth anniversary of the date of the |
|
contract. |
|
(d) The district may sell or otherwise dispose of any |
|
property, including equipment, on terms the board finds are in the |
|
best interest of the district's inhabitants. (Acts 61st Leg., |
|
R.S., Ch. 699, Secs. 8 (part), 9 (part).) |
|
Sec.1021.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary for the district to exercise |
|
a power, right, or privilege conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 61st Leg., R.S., Ch. 699, Sec. |
|
13.) |
|
Sec.1021.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 61st Leg., R.S., Ch. 699, |
|
Sec. 17.) |
|
Sec.1021.110.CONSTRUCTION OR PURCHASE CONTRACTS. A |
|
construction or purchase contract that involves the expenditure of |
|
more than $2,000 may be made only after advertising in the manner |
|
provided by Chapter 252 and Subchapter C, Chapter 262, Local |
|
Government Code. (Acts 61st Leg., R.S., Ch. 699, Sec. 9 (part).) |
|
Sec.1021.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 61st Leg., R.S., Ch. 699, Sec. 8 |
|
(part).) |
|
Sec. 1021.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
HOSPITAL TREATMENT. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries for the |
|
hospitalization of a sick or injured person of that county or |
|
municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for the hospital treatment of a sick or injured person. |
|
(Acts 61st Leg., R.S., Ch. 699, Sec. 4 (part).) |
|
Sec. 1021.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district to |
|
provide investigatory or other services as to the hospital or |
|
welfare needs of district inhabitants. (Acts 61st Leg., R.S., Ch. |
|
699, Sec. 4 (part).) |
|
Sec.1021.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment in the hospital, the amount of the costs that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(f) The final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 61st Leg., R.S., Ch. 699, Sec. 16.) |
|
Sec.1021.115.AUTHORITY TO SUE AND BE SUED. (a) The |
|
district, through the board, may sue and be sued. |
|
(b) The district is entitled to all causes of action and |
|
defenses to which similar authorities are entitled. (Acts 61st |
|
Leg., R.S., Ch. 699, Sec. 4 (part).) |
|
[Sections 1021.116-1021.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1021.151.BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand in each district fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the proposed budget; |
|
(7) the estimated tax rate required; and |
|
(8) the proposed expenditures and disbursements and |
|
the estimated receipts and collections for the following fiscal |
|
year. (Acts 61st Leg., R.S., Ch. 699, Sec. 5 (part).) |
|
Sec.1021.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) At least 10 days before the date of the hearing, notice |
|
of the hearing shall be published one time in a newspaper or |
|
newspapers that individually or collectively have general |
|
circulation in the district. |
|
(c) Any property taxpayer of the district is entitled to be |
|
present and participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interest of the taxpayers |
|
and that the law warrants. (Acts 61st Leg., R.S., Ch. 699, Sec. 5 |
|
(part).) |
|
Sec.1021.153.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 61st Leg., R.S., Ch. 699, Sec. 5 (part).) |
|
Sec.1021.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 61st Leg., R.S., Ch. 699, Sec. 5 (part).) |
|
Sec.1021.155.FISCAL YEAR. The district operates on a |
|
fiscal year that begins on July 1 and ends on June 30. (Acts 61st |
|
Leg., R.S., Ch. 699, Sec. 5 (part).) |
|
Sec.1021.156.AUDIT. (a) The district shall have an |
|
independent audit made of the district's financial condition for |
|
the fiscal year. |
|
(b) As soon as the audit is completed, the audit shall be |
|
filed at the district's office. (Acts 61st Leg., R.S., Ch. 699, |
|
Sec. 5 (part).) |
|
Sec.1021.157.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
The audit and other district records shall be open to inspection at |
|
the district's principal office. (Acts 61st Leg., R.S., Ch. 699, |
|
Sec. 5 (part).) |
|
Sec.1021.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 61st Leg., R.S., Ch. 699, Sec. 5 (part).) |
|
Sec.1021.159.DEPOSITORY. (a) The board shall select one |
|
or more banks in the district to serve as a depository for district |
|
money. |
|
(b) District money, other than money invested as provided by |
|
Section 1021.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued by the district, shall be deposited as |
|
received with the depository bank and shall remain on deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to place a part of district money on time |
|
deposit or to purchase certificates of deposit. (Acts 61st Leg., |
|
R.S., Ch. 699, Sec. 10.) |
|
Sec.1021.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as provided by Section 1021.107(c) and by Subchapter E, the |
|
district may not incur an obligation payable from district revenue |
|
other than the revenue on hand or to be on hand in the current and |
|
following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building fund reserves only in funds or securities specified by |
|
Chapter 2256, Government Code. (Acts 61st Leg., R.S., Ch. 699, |
|
Secs. 4 (part), 9 (part).) |
|
[Sections 1021.161-1021.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1021.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 61st Leg., R.S., Ch. 699, Sec. 6(a) (part).) |
|
Sec.1021.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1021.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
tax rate approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 61st Leg., R.S., Ch. 699, Sec. 6(a) |
|
(part).) |
|
Sec.1021.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The order calling the election shall provide for clerks |
|
as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum interest rate of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. (Acts 61st Leg., R.S., Ch. 699, |
|
Sec. 6(a) (part).) |
|
Sec.1021.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 61st Leg., R.S., Ch. 699, |
|
Sec. 6(d) (part).) |
|
Sec.1021.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 61st Leg., |
|
R.S., Ch. 699, Sec. 6(d) (part).) |
|
Sec.1021.206.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for the district's hospital |
|
system facilities; or |
|
(2) acquire sites to be used for the district's |
|
hospital system facilities. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be used in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
61st Leg., R.S., Ch. 699, Sec. 7 (part).) |
|
Sec.1021.207.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding |
|
indebtedness issued or assumed by the district. |
|
(b) Refunding bonds may be: |
|
(1) sold, with the proceeds of the refunding bonds |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 61st |
|
Leg., R.S., Ch. 699, Secs. 6(a) (part), (c) (part), 7 (part).) |
|
Sec.1021.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 61st |
|
Leg., R.S., Ch. 699, Sec. 20 (part).) |
|
[Sections 1021.209-1021.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1021.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds and other obligations issued or assumed by the district for |
|
hospital purposes; |
|
(2) provide for the operation and maintenance of the |
|
district and hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 61st Leg., R.S., Ch. 699, |
|
Secs. 2(b) (part), 11 (part).) |
|
Sec.1021.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 61st |
|
Leg., R.S., Ch. 699, Secs. 2(b) (part), 11 (part).) |
|
Sec. 1021.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
elects to have taxes assessed and collected under Section 1021.254. |
|
(b) The tax assessor-collector of Donley County shall |
|
assess and collect taxes imposed by the district. (Acts 61st Leg., |
|
R.S., Ch. 699, Sec. 14 (part).) |
|
Sec. 1021.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
assessed and collected by a tax assessor-collector appointed by the |
|
board. An election under this subsection must be made by December 1 |
|
and governs the manner in which taxes are assessed and collected, |
|
until changed by a similar resolution. |
|
(b) The district tax assessor-collector must: |
|
(1) reside in the district; and |
|
(2) own real property subject to district taxation. |
|
(c) The board shall set for the district tax |
|
assessor-collector: |
|
(1) the terms of employment; and |
|
(2) compensation. (Acts 61st Leg., R.S., Ch. 699, |
|
Sec. 14 (part).) |
|
CHAPTER 1022. EAST COKE COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1022.001. DEFINITIONS |
|
Sec. 1022.002. AUTHORITY FOR CREATION |
|
Sec. 1022.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1022.004. DISTRICT TERRITORY |
|
Sec. 1022.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1022.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1022.007. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1022.008-1022.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1022.051. BOARD ELECTION; TERM |
|
Sec. 1022.052. NOTICE OF ELECTION |
|
Sec. 1022.053. BALLOT PETITION |
|
Sec. 1022.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1022.055. BOND |
|
Sec. 1022.056. BOARD VACANCY |
|
Sec. 1022.057. OFFICERS |
|
Sec. 1022.058. COMPENSATION; EXPENSES |
|
Sec. 1022.059. VOTING REQUIREMENT |
|
Sec. 1022.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1022.061. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1022.062. EMPLOYEES; APPOINTMENT AND DISMISSAL OF |
|
STAFF; CONTRACT WITH DOCTORS |
|
Sec. 1022.063. INDEPENDENT CONTRACTS |
|
Sec. 1022.064. SENIORITY; RETIREMENT BENEFITS |
|
[Sections 1022.065-1022.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1022.101. DISTRICT RESPONSIBILITY |
|
Sec. 1022.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1022.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1022.104. HOSPITAL SYSTEM |
|
Sec. 1022.105. RULES |
|
Sec. 1022.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1022.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1022.108. EMINENT DOMAIN |
|
Sec. 1022.109. GIFTS AND ENDOWMENTS |
|
Sec. 1022.110. CONSTRUCTION OR PURCHASE CONTRACTS |
|
Sec. 1022.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1022.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1022.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1022.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1022.115. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1022.116-1022.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1022.151. BUDGET |
|
Sec. 1022.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1022.153. AMENDMENTS TO BUDGET |
|
Sec. 1022.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1022.155. FISCAL YEAR |
|
Sec. 1022.156. AUDIT |
|
Sec. 1022.157. INSPECTION OF AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1022.158. FINANCIAL REPORT |
|
Sec. 1022.159. DEPOSITORY |
|
Sec. 1022.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1022.161-1022.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1022.201. GENERAL OBLIGATION BONDS |
|
Sec. 1022.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1022.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1022.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1022.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1022.206. REVENUE BONDS |
|
Sec. 1022.207. REFUNDING BONDS |
|
Sec. 1022.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1022.209-1022.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1022.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1022.252. TAX RATE |
|
Sec. 1022.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR |
|
Sec. 1022.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1022. EAST COKE COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1022.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the East Coke County Hospital |
|
District. (New.) |
|
Sec.1022.002.AUTHORITY FOR CREATION. The district is |
|
created under the authority of Section 9, Article IX, Texas |
|
Constitution. (Acts 61st Leg., R.S., Ch. 444, Sec. 1.) |
|
Sec.1022.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 61st Leg., R.S., Ch. 444, Sec. 22 (part).) |
|
Sec.1022.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of County |
|
Commissioners Precincts 2 and 4 of Coke County, Texas, as those |
|
boundaries existed on April 16, 1969. (Acts 61st Leg., R.S., Ch. |
|
444, Sec. 2.) |
|
Sec.1022.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 61st Leg., R.S., Ch. 444, Sec. 23 (part).) |
|
Sec. 1022.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 61st |
|
Leg., R.S., Ch. 444, Sec. 21 (part).) |
|
Sec.1022.007.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 61st Leg., R.S., Ch. 444, Sec. 21 (part).) |
|
[Sections 1022.008-1022.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1022.051.BOARD ELECTION; TERM. (a) The board |
|
consists of five directors elected from the district at large. |
|
(b) Directors serve staggered two-year terms unless |
|
four-year terms are established under Section 285.081, Health and |
|
Safety Code. (Acts 61st Leg., R.S., Ch. 444, Sec. 5(a) (part).) |
|
Sec.1022.052.NOTICE OF ELECTION. At least 30 days before |
|
the date of an election of directors, notice of the election shall |
|
be published one time in a newspaper or newspapers that |
|
individually or collectively have general circulation in the |
|
district. (Acts 61st Leg., R.S., Ch. 444, Sec. 5(a) (part).) |
|
Sec.1022.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by at least 10 qualified property taxpaying |
|
voters; and |
|
(2) filed at least 10 days before the date of the |
|
election. (Acts 61st Leg., R.S., Ch. 444, Sec. 5(a) (part).) |
|
Sec.1022.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) a district resident; |
|
(2) a freeholder; and |
|
(3) a qualified voter. |
|
(b) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; |
|
(2) a district employee; or |
|
(3) a hospital staff member. (Acts 61st Leg., R.S., |
|
Ch. 444, Sec. 5(b).) |
|
Sec.1022.055.BOND. (a) Each director shall execute a |
|
good and sufficient bond for $10,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district shall pay for the directors' bonds. (Acts |
|
61st Leg., R.S., Ch. 444, Sec. 5(a) (part).) |
|
Sec.1022.056.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 61st Leg., R.S., Ch. 444, |
|
Sec. 5(a) (part).) |
|
Sec.1022.057.OFFICERS. (a) The board shall elect: |
|
(1) a president and a vice president from among its |
|
members; and |
|
(2) a secretary, who need not be a director. |
|
(b) Each officer of the board serves for a term of one year. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 61st Leg., R.S., Ch. 444, Sec. 5(c) (part).) |
|
Sec.1022.058.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 61st Leg., R.S., Ch. |
|
444, Sec. 5(c) (part).) |
|
Sec.1022.059.VOTING REQUIREMENT. A concurrence of three |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 61st Leg., R.S., Ch. 444, Sec. 5(c) (part).) |
|
Sec. 1022.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board may appoint a qualified person as a |
|
district administrator. |
|
(b) The board may appoint one or more assistant |
|
administrators. |
|
(c) The district administrator and any assistant |
|
administrator serve at the will of the board and are entitled to the |
|
compensation determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 61st Leg., R.S., Ch. 444, Sec. 6 (part).) |
|
Sec.1022.061.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 61st |
|
Leg., R.S., Ch. 444, Sec. 6 (part).) |
|
Sec. 1022.062. EMPLOYEES; APPOINTMENT AND DISMISSAL OF |
|
STAFF; CONTRACT WITH DOCTORS. (a) The board may appoint to or |
|
dismiss from the staff or contract with any doctors the board |
|
considers necessary for the efficient operation of the district and |
|
may make temporary appointments as necessary. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to hire district employees, including technicians and |
|
nurses. (Acts 61st Leg., R.S., Ch. 444, Secs. 6 (part), 17.) |
|
Sec.1022.063.INDEPENDENT CONTRACTS. For any purpose |
|
permitted by applicable state law, the board may enter into an |
|
independent contract with: |
|
(1) a person licensed to practice medicine in this |
|
state; |
|
(2) a professional association that is organized under |
|
the Texas Professional Association Act (Article 1528f, Vernon's |
|
Texas Civil Statutes); or |
|
(3) a nonprofit organization that is organized under |
|
and in compliance with Subchapter A, Chapter 162, Occupations Code. |
|
(Acts 61st Leg., R.S., Ch. 444, Sec. 6 (part).) |
|
Sec.1022.064.SENIORITY; RETIREMENT BENEFITS. The board |
|
may adopt rules relating to the seniority of district employees, |
|
including rules for a retirement plan based on seniority. (Acts |
|
61st Leg., R.S., Ch. 444, Sec. 6 (part).) |
|
[Sections 1022.065-1022.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1022.101.DISTRICT RESPONSIBILITY. (a) The district |
|
has full responsibility for providing hospital care for the |
|
district's indigent residents. |
|
(b) The district shall provide all necessary hospital and |
|
medical care for the district's needy inhabitants. (Acts 61st |
|
Leg., R.S., Ch. 444, Secs. 3 (part), 20 (part).) |
|
Sec. 1022.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision of this state, other |
|
than the district, may not impose a tax or issue bonds or other |
|
obligations for hospital purposes or to provide medical care. |
|
(Acts 61st Leg., R.S., Ch. 444, Secs. 3 (part), 20 (part).) |
|
Sec.1022.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 61st Leg., R.S., Ch. |
|
444, Sec. 6 (part).) |
|
Sec.1022.104.HOSPITAL SYSTEM. (a) The district has the |
|
responsibility to establish a hospital or hospital system within |
|
its boundaries to provide hospital and medical care to the |
|
district's residents. |
|
(b) The hospital system may include: |
|
(1) facilities for domiciliary care of the sick, |
|
injured, or geriatric; |
|
(2) facilities for outpatient clinics; |
|
(3) dispensaries; |
|
(4) convalescent home facilities; |
|
(5) necessary nurses' domiciliaries and training |
|
centers; |
|
(6) blood banks; |
|
(7) community mental health centers; |
|
(8) research centers or laboratories; and |
|
(9) any other facilities the board considers necessary |
|
for hospital care. (Acts 61st Leg., R.S., Ch. 444, Secs. 3 (part), |
|
10 (part).) |
|
Sec.1022.105.RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 61st Leg., R.S., Ch. 444, |
|
Sec. 6 (part).) |
|
Sec.1022.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 61st |
|
Leg., R.S., Ch. 444, Sec. 11 (part).) |
|
Sec. 1022.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system. |
|
(b) The board may lease all or part of the district's |
|
buildings or other facilities on terms considered to be in the best |
|
interest of the district's inhabitants. The term of the lease may |
|
not exceed 25 years. |
|
(c) The district may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the property as |
|
security for the payment of the purchase price. A contract entered |
|
into under this subsection must provide that the entire obligation |
|
be retired not later than the fifth anniversary of the date of the |
|
contract. |
|
(d) The district may sell or otherwise dispose of any |
|
property, including equipment, on terms the board finds are in the |
|
best interest of the district's inhabitants. (Acts 61st Leg., |
|
R.S., Ch. 444, Secs. 10 (part), 11 (part).) |
|
Sec.1022.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary for the district to exercise |
|
a power, right, or privilege conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 61st Leg., R.S., Ch. 444, Sec. |
|
15.) |
|
Sec.1022.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 61st Leg., R.S., Ch. 444, |
|
Sec. 19.) |
|
Sec.1022.110.CONSTRUCTION OR PURCHASE CONTRACTS. A |
|
construction or purchase contract that involves the expenditure of |
|
more than $2,000 may be made only after advertising in the manner |
|
provided by Chapter 252 and Subchapter C, Chapter 262, Local |
|
Government Code. (Acts 61st Leg., R.S., Ch. 444, Sec. 11 (part).) |
|
Sec.1022.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 61st Leg., R.S., Ch. 444, Sec. 10 |
|
(part).) |
|
Sec. 1022.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries for the |
|
hospitalization of a sick or injured person of that county or |
|
municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for the hospital treatment of a sick or injured person. |
|
(Acts 61st Leg., R.S., Ch. 444, Sec. 6 (part).) |
|
Sec. 1022.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district to |
|
provide investigatory or other services for the hospital or welfare |
|
needs of district inhabitants. (Acts 61st Leg., R.S., Ch. 444, Sec. |
|
6 (part).) |
|
Sec.1022.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment in the hospital, the amount of the costs that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(f) A final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 61st Leg., R.S., Ch. 444, Sec. 18.) |
|
Sec.1022.115.AUTHORITY TO SUE AND BE SUED. (a) The |
|
district, through the board, may sue and be sued. |
|
(b) The district is entitled to all causes of action and |
|
defenses to which similar authorities are entitled. (Acts 61st |
|
Leg., R.S., Ch. 444, Sec. 6 (part).) |
|
[Sections 1022.116-1022.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1022.151.BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand in each district fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the proposed budget; |
|
(7) the estimated tax rate required; and |
|
(8) the proposed expenditures and disbursements and |
|
the estimated receipts and collections for the following fiscal |
|
year. (Acts 61st Leg., R.S., Ch. 444, Sec. 7 (part).) |
|
Sec.1022.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) At least 10 days before the date of the hearing, notice |
|
of the hearing shall be published one time in a newspaper or |
|
newspapers that individually or collectively have general |
|
circulation in the district. |
|
(c) Any property taxpayer of the district is entitled to be |
|
present and participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the taxpayers |
|
and that the law warrants. (Acts 61st Leg., R.S., Ch. 444, Sec. 7 |
|
(part).) |
|
Sec.1022.153.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 61st Leg., R.S., Ch. 444, Sec. 7 (part).) |
|
Sec.1022.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 61st Leg., R.S., Ch. 444, Sec. 7 (part).) |
|
Sec.1022.155.FISCAL YEAR. The district operates on a |
|
fiscal year that begins on July 1 and ends on June 30. (Acts 61st |
|
Leg., R.S., Ch. 444, Sec. 7 (part).) |
|
Sec.1022.156.AUDIT. (a) The district shall have an |
|
independent audit made of the district's financial condition for |
|
the fiscal year. |
|
(b) As soon as the audit is completed, the audit shall be |
|
filed at the district's office. (Acts 61st Leg., R.S., Ch. 444, |
|
Sec. 7 (part).) |
|
Sec.1022.157.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
The audit and other district records shall be open to inspection at |
|
the district's principal office. (Acts 61st Leg., R.S., Ch. 444, |
|
Sec. 7 (part).) |
|
Sec.1022.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 61st Leg., R.S., Ch. 444, Sec. 7 (part).) |
|
Sec.1022.159.DEPOSITORY. (a) The board shall select one |
|
or more banks in the district to serve as a depository for district |
|
money. |
|
(b) District money, other than money invested as provided by |
|
Section 1022.160(b), and money transmitted to a bank for payment of |
|
bonds or obligations issued by the district, shall be deposited as |
|
received with the depository bank and shall remain on deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to place a part of district money on time |
|
deposit or to purchase certificates of deposit. (Acts 61st Leg., |
|
R.S., Ch. 444, Sec. 12.) |
|
Sec.1022.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Section 1022.107(c) and by |
|
Subchapter E, the district may not incur an obligation payable from |
|
district revenue other than the revenue on hand or to be on hand in |
|
the current and following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 61st Leg., R.S., Ch. 444, Secs. 6 |
|
(part), 11 (part).) |
|
[Sections 1022.161-1022.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1022.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 61st Leg., R.S., Ch. 444, Sec. 8(a) (part).) |
|
Sec.1022.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued under Section |
|
1022.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
tax rate approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 61st Leg., R.S., Ch. 444, Sec. 8(a) |
|
(part).) |
|
Sec.1022.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The order calling the election shall provide for clerks |
|
as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum interest rate of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. (Acts 61st Leg., R.S., Ch. 444, |
|
Sec. 8(a) (part).) |
|
Sec.1022.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 61st Leg., R.S., Ch. 444, |
|
Sec. 8(d) (part).) |
|
Sec.1022.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 61st Leg., |
|
R.S., Ch. 444, Sec. 8(d) (part).) |
|
Sec.1022.206.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
61st Leg., R.S., Ch. 444, Sec. 9 (part).) |
|
Sec.1022.207.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding |
|
indebtedness issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the indebtedness to be refunded; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 61st |
|
Leg., R.S., Ch. 444, Secs. 8(a) (part), (c) (part), 9 (part).) |
|
Sec.1022.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 61st |
|
Leg., R.S., Ch. 444, Sec. 22 (part).) |
|
[Sections 1022.209-1022.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1022.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds or other obligations issued or assumed by the district for |
|
hospital purposes; |
|
(2) provide for the operation and maintenance of the |
|
district and hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 61st Leg., R.S., Ch. 444, |
|
Secs. 4(b) (part), 13 (part).) |
|
Sec.1022.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 61st |
|
Leg., R.S., Ch. 444, Secs. 4(b) (part), 13 (part).) |
|
Sec. 1022.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
elects to have taxes assessed and collected under Section 1022.254. |
|
(b) The tax assessor-collector of Coke County shall assess |
|
and collect taxes imposed by the district. (Acts 61st Leg., R.S., |
|
Ch. 444, Sec. 16 (part).) |
|
Sec. 1022.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
assessed and collected by a tax assessor-collector appointed by the |
|
board. An election under this subsection must be made by December 1 |
|
and governs the manner in which taxes are assessed and collected, |
|
until changed by a similar resolution. |
|
(b) The district tax assessor-collector must: |
|
(1) reside in the district; and |
|
(2) own real property subject to district taxation. |
|
(c) The board shall set for the district tax |
|
assessor-collector: |
|
(1) the terms of employment; and |
|
(2) compensation. (Acts 61st Leg., R.S., Ch. 444, |
|
Sec. 16 (part).) |
|
CHAPTER 1023. EASTLAND MEMORIAL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1023.001. DEFINITIONS |
|
Sec. 1023.002. AUTHORITY FOR OPERATION |
|
Sec. 1023.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1023.004. DISTRICT TERRITORY |
|
Sec. 1023.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1023.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1023.007-1023.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1023.051. BOARD ELECTION; TERMS |
|
Sec. 1023.052. NOTICE OF ELECTION |
|
Sec. 1023.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1023.054. BOARD VACANCY |
|
Sec. 1023.055. OFFICERS |
|
Sec. 1023.056. COMPENSATION; EXPENSES |
|
Sec. 1023.057. VOTING REQUIREMENT |
|
Sec. 1023.058. DISTRICT ADMINISTRATOR |
|
Sec. 1023.059. GENERAL DUTIES OF DISTRICT |
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ADMINISTRATOR |
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Sec. 1023.060. ASSISTANT DISTRICT ADMINISTRATOR; |
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ATTORNEY |
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Sec. 1023.061. EMPLOYEES; APPOINTMENT AND RECRUITMENT OF |
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STAFF |
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Sec. 1023.062. PERSONNEL CONTRACTS |
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Sec. 1023.063. RETIREMENT BENEFITS |
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[Sections 1023.064-1023.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 1023.101. DISTRICT RESPONSIBILITY |
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Sec. 1023.102. RESTRICTION ON COUNTY TAXATION AND DEBT |
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Sec. 1023.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
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Sec. 1023.104. RULES |
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Sec. 1023.105. PURCHASING AND ACCOUNTING PROCEDURES |
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Sec. 1023.106. DISTRICT PROPERTY, FACILITIES, AND |
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EQUIPMENT |
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Sec. 1023.107. EMINENT DOMAIN |
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Sec. 1023.108. COST OF RELOCATING OR ALTERING PROPERTY |
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Sec. 1023.109. GIFTS AND ENDOWMENTS |
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Sec. 1023.110. CONSTRUCTION CONTRACTS |
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Sec. 1023.111. OPERATING AND MANAGEMENT CONTRACTS |
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Sec. 1023.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
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FOR SERVICES |
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Sec. 1023.113. PROVISION OF CERTAIN HEALTH SERVICES |
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Sec. 1023.114. PAYMENT FOR TREATMENT; PROCEDURES |
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Sec. 1023.115. REIMBURSEMENT FOR SERVICES |
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Sec. 1023.116. AUTHORITY TO SUE AND BE SUED |
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[Sections 1023.117-1023.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 1023.151. BUDGET |
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Sec. 1023.152. NOTICE; HEARING; ADOPTION OF BUDGET |
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Sec. 1023.153. AMENDMENTS TO BUDGET |
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Sec. 1023.154. RESTRICTION ON EXPENDITURES |
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Sec. 1023.155. FISCAL YEAR |
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Sec. 1023.156. ANNUAL AUDIT |
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Sec. 1023.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
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RECORDS |
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Sec. 1023.158. FINANCIAL REPORT |
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Sec. 1023.159. DEPOSITORY |
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Sec. 1023.160. SPENDING AND INVESTMENT RESTRICTIONS |
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Sec. 1023.161. GENERAL AUTHORITY TO BORROW MONEY; |
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SECURITY |
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Sec. 1023.162. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
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SECURITY |
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[Sections 1023.163-1023.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 1023.201. GENERAL OBLIGATION BONDS |
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Sec. 1023.202. TAX TO PAY GENERAL OBLIGATION BONDS |
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Sec. 1023.203. GENERAL OBLIGATION BOND ELECTION |
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Sec. 1023.204. REVENUE BONDS |
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Sec. 1023.205. REFUNDING BONDS |
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Sec. 1023.206. MATURITY OF BONDS |
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Sec. 1023.207. EXECUTION OF BONDS |
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Sec. 1023.208. BONDS EXEMPT FROM TAXATION |
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[Sections 1023.209-1023.250 reserved for expansion] |
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SUBCHAPTER F. TAXES |
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Sec. 1023.251. IMPOSITION OF AD VALOREM TAX |
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Sec. 1023.252. TAX RATE |
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Sec. 1023.253. TAX ASSESSOR-COLLECTOR |
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[Sections 1023.254-1023.300 reserved for expansion] |
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SUBCHAPTER G. DISSOLUTION |
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Sec. 1023.301. DISSOLUTION; ELECTION |
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Sec. 1023.302. NOTICE OF ELECTION |
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Sec. 1023.303. BALLOT |
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Sec. 1023.304. ELECTION RESULTS |
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Sec. 1023.305. TRANSFER OR ADMINISTRATION OF ASSETS |
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Sec. 1023.306. SALE OR TRANSFER OF ASSETS AND |
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LIABILITIES |
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Sec. 1023.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
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TAXES |
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Sec. 1023.308. REPORT; DISSOLUTION ORDER |
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CHAPTER 1023. EASTLAND MEMORIAL HOSPITAL DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec.1023.001.DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Eastland Memorial Hospital |
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District. (Acts 71st Leg., R.S., Ch. 221, Sec. 1.01.) |
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Sec.1023.002.AUTHORITY FOR OPERATION. The district |
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operates and is financed as provided by Section 9, Article IX, Texas |
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Constitution, and by this chapter. (Acts 71st Leg., R.S., Ch. 221, |
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Sec. 1.02.) |
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Sec.1023.003.ESSENTIAL PUBLIC FUNCTION. The district is |
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a public entity performing an essential public function. (Acts |
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71st Leg., R.S., Ch. 221, Sec. 7.11 (part).) |
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Sec.1023.004.DISTRICT TERRITORY. The district is |
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composed of the territory described by Section 1.03, Chapter 221, |
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Acts of the 71st Legislature, Regular Session, 1989. (New.) |
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Sec. 1023.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
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OBLIGATION. The state may not be obligated for the support or |
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maintenance of the district. (Acts 71st Leg., R.S., Ch. 221, Sec. |
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10.01 (part).) |
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Sec.1023.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
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The legislature may not make a direct appropriation for the |
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construction, maintenance, or improvement of a district facility. |
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(Acts 71st Leg., R.S., Ch. 221, Sec. 10.01 (part).) |
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[Sections 1023.007-1023.050 reserved for expansion] |
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SUBCHAPTER B. DISTRICT ADMINISTRATION |
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Sec.1023.051.BOARD ELECTION; TERMS. (a) The district is |
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governed by a board of nine directors elected from the district at |
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large. |
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(b) Unless four-year terms are established under Section |
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285.081, Health and Safety Code: |
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(1) directors serve staggered two-year terms; and |
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(2) an election shall be held on the uniform election |
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date in May of each year to elect the appropriate number of |
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directors. (Acts 71st Leg., R.S., Ch. 221, Secs. 4.01(a), 4.03(a), |
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(c) (part).) |
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Sec.1023.052.NOTICE OF ELECTION. Not earlier than 30 days |
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or later than 10 days before the date of an election of directors, |
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notice of the election shall be published one time in a newspaper |
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with general circulation in the district. (Acts 71st Leg., R.S., |
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Ch. 221, Sec. 4.04.) |
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Sec.1023.053.QUALIFICATIONS FOR OFFICE. To be eligible |
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to be a candidate for or to serve as a director, a person must be: |
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(1) a district resident; and |
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(2) a qualified voter. (Acts 71st Leg., R.S., Ch. 221, |
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Sec. 4.06.) |
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Sec.1023.054.BOARD VACANCY. (a) A vacancy in the office |
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of director shall be filled for the unexpired term at the next |
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regular election. |
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(b) If at least five director positions become vacant, the |
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remaining directors may call a special election to fill the |
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vacancies for the unexpired terms. (Acts 71st Leg., R.S., Ch. 221, |
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Sec. 4.07.) |
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Sec.1023.055.OFFICERS. (a) The board shall elect a |
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president and a vice president from among its members. |
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(b) The board shall appoint a secretary. |
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(c) Each officer of the board serves for a term of one year. |
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(d) The board shall fill a vacancy in a board office for the |
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unexpired term. (Acts 71st Leg., R.S., Ch. 221, Secs. 4.08, 4.09.) |
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Sec.1023.056.COMPENSATION; EXPENSES. A director or |
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officer serves without compensation but may be reimbursed for |
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actual expenses incurred in the performance of official duties. |
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The expenses must be: |
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(1) reported in the district's records; and |
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(2) approved by the board. (Acts 71st Leg., R.S., Ch. |
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221, Sec. 4.10.) |
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Sec.1023.057.VOTING REQUIREMENT. A concurrence of a |
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majority of the directors voting is necessary in any matter |
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relating to district business. (Acts 71st Leg., R.S., Ch. 221, Sec. |
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4.11.) |
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Sec.1023.058.DISTRICT ADMINISTRATOR. (a) The board may |
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appoint a qualified person as district administrator. |
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(b) The district administrator serves at the will of the |
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board and is entitled to compensation determined by the board. |
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(c) Before assuming the duties of district administrator, |
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the board may require the administrator to execute a bond in an |
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amount determined by the board of not less than $5,000 that is: |
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(1) payable to the district; and |
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(2) conditioned on the faithful performance of the |
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administrator's duties under this chapter. |
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(d) The board may pay for the bond with district money. |
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(Acts 71st Leg., R.S., Ch. 221, Secs. 4.12(a) (part), (b) (part), |
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(c) (part), (d).) |
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Sec.1023.059.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
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Subject to the limitations prescribed by the board, the district |
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administrator shall: |
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(1) supervise the work and activities of the district; |
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and |
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(2) direct the general affairs of the district. (Acts |
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71st Leg., R.S., Ch. 221, Sec. 4.15.) |
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Sec.1023.060.ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
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(a) The board may appoint qualified persons as: |
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(1) the assistant district administrator; and |
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(2) the attorney for the district. |
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(b) The assistant district administrator and attorney for |
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the district serve at the will of the board and are entitled to the |
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compensation determined by the board. (Acts 71st Leg., R.S., Ch. |
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221, Secs. 4.12(a) (part), (b) (part), (c) (part).) |
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Sec. 1023.061. EMPLOYEES; APPOINTMENT AND RECRUITMENT OF |
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STAFF. (a) The district may employ technicians, nurses, fiscal |
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agents, accountants, architects, additional attorneys, and other |
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necessary employees. |
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(b) The board may appoint to the staff any doctors the board |
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considers necessary for the efficient operation of the district and |
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may make temporary appointments as necessary. |
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(c) The board may delegate to the district administrator the |
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authority to employ persons for the district. |
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(d) The board may recruit physicians and other health care |
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professionals or persons. (Acts 71st Leg., R.S., Ch. 221, Secs. |
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4.13, 4.14, 5.02 (part).) |
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Sec.1023.062.PERSONNEL CONTRACTS. (a) The board may |
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contract to provide administrative or other personnel for the |
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operation of the hospital facilities. |
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(b) The term of the contract may not exceed 25 years. (Acts |
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71st Leg., R.S., Ch. 221, Sec. 5.02 (part).) |
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Sec.1023.063.RETIREMENT BENEFITS. The board may provide |
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retirement benefits for district employees by: |
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(1) establishing or administering a retirement |
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program; or |
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(2) participating in: |
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(A) the Texas County and District Retirement |
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System; or |
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(B) another statewide retirement system in which |
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the district is eligible to participate. (Acts 71st Leg., R.S., Ch. |
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221, Sec. 4.16.) |
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[Sections 1023.064-1023.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec.1023.101.DISTRICT RESPONSIBILITY. The district has |
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full responsibility for: |
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(1) operating hospital facilities; and |
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(2) providing medical and hospital care for the |
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district's needy inhabitants. (Acts 71st Leg., R.S., Ch. 221, Sec. |
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5.02 (part).) |
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Sec.1023.102.RESTRICTION ON COUNTY TAXATION AND DEBT. |
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Eastland County may not impose a tax or issue bonds or other |
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obligations to provide hospital or medical care for district |
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residents. (Acts 71st Leg., R.S., Ch. 221, Sec. 5.01(b).) |
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Sec.1023.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
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The board shall manage, control, and administer the hospital system |
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and the district's money and resources. (Acts 71st Leg., R.S., Ch. |
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221, Sec. 5.03.) |
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Sec.1023.104.RULES. The board may adopt rules governing: |
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(1) the operation of the hospital and hospital system; |
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and |
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(2) the duties, functions, and responsibilities of |
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district staff and employees. (Acts 71st Leg., R.S., Ch. 221, Sec. |
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5.04.) |
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Sec.1023.105.PURCHASING AND ACCOUNTING PROCEDURES. The |
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board may prescribe: |
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(1) the method of making purchases and expenditures by |
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and for the district; and |
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(2) accounting and control procedures for the |
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district. (Acts 71st Leg., R.S., Ch. 221, Sec. 5.05.) |
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Sec. 1023.106. DISTRICT PROPERTY, FACILITIES, AND |
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EQUIPMENT. (a) The board shall determine: |
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(1) the type, number, and location of buildings |
|
required to maintain an adequate hospital system; and |
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(2) the type of equipment necessary for hospital care. |
|
(b) The board may: |
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(1) acquire property, including facilities and |
|
equipment, for the district for use in the hospital system; and |
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(2) mortgage or pledge the property as security for |
|
payment of the purchase price. |
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(c) The board may lease hospital facilities for the district |
|
to individuals, corporations, or other legal entities. |
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(d) The board may sell or otherwise dispose of property, |
|
including facilities or equipment, for the district. The board |
|
shall give notice of intent to sell land or buildings by publishing |
|
a notice of intent in a newspaper with general circulation in |
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Eastland County not later than the 30th day before the date of sale. |
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(Acts 71st Leg., R.S., Ch. 221, Sec. 5.06.) |
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Sec.1023.107.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in property located in district territory if the |
|
interest is necessary for the district to exercise a right or |
|
authority conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except that the |
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district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
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(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
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(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 71st Leg., R.S., Ch. 221, Sec. |
|
5.09.) |
|
Sec.1023.108.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of any railroad, highway, pipeline, or |
|
electric transmission and electric distribution, telegraph, or |
|
telephone line, conduit, pole, or facility, the district shall pay |
|
the actual cost of relocating, raising, lowering, rerouting, |
|
changing the grade of, or altering the construction to provide |
|
comparable replacement, without enhancement of facilities, after |
|
deducting the net salvage value derived from the old facility. |
|
(Acts 71st Leg., R.S., Ch. 221, Sec. 5.10.) |
|
Sec.1023.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for any |
|
purpose and under any direction, limitation, or other provision |
|
prescribed in writing by the donor that is consistent with the |
|
proper management of the district. (Acts 71st Leg., R.S., Ch. 221, |
|
Sec. 5.14.) |
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Sec.1023.110.CONSTRUCTION CONTRACTS. (a) The board may |
|
enter into construction contracts for the district. |
|
(b) The board may enter into a construction contract that |
|
involves the expenditure of more than the amount provided by |
|
Section 271.024, Local Government Code, only after competitive |
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
Code. (Acts 71st Leg., R.S., Ch. 221, Sec. 5.07(a).) |
|
Sec.1023.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a hospital facility for the district. (Acts 71st Leg., R.S., Ch. |
|
221, Sec. 5.08.) |
|
Sec. 1023.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
SERVICES. The board may contract with a political subdivision of |
|
the state or a state or federal agency for the district to: |
|
(1) furnish a mobile emergency medical service; or |
|
(2) provide for the investigatory or welfare needs of |
|
district inhabitants. (Acts 71st Leg., R.S., Ch. 221, Sec. 5.13.) |
|
Sec.1023.113.PROVISION OF CERTAIN HEALTH SERVICES. The |
|
district may: |
|
(1) operate or provide for the operation of a mobile |
|
emergency medical service; and |
|
(2) establish and operate a home health service. |
|
(Acts 71st Leg., R.S., Ch. 221, Sec. 5.02 (part).) |
|
Sec.1023.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the financial circumstances of: |
|
(1) the patient; and |
|
(2) a relative of the patient who is legally |
|
responsible for the patient's support. |
|
(b) The district without charge shall provide to a patient |
|
who resides in the district the care and treatment that the patient |
|
or a relative of the patient who is legally responsible for the |
|
patient's support cannot pay. |
|
(c) On determining that the patient or a relative legally |
|
responsible for the patient's support can pay for all or part of the |
|
care and treatment provided by the district, the district |
|
administrator shall report that determination to the board, and the |
|
board shall issue an order directing the patient or the relative to |
|
pay the district a specified amount each week. The amount must be |
|
based on the individual's ability to pay. |
|
(d) The district administrator may collect money owed to the |
|
district from the patient's estate or from that of a relative who |
|
was legally responsible for the patient's support in the manner |
|
provided by law for the collection of expenses in the last illness |
|
of a deceased person. |
|
(e) If there is a dispute relating to an individual's |
|
ability to pay or if the district administrator has any doubt |
|
concerning an individual's ability to pay, the board shall: |
|
(1) call witnesses; |
|
(2) hear and resolve the question; and |
|
(3) issue a final order. |
|
(f) A final order of the board may be appealed to a district |
|
court in Eastland County. The substantial evidence rule applies to |
|
the appeal. (Acts 71st Leg., R.S., Ch. 221, Secs. 5.11(a), (c), |
|
(d), (e), (f).) |
|
Sec.1023.115.REIMBURSEMENT FOR SERVICES. (a) The board |
|
shall require a county, municipality, or public hospital located |
|
outside the district to reimburse the district for the district's |
|
care and treatment of a sick or injured person of that county, |
|
municipality, or hospital, as provided by Chapter 61, Health and |
|
Safety Code. |
|
(b) The board shall require the sheriff of Eastland County |
|
or the police chief of the City of Eastland to reimburse the |
|
district for the district's care and treatment of a person who is |
|
confined in a jail facility of Eastland County or the City of |
|
Eastland and is not a district resident. |
|
(c) On behalf of the district, the board may contract with |
|
the state or federal government for that government to reimburse |
|
the district for treatment of a sick or injured person. (Acts 71st |
|
Leg., R.S., Ch. 221, Sec. 5.12.) |
|
Sec.1023.116.AUTHORITY TO SUE AND BE SUED. The board may |
|
sue and be sued on behalf of the district. (Acts 71st Leg., R.S., |
|
Ch. 221, Sec. 5.15.) |
|
[Sections 1023.117-1023.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1023.151.BUDGET. (a) The district administrator |
|
shall prepare a proposed annual budget for the district. |
|
(b) The proposed budget must contain a complete financial |
|
statement, including a statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand in each district fund; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 71st Leg., |
|
R.S., Ch. 221, Sec. 6.04.) |
|
Sec.1023.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) The board shall publish notice of the hearing in a |
|
newspaper with general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the |
|
taxpayers. |
|
(e) The budget is effective only after adoption by the |
|
board. (Acts 71st Leg., R.S., Ch. 221, Sec. 6.05.) |
|
Sec.1023.153.AMENDMENTS TO BUDGET. After adoption, the |
|
annual budget may be amended on the board's approval. (Acts 71st |
|
Leg., R.S., Ch. 221, Sec. 6.06.) |
|
Sec.1023.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 71st Leg., R.S., Ch. 221, Sec. 6.07.) |
|
Sec.1023.155.FISCAL YEAR. (a) The district operates on |
|
the fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) when revenue bonds of the district are |
|
outstanding; or |
|
(2) more than once in a 24-month period. (Acts 71st |
|
Leg., R.S., Ch. 221, Sec. 6.01.) |
|
Sec.1023.156.ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 71st |
|
Leg., R.S., Ch. 221, Sec. 6.02.) |
|
Sec. 1023.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records are open to |
|
inspection during regular business hours at the district's |
|
principal office. (Acts 71st Leg., R.S., Ch. 221, Sec. 6.03.) |
|
Sec.1023.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of the fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a sworn statement of the amount of district money; |
|
and |
|
(2) an account of the disbursements of that money. |
|
(Acts 71st Leg., R.S., Ch. 221, Sec. 6.08.) |
|
Sec.1023.159.DEPOSITORY. (a) The board shall select at |
|
least one bank to serve as a depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1023.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. This subsection does not limit the power of the board to |
|
place a portion of district money on time deposit or to purchase |
|
certificates of deposit. |
|
(c) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or other security in an amount sufficient to secure from loss the |
|
district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 71st Leg., R.S., Ch. 221, |
|
Sec. 6.10.) |
|
Sec.1023.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as provided by Sections 1023.110, 1023.161, 1023.162, |
|
1023.201, 1023.204, and 1023.205, the district may not incur a debt |
|
payable from district revenue other than revenue on hand or to be on |
|
hand in the current and immediately following district fiscal |
|
years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 71st Leg., R.S., Ch. 221, Sec. 6.09.) |
|
Sec.1023.161.GENERAL AUTHORITY TO BORROW MONEY; SECURITY. |
|
(a) The board may borrow money at a rate of interest not to exceed |
|
the maximum annual percentage rate allowed by law for district |
|
obligations at the time the loan is made. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) tax revenue to be collected by the district in the |
|
next 12-month period that is not pledged to pay the principal of or |
|
interest on district bonds; or |
|
(3) district bonds that have been authorized but not |
|
sold. |
|
(c) A loan for which tax revenue or bonds are pledged must |
|
mature not later than the first anniversary of the date the loan is |
|
made. A loan for which other district revenue is pledged must |
|
mature not later than the fifth anniversary of the date the loan is |
|
made. (Acts 71st Leg., R.S., Ch. 221, Sec. 5.17.) |
|
Sec. 1023.162. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
|
SECURITY. (a) The board may borrow money at a rate not to exceed the |
|
maximum annual percentage rate allowed by law for district |
|
obligations at the time the loan is made if the board determines |
|
that: |
|
(1) money is not available to meet lawful obligations |
|
of the district; and |
|
(2) an emergency exists. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) tax revenue to be collected by the district in the |
|
next 12-month period that is not pledged to pay the principal of or |
|
interest on district bonds; or |
|
(3) district bonds that have been authorized but not |
|
sold. |
|
(c) A loan for which tax revenue or bonds are pledged must |
|
mature not later than the first anniversary of the date the loan is |
|
made. A loan for which other district revenue is pledged must |
|
mature not later than the fifth anniversary of the date the loan is |
|
made. |
|
(d) The board may not spend money obtained from a loan under |
|
this section for any purpose other than: |
|
(1) the purpose for which the board declared an |
|
emergency; and |
|
(2) if district tax revenue or bonds are pledged to pay |
|
the loan, the purpose for which the pledged taxes were imposed or |
|
the pledged bonds were authorized. (Acts 71st Leg., R.S., Ch. 221, |
|
Sec. 5.16.) |
|
[Sections 1023.163-1023.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1023.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds authorized by an election |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; or |
|
(2) equip buildings or improvements for hospital |
|
purposes. (Acts 71st Leg., R.S., Ch. 221, Sec. 7.01.) |
|
Sec.1023.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1023.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 71st Leg., R.S., Ch. 221, Sec. 7.02.) |
|
Sec.1023.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order a bond election. |
|
(c) The order calling the election must specify: |
|
(1) the nature and date of the election; |
|
(2) the hours during which the polls will be open; |
|
(3) the location of the polling places; |
|
(4) the amounts of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(d) Notice of a bond election must be given as provided by |
|
Section 1251.003, Government Code. |
|
(e) The board shall declare the results of the election. |
|
(Acts 71st Leg., R.S., Ch. 221, Sec. 7.03.) |
|
Sec.1023.204.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, equip, or |
|
renovate buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(Acts 71st Leg., R.S., Ch. 221, Sec. 7.04.) |
|
Sec.1023.205.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 71st |
|
Leg., R.S., Ch. 221, Secs. 7.05(a), (c) (part).) |
|
Sec.1023.206.MATURITY OF BONDS. District bonds must |
|
mature not later than 50 years after the date of issuance. (Acts |
|
71st Leg., R.S., Ch. 221, Sec. 7.06 (part).) |
|
Sec.1023.207.EXECUTION OF BONDS. (a) The board president |
|
shall execute the district's bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 71st Leg., |
|
R.S., Ch. 221, Sec. 7.07.) |
|
Sec.1023.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or by a political subdivision |
|
of this state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 71st |
|
Leg., R.S., Ch. 221, Sec. 7.11 (part).) |
|
[Sections 1023.209-1023.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1023.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all property in the district subject to district |
|
taxation. |
|
(b) The tax may be used to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 71st |
|
Leg., R.S., Ch. 221, Secs. 8.01(a) (part), (c), (d), 8.02(b).) |
|
Sec.1023.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters at the |
|
election authorizing the imposition of a tax. |
|
(b) The tax rate for all purposes may not exceed 37.5 cents |
|
on each $100 valuation of all taxable property in the district. |
|
(c) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 71st |
|
Leg., R.S., Ch. 221, Secs. 8.01(a) (part), (b), 8.03 (part).) |
|
Sec.1023.253.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 221, Sec. |
|
8.04(b).) |
|
[Sections 1023.254-1023.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec.1023.301.DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved and the district's assets and liabilities sold or |
|
transferred to another person only on approval of a majority of the |
|
district voters voting at an election held for that purpose. |
|
(b) A majority of the directors may order an election to |
|
dissolve the district and transfer its assets and liabilities. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 15 |
|
percent of the registered voters in the district, according to the |
|
most recent official list of registered voters. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition 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. |
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 71st Leg., R.S., Ch. |
|
221, Secs. 9.01, 9.02(a), (b) (part), 9.03, 9.05(b).) |
|
Sec.1023.302.NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks a substantial copy of the election |
|
order in a newspaper with general circulation in the district. |
|
(b) The first publication must appear at least 35 days |
|
before the date set for the election. (Acts 71st Leg., R.S., Ch. |
|
221, Sec. 9.04.) |
|
Sec.1023.303.BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Eastland Memorial Hospital |
|
District and the transfer of its assets and liabilities in the |
|
following manner: __________ (insert provisions for transfer)." |
|
(Acts 71st Leg., R.S., Ch. 221, Sec. 9.06.) |
|
Sec.1023.304.ELECTION RESULTS. (a) If the board finds |
|
the election results favor the proposition to dissolve the |
|
district, the board shall: |
|
(1) issue an order declaring the district dissolved; |
|
and |
|
(2) proceed with the sale or transfer of the district's |
|
assets and liabilities according to the plan proposed on the |
|
ballot. |
|
(b) If the board finds the election results do not favor the |
|
proposition to dissolve the district, another dissolution election |
|
may not be held before the first anniversary of the date of the |
|
election in which voters disapproved the proposition. (Acts 71st |
|
Leg., R.S., Ch. 221, Sec. 9.07.) |
|
Sec.1023.305.TRANSFER OR ADMINISTRATION OF ASSETS. (a) |
|
If a majority of the votes in an election under this subchapter |
|
favor dissolution, the board shall: |
|
(1) transfer the district's assets to Eastland County |
|
or another governmental entity in Eastland County; or |
|
(2) administer the district's assets and debts until |
|
all assets have been disposed of and all district debts have been |
|
paid or settled. |
|
(b) If the board makes the transfer under Subsection (a)(1), |
|
Eastland County or the governmental entity assumes all debts and |
|
obligations of the district at the time of the transfer, and the |
|
district is dissolved. (Acts 71st Leg., R.S., Ch. 221, Secs. |
|
9.08(a), (b).) |
|
Sec.1023.306.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
(a) The district may not be dissolved unless the board provides for |
|
the sale or transfer of the district's assets and liabilities to |
|
another person. |
|
(b) The dissolution of the district and the sale or transfer |
|
of the district's assets and liabilities may not: |
|
(1) contravene a trust indenture or bond resolution |
|
relating to the outstanding bonds of the district; or |
|
(2) diminish or impair the rights of the holders of any |
|
outstanding bonds, warrants, or other obligations of the district. |
|
(c) The 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 citizens in the |
|
district, including the citizens' collective property rights in the |
|
district's assets. |
|
(d) The district may not transfer or dispose of the |
|
district's assets except for due compensation unless: |
|
(1) the transfer is made to another governmental |
|
agency embracing the district; and |
|
(2) the transferred assets are used for the benefit of |
|
the citizens formerly in the district. |
|
(e) A grant from federal funds is an obligation to be repaid |
|
in satisfaction. (Acts 71st Leg., R.S., Ch. 221, Secs. 9.08(h), |
|
(i).) |
|
Sec. 1023.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES. (a) If a majority of the votes in an election to dissolve |
|
the district favor dissolution, the board shall: |
|
(1) determine the debt owed by the district; and |
|
(2) impose a tax on the taxable property in the |
|
district at a rate that will raise sufficient revenue to pay the |
|
debt owed by the district. |
|
(b) On the payment of all outstanding debts and obligations |
|
of the district, the board shall order the secretary to return to |
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
tax money. |
|
(c) 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 funds to the county tax assessor-collector. (Acts |
|
71st Leg., R.S., Ch. 221, Secs. 9.08(c), (d), (e).) |
|
Sec.1023.308.REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all district debts and has disposed of all |
|
district assets as prescribed by this subchapter, the board shall |
|
file a written report with the Commissioners Court of Eastland |
|
County summarizing the board's actions in dissolving the district. |
|
(b) Not later than the 10th day after the date the |
|
Commissioners Court of Eastland County receives the report and |
|
determines that the requirements of this subchapter have been |
|
fulfilled, the commissioners court shall enter an order dissolving |
|
the district and releasing the board from any further duty or |
|
obligation. (Acts 71st Leg., R.S., Ch. 221, Secs. 9.08(f), (g).) |
|
CHAPTER 1024. ECTOR COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1024.001. DEFINITIONS |
|
Sec. 1024.002. AUTHORITY FOR OPERATION |
|
Sec. 1024.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1024.004. DISTRICT TERRITORY |
|
Sec. 1024.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1024.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1024.007-1024.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1024.051. BOARD ELECTION; TERMS |
|
Sec. 1024.052. NOTICE OF ELECTION |
|
Sec. 1024.053. BALLOT PETITION |
|
Sec. 1024.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1024.055. BOND OR INSURANCE |
|
Sec. 1024.056. BOARD VACANCY |
|
Sec. 1024.057. OFFICERS |
|
Sec. 1024.058. COMPENSATION; EXPENSES |
|
Sec. 1024.059. VOTING REQUIREMENT |
|
Sec. 1024.060. DISTRICT ADMINISTRATOR |
|
Sec. 1024.061. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1024.062. ASSISTANT DISTRICT ADMINISTRATORS |
|
Sec. 1024.063. ATTORNEY |
|
Sec. 1024.064. APPOINTMENT OF STAFF |
|
Sec. 1024.065. EMPLOYEES |
|
Sec. 1024.066. RETIREMENT BENEFITS |
|
[Sections 1024.067-1024.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1024.101. DISTRICT RESPONSIBILITY |
|
Sec. 1024.102. RESTRICTION ON COUNTY TAXATION AND DEBT |
|
Sec. 1024.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1024.104. RULES |
|
Sec. 1024.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1024.106. MOBILE EMERGENCY MEDICAL SERVICE |
|
Sec. 1024.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1024.108. EMINENT DOMAIN |
|
Sec. 1024.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1024.110. GIFTS AND ENDOWMENTS |
|
Sec. 1024.111. CONSTRUCTION CONTRACTS |
|
Sec. 1024.112. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1024.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR SERVICES |
|
Sec. 1024.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1024.115. REIMBURSEMENT FOR SERVICES |
|
Sec. 1024.116. AUTHORITY TO SUE AND BE SUED; VENUE; |
|
NONWAIVER OF IMMUNITY |
|
[Sections 1024.117-1024.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1024.151. BUDGET |
|
Sec. 1024.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1024.153. AMENDMENTS TO BUDGET |
|
Sec. 1024.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1024.155. FISCAL YEAR |
|
Sec. 1024.156. ANNUAL AUDIT |
|
Sec. 1024.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1024.158. FINANCIAL REPORT |
|
Sec. 1024.159. DEPOSITORY |
|
Sec. 1024.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1024.161-1024.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1024.201. GENERAL OBLIGATION BONDS |
|
Sec. 1024.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1024.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1024.204. REVENUE BONDS |
|
Sec. 1024.205. REFUNDING BONDS |
|
Sec. 1024.206. MATURITY OF BONDS |
|
Sec. 1024.207. EXECUTION OF BONDS |
|
Sec. 1024.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1024.209-1024.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1024.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1024.252. TAX RATE |
|
Sec. 1024.253. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
Sec. 1024.254. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1024. ECTOR COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1024.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Ector County Hospital |
|
District. (Acts 71st Leg., R.S., Ch. 550, Sec. 1.01.) |
|
Sec.1024.002.AUTHORITY FOR OPERATION. The district |
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
Constitution, and by this chapter. (Acts 71st Leg., R.S., Ch. 550, |
|
Sec. 1.02.) |
|
Sec.1024.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
a public entity performing an essential public function. (Acts |
|
71st Leg., R.S., Ch. 550, Sec. 7.11 (part).) |
|
Sec.1024.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Ector County, |
|
Texas. (Acts 71st Leg., R.S., Ch. 550, Sec. 1.03.) |
|
Sec. 1024.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The state may not become obligated for the support or |
|
maintenance of the district. (Acts 71st Leg., R.S., Ch. 550, Sec. |
|
9.01 (part).) |
|
Sec.1024.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 71st Leg., R.S., Ch. 550, Sec. 9.01 (part).) |
|
[Sections 1024.007-1024.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1024.051.BOARD ELECTION; TERMS. (a) The district is |
|
governed by a board of seven directors. |
|
(b) Except as provided by court order, one director is |
|
elected from each commissioners precinct and three directors are |
|
elected from the district at large. At an election for directors in |
|
which two directors are to be elected at large, the candidates |
|
receiving the highest and second highest number of votes are |
|
elected. |
|
(c) Directors serve staggered four-year terms. |
|
(d) An election shall be held on the uniform election date |
|
in May of each even-numbered year to elect the appropriate number of |
|
directors. (Acts 71st Leg., R.S., Ch. 550, Secs. 4.01(a), 4.03(a), |
|
(c) (part), and (d).) |
|
Sec.1024.052.NOTICE OF ELECTION. 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. (Acts 71st Leg., R.S., Ch. 550, Sec. 4.04.) |
|
Sec.1024.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must: |
|
(1) be signed by at least 50 registered voters of the |
|
district as determined by the most recent official list of |
|
registered voters; |
|
(2) be filed not later than 5 p.m. on the 45th day |
|
before the date of the election; and |
|
(3) specify the commissioners precinct the candidate |
|
wants to represent or specify that the candidate wants to represent |
|
the district at large. (Acts 71st Leg., R.S., Ch. 550, Sec. 4.05.) |
|
Sec.1024.054.QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to be a candidate for or to serve as a director, a person |
|
must be: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) In addition to Subsection (a), a person who is elected |
|
from a commissioners precinct or who is appointed to fill a vacancy |
|
for a commissioners precinct must be a resident of that |
|
commissioners precinct. |
|
(c) A district employee may not serve as a director. (Acts |
|
71st Leg., R.S., Ch. 550, Sec. 4.06.) |
|
Sec.1024.055.BOND OR INSURANCE. (a) Before assuming the |
|
duties of office, each director must execute a bond 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 director's duties. |
|
(b) For each director, the board shall determine the |
|
appropriate type and value of the bond or insurance policy. |
|
(c) The board may pay for a director's bond or pay for a |
|
director's insurance policy and premiums with district money. |
|
(d) Each director's bond or insurance policy shall be kept |
|
in the district's permanent records. (Acts 71st Leg., R.S., Ch. |
|
550, Sec. 4.07.) |
|
Sec.1024.056.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 71st Leg., R.S., Ch. 550, |
|
Sec. 4.08.) |
|
Sec.1024.057.OFFICERS. (a) The board shall elect a |
|
president and a vice president from among its members. |
|
(b) The board shall appoint a secretary, who need not be a |
|
director. |
|
(c) Each officer of the board serves for a term of one year. |
|
(d) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 71st Leg., R.S., Ch. 550, Secs. 4.09, 4.10.) |
|
Sec.1024.058.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 71st Leg., R.S., Ch. |
|
550, Sec. 4.11.) |
|
Sec.1024.059.VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors voting is necessary in any matter |
|
relating to district business. (Acts 71st Leg., R.S., Ch. 550, Sec. |
|
4.12.) |
|
Sec.1024.060.DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to the compensation determined by the board. |
|
(c) Before assuming the duties of district administrator, |
|
the administrator must execute a bond in the amount determined by |
|
the board of not less than $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
administrator's duties under this chapter. |
|
(d) The board may pay for the bond with district money. |
|
(Acts 71st Leg., R.S., Ch. 550, Secs. 4.13(a) (part), (c) (part), |
|
(d).) |
|
Sec.1024.061.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. (Acts |
|
71st Leg., R.S., Ch. 550, Sec. 4.16.) |
|
Sec.1024.062.ASSISTANT DISTRICT ADMINISTRATORS. (a) The |
|
district administrator may appoint one or more qualified persons as |
|
assistant district administrators for the district. |
|
(b) An assistant district administrator: |
|
(1) serves at the will of the district administrator; |
|
and |
|
(2) is entitled to the compensation determined by the |
|
board. (Acts 71st Leg., R.S., Ch. 550, Secs. 4.13(b), (c) (part).) |
|
Sec.1024.063.ATTORNEY. (a) The board may appoint a |
|
qualified person as the attorney for the district. |
|
(b) The attorney for the district serves at the will of the |
|
board and is entitled to the compensation determined by the board. |
|
(Acts 71st Leg., R.S., Ch. 550, Secs. 4.13(a) (part), (c) (part).) |
|
Sec.1024.064.APPOINTMENT OF STAFF. The board may appoint |
|
to the staff any doctors the board considers necessary for the |
|
efficient operation of the district and may make temporary |
|
appointments as necessary. (Acts 71st Leg., R.S., Ch. 550, Sec. |
|
4.14.) |
|
Sec. 1024.065. EMPLOYEES. (a) The district may employ |
|
technicians, nurses, fiscal agents, accountants, architects, |
|
additional attorneys, and other necessary employees. |
|
(b) The board may delegate to the district administrator the |
|
authority to employ persons for the district. (Acts 71st Leg., |
|
R.S., Ch. 550, Sec. 4.15.) |
|
Sec.1024.066.RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 71st Leg., R.S., Ch. |
|
550, Sec. 4.17.) |
|
[Sections 1024.067-1024.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1024.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating hospital facilities; and |
|
(2) providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 71st Leg., R.S., Ch. 550, Sec. |
|
5.02 (part).) |
|
Sec.1024.102.RESTRICTION ON COUNTY TAXATION AND DEBT. |
|
Ector County may not impose a tax or issue bonds or other |
|
obligations for hospital purposes or to provide medical care for |
|
district residents. (Acts 71st Leg., R.S., Ch. 550, Sec. 5.01(b).) |
|
Sec.1024.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the district's |
|
hospital system and the district's money and resources. (Acts 71st |
|
Leg., R.S., Ch. 550, Sec. 5.03.) |
|
Sec.1024.104.RULES. The board may adopt rules governing: |
|
(1) the operation of the hospital and hospital system; |
|
and |
|
(2) the duties, functions, and responsibilities of |
|
district staff and employees. (Acts 71st Leg., R.S., Ch. 550, Sec. |
|
5.04.) |
|
Sec.1024.105.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) accounting and control procedures for the |
|
district. (Acts 71st Leg., R.S., Ch. 550, Sec. 5.05.) |
|
Sec.1024.106.MOBILE EMERGENCY MEDICAL SERVICE. The |
|
district may operate or provide for the operation of a mobile |
|
emergency medical service. (Acts 71st Leg., R.S., Ch. 550, Sec. |
|
5.02 (part).) |
|
Sec. 1024.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The board may: |
|
(1) acquire property, including facilities and |
|
equipment, for the district for use in the hospital system; and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(c) The board may lease hospital facilities for the |
|
district. |
|
(d) The board may sell or otherwise dispose of property, |
|
including facilities or equipment, for the district. (Acts 71st |
|
Leg., R.S., Ch. 550, Sec. 5.06.) |
|
Sec.1024.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in property located in district territory if the |
|
interest is necessary to exercise a right or authority conferred by |
|
this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 71st Leg., R.S., Ch. 550, Sec. |
|
5.09.) |
|
Sec.1024.109.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of any railroad, highway, pipeline, or |
|
electric transmission and electric distribution, telegraph, or |
|
telephone line, conduit, pole, or facility, the district must bear |
|
the actual cost of relocating, raising, lowering, rerouting, |
|
changing the grade, or altering the construction to provide |
|
comparable replacement without enhancement of facilities, after |
|
deducting the net salvage value derived from the old facility. |
|
(Acts 71st Leg., R.S., Ch. 550, Sec. 5.10.) |
|
Sec.1024.110.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for any |
|
purpose and under any direction, limitation, or other provision |
|
prescribed in writing by the donor that is consistent with the |
|
proper management of the district. (Acts 71st Leg., R.S., Ch. 550, |
|
Sec. 5.14.) |
|
Sec.1024.111.CONSTRUCTION CONTRACTS. (a) The board may |
|
enter into construction contracts for the district. |
|
(b) The board may enter into a construction contract that |
|
involves the expenditure of more than the amount provided by |
|
Section 271.024, Local Government Code, only after competitive |
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
Code. (Acts 71st Leg., R.S., Ch. 550, Sec. 5.07(a).) |
|
Sec.1024.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a hospital facility for the district. (Acts 71st Leg., R.S., Ch. |
|
550, Sec. 5.08.) |
|
Sec. 1024.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
SERVICES. The board may contract with a political subdivision of |
|
this state or with a state or federal agency for the district to: |
|
(1) furnish a mobile emergency medical service; or |
|
(2) provide for the investigatory or welfare needs of |
|
district inhabitants. (Acts 71st Leg., R.S., Ch. 550, Sec. 5.13.) |
|
Sec.1024.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the financial circumstances of: |
|
(1) the patient; or |
|
(2) a relative of the patient who is legally |
|
responsible for the patient's support. |
|
(b) The district without charge shall provide to a patient |
|
who resides in the district the care and treatment that the patient |
|
or a relative of the patient who is legally responsible for the |
|
patient's support cannot pay. |
|
(c) On determining that the patient or a relative legally |
|
responsible for the patient's support can pay for all or part of the |
|
care and treatment provided by the district, the district |
|
administrator shall report that determination to the board, and the |
|
board shall issue an order directing the patient or the relative to |
|
pay the district a specified amount each week. The amount must be |
|
based on the individual's ability to pay. |
|
(d) The district administrator may collect money owed to the |
|
district from the patient's estate or from that of a relative who |
|
was legally responsible for the patient's support in the manner |
|
provided by law for collection of expenses of the last illness of a |
|
deceased person. |
|
(e) If there is a dispute relating to an individual's |
|
ability to pay or if the district administrator has any doubt |
|
concerning an individual's ability to pay, the board shall: |
|
(1) call witnesses; |
|
(2) hear and resolve the question; and |
|
(3) issue a final order. |
|
(f) A final order of the board may be appealed to a district |
|
court in Ector County. The substantial evidence rule applies to the |
|
appeal. (Acts 71st Leg., R.S., Ch. 550, Secs. 5.11(a), (c), (d), |
|
(e), (f).) |
|
Sec.1024.115.REIMBURSEMENT FOR SERVICES. (a) The board |
|
shall require a county, municipality, or public hospital located |
|
outside the district to reimburse the district for the district's |
|
care and treatment of a sick or injured person of that county, |
|
municipality, or public hospital as provided by Chapter 61, Health |
|
and Safety Code. |
|
(b) The board shall require the sheriff of Ector County or |
|
the police chief of the City of Odessa to reimburse the district for |
|
the district's care and treatment of a person who is confined in a |
|
jail facility of Ector County or the City of Odessa and is not a |
|
district resident. |
|
(c) The board may contract with the state or federal |
|
government for that government to reimburse the district for |
|
treatment of a sick or injured person. (Acts 71st Leg., R.S., Ch. |
|
550, Sec. 5.12.) |
|
Sec. 1024.116. AUTHORITY TO SUE AND BE SUED; VENUE; |
|
NONWAIVER OF IMMUNITY. (a) The board may sue and be sued on behalf |
|
of the district. |
|
(b) An action against the board, the district, or the |
|
district's hospital system must be brought in Ector County. |
|
(c) This chapter may not be construed to waive the |
|
district's sovereign or governmental immunity. (Acts 71st Leg., |
|
R.S., Ch. 550, Sec. 5.15.) |
|
[Sections 1024.117-1024.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1024.151.BUDGET. (a) The district administrator |
|
shall prepare a proposed annual budget for the district. |
|
(b) The proposed budget must contain a complete financial |
|
statement, including a statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand in each district fund; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 71st Leg., |
|
R.S., Ch. 550, Sec. 6.04.) |
|
Sec.1024.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) The board shall publish notice of the hearing in a |
|
newspaper with general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the |
|
taxpayers. |
|
(e) The budget is effective only after adoption by the |
|
board. (Acts 71st Leg., R.S., Ch. 550, Sec. 6.05.) |
|
Sec.1024.153.AMENDMENTS TO BUDGET. After adoption, the |
|
annual budget may be amended on the board's approval. (Acts 71st |
|
Leg., R.S., Ch. 550, Sec. 6.06.) |
|
Sec.1024.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 71st Leg., R.S., Ch. 550, Sec. 6.07.) |
|
Sec.1024.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) when revenue bonds of the district are |
|
outstanding; or |
|
(2) more than once in a 24-month period. (Acts 71st |
|
Leg., R.S., Ch. 550, Sec. 6.01.) |
|
Sec.1024.156.ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 71st |
|
Leg., R.S., Ch. 550, Sec. 6.02.) |
|
Sec. 1024.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records are open to |
|
inspection during regular business hours at the district's |
|
principal office. (Acts 71st Leg., R.S., Ch. 550, Sec. 6.03.) |
|
Sec.1024.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of the fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a sworn statement of the amount of district money; |
|
and |
|
(2) an account of the disbursements of that money. |
|
(Acts 71st Leg., R.S., Ch. 550, Sec. 6.08.) |
|
Sec.1024.159.DEPOSITORY. (a) The board shall select at |
|
least one bank in Ector County to serve as a depository for district |
|
money. |
|
(b) District money, other than money invested as provided by |
|
Section 1024.160(c) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and must remain on |
|
deposit. This subsection does not limit the power of the board to |
|
place a part of district money on time deposit or to purchase |
|
certificates of deposit. |
|
(c) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or other security in an amount sufficient to secure from loss the |
|
district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 71st Leg., R.S., Ch. 550, |
|
Sec. 6.10.) |
|
Sec.1024.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
The district may acquire, sell, lease, or contract for personal |
|
property in accordance with Subchapter A, Chapter 271, Local |
|
Government Code. |
|
(b) Except as provided by Subsection (a) and Sections |
|
1024.111, 1024.201, 1024.204, and 1024.205, the district may not |
|
incur a debt payable from district revenue other than the revenue on |
|
hand or to be on hand in the current and immediately following |
|
district fiscal years. |
|
(c) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 71st Leg., R.S., Ch. 550, Sec. 6.09.) |
|
[Sections 1024.161-1024.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1024.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds authorized by an election |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements for hospital |
|
purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service. (Acts 71st Leg., R.S., Ch. 550, Sec. 7.01.) |
|
Sec.1024.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1024.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 71st Leg., R.S., Ch. 550, Sec. 7.02.) |
|
Sec.1024.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order a bond election. |
|
(c) The order calling the election must specify: |
|
(1) the nature and date of the election; |
|
(2) the hours during which the polls will be open; |
|
(3) the location of the polling places; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. |
|
(e) The board shall declare the results of the election. |
|
(Acts 71st Leg., R.S., Ch. 550, Sec. 7.03.) |
|
Sec.1024.204.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; |
|
(2) acquire sites to be used for hospital purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service to assist the district in carrying out its hospital |
|
purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue received by the district, other than ad |
|
valorem taxes. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(Acts 71st Leg., R.S., Ch. 550, Sec. 7.04.) |
|
Sec.1024.205.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) Refunding bonds may be: |
|
(1) sold, with the proceeds of the refunding bonds |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 71st |
|
Leg., R.S., Ch. 550, Secs. 7.05(a), (c) (part).) |
|
Sec.1024.206.MATURITY OF BONDS. District bonds must |
|
mature not later than 50 years after the date of issuance. (Acts |
|
71st Leg., R.S., Ch. 550, Sec. 7.06 (part).) |
|
Sec.1024.207.EXECUTION OF BONDS. (a) The board president |
|
shall execute the district's bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 71st Leg., |
|
R.S., Ch. 550, Sec. 7.07.) |
|
Sec.1024.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 71st |
|
Leg., R.S., Ch. 550, Sec. 7.11 (part).) |
|
[Sections 1024.209-1024.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1024.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all property in the district subject to district |
|
taxation. |
|
(b) The tax may be used to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 71st |
|
Leg., R.S., Ch. 550, Secs. 8.01 (a) (part), (c), (d), 8.03(b).) |
|
Sec.1024.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters at the |
|
election authorizing the imposition of the tax. |
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
each $100 valuation of all taxable property in the district. |
|
(c) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 71st |
|
Leg., R.S., Ch. 550, Secs. 8.01(a) (part), (b), 8.04 (part).) |
|
Sec.1024.253.ELECTION TO INCREASE MAXIMUM TAX RATE. (a) |
|
The board may order an election to increase the district's maximum |
|
ad valorem tax rate. The board shall order the election if the |
|
board receives a petition requesting an election that is signed by |
|
at least 50 registered voters in the district. |
|
(b) The ballot for the election shall be printed to permit |
|
voting for or against the proposition: "The imposition of annual |
|
taxes by the district for hospital purposes at a rate not to exceed |
|
_____ (insert amount) cents on the $100 valuation of all taxable |
|
property in the district." |
|
(c) If the board finds that the election results favor the |
|
proposition, the board may impose taxes as authorized by the |
|
proposition. If the board finds that the election results do not |
|
favor the proposition, another election on the question of raising |
|
the district's maximum tax rate may not be held before the first |
|
anniversary of the date of the most recent election at which voters |
|
disapproved the proposition. |
|
(d) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 71st Leg., R.S., Ch. |
|
550, Secs. 8.02(a), (b) (part), (c) (part), (d) (part).) |
|
Sec.1024.254.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 550, Sec. |
|
8.05(b).) |
|
CHAPTER 1025. ELECTRA HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1025.001. DEFINITIONS |
|
Sec. 1025.002. AUTHORITY FOR OPERATION |
|
Sec. 1025.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1025.004. DISTRICT TERRITORY |
|
Sec. 1025.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1025.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1025.007. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1025.008-1025.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1025.051. BOARD ELECTION; TERM |
|
Sec. 1025.052. NOTICE OF ELECTION |
|
Sec. 1025.053. BALLOT PETITION |
|
Sec. 1025.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1025.055. BOARD VACANCY |
|
Sec. 1025.056. OFFICERS |
|
Sec. 1025.057. COMPENSATION; EXPENSES |
|
Sec. 1025.058. QUORUM |
|
Sec. 1025.059. VOTING REQUIREMENT |
|
Sec. 1025.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1025.061. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1025.062. EMPLOYEES; APPOINTMENT OF STAFF |
|
[Sections 1025.063-1025.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1025.101. DISTRICT RESPONSIBILITY |
|
Sec. 1025.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1025.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1025.104. HOSPITAL SYSTEM |
|
Sec. 1025.105. RULES |
|
Sec. 1025.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1025.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1025.108. EMINENT DOMAIN |
|
Sec. 1025.109. GIFTS AND ENDOWMENTS |
|
Sec. 1025.110. CONSTRUCTION CONTRACTS |
|
Sec. 1025.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1025.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1025.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1025.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1025.115. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1025.116-1025.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1025.151. BUDGET |
|
Sec. 1025.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1025.153. AMENDMENTS TO BUDGET |
|
Sec. 1025.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1025.155. FISCAL YEAR |
|
Sec. 1025.156. AUDIT |
|
Sec. 1025.157. INSPECTION OF AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1025.158. FINANCIAL REPORT |
|
Sec. 1025.159. DEPOSITORY |
|
Sec. 1025.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1025.161-1025.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1025.201. GENERAL OBLIGATION BONDS |
|
Sec. 1025.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1025.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1025.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1025.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1025.206. REVENUE BONDS |
|
Sec. 1025.207. REFUNDING BONDS |
|
Sec. 1025.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1025.209-1025.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1025.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1025.252. TAX RATE |
|
Sec. 1025.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR |
|
Sec. 1025.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1025. ELECTRA HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1025.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Electra Hospital District. |
|
(New.) |
|
Sec.1025.002.AUTHORITY FOR OPERATION. The district |
|
operates and is administered and financed in accordance with |
|
Section 9, Article IX, Texas Constitution, and has the rights, |
|
powers, and duties provided by this chapter. (Acts 63rd Leg., R.S., |
|
Ch. 513, Sec. 1 (part).) |
|
Sec.1025.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 63rd Leg., R.S., Ch. 513, Sec. 21 (part).) |
|
Sec.1025.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Justice of the |
|
Peace Precinct No. 4 of Wichita County, Texas, as those boundaries |
|
existed on June 14, 1973. (Acts 63rd Leg., R.S., Ch. 513, Sec. 1 |
|
(part).) |
|
Sec.1025.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 63rd Leg., R.S., Ch. 513, Sec. 23 (part).) |
|
Sec. 1025.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 63rd |
|
Leg., R.S., Ch. 513, Sec. 20 (part).) |
|
Sec.1025.007.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 63rd Leg., R.S., Ch. 513, Sec. 20 (part).) |
|
[Sections 1025.008-1025.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1025.051.BOARD ELECTION; TERM. (a) The board |
|
consists of seven directors elected from the district at large. |
|
(b) Directors serve staggered two-year terms unless |
|
four-year terms are established under Section 285.081, Health and |
|
Safety Code. (Acts 63rd Leg., R.S., Ch. 513, Sec. 4(c) (part).) |
|
Sec.1025.052.NOTICE OF ELECTION. At least 30 days before |
|
the date of an election of directors, notice of the election shall |
|
be published one time in a newspaper or newspapers that |
|
individually or collectively have general circulation in the |
|
district. (Acts 63rd Leg., R.S., Ch. 513, Sec. 4(c) (part).) |
|
Sec.1025.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by at least 10 voters; and |
|
(2) filed at least 30 days before the date of the |
|
election. (Acts 63rd Leg., R.S., Ch. 513, Sec. 4(c) (part).) |
|
Sec.1025.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) a district resident; |
|
(2) a qualified voter; and |
|
(3) a freeholder. |
|
(b) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; or |
|
(2) a district employee. (Acts 63rd Leg., R.S., Ch. |
|
513, Sec. 4(d).) |
|
Sec.1025.055.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 63rd Leg., R.S., Ch. 513, |
|
Sec. 4(c) (part).) |
|
Sec.1025.056.OFFICERS. (a) The board shall elect: |
|
(1) a president and a vice president from among its |
|
members; and |
|
(2) a secretary, who need not be a director. |
|
(b) Each officer of the board serves for a term of one year. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 63rd Leg., R.S., Ch. 513, Sec. 4(e) (part).) |
|
Sec.1025.057.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 63rd Leg., R.S., Ch. |
|
513, Sec. 4(e) (part).) |
|
Sec.1025.058.QUORUM. Any five directors constitute a |
|
quorum. (Acts 63rd Leg., R.S., Ch. 513, Sec. 4(e) (part).) |
|
Sec.1025.059.VOTING REQUIREMENT. A concurrence of five |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 63rd Leg., R.S., Ch. 513, Sec. 4(e) (part).) |
|
Sec. 1025.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
district administrator. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The district administrator and any assistant |
|
administrator serve at the will of the board and are entitled to the |
|
compensation determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 63rd Leg., R.S., Ch. 513, Sec. 5 (part).) |
|
Sec.1025.061.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 63rd |
|
Leg., R.S., Ch. 513, Sec. 5 (part).) |
|
Sec.1025.062.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as necessary. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to hire district employees, including technicians and |
|
nurses. (Acts 63rd Leg., R.S., Ch. 513, Secs. 5 (part), 16.) |
|
[Sections 1025.063-1025.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1025.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating all hospital facilities for |
|
providing medical and hospital care for the district's needy |
|
inhabitants. (Acts 63rd Leg., R.S., Ch. 513, Sec. 19 (part).) |
|
Sec. 1025.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located wholly or |
|
partly within the district may not impose a tax on district |
|
residents or issue bonds or other obligations for hospital purposes |
|
or to provide medical care for district residents. (Acts 63rd Leg., |
|
R.S., Ch. 513, Sec. 19 (part).) |
|
Sec.1025.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 63rd Leg., R.S., Ch. |
|
513, Sec. 5 (part).) |
|
Sec.1025.104.HOSPITAL SYSTEM. (a) The district shall |
|
provide for the establishment of a hospital system by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and equipment; |
|
(2) equipping the buildings; and |
|
(3) administering the buildings and equipment for |
|
hospital purposes. |
|
(b) The hospital system may include: |
|
(1) domiciliary care and treatment of the sick, |
|
injured, or geriatric; |
|
(2) outpatient clinics; |
|
(3) dispensaries; |
|
(4) convalescent home facilities; |
|
(5) necessary nurses; |
|
(6) domiciliaries and training centers; |
|
(7) blood banks; |
|
(8) community mental health centers; |
|
(9) research centers or laboratories; and |
|
(10) any other facilities the board considers |
|
necessary for hospital care. (Acts 63rd Leg., R.S., Ch. 513, Secs. |
|
2 (part), 10(a) (part).) |
|
Sec.1025.105.RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 63rd Leg., R.S., Ch. 513, |
|
Sec. 5 (part).) |
|
Sec.1025.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 63rd |
|
Leg., R.S., Ch. 513, Sec. 10(b) (part).) |
|
Sec. 1025.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system. |
|
(b) The board may lease all or part of the district's |
|
buildings and other facilities on terms considered to be in the best |
|
interest of the district's inhabitants. The term of the lease may |
|
not exceed 25 years. |
|
(c) The district may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the property as |
|
security for the payment of the purchase price. A contract entered |
|
into under this subsection must provide that the entire obligation |
|
be retired not later than the fifth anniversary of the date of the |
|
contract. |
|
(d) The district may sell or otherwise dispose of any |
|
property, including equipment, on terms the board finds are in the |
|
best interest of the district's inhabitants. (Acts 63rd Leg., |
|
R.S., Ch. 513, Secs. 10(a) (part), (b) (part).) |
|
Sec.1025.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary or convenient for the |
|
district to exercise a power, right, or privilege conferred by this |
|
chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 63rd Leg., R.S., Ch. 513, Sec. |
|
14.) |
|
Sec.1025.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 63rd Leg., R.S., Ch. 513, |
|
Sec. 18.) |
|
Sec.1025.110.CONSTRUCTION CONTRACTS. A construction |
|
contract that involves the expenditure of more than $10,000 may be |
|
made only after advertising in the manner provided by Chapter 252 |
|
and Subchapter C, Chapter 262, Local Government Code. (Acts 63rd |
|
Leg., R.S., Ch. 513, Sec. 10(b) (part).) |
|
Sec.1025.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 63rd Leg., R.S., Ch. 513, Sec. 10(a) |
|
(part).) |
|
Sec. 1025.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries for the care |
|
and treatment of a sick or injured person of that county or |
|
municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for the treatment of a sick or injured person. (Acts 63rd |
|
Leg., R.S., Ch. 513, Sec. 5 (part).) |
|
Sec. 1025.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district |
|
to provide investigatory or other services as to the medical, |
|
hospital, or welfare needs of district inhabitants. (Acts 63rd |
|
Leg., R.S., Ch. 513, Sec. 5 (part).) |
|
Sec.1025.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment in the hospital, the amount of the costs that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(f) A final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 63rd Leg., R.S., Ch. 513, Sec. 17.) |
|
Sec.1025.115.AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 63rd Leg., R.S., Ch. |
|
513, Sec. 5 (part).) |
|
[Sections 1025.116-1025.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1025.151.BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand in each district fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 63rd Leg., |
|
R.S., Ch. 513, Sec. 6 (part).) |
|
Sec.1025.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) Notice of the hearing must be published one time at |
|
least 10 days before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the taxpayers |
|
and that the law warrants. (Acts 63rd Leg., R.S., Ch. 513, Sec. 6 |
|
(part).) |
|
Sec.1025.153.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 63rd Leg., R.S., Ch. 513, Sec. 6 (part).) |
|
Sec.1025.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 63rd Leg., R.S., Ch. 513, Sec. 6 (part).) |
|
Sec.1025.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period that revenue bonds of the district |
|
are outstanding; or |
|
(2) more than once in a 24-month period. (Acts 63rd |
|
Leg., R.S., Ch. 513, Sec. 6 (part).) |
|
Sec.1025.156.AUDIT. The board shall have an audit made of |
|
the district's financial condition. (Acts 63rd Leg., R.S., Ch. |
|
513, Sec. 6 (part).) |
|
Sec.1025.157.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
The audit and other district records shall be open to inspection at |
|
the district's principal office. (Acts 63rd Leg., R.S., Ch. 513, |
|
Sec. 6 (part).) |
|
Sec.1025.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 63rd Leg., R.S., Ch. 513, Sec. 6 (part).) |
|
Sec.1025.159.DEPOSITORY. (a) The board shall select one |
|
or more banks in the district to serve as a depository for district |
|
money. |
|
(b) District money, other than money invested as provided by |
|
Section 1025.160(b), and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to place a part of district money on time |
|
deposit or to purchase certificates of deposit. |
|
(d) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or other security in an amount sufficient to secure from loss the |
|
district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 63rd Leg., R.S., Ch. 513, |
|
Sec. 11.) |
|
Sec.1025.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Section 1025.107(c) and by |
|
Subchapter E, the district may not incur an obligation payable from |
|
district revenue other than the revenue on hand or to be on hand in |
|
the current and following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 63rd Leg., R.S., Ch. 513, Secs. 5 |
|
(part), 10(b) (part).) |
|
[Sections 1025.161-1025.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1025.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 63rd Leg., R.S., Ch. 513, Sec. 7(a) (part).) |
|
Sec.1025.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1025.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of all taxable property in the |
|
district. (Acts 63rd Leg., R.S., Ch. 513, Sec. 7(a) (part).) |
|
Sec.1025.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters. |
|
(b) The order calling the election shall provide for clerks |
|
as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. (Acts 63rd Leg., R.S., Ch. 513, |
|
Sec. 7(a) (part).) |
|
Sec.1025.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 63rd Leg., R.S., Ch. 513, |
|
Sec. 7(c) (part).) |
|
Sec.1025.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 63rd Leg., |
|
R.S., Ch. 513, Sec. 7(c) (part).) |
|
Sec.1025.206.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
63rd Leg., R.S., Ch. 513, Sec. 9 (part).) |
|
Sec.1025.207.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding |
|
indebtedness issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bonds |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 63rd |
|
Leg., R.S., Ch. 513, Secs. 7(a) (part), 7(b) (part), 9 (part).) |
|
Sec.1025.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 63rd |
|
Leg., R.S., Ch. 513, Sec. 21 (part).) |
|
[Sections 1025.209-1025.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1025.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The board shall impose the tax to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The board may not impose a tax to pay the principal of or |
|
interest on revenue bonds issued under this chapter. (Acts 63rd |
|
Leg., R.S., Ch. 513, Secs. 12 (part), 15(a) (part).) |
|
Sec.1025.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 63rd |
|
Leg., R.S., Ch. 513, Secs. 3(b) (part), 12 (part).) |
|
Sec. 1025.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
elects to have taxes assessed and collected under Section 1025.254. |
|
(b) The tax assessor-collector of Wichita County shall |
|
assess and collect taxes imposed by the district. (Acts 63rd Leg., |
|
R.S., Ch. 513, Secs. 15(a) (part), (b) (part).) |
|
Sec. 1025.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
assessed and collected by a tax assessor-collector appointed by the |
|
board. An election under this subsection must be made by December 1 |
|
and governs the manner in which taxes are assessed and collected, |
|
until changed by a similar resolution. |
|
(b) The district tax assessor-collector must: |
|
(1) reside in the district; and |
|
(2) own real property subject to district taxation. |
|
(c) The board shall set for the district tax |
|
assessor-collector: |
|
(1) the term of employment; and |
|
(2) compensation. (Acts 63rd Leg., R.S., Ch. 513, |
|
Secs. 15(a) (part), (c) (part).) |
|
CHAPTER 1026. FARWELL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1026.001. DEFINITIONS |
|
Sec. 1026.002. AUTHORITY FOR OPERATION |
|
Sec. 1026.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1026.004. DISTRICT TERRITORY |
|
Sec. 1026.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1026.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1026.007. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1026.008-1026.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1026.051. BOARD ELECTION; TERMS |
|
Sec. 1026.052. NOTICE OF ELECTION |
|
Sec. 1026.053. BALLOT PETITION |
|
Sec. 1026.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1026.055. BOARD VACANCY |
|
Sec. 1026.056. OFFICERS |
|
Sec. 1026.057. COMPENSATION; EXPENSES |
|
Sec. 1026.058. PETITION TO CHANGE NUMBER OF DIRECTORS |
|
Sec. 1026.059. VOTING REQUIREMENT |
|
Sec. 1026.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1026.061. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1026.062. EMPLOYEES; APPOINTMENT OF STAFF |
|
[Sections 1026.063-1026.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1026.101. DISTRICT RESPONSIBILITY |
|
Sec. 1026.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1026.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1026.104. HOSPITAL SYSTEM |
|
Sec. 1026.105. RULES |
|
Sec. 1026.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1026.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1026.108. EMINENT DOMAIN |
|
Sec. 1026.109. GIFTS AND ENDOWMENTS |
|
Sec. 1026.110. CONSTRUCTION CONTRACTS |
|
Sec. 1026.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1026.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1026.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1026.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1026.115. REIMBURSEMENT FOR SERVICES |
|
Sec. 1026.116. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1026.117-1026.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1026.151. BUDGET |
|
Sec. 1026.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1026.153. AMENDMENTS TO BUDGET |
|
Sec. 1026.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1026.155. FISCAL YEAR |
|
Sec. 1026.156. AUDIT |
|
Sec. 1026.157. INSPECTION OF AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1026.158. FINANCIAL REPORT |
|
Sec. 1026.159. DEPOSITORY |
|
Sec. 1026.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1026.161-1026.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1026.201. GENERAL OBLIGATION BONDS |
|
Sec. 1026.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1026.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1026.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1026.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1026.206. REVENUE BONDS |
|
Sec. 1026.207. REFUNDING BONDS |
|
Sec. 1026.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1026.209-1026.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1026.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1026.252. TAX RATE |
|
Sec. 1026.253. ASSESSMENT AND COLLECTION BY SCHOOL |
|
DISTRICT ASSESSOR-COLLECTOR |
|
Sec. 1026.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
TAX ASSESSOR-COLLECTOR |
|
Sec. 1026.255. ASSESSMENT AND COLLECTION BY TAX |
|
ASSESSOR-COLLECTOR OF ANOTHER |
|
POLITICAL SUBDIVISION |
|
CHAPTER 1026. FARWELL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1026.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Farwell Hospital District. |
|
(New.) |
|
Sec.1026.002.AUTHORITY FOR OPERATION. The district |
|
operates in accordance with Section 9, Article IX, Texas |
|
Constitution, and has the rights, powers, and duties provided by |
|
this chapter. (Acts 64th Leg., R.S., Ch. 73, Sec. 1 (part).) |
|
Sec.1026.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 64th Leg., R.S., Ch. 73, Sec. 21 (part).) |
|
Sec.1026.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of the Farwell |
|
Independent School District in Parmer County, Texas, as those |
|
boundaries existed on January 1, 1975. (Acts 64th Leg., R.S., Ch. |
|
73, Sec. 1 (part).) |
|
Sec.1026.005.CORRECTION OF INVALID PROCEDURES. If a court |
|
holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 64th Leg., R.S., Ch. 73, Sec. 23 (part).) |
|
Sec. 1026.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 64th |
|
Leg., R.S., Ch. 73, Sec. 20 (part).) |
|
Sec.1026.007.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 64th Leg., R.S., Ch. 73, Sec. 20 (part).) |
|
[Sections 1026.008-1026.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1026.051.BOARD ELECTION; TERMS. (a) The board |
|
consists of nine directors elected from the district at large. |
|
(b) Directors serve staggered two-year terms unless |
|
four-year terms are established under Section 285.081, Health and |
|
Safety Code. (Acts 64th Leg., R.S., Ch. 73, Sec. 4(c) (part).) |
|
Sec.1026.052.NOTICE OF ELECTION. At least 30 days before |
|
the date of an election of directors, notice of the election shall |
|
be published one time in a newspaper or newspapers that |
|
individually or collectively have general circulation in the |
|
district. (Acts 64th Leg., R.S., Ch. 73, Sec. 4(c) (part).) |
|
Sec.1026.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by at least 10 qualified taxpaying voters; |
|
and |
|
(2) filed at least 30 days before the date of the |
|
election. (Acts 64th Leg., R.S., Ch. 73, Sec. 4(c) (part).) |
|
Sec.1026.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be appointed or elected as a director unless the person is: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; |
|
(2) a district employee; or |
|
(3) a member of the staff of the hospital. (Acts 64th |
|
Leg., R.S., Ch. 73, Sec. 4(d).) |
|
Sec.1026.055.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 64th Leg., R.S., Ch. 73, Sec. |
|
4(c) (part).) |
|
Sec.1026.056.OFFICERS. (a) The board shall elect: |
|
(1) a president and a vice president from among its |
|
members; and |
|
(2) a secretary, who need not be a director. |
|
(b) Each officer of the board serves for a term of one year. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 64th Leg., R.S., Ch. 73, Sec. 4(e) (part).) |
|
Sec.1026.057.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 64th Leg., R.S., Ch. |
|
73, Sec. 4(e) (part).) |
|
Sec.1026.058.PETITION TO CHANGE NUMBER OF DIRECTORS. (a) |
|
A petition to increase or decrease the number of directors by one or |
|
two directors may be presented to the board at any time. |
|
(b) A petition to increase or decrease the number of |
|
directors must: |
|
(1) be executed by at least 100 registered voters of |
|
the district; and |
|
(2) suggest the number of directors the petitioners |
|
believe are required for the orderly administration of district |
|
affairs. |
|
(c) Not later than the 90th day after the date a proper |
|
petition is presented to the board, the board shall order an |
|
election on the question of changing the number of directors to a |
|
number not to exceed the number suggested by the petition. |
|
(d) The order calling the election shall provide for |
|
election officials as in county elections and must specify: |
|
(1) the date of the election; and |
|
(2) the location of the polling places. |
|
(e) Notice of the election shall be published as provided by |
|
Section 1251.003, Government Code. |
|
(f) The ballot for the election shall be printed to permit |
|
voting for or against the proposition: "Providing for an increase |
|
(decrease) in the number of directors of the Farwell Hospital |
|
District." |
|
(g) If a proposition to increase the number of directors is |
|
approved by a majority of the voters participating in the election: |
|
(1) each director in office shall continue to serve |
|
for the term for which the director was elected or appointed; and |
|
(2) the board shall appoint any additional directors |
|
to serve until the next regular election of directors, at which time |
|
a successor shall be elected. |
|
(h) If a proposition to decrease the number of directors is |
|
approved by a majority of the voters participating in the election: |
|
(1) the reduction takes effect at the next regular |
|
election or election of directors; and |
|
(2) not more than one position may be deleted at each |
|
election. |
|
(i) Another election for the same purpose may not be held |
|
before the third anniversary of the date of an election under this |
|
section. (Acts 64th Leg., R.S., Ch. 73, Sec. 4(f) (part).) |
|
Sec.1026.059.VOTING REQUIREMENT. A concurrence of five |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 64th Leg., R.S., Ch. 73, Sec. 4(e) (part).) |
|
Sec. 1026.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
district administrator. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The district administrator and any assistant |
|
administrator serve at the will of the board and are entitled to the |
|
compensation determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 64th Leg., R.S., Ch. 73, Sec. 5 (part).) |
|
Sec.1026.061.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 64th |
|
Leg., R.S., Ch. 73, Sec. 5 (part).) |
|
Sec.1026.062.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as necessary. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to hire district employees, including technicians and |
|
nurses. (Acts 64th Leg., R.S., Ch. 73, Secs. 5 (part), 16.) |
|
[Sections 1026.063-1026.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1026.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating all hospital facilities for |
|
providing hospital care for the district's needy inhabitants. (Acts |
|
64th Leg., R.S., Ch. 73, Sec. 19 (part).) |
|
Sec. 1026.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located within the |
|
district may not impose a tax or issue bonds or other obligations |
|
for hospital purposes or to provide medical care for district |
|
inhabitants. (Acts 64th Leg., R.S., Ch. 73, Sec. 19 (part).) |
|
Sec.1026.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 64th Leg., R.S., Ch. |
|
73, Sec. 5 (part).) |
|
Sec.1026.104.HOSPITAL SYSTEM. (a) The district shall |
|
provide for the establishment of a hospital system by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and equipment; |
|
(2) equipping the buildings; and |
|
(3) administering the buildings and equipment for |
|
hospital purposes. |
|
(b) The hospital system may include: |
|
(1) domiciliary care and treatment of the sick, |
|
injured, or geriatric; |
|
(2) outpatient clinics; |
|
(3) dispensaries; |
|
(4) convalescent home facilities; |
|
(5) necessary nurses; |
|
(6) domiciliaries and training centers; |
|
(7) blood banks; |
|
(8) community mental health centers; |
|
(9) research centers or laboratories; and |
|
(10) any other facilities the board considers |
|
necessary for hospital or extended medical care. (Acts 64th Leg., |
|
R.S., Ch. 73, Secs. 2 (part), 10 (part).) |
|
Sec.1026.105.RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 64th Leg., R.S., Ch. 73, Sec. |
|
5 (part).) |
|
Sec.1026.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 64th |
|
Leg., R.S., Ch. 73, Sec. 10 (part).) |
|
Sec. 1026.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system. |
|
(b) The board may lease all or part of the district's |
|
buildings and other facilities on terms considered to be in the best |
|
interest of the district's inhabitants. The term of the lease may |
|
not exceed 25 years. |
|
(c) The board may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the property as |
|
security for the payment of the purchase price. A contract entered |
|
into under this subsection must provide that the entire obligation |
|
be retired not later than the fifth anniversary of the date of the |
|
contract. |
|
(d) The board may sell or otherwise dispose of any property, |
|
including equipment, on terms the board finds are in the best |
|
interest of the district's inhabitants. (Acts 64th Leg., R.S., Ch. |
|
73, Sec. 10 (part).) |
|
Sec.1026.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary or convenient for the |
|
district to exercise a power, right, or privilege conferred by this |
|
chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 64th Leg., R.S., Ch. 73, Sec. 14.) |
|
Sec.1026.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the directors, |
|
limitations, or other provisions prescribed in writing by the donor |
|
that are not inconsistent with the proper management and objectives |
|
of the district. (Acts 64th Leg., R.S., Ch. 73, Sec. 18.) |
|
Sec.1026.110.CONSTRUCTION CONTRACTS. A construction |
|
contract that involves the expenditure of more than $10,000 may be |
|
made only after advertising in the manner provided by Chapter 252 |
|
and Subchapter C, Chapter 262, Local Government Code. (Acts 64th |
|
Leg., R.S., Ch. 73, Sec. 10 (part).) |
|
Sec.1026.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 64th Leg., R.S., Ch. 73, Sec. 10 |
|
(part).) |
|
Sec. 1026.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries for the care |
|
and treatment of a sick or injured person of that county or |
|
municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for the treatment of a sick or injured person. (Acts 64th |
|
Leg., R.S., Ch. 73, Sec. 5 (part).) |
|
Sec. 1026.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district to |
|
provide investigatory or other services as to the medical, |
|
hospital, or welfare needs of district inhabitants. (Acts 64th |
|
Leg., R.S., Ch. 73, Sec. 5 (part).) |
|
Sec.1026.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient is admitted to a district facility, the district |
|
administrator may have an inquiry made into the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) Except as otherwise provided by this chapter, if the |
|
district administrator determines that the patient or those |
|
relatives cannot pay all or part of the costs of the care and |
|
treatment in the hospital, the amount of the costs that cannot be |
|
paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(f) A final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 64th Leg., R.S., Ch. 73, Sec. 17.) |
|
Sec.1026.115.REIMBURSEMENT FOR SERVICES. If the district |
|
provides care or treatment for a sick or injured person who is not a |
|
district resident, the district may collect the reasonable value of |
|
the hospital care from a political subdivision responsible for that |
|
care. Venue in any court proceeding is in Parmer County. (Acts |
|
64th Leg., R.S., Ch. 73, Sec. 5 (part).) |
|
Sec.1026.116.AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 64th Leg., R.S., Ch. |
|
73, Sec. 5 (part).) |
|
[Sections 1026.117-1026.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1026.151.BUDGET. (a) The district administrator or, |
|
if there is none, the president of the board shall prepare an annual |
|
budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand in each district fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 64th Leg., |
|
R.S., Ch. 73, Sec. 6 (part).) |
|
Sec.1026.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) Notice of the hearing must be published one time at |
|
least 10 days before the date of the hearing. |
|
(c) Any district taxpayer is entitled to be present and |
|
participate in the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the proposed budget. The board may make |
|
changes in the proposed budget that the board judges to be in the |
|
interest of the taxpayers and that the law warrants. (Acts 64th |
|
Leg., R.S., Ch. 73, Sec. 6 (part).) |
|
Sec.1026.153.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 64th Leg., R.S., Ch. 73, Sec. 6 (part).) |
|
Sec.1026.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 64th Leg., R.S., Ch. 73, Sec. 6 (part).) |
|
Sec.1026.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed more than once in a |
|
24-month period. (Acts 64th Leg., R.S., Ch. 73, Sec. 6 (part).) |
|
Sec.1026.156.AUDIT. The board shall have an audit made of |
|
the district's financial condition. (Acts 64th Leg., R.S., Ch. 73, |
|
Sec. 6 (part).) |
|
Sec.1026.157.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
The audit and other district records shall be open to inspection at |
|
the district's principal office. (Acts 64th Leg., R.S., Ch. 73, |
|
Sec. 6 (part).) |
|
Sec.1026.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 64th Leg., R.S., Ch. 73, Sec. 6 (part).) |
|
Sec.1026.159.DEPOSITORY. (a) The board shall select one |
|
or more banks inside or outside the district to serve as a |
|
depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1026.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued by the district, shall be deposited as |
|
received with the depository bank and shall remain on deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to place a part of district money on time |
|
deposit or to purchase certificates of deposit. (Acts 64th Leg., |
|
R.S., Ch. 73, Sec. 11.) |
|
Sec.1026.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Section 1026.107(c) and by |
|
Subchapter E, the district may not incur an obligation payable from |
|
district revenue other than the revenue on hand or to be on hand in |
|
the current and following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 64th Leg., R.S., Ch. 73, Secs. 5 |
|
(part), 10 (part).) |
|
[Sections 1026.161-1026.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1026.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings and improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 64th Leg., R.S., Ch. 73, Sec. 7 (part).) |
|
Sec.1026.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1026.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section may not in any year |
|
exceed 75 cents on each $100 valuation of all taxable property in |
|
the district. (Acts 64th Leg., R.S., Ch. 73, Sec. 7 (part).) |
|
Sec.1026.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The order calling the election shall provide for clerks |
|
as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judge for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(c) Notice of a bond election shall be published in a |
|
newspaper as provided by Section 1251.003, Government Code. (Acts |
|
64th Leg., R.S., Ch. 73, Sec. 7 (part).) |
|
Sec.1026.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 64th Leg., R.S., Ch. 73, |
|
Sec. 7 (part).) |
|
Sec.1026.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 64th Leg., |
|
R.S., Ch. 73, Sec. 7 (part).) |
|
Sec.1026.206.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
64th Leg., R.S., Ch. 73, Sec. 9 (part).) |
|
Sec.1026.207.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding |
|
indebtedness issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 64th |
|
Leg., R.S., Ch. 73, Secs. 7 (part), 9 (part).) |
|
Sec.1026.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 64th |
|
Leg., R.S., Ch. 73, Sec. 21 (part).) |
|
[Sections 1026.209-1026.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1026.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The board shall impose the tax to pay: |
|
(1) indebtedness issued by the district; and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 64th |
|
Leg., R.S., Ch. 73, Secs. 12 (part), 15(a) (part).) |
|
Sec.1026.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 64th |
|
Leg., R.S., Ch. 73, Secs. 3 (part), 12 (part).) |
|
Sec. 1026.253. ASSESSMENT AND COLLECTION BY SCHOOL DISTRICT |
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
elects to have taxes assessed and collected under Section 1026.254 |
|
or 1026.255. |
|
(b) The tax assessor-collector of the Farwell Independent |
|
School District shall assess and collect taxes imposed by the |
|
district. (Acts 64th Leg., R.S., Ch. 73, Secs. 15(a) (part), (b) |
|
(part).) |
|
Sec. 1026.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
assessed and collected by a tax assessor-collector appointed by the |
|
board. An election under this subsection must be made by December 1 |
|
and governs the manner in which taxes are assessed and collected, |
|
until changed by a similar resolution. |
|
(b) The district tax assessor-collector must: |
|
(1) reside in the district; and |
|
(2) own real property subject to district taxation. |
|
(c) The board shall set for the district tax |
|
assessor-collector: |
|
(1) the term of employment; and |
|
(2) compensation. (Acts 64th Leg., R.S., Ch. 73, |
|
Secs. 15(a) (part), (c) (part).) |
|
Sec. 1026.255. ASSESSMENT AND COLLECTION BY TAX |
|
ASSESSOR-COLLECTOR OF ANOTHER POLITICAL SUBDIVISION. (a) The |
|
board may elect to have district taxes assessed and collected by the |
|
tax assessor-collector of a political subdivision located wholly or |
|
partly in the district. An election under this subsection must be |
|
made by December 1 and governs the manner in which taxes are |
|
assessed and collected, until changed by a similar resolution. |
|
(b) The tax assessor-collector of the political subdivision |
|
shall assess and collect the appropriate district taxes in |
|
accordance with the board's election under Subsection (a). (Acts |
|
64th Leg., R.S., Ch. 73, Secs. 15(a) (part), (d) (part).) |
|
CHAPTER 1027. FISHER COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1027.001. DEFINITIONS |
|
Sec. 1027.002. AUTHORITY FOR OPERATION |
|
Sec. 1027.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1027.004. DISTRICT TERRITORY |
|
Sec. 1027.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1027.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
[Sections 1027.007-1027.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1027.051. BOARD ELECTION; TERM |
|
Sec. 1027.052. CHANGE IN ELECTION FORMAT |
|
Sec. 1027.053. NOTICE OF ELECTION |
|
Sec. 1027.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1027.055. BOARD VACANCY |
|
Sec. 1027.056. OFFICERS |
|
Sec. 1027.057. COMPENSATION; EXPENSES |
|
Sec. 1027.058. VOTING REQUIREMENT |
|
Sec. 1027.059. DISTRICT ADMINISTRATOR |
|
Sec. 1027.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1027.061. APPOINTMENT AND RECRUITMENT OF STAFF |
|
AND EMPLOYEES |
|
[Sections 1027.062-1027.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1027.101. DISTRICT RESPONSIBILITY AND AUTHORITY |
|
Sec. 1027.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1027.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1027.104. HOSPITAL SYSTEM |
|
Sec. 1027.105. RULES |
|
Sec. 1027.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1027.107. PROVISION OF CERTAIN HEALTH SERVICES |
|
Sec. 1027.108. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1027.109. EMINENT DOMAIN |
|
Sec. 1027.110. GIFTS AND ENDOWMENTS |
|
Sec. 1027.111. CONSTRUCTION CONTRACTS |
|
Sec. 1027.112. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1027.113. CONTRACTS FOR CARE AND TREATMENT |
|
Sec. 1027.114. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1027.115. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1027.116. AUTHORITY TO SUE AND BE SUED |
|
Sec. 1027.117. AUTHORITY TO PROVIDE HEALTH CARE |
|
SERVICES |
|
[Sections 1027.118-1027.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1027.151. BUDGET |
|
Sec. 1027.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1027.153. AMENDMENTS TO BUDGET |
|
Sec. 1027.154. FISCAL YEAR |
|
Sec. 1027.155. AUDIT |
|
Sec. 1027.156. INSPECTION OF AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1027.157. FINANCIAL REPORT |
|
Sec. 1027.158. DEPOSITORY |
|
Sec. 1027.159. SPENDING AND INVESTMENT RESTRICTIONS |
|
Sec. 1027.160. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
|
SECURITY |
|
[Sections 1027.161-1027.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1027.201. GENERAL OBLIGATION BONDS |
|
Sec. 1027.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1027.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1027.204. REVENUE BONDS |
|
Sec. 1027.205. REFUNDING BONDS |
|
Sec. 1027.206. MATURITY OF BONDS |
|
Sec. 1027.207. EXECUTION OF BONDS |
|
Sec. 1027.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1027.209-1027.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1027.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1027.252. TAX RATE |
|
Sec. 1027.253. TAX ASSESSOR-COLLECTOR |
|
[Sections 1027.254-1027.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1027.301. DISSOLUTION; ELECTION |
|
Sec. 1027.302. NOTICE OF ELECTION |
|
Sec. 1027.303. BALLOT |
|
Sec. 1027.304. ELECTION RESULTS |
|
Sec. 1027.305. SALE OR TRANSFER OF ASSETS AND |
|
LIABILITIES |
|
CHAPTER 1027. FISHER COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1027.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Fisher County Hospital |
|
District. (New.) |
|
Sec.1027.002.AUTHORITY FOR OPERATION. The district |
|
operates in accordance with Section 9, Article IX, Texas |
|
Constitution, and has the rights, powers, and duties provided by |
|
this chapter. (Acts 63rd Leg., R.S., Ch. 448, Sec. 1 (part).) |
|
Sec.1027.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 63rd Leg., R.S., Ch. 448, Sec. 22 (part).) |
|
Sec.1027.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Fisher County, |
|
Texas. (Acts 63rd Leg., R.S., Ch. 448, Sec. 1 (part).) |
|
Sec.1027.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms to |
|
the constitution. (Acts 63rd Leg., R.S., Ch. 448, Sec. 24 (part).) |
|
Sec. 1027.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support or maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 63rd |
|
Leg., R.S., Ch. 448, Sec. 21 (part).) |
|
[Sections 1027.007-1027.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1027.051.BOARD ELECTION; TERM. (a) The board |
|
consists of five directors elected from the district at large |
|
unless the board changes the method for electing directors under |
|
Section 1027.052. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; and |
|
(2) three directors are elected in one year and two |
|
directors are elected the following year. |
|
(c) An election shall be held on the uniform election date |
|
in May of each year to elect the appropriate number of directors. |
|
(d) The board shall announce the election results. (Acts |
|
63rd Leg., R.S., Ch. 448, Secs. 4(a) (part), (c) (part), (f), (i) |
|
(part); Acts 64th Leg., R.S., Ch. 313, Sec. 2.) |
|
Sec.1027.052.CHANGE IN ELECTION FORMAT. (a) On its own |
|
initiative or on receipt of a petition signed by a number of |
|
district residents equal to at least 10 percent of the district's |
|
registered voters, the board by order shall seek input from |
|
district residents to determine whether to change the method of |
|
electing directors under this chapter to one of the following |
|
methods: |
|
(1) four single-member districts and one at-large |
|
member; |
|
(2) five single-member districts; |
|
(3) four single-member districts, with each district |
|
coextensive with a county commissioner's precinct, and one at-large |
|
member; or |
|
(4) cumulative voting. |
|
(b) Not later than the 30th day after the date the board |
|
enters the order, the board shall establish an advisory committee |
|
composed of district residents to advise and assist the board in |
|
making the determination required by Subsection (a). Committee |
|
members must represent all segments of the district's population. |
|
(c) Not later than the 60th day after the date the advisory |
|
committee is established, the committee shall hold a public hearing |
|
regarding the proposed change in the election format. Not later |
|
than the 30th day after the date the public hearing is held, the |
|
committee shall submit a recommendation to the board that includes |
|
comments and concerns raised by district residents regarding any |
|
proposed change in the election format. |
|
(d) After reviewing the advisory committee recommendation, |
|
the board may adopt an order changing the method by which directors |
|
are elected. |
|
(e) A change in the election format adopted by the board |
|
under this section shall be implemented at the next general |
|
directors' election for which the change can be implemented |
|
consistently with the Election Code and federal law. (Acts 63rd |
|
Leg., R.S., Ch. 448, Sec. 4A.) |
|
Sec.1027.053.NOTICE OF ELECTION. (a) At least 35 days |
|
before the date of an election of directors, notice of the election |
|
shall be published one time in a newspaper of general circulation in |
|
the district. |
|
(b) The election notice shall state: |
|
(1) the purpose of the election; |
|
(2) the date of the election; and |
|
(3) the location of the polling places. (Acts 63rd |
|
Leg., R.S., Ch. 448, Sec. 4(c) (part).) |
|
Sec.1027.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not serve as a director unless the person is: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; or |
|
(2) a district employee. (Acts 63rd Leg., R.S., Ch. |
|
448, Sec. 4(b) (part).) |
|
Sec.1027.055.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 63rd Leg., R.S., Ch. 448, |
|
Sec. 4(a) (part).) |
|
Sec.1027.056.OFFICERS. (a) The board shall elect: |
|
(1) a president and a vice president from among its |
|
members; and |
|
(2) a secretary, who need not be a director. |
|
(b) Each officer of the board serves for a term of one year. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 63rd Leg., R.S., Ch. 448, Sec. 4(j) (part).) |
|
Sec.1027.057.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 63rd Leg., R.S., Ch. |
|
448, Sec. 4(j) (part).) |
|
Sec.1027.058.VOTING REQUIREMENT. A concurrence of three |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 63rd Leg., R.S., Ch. 448, Sec. 4(j) (part).) |
|
Sec.1027.059.DISTRICT ADMINISTRATOR. (a) The board shall |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to the compensation determined by the board. |
|
(c) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(d) The cost of the bond is the responsibility of the |
|
district. (Acts 63rd Leg., R.S., Ch. 448, Sec. 5(b) (part).) |
|
Sec.1027.060.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 63rd |
|
Leg., R.S., Ch. 448, Sec. 5(b) (part).) |
|
Sec. 1027.061. APPOINTMENT AND RECRUITMENT OF STAFF AND |
|
EMPLOYEES. (a) The board may appoint to the staff any doctors the |
|
board considers necessary for the efficient operation of the |
|
district and may make temporary appointments as necessary. |
|
(b) The board shall determine the type, number, and location |
|
of district employees required to maintain an adequate hospital |
|
system. The board may employ fiscal agents, accountants, |
|
architects, attorneys, and other employees the board considers |
|
proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to: |
|
(1) hire district employees, including medical |
|
practitioners, technicians, and nurses; and |
|
(2) incur reasonable and necessary expenses relating |
|
to the search, recruitment, and hiring of medical practitioners and |
|
district employees, including contracting with a private entity |
|
such as a professional recruiting service. (Acts 63rd Leg., R.S., |
|
Ch. 448, Secs. 5(c), 10(a) (part), 17.) |
|
[Sections 1027.062-1027.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1027.101.DISTRICT RESPONSIBILITY AND AUTHORITY. The |
|
district has full responsibility for: |
|
(1) operating hospital facilities and furnishing |
|
medical and hospital care for the district's needy residents; and |
|
(2) providing hospital care for the district's |
|
indigent residents. (Acts 63rd Leg., R.S., Ch. 448, Secs. 2 (part), |
|
20 (part).) |
|
Sec. 1027.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located within the |
|
district may not impose a tax or issue bonds or other obligations |
|
for hospital purposes or to provide medical care. (Acts 63rd Leg., |
|
R.S., Ch. 448, Sec. 20 (part).) |
|
Sec.1027.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
(a) The board shall manage, control, and administer the hospital |
|
system and the district's money and resources. |
|
(b) Unless specifically stated otherwise in this chapter, |
|
the board has the power to do anything which, in their opinion, is |
|
necessary for the good maintenance, operation, and welfare of the |
|
district and the district's employees, patients, and property. |
|
(Acts 63rd Leg., R.S., Ch. 448, Secs. 5(a) (part), 21 (part).) |
|
Sec.1027.104.HOSPITAL SYSTEM. (a) The district shall |
|
provide for the establishment of a hospital system by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and equipment; |
|
(2) equipping the buildings; and |
|
(3) administering the buildings and equipment for |
|
hospital purposes. |
|
(b) The hospital system may include: |
|
(1) facilities for domiciliary care of the sick, |
|
injured, or geriatric; |
|
(2) facilities for outpatient clinics; |
|
(3) dispensaries; |
|
(4) convalescent home facilities; |
|
(5) necessary nurses' domiciliaries and training |
|
centers; |
|
(6) blood banks; |
|
(7) research centers and laboratories; and |
|
(8) ambulance and other facilities or services the |
|
board considers necessary for hospital care. (Acts 63rd Leg., |
|
R.S., Ch. 448, Secs. 2 (part), 10(a) (part).) |
|
Sec.1027.105.RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 63rd Leg., R.S., Ch. 448, |
|
Sec. 5(a) (part).) |
|
Sec.1027.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 63rd |
|
Leg., R.S., Ch. 448, Sec. 11 (part).) |
|
Sec.1027.107.PROVISION OF CERTAIN HEALTH SERVICES. In |
|
the geographic service area designated by the board, the district |
|
may operate or provide for: |
|
(1) the operation of a mobile emergency medical |
|
service; and |
|
(2) home health services, long-term care services, |
|
skilled nursing care services, intermediate nursing care services, |
|
assisted living services, hospice care, or other health-related |
|
services. (Acts 63rd Leg., R.S., Ch. 448, Sec. 2 (part).) |
|
Sec. 1027.108. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type of equipment and |
|
the type, number, and location of buildings required to maintain an |
|
adequate hospital system. |
|
(b) The board may lease all or part of the district's |
|
buildings and other facilities on terms considered to be in the best |
|
interest of the district's inhabitants. The term of the lease may |
|
not exceed 25 years. |
|
(c) The district may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the property as |
|
security for the payment of the purchase price. A contract entered |
|
into under this subsection must provide that the entire obligation |
|
be retired not later than the fifth anniversary of the date of the |
|
contract. |
|
(d) The district may sell or otherwise dispose of any |
|
property, including equipment, on terms the board finds are in the |
|
best interest of the district's inhabitants. The board may not sell |
|
or dispose of any real property unless the board affirmatively |
|
finds that the real property is not needed for the operation of the |
|
hospital system. (Acts 63rd Leg., R.S., Ch. 448, Secs. 10(a) |
|
(part), (b) (part), 11 (part).) |
|
Sec.1027.109.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary for the district to exercise |
|
a power, right, or privilege conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 63rd Leg., R.S., Ch. 448, Sec. |
|
15.) |
|
Sec.1027.110.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objective of the district. (Acts 63rd Leg., R.S., Ch. 448, Sec. |
|
19.) |
|
Sec.1027.111.CONSTRUCTION CONTRACTS. A construction |
|
contract that involves the expenditure of more than $10,000 may be |
|
made only after advertising in the manner provided by Chapter 252, |
|
Local Government Code. (Acts 63rd Leg., R.S., Ch. 448, Sec. 11 |
|
(part).) |
|
Sec.1027.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 63rd Leg., R.S., Ch. 448, Sec. 10(b) |
|
(part).) |
|
Sec.1027.113.CONTRACTS FOR CARE AND TREATMENT. (a) The |
|
board may contract with a political subdivision of this state or a |
|
public or private hospital, private corporation, partnership, or |
|
cooperative, located inside or outside the district, for the care |
|
and treatment of a sick or injured person of the political |
|
subdivision. |
|
(b) The board may contract with this state or a federal |
|
agency for the treatment of a sick or injured person. (Acts 63rd |
|
Leg., R.S., Ch. 448, Sec. 5(d) (part).) |
|
Sec. 1027.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district to |
|
provide investigatory or other services as to the medical, |
|
hospital, or welfare needs of district inhabitants. (Acts 63rd |
|
Leg., R.S., Ch. 448, Sec. 5(d) (part).) |
|
Sec.1027.115.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment in the hospital, the amount of the costs that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(f) The final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 63rd Leg., R.S., Ch. 448, Sec. 18.) |
|
Sec.1027.116.AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 63rd Leg., R.S., Ch. |
|
448, Sec. 5(a) (part).) |
|
Sec.1027.117.AUTHORITY TO PROVIDE HEALTH CARE SERVICES. |
|
(a) In this section, "health care services" includes: |
|
(1) home health care services; |
|
(2) respiratory or physical therapy services; |
|
(3) mobile emergency medical services; and |
|
(4) clinic services. |
|
(b) This chapter does not limit the district in providing |
|
health care services to any ill or injured person, regardless of |
|
whether the person is a district resident. (Acts 63rd Leg., R.S., |
|
Ch. 448, Sec. 5(e).) |
|
[Sections 1027.118-1027.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1027.151.BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand in each district fund; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 63rd Leg., |
|
R.S., Ch. 448, Sec. 6(a) (part).) |
|
Sec.1027.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) At least 10 days before the date of the hearing, notice |
|
of the hearing shall be published one time in a newspaper or |
|
newspapers that individually or collectively have general |
|
circulation in the district. |
|
(c) Any property tax payer of the district is entitled to be |
|
present and participate at the hearing in accordance with the rules |
|
of decorum and procedures prescribed by the board. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a final budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the taxpayers |
|
and that the law warrants. (Acts 63rd Leg., R.S., Ch. 448, Secs. |
|
6(b), (c) (part).) |
|
Sec.1027.153.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 63rd Leg., R.S., Ch. 448, Sec. 6(c) (part).) |
|
Sec.1027.154.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed more than once in a |
|
24-month period. (Acts 63rd Leg., R.S., Ch. 448, Sec. 6(a) (part).) |
|
Sec.1027.155.AUDIT. (a) The board shall have an |
|
independent audit made of the district's financial condition for |
|
the fiscal year. |
|
(b) As soon as it is completed, the audit shall be filed at |
|
the district's office. (Acts 63rd Leg., R.S., Ch. 448, Sec. 6(a) |
|
(part).) |
|
Sec.1027.156.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
The audit and other district records shall be open to inspection at |
|
the district's principal office. (Acts 63rd Leg., R.S., Ch. 448, |
|
Sec. 6(a) (part).) |
|
Sec.1027.157.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 63rd Leg., R.S., Ch. 448, Sec. 6(c) (part).) |
|
Sec.1027.158.DEPOSITORY. (a) The board shall select one |
|
or more banks inside or outside the district to serve as a |
|
depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1027.159(b), and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to place a part of district money on time |
|
deposit or to purchase certificates of deposit. |
|
(d) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or other security in an amount sufficient to secure from loss the |
|
district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 63rd Leg., R.S., Ch. 448, |
|
Sec. 12.) |
|
Sec.1027.159.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Section 1027.108(c) and by |
|
Subchapter E, the district may not incur an obligation payable from |
|
district revenue other than the revenue on hand or to be on hand in |
|
the current and following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building fund reserves only in funds or securities specified by |
|
Chapter 2256, Government Code. (Acts 63rd Leg., R.S., Ch. 448, |
|
Secs. 5(a) (part), 11 (part).) |
|
Sec. 1027.160. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
|
SECURITY. (a) The board may borrow money at a rate not to exceed |
|
the maximum annual percentage rate allowed by law for district |
|
obligations at the time the loan is made if the board declares that: |
|
(1) money is not available to meet authorized |
|
obligations of the district; and |
|
(2) an emergency exists. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) district taxes to be imposed by the district |
|
during the 12-month period following the date of the pledge that are |
|
not pledged to pay the principal of or interest on district bonds; |
|
or |
|
(3) district bonds that have been authorized but not |
|
sold. (Acts 63rd Leg., R.S., Ch. 448, Sec. 17A.) |
|
[Sections 1027.161-1027.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1027.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose designed to provide, |
|
improve, or expand the district's health care services, including: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; |
|
(2) equipping buildings or improvements for hospital |
|
purposes; and |
|
(3) the acquisition and operation of a mobile |
|
emergency medical service. (Acts 63rd Leg., R.S., Ch. 448, Sec. 7 |
|
(part).) |
|
Sec.1027.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1027.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
tax the district imposes may not in any year exceed the tax rate |
|
approved by the voters at the election authorizing the imposition |
|
of the tax. (Acts 63rd Leg., R.S., Ch. 448, Sec. 7 (part).) |
|
Sec.1027.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The order calling the election shall provide for clerks |
|
as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum maturity of the bonds; and |
|
(6) the maximum interest rate of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. (Acts 63rd Leg., R.S., Ch. 448, |
|
Sec. 7 (part).) |
|
Sec.1027.204.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
63rd Leg., R.S., Ch. 448, Sec. 8(b) (part).) |
|
Sec.1027.205.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bonds |
|
applied to the payment of outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 63rd |
|
Leg., R.S., Ch. 448, Secs. 8(a) (part), (b) (part).) |
|
Sec.1027.206.MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after the date of issuance. (Acts |
|
63rd Leg., R.S., Ch. 448, Sec. 9 (part).) |
|
Sec.1027.207.EXECUTION OF BONDS. (a) The board president |
|
shall execute district bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 63rd Leg., |
|
R.S., Ch. 448, Sec. 9 (part).) |
|
Sec.1027.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 63rd |
|
Leg., R.S., Ch. 448, Sec. 22 (part).) |
|
[Sections 1027.209-1027.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1027.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
annually shall impose a tax on all property in the district subject |
|
to district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds and other obligations issued or assumed by the district for |
|
hospital purposes; |
|
(2) provide for the operation and maintenance of the |
|
district and hospital system, based on the final budget; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 63rd Leg., R.S., Ch. 448, |
|
Secs. 3(b) (part), 13(a) (part).) |
|
Sec.1027.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 63rd |
|
Leg., R.S., Ch. 448, Secs. 3(b) (part), 13(a) (part), (b) (part).) |
|
Sec.1027.253.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 63rd Leg., R.S., Ch. 448, Sec. |
|
16(c).) |
|
[Sections 1027.254-1027.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec.1027.301.DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved and its assets and obligations sold or transferred |
|
to another person only on approval of a majority of the district |
|
voters voting in an election 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. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 300 |
|
registered district voters according to the most recent official |
|
list of registered voters. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition 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. |
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 63rd Leg., R.S., Ch. |
|
448, Secs. 23A(a), (b), (c) (part), (d), (f) (part).) |
|
Sec.1027.302.NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks a substantial copy of the election |
|
order in a newspaper with general circulation in the district. |
|
(b) The first publication of the notice must appear at least |
|
35 days before the date set for the election. (Acts 63rd Leg., |
|
R.S., Ch. 448, Sec. 23A(e).) |
|
Sec.1027.303.BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Fisher County Hospital |
|
District and the _________ (transfer or sale, as appropriate) of |
|
its assets and liabilities in the following manner: _________." |
|
(Acts 63rd Leg., R.S., Ch. 448, Sec. 23A(g).) |
|
Sec.1027.304.ELECTION RESULTS. (a) If the board finds |
|
the election results favor the proposition to dissolve the |
|
district, the board shall: |
|
(1) issue an order declaring the district dissolved; |
|
and |
|
(2) proceed with the sale or transfer of the district's |
|
assets and liabilities according to the plan proposed on the |
|
ballot. |
|
(b) If the board finds the election results do not favor the |
|
proposition to dissolve the district, the board shall continue to |
|
administer the district and another dissolution election may not be |
|
held before the first anniversary of the date of the election in |
|
which voters disapproved the proposition. (Acts 63rd Leg., R.S., |
|
Ch. 448, Sec. 23A(h) (part).) |
|
Sec.1027.305.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
(a) The district may not be dissolved unless the board provides for |
|
the sale or transfer of the district's assets and liabilities to |
|
another person. |
|
(b) The dissolution of the district and the sale or transfer |
|
of the district's assets or liabilities may not: |
|
(1) contravene a trust indenture or bond resolution |
|
relating to the district's outstanding bonds; or |
|
(2) diminish or impair the rights of a holder of an |
|
outstanding bond, warrant, or other obligation of the district. |
|
(c) The 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 district |
|
residents, including the residents' collective property rights in |
|
the district's assets. |
|
(d) The district may transfer or sell the district's assets |
|
only for due compensation, unless the transfer or sale is made to |
|
another governmental agency serving the district and using the |
|
transferred or purchased assets for the benefit of the residents |
|
formerly in the district. |
|
(e) A grant from federal funds is an obligation to be repaid |
|
in full. (Acts 63rd Leg., R.S., Ch. 448, Secs. 23A(i), (j), (k).) |
|
CHAPTER 1028. FOARD COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1028.001. DEFINITIONS |
|
Sec. 1028.002. AUTHORITY FOR OPERATION |
|
Sec. 1028.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1028.004. DISTRICT TERRITORY |
|
Sec. 1028.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1028.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1028.007-1028.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1028.051. BOARD ELECTION; TERMS |
|
Sec. 1028.052. NOTICE OF ELECTION |
|
Sec. 1028.053. BALLOT PETITION |
|
Sec. 1028.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1028.055. BOND |
|
Sec. 1028.056. BOARD VACANCY |
|
Sec. 1028.057. OFFICERS |
|
Sec. 1028.058. COMPENSATION; EXPENSES |
|
Sec. 1028.059. VOTING REQUIREMENT |
|
Sec. 1028.060. DISTRICT ADMINISTRATOR |
|
Sec. 1028.061. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1028.062. ASSISTANT DISTRICT ADMINISTRATOR; |
|
ATTORNEY |
|
Sec. 1028.063. EMPLOYEES; APPOINTMENT OF STAFF |
|
Sec. 1028.064. RETIREMENT BENEFITS |
|
[Sections 1028.065-1028.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1028.101. DISTRICT RESPONSIBILITY |
|
Sec. 1028.102. RESTRICTION ON COUNTY TAXATION AND DEBT |
|
Sec. 1028.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1028.104. RULES |
|
Sec. 1028.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1028.106. MOBILE EMERGENCY MEDICAL SERVICE |
|
Sec. 1028.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1028.108. EMINENT DOMAIN |
|
Sec. 1028.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1028.110. GIFTS AND ENDOWMENTS |
|
Sec. 1028.111. CONSTRUCTION CONTRACTS |
|
Sec. 1028.112. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1028.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR SERVICES |
|
Sec. 1028.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1028.115. REIMBURSEMENT FOR SERVICES |
|
Sec. 1028.116. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1028.117-1028.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1028.151. BUDGET |
|
Sec. 1028.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1028.153. AMENDMENTS TO BUDGET |
|
Sec. 1028.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1028.155. FISCAL YEAR |
|
Sec. 1028.156. ANNUAL AUDIT |
|
Sec. 1028.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1028.158. FINANCIAL REPORT |
|
Sec. 1028.159. DEPOSITORY |
|
Sec. 1028.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1028.161-1028.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1028.201. GENERAL OBLIGATION BONDS |
|
Sec. 1028.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1028.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1028.204. REVENUE BONDS |
|
Sec. 1028.205. REFUNDING BONDS |
|
Sec. 1028.206. MATURITY OF BONDS |
|
Sec. 1028.207. EXECUTION OF BONDS |
|
Sec. 1028.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1028.209-1028.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1028.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1028.252. TAX RATE |
|
Sec. 1028.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1028. FOARD COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1028.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Foard County Hospital |
|
District. (Acts 68th Leg., R.S., Ch. 680, Sec. 1.01.) |
|
Sec.1028.002.AUTHORITY FOR OPERATION. The district |
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
Constitution, and by this chapter. (Acts 68th Leg., R.S., Ch. 680, |
|
Sec. 1.02.) |
|
Sec.1028.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
a public entity performing an essential public function. (Acts |
|
68th Leg., R.S., Ch. 680, Sec. 7.11 (part).) |
|
Sec.1028.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Foard County, |
|
Texas. (Acts 68th Leg., R.S., Ch. 680, Sec. 1.03.) |
|
Sec. 1028.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The state may not become obligated for the support or |
|
maintenance of the district. (Acts 68th Leg., R.S., Ch. 680, Sec. |
|
9.01 (part).) |
|
Sec.1028.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 68th Leg., R.S., Ch. 680, Sec. 9.01 (part).) |
|
[Sections 1028.007-1028.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1028.051.BOARD ELECTION; TERMS. (a) The district is |
|
governed by a board of seven directors elected from the district at |
|
large. |
|
(b) Directors serve staggered two-year terms unless |
|
four-year terms are established under Section 285.081, Health and |
|
Safety Code. (Acts 68th Leg., R.S., Ch. 680, Secs. 4.01(a), |
|
4.03(a), (c).) |
|
Sec.1028.052.NOTICE OF ELECTION. At least 50 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. (Acts 68th Leg., R.S., Ch. 680, Sec. 4.04.) |
|
Sec.1028.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by at least 15 registered voters of the |
|
district, as determined by the most recent official lists of |
|
registered voters; and |
|
(2) filed not later than the 46th day before the date |
|
of the election. (Acts 68th Leg., R.S., Ch. 680, Sec. 4.05.) |
|
Sec.1028.054.QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to be a candidate for or to serve as a director, a person |
|
must be: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A district employee may not serve as a director. (Acts |
|
68th Leg., R.S., Ch. 680, Sec. 4.06.) |
|
Sec.1028.055.BOND. (a) Before assuming the duties of |
|
office, each director must execute a bond for $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The board may pay for a director's bond with district |
|
money. |
|
(c) Each director's bond shall be kept in the district's |
|
permanent records. (Acts 68th Leg., R.S., Ch. 680, Sec. 4.07.) |
|
Sec.1028.056.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 68th Leg., R.S., Ch. 680, |
|
Sec. 4.08.) |
|
Sec.1028.057.OFFICERS. (a) The board shall elect a |
|
president and a vice president from among its members. |
|
(b) The board shall appoint a secretary, who need not be a |
|
director. |
|
(c) Each officer of the board serves for a term of one year. |
|
(d) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 68th Leg., R.S., Ch. 680, Secs. 4.09, 4.10.) |
|
Sec.1028.058.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 68th Leg., R.S., Ch. |
|
680, Sec. 4.11.) |
|
Sec.1028.059.VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors voting is necessary in any matter |
|
relating to district business. (Acts 68th Leg., R.S., Ch. 680, Sec. |
|
4.12.) |
|
Sec.1028.060.DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to the compensation determined by the board. |
|
(c) Before assuming the duties of district administrator, |
|
the administrator must execute a bond in an amount set by the board |
|
of not less than $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
administrator's duties under this chapter. |
|
(d) The board may pay for the bond with district money. |
|
(Acts 68th Leg., R.S., Ch. 680, Secs. 4.13(a) (part), (b) (part), |
|
(c) (part), (d).) |
|
Sec.1028.061.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. (Acts |
|
68th Leg., R.S., Ch. 680, Sec. 4.16.) |
|
Sec.1028.062.ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
(a) The board may appoint qualified persons as: |
|
(1) the assistant district administrator; and |
|
(2) the attorney for the district. |
|
(b) The assistant district administrator and the attorney |
|
for the district serve at the will of the board and are entitled to |
|
the compensation determined by the board. (Acts 68th Leg., R.S., |
|
Ch. 680, Secs. 4.13(a) (part), (b) (part), (c) (part).) |
|
Sec.1028.063.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as necessary. |
|
(b) The district may employ technicians, nurses, fiscal |
|
agents, accountants, architects, additional attorneys, and other |
|
necessary employees. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ persons for the district. (Acts 68th Leg., |
|
R.S., Ch. 680, Secs. 4.14, 4.15.) |
|
Sec.1028.064.RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 68th Leg., R.S., Ch. |
|
680, Sec. 4.17.) |
|
[Sections 1028.065-1028.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1028.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating hospital facilities; and |
|
(2) providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 68th Leg., R.S., Ch. 680, Sec. |
|
5.02 (part).) |
|
Sec.1028.102.RESTRICTION ON COUNTY TAXATION AND DEBT. |
|
Foard County may not impose a tax or issue bonds or other |
|
obligations for hospital purposes or to provide medical care for |
|
district residents. (Acts 68th Leg., R.S., Ch. 680, Sec. 5.01(b).) |
|
Sec.1028.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 68th Leg., R.S., Ch. |
|
680, Sec. 5.03.) |
|
Sec.1028.104.RULES. The board may adopt rules governing: |
|
(1) the operation of the hospital and hospital system; |
|
and |
|
(2) the duties, functions, and responsibilities of |
|
district staff and employees. (Acts 68th Leg., R.S., Ch. 680, Sec. |
|
5.04.) |
|
Sec.1028.105.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) accounting and control procedures for the |
|
district. (Acts 68th Leg., R.S., Ch. 680, Sec. 5.05.) |
|
Sec.1028.106.MOBILE EMERGENCY MEDICAL SERVICE. The |
|
district may operate or provide for the operation of a mobile |
|
emergency medical service. (Acts 68th Leg., R.S., Ch. 680, Sec. |
|
5.02 (part).) |
|
Sec. 1028.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The board may: |
|
(1) acquire property, including facilities and |
|
equipment, for the district for use in the hospital system; and |
|
(2) mortgage or pledge the property as security for |
|
payment of the purchase price. |
|
(c) The board may lease hospital facilities for the |
|
district. |
|
(d) The board may sell or otherwise dispose of property, |
|
including facilities or equipment, for the district. (Acts 68th |
|
Leg., R.S., Ch. 680, Sec. 5.06.) |
|
Sec.1028.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in property located in district territory if the |
|
interest is necessary for the district to exercise a right or |
|
authority conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 68th Leg., R.S., Ch. 680, Sec. |
|
5.09.) |
|
Sec.1028.109.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of any railroad, highway, pipeline, or |
|
electric transmission, telegraph, or telephone line, conduit, |
|
pole, or facility, the district must bear the actual cost of |
|
relocating, raising, lowering, rerouting, changing the grade, or |
|
altering the construction to provide comparable replacement |
|
without enhancement of facilities, after deducting the net salvage |
|
value derived from the old facility. (Acts 68th Leg., R.S., Ch. |
|
680, Sec. 5.10.) |
|
Sec.1028.110.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for any |
|
purpose and under any direction, limitation, or other provision |
|
prescribed in writing by the donor that is consistent with the |
|
proper management of the district. (Acts 68th Leg., R.S., Ch. 680, |
|
Sec. 5.14.) |
|
Sec.1028.111.CONSTRUCTION CONTRACTS. (a) The board may |
|
enter into construction contracts for the district. |
|
(b) The board may enter into a construction contract that |
|
involves the expenditure of more than the amount provided by |
|
Section 271.024, Local Government Code, only after competitive |
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
Code. (Acts 68th Leg., R.S., Ch. 680, Sec. 5.07(a).) |
|
Sec.1028.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a hospital facility for the district. (Acts 68th Leg., R.S., Ch. |
|
680, Sec. 5.08.) |
|
Sec. 1028.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
SERVICES. The board may contract with a political subdivision of |
|
this state or with a state or federal agency for the district to: |
|
(1) furnish a mobile emergency medical service; or |
|
(2) provide for the investigatory or welfare needs of |
|
district inhabitants. (Acts 68th Leg., R.S., Ch. 680, Sec. 5.13.) |
|
Sec.1028.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a person who resides in the district is admitted as a patient |
|
to a district facility, the district administrator may have an |
|
inquiry made into the financial circumstances of: |
|
(1) the patient; and |
|
(2) a relative of the patient who is legally |
|
responsible for the patient's support. |
|
(b) To the extent that the patient or a relative of the |
|
patient who is legally responsible for the patient's support cannot |
|
pay for care and treatment provided by the district, the district |
|
shall supply the care and treatment without charging the patient or |
|
the patient's relative. |
|
(c) On determining that the patient or a relative legally |
|
responsible for the patient's support can pay for all or part of the |
|
care and treatment provided by the district, the district |
|
administrator shall report that determination to the board, and the |
|
board shall issue an order directing the patient or the relative to |
|
pay the district a specified amount each week. The amount must be |
|
based on the person's ability to pay. |
|
(d) The district administrator may collect money owed to the |
|
district from the patient's estate or from that of a relative who |
|
was legally responsible for the patient's support in the manner |
|
provided by law for the collection of expenses in the last illness |
|
of a deceased person. |
|
(e) If there is a dispute relating to a person's ability to |
|
pay or if the district administrator has any doubt concerning a |
|
person's ability to pay, the board shall: |
|
(1) call witnesses; |
|
(2) hear and resolve the question; and |
|
(3) issue a final order. |
|
(f) The final order of the board may be appealed to a |
|
district court in Foard County. The substantial evidence rule |
|
applies to the appeal. (Acts 68th Leg., R.S., Ch. 680, Sec. 5.11.) |
|
Sec.1028.115.REIMBURSEMENT FOR SERVICES. (a) The board |
|
shall require a county or municipality located outside the district |
|
to reimburse the district for the district's care and treatment of a |
|
sick or injured person of that county or municipality. |
|
(b) The board shall require the sheriff of Foard County to |
|
reimburse the district for the district's care and treatment of a |
|
person who is confined in a jail facility of Foard County and is not |
|
a district resident. |
|
(c) On behalf of the district, the board may contract with |
|
the state or federal government for that government to reimburse |
|
the district for treatment of a sick or injured person. (Acts 68th |
|
Leg., R.S., Ch. 680, Sec. 5.12.) |
|
Sec.1028.116.AUTHORITY TO SUE AND BE SUED. The board may |
|
sue and be sued on behalf of the district. (Acts 68th Leg., R.S., |
|
Ch. 680, Sec. 5.15.) |
|
[Sections 1028.117-1028.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1028.151.BUDGET. (a) The district administrator |
|
shall prepare a proposed annual budget for the district. |
|
(b) The proposed budget must contain a complete financial |
|
statement, including a statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand in each district fund; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 68th Leg., |
|
R.S., Ch. 680, Sec. 6.04.) |
|
Sec.1028.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) The board shall publish notice of the hearing in a |
|
newspaper with general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the |
|
taxpayers. |
|
(e) The budget is effective only after adoption by the |
|
board. (Acts 68th Leg., R.S., Ch. 680, Sec. 6.05.) |
|
Sec.1028.153.AMENDMENTS TO BUDGET. After the budget is |
|
adopted, the budget may be amended on the board's approval. (Acts |
|
68th Leg., R.S., Ch. 680, Sec. 6.06.) |
|
Sec.1028.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 68th Leg., R.S., Ch. 680, Sec. 6.07.) |
|
Sec.1028.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period that revenue bonds of the district |
|
are outstanding; or |
|
(2) more than once in a 24-month period. (Acts 68th |
|
Leg., R.S., Ch. 680, Sec. 6.01.) |
|
Sec.1028.156.ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 68th |
|
Leg., R.S., Ch. 680, Sec. 6.02.) |
|
Sec. 1028.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records shall be open |
|
to inspection during regular business hours at the district's |
|
principal office. (Acts 68th Leg., R.S., Ch. 680, Sec. 6.03.) |
|
Sec.1028.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of the fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a sworn statement of the amount of district money; |
|
and |
|
(2) an account of the disbursements of that money. |
|
(Acts 68th Leg., R.S., Ch. 680, Sec. 6.08.) |
|
Sec.1028.159.DEPOSITORY. (a) The board shall select at |
|
least one bank to serve as a depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1028.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. This subsection does not limit the power of the board to |
|
place a part of district money on time deposit or to purchase |
|
certificates of deposit. |
|
(c) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or other security in an amount sufficient to secure from loss the |
|
district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 68th Leg., R.S., Ch. 680, |
|
Sec. 6.10.) |
|
Sec.1028.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as provided by Sections 1028.111, 1028.201, 1028.204, and |
|
1028.205, the district may not incur a debt payable from district |
|
revenue other than the revenue on hand or to be on hand in the |
|
current and immediately following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 68th Leg., R.S., Ch. 680, Sec. 6.09.) |
|
[Sections 1028.161-1028.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1028.201.GENERAL OBLIGATION BONDS. If authorized by |
|
an election, the board may issue and sell general obligation bonds |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements for hospital |
|
purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service. (Acts 68th Leg., R.S., Ch. 680, Sec. 7.01.) |
|
Sec.1028.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1028.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 68th Leg., R.S., Ch. 680, Sec. 7.02.) |
|
Sec.1028.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters. |
|
(b) The board may order a bond election. |
|
(c) The order calling the election must specify: |
|
(1) the nature and date of the election; |
|
(2) the hours during which the polls will be open; |
|
(3) the location of the polling places; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. |
|
(e) The board shall declare the results of the election. |
|
(Acts 68th Leg., R.S., Ch. 680, Sec. 7.03.) |
|
Sec.1028.204.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, equip, or |
|
renovate buildings or improvements for hospital purposes; |
|
(2) acquire sites to be used for hospital purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service to assist the district in carrying out its hospital |
|
purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(Acts 68th Leg., R.S., Ch. 680, Sec. 7.04.) |
|
Sec.1028.205.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 68th |
|
Leg., R.S., Ch. 680, Secs. 7.05(a), (c) (part).) |
|
Sec.1028.206.MATURITY OF BONDS. District bonds must |
|
mature not later than 50 years after the date of issuance. (Acts |
|
68th Leg., R.S., Ch. 680, Sec. 7.06 (part).) |
|
Sec.1028.207.EXECUTION OF BONDS. (a) The board president |
|
shall execute district bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 68th Leg., |
|
R.S., Ch. 680, Sec. 7.07.) |
|
Sec.1028.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 68th |
|
Leg., R.S., Ch. 680, Sec. 7.11 (part).) |
|
[Sections 1028.209-1028.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1028.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all property in the district subject to district |
|
taxation. |
|
(b) The tax may be used to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 68th |
|
Leg., R.S., Ch. 680, Secs. 8.01 (a) (part), (c), (d), 8.02(b).) |
|
Sec.1028.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters at the |
|
election authorizing the imposition of the tax. |
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
each $100 valuation of all taxable property in the district. |
|
(c) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 68th |
|
Leg., R.S., Ch. 680, Secs. 8.01(a) (part), (b), 8.03 (part).) |
|
Sec.1028.253.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 68th Leg., R.S., Ch. 680, Sec. |
|
8.04(b).) |
|
CHAPTER 1029. FOLLETT HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1029.001. DEFINITIONS |
|
Sec. 1029.002. AUTHORITY FOR OPERATION |
|
Sec. 1029.003. POLITICAL SUBDIVISION |
|
Sec. 1029.004. DISTRICT TERRITORY |
|
[Sections 1029.005-1029.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1029.051. BOARD ELECTION; TERM |
|
Sec. 1029.052. BOARD VACANCY |
|
Sec. 1029.053. OFFICERS |
|
Sec. 1029.054. COMPENSATION; EXPENSES |
|
Sec. 1029.055. EMPLOYEES |
|
Sec. 1029.056. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1029.057. SEAL |
|
[Sections 1029.058-1029.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1029.101. DISTRICT RESPONSIBILITY |
|
Sec. 1029.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1029.103. MANAGEMENT AND CONTROL |
|
Sec. 1029.104. HOSPITAL SYSTEM |
|
Sec. 1029.105. RULES |
|
Sec. 1029.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1029.107. EMINENT DOMAIN |
|
Sec. 1029.108. GIFTS AND ENDOWMENTS |
|
Sec. 1029.109. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1029.110. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1029.111-1029.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1029.151. BUDGET |
|
Sec. 1029.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1029.153. FISCAL YEAR |
|
Sec. 1029.154. ANNUAL AUDIT |
|
Sec. 1029.155. DEPOSITORY OR TREASURER |
|
[Sections 1029.156-1029.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1029.201. GENERAL OBLIGATION BONDS |
|
Sec. 1029.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1029.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1029.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1029.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1029.206. REFUNDING BONDS |
|
[Sections 1029.207-1029.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1029.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1029.252. TAX RATE |
|
Sec. 1029.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1029. FOLLETT HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1029.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Follett Hospital District. |
|
(New.) |
|
Sec.1029.002.AUTHORITY FOR OPERATION. The district |
|
operates and is financed in accordance with Section 9, Article IX, |
|
Texas Constitution. (Acts 64th Leg., R.S., Ch. 668, Sec. 1 (part).) |
|
Sec.1029.003.POLITICAL SUBDIVISION. The district is a |
|
political subdivision of this state. (Acts 64th Leg., R.S., Ch. |
|
668, Sec. 16 (part).) |
|
Sec.1029.004.DISTRICT TERRITORY. The district is |
|
composed of the territory described by Section 1, Chapter 668, Acts |
|
of the 64th Legislature, Regular Session, 1975. (New.) |
|
[Sections 1029.005-1029.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1029.051.BOARD ELECTION; TERM. (a) The board |
|
consists of six directors elected from the district at large. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms, with |
|
three directors elected each year; and |
|
(2) a directors' election shall be held on the uniform |
|
election date in May of each year. (Acts 64th Leg., R.S., Ch. 668, |
|
Secs. 3(d) (part), 3A(a).) |
|
Sec.1029.052.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 64th Leg., R.S., Ch. 668, |
|
Sec. 3A(b).) |
|
Sec.1029.053.OFFICERS. (a) The board shall elect a |
|
president, vice president, and secretary-treasurer from among its |
|
members. |
|
(b) Each officer of the board serves until the next |
|
directors' election. (Acts 64th Leg., R.S., Ch. 668, Sec. 4(a) |
|
(part).) |
|
Sec.1029.054.COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in the performance of official duties on approval of the |
|
expenses by the entire board. (Acts 64th Leg., R.S., Ch. 668, Sec. |
|
4(b).) |
|
Sec.1029.055.EMPLOYEES. The board may employ a general |
|
manager, attorneys, financial advisors, bookkeepers, and |
|
architects. (Acts 64th Leg., R.S., Ch. 668, Sec. 7(a) (part).) |
|
Sec.1029.056.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
All district records, including books, accounts, notices, minutes, |
|
and all other matters of the district and the operation of its |
|
facilities, shall be: |
|
(1) maintained at the district office; and |
|
(2) open to public inspection at reasonable hours. |
|
(Acts 64th Leg., R.S., Ch. 668, Sec. 7(b).) |
|
Sec.1029.057.SEAL. The board may adopt a seal for the |
|
district. (Acts 64th Leg., R.S., Ch. 668, Sec. 7(a) (part).) |
|
[Sections 1029.058-1029.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1029.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating all hospital facilities; and |
|
(2) providing hospital care for the district's needy |
|
inhabitants. (Acts 64th Leg., R.S., Ch. 668, Sec. 12(a) (part).) |
|
Sec. 1029.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. (a) A political subdivision within the |
|
district, other than the district, may not impose a tax or issue |
|
bonds or other obligations for hospital purposes or to provide |
|
medical care for district inhabitants. |
|
(b) A governmental entity other than the district may not |
|
impose a tax or issue bonds or other obligations on property in the |
|
district for hospital purposes or to provide medical care for needy |
|
district inhabitants. (Acts 64th Leg., R.S., Ch. 668, Sec. 12(a) |
|
(part).) |
|
Sec.1029.103.MANAGEMENT AND CONTROL. The board has full |
|
management and control of all district business, including the |
|
power to: |
|
(1) negotiate and contract with any person; |
|
(2) purchase or lease land; and |
|
(3) construct, equip, operate, and maintain a hospital |
|
system. (Acts 64th Leg., R.S., Ch. 668, Sec. 4(a) (part).) |
|
Sec.1029.104.HOSPITAL SYSTEM. The district shall |
|
provide for the establishment of a hospital system to provide |
|
medical and hospital care to the district's residents. (Acts 64th |
|
Leg., R.S., Ch. 668, Sec. 2 (part).) |
|
Sec.1029.105.RULES. (a) The board may adopt rules |
|
governing the operation of the district, including district |
|
facilities. |
|
(b) On approval by the board, the rules may be published in |
|
booklet form at district expense and made available to any resident |
|
on request. (Acts 64th Leg., R.S., Ch. 668, Sec. 7(c).) |
|
Sec.1029.106.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
The board may prescribe the method and manner of making purchases |
|
and expenditures for the district. |
|
(b) The board shall prescribe: |
|
(1) all accounting and control procedures; and |
|
(2) the method of purchasing necessary supplies, |
|
materials, and equipment. (Acts 64th Leg., R.S., Ch. 668, Sec. 7(a) |
|
(part).) |
|
Sec.1029.107.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary or convenient for the |
|
district to exercise a right, power, privilege, or function |
|
conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding, the district is not |
|
required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 64th Leg., R.S., Ch. 668, Sec. 9.) |
|
Sec.1029.108.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 64th Leg., R.S., Ch. 668, |
|
Sec. 14.) |
|
Sec.1029.109.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient from Lipscomb County is admitted to a district |
|
facility, the board shall have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If an agent designated by the district determines that |
|
the patient or those relatives cannot pay all or part of the costs |
|
of the care and treatment in the hospital, the expense of that care |
|
becomes a charge against the district. |
|
(c) If an agent designated by the district determines that |
|
the patient or those relatives are liable to pay for all or part of |
|
the costs of the patient's care and treatment, the patient or those |
|
relatives shall be ordered to pay the district's treasurer a |
|
specified amount each week for the patient's support. The amount |
|
ordered must be proportionate to the person's financial ability and |
|
may not exceed the actual per capita cost of maintenance. |
|
(d) The district may collect the amount from the patient's |
|
estate, or from any relative who is legally liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, the board |
|
shall hold a hearing and, after calling witnesses, shall resolve |
|
the dispute. |
|
(f) Either party to the dispute may appeal the district's |
|
determination to the district court. (Acts 64th Leg., R.S., Ch. |
|
668, Sec. 13.) |
|
Sec.1029.110.AUTHORITY TO SUE AND BE SUED. The district |
|
may sue and be sued in its own name in any court of this state. |
|
(Acts 64th Leg., R.S., Ch. 668, Sec. 16 (part).) |
|
[Sections 1029.111-1029.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1029.151.BUDGET. The board annually shall have a |
|
budget prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 64th Leg., R.S., Ch. 668, Sec. 8(b) (part).) |
|
Sec.1029.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. (Acts 64th Leg., R.S., Ch. 668, Sec. 8(b) (part).) |
|
Sec.1029.153.FISCAL YEAR. The district operates on a |
|
fiscal year that begins on October 1 and ends on September 30. |
|
(Acts 64th Leg., R.S., Ch. 668, Sec. 8(a) (part).) |
|
Sec.1029.154.ANNUAL AUDIT. (a) The board annually shall |
|
have an independent audit made of the district's books and records |
|
for the fiscal year. |
|
(b) Not later than December 31 of each year, the audit shall |
|
be filed: |
|
(1) with the comptroller; and |
|
(2) at the district office. (Acts 64th Leg., R.S., Ch. |
|
668, Sec. 8(a) (part).) |
|
Sec.1029.155.DEPOSITORY OR TREASURER. (a) The board by |
|
resolution shall designate a bank or banks in the district as the |
|
district's depository or treasurer. A designated bank serves for |
|
two years and until a successor is designated. |
|
(b) All income received by the district shall be deposited |
|
with the district depository. |
|
(c) All district money shall be secured in the manner |
|
provided for securing county funds. (Acts 64th Leg., R.S., Ch. 668, |
|
Secs. 5(b) (part), 10.) |
|
[Sections 1029.156-1029.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1029.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 64th Leg., R.S., Ch. 668, Sec. 6(a) (part).) |
|
Sec.1029.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
The board shall impose an ad valorem tax at a rate sufficient to |
|
create an interest and sinking fund to pay the principal of and |
|
interest on general obligation bonds issued under Section 1029.201. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of all taxable property in the |
|
district. (Acts 64th Leg., R.S., Ch. 668, Sec. 6(a) (part).) |
|
Sec.1029.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election. |
|
(b) The board may order the election on its own motion. |
|
(c) The order calling the election must specify: |
|
(1) the location of the polling places; |
|
(2) the presiding election officers; |
|
(3) the purpose of the bond issuance; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum interest rate provided by law. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the order calling the election in a newspaper of |
|
general circulation in the district once each week for two |
|
consecutive weeks before the date of the election. The first |
|
publication must occur at least 20 days before the date of the |
|
election. (Acts 64th Leg., R.S., Ch. 668, Sec. 6(b) (part).) |
|
Sec.1029.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 64th Leg., R.S., Ch. 668, |
|
Sec. 6(b) (part).) |
|
Sec.1029.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
64th Leg., R.S., Ch. 668, Sec. 6(a) (part).) |
|
Sec.1029.206.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding bonds |
|
issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the bonds to be refunded; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar amount of outstanding bonds and the unpaid matured interest |
|
on the bonds. (Acts 64th Leg., R.S., Ch. 668, Secs. 6(b) (part), |
|
(c) (part).) |
|
[Sections 1029.207-1029.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1029.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the annual budget, the board shall impose a tax on all |
|
property in the district subject to district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued or assumed by the district for hospital purposes; |
|
(2) provide for operation and maintenance of the |
|
hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites by purchase, lease, or |
|
condemnation. (Acts 64th Leg., R.S., Ch. 668, Secs. 5(a) (part), |
|
(b) (part), 8(b) (part).) |
|
Sec.1029.252.TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 64th Leg., R.S., Ch. 668, Sec. 5(a) |
|
(part).) |
|
Sec.1029.253.TAX ASSESSOR-COLLECTOR. (a) Except as |
|
provided by Subsection (b), the tax assessor-collector of Lipscomb |
|
County shall assess and collect taxes imposed by the district. |
|
(b) By majority vote the board may appoint a district tax |
|
assessor-collector under Section 285.041, Health and Safety Code. |
|
(Acts 64th Leg., R.S., Ch. 668, Secs. 5(b) (part), (c) (part), 8(b) |
|
(part).) |
|
CHAPTER 1030. FRIO HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1030.001. DEFINITIONS |
|
Sec. 1030.002. AUTHORITY FOR OPERATION |
|
Sec. 1030.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1030.004. DISTRICT TERRITORY |
|
Sec. 1030.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1030.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1030.007-1030.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1030.051. BOARD ELECTION; TERM |
|
Sec. 1030.052. NOTICE OF ELECTION |
|
Sec. 1030.053. BALLOT PETITION |
|
Sec. 1030.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1030.055. BOND; RECORD OF BOND |
|
Sec. 1030.056. BOARD VACANCY |
|
Sec. 1030.057. OFFICERS |
|
Sec. 1030.058. COMPENSATION; EXPENSES |
|
Sec. 1030.059. VOTING REQUIREMENT |
|
Sec. 1030.060. DISTRICT ADMINISTRATOR |
|
Sec. 1030.061. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1030.062. ASSISTANT DISTRICT ADMINISTRATOR; |
|
ATTORNEY |
|
Sec. 1030.063. APPOINTMENT AND RECRUITMENT OF STAFF |
|
AND EMPLOYEES |
|
Sec. 1030.064. HEALTH EDUCATION |
|
Sec. 1030.065. RETIREMENT BENEFITS |
|
[Sections 1030.066-1030.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1030.101. DISTRICT RESPONSIBILITY |
|
Sec. 1030.102. RESTRICTION ON GOVERNMENTAL ENTITY |
|
TAXATION AND DEBT |
|
Sec. 1030.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1030.104. RULES |
|
Sec. 1030.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1030.106. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1030.107. EMINENT DOMAIN |
|
Sec. 1030.108. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1030.109. GIFTS AND ENDOWMENTS |
|
Sec. 1030.110. CONSTRUCTION CONTRACTS |
|
Sec. 1030.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1030.112. CONTRACTS FOR SERVICES |
|
Sec. 1030.113. PROVISION OF CERTAIN HEALTH SERVICES |
|
Sec. 1030.114. MEDICAL CLINICS |
|
Sec. 1030.115. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1030.116. REIMBURSEMENT FOR SERVICES |
|
Sec. 1030.117. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1030.118-1030.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1030.151. BUDGET |
|
Sec. 1030.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1030.153. AMENDMENTS TO BUDGET |
|
Sec. 1030.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1030.155. FISCAL YEAR |
|
Sec. 1030.156. ANNUAL AUDIT |
|
Sec. 1030.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1030.158. FINANCIAL REPORT |
|
Sec. 1030.159. DEPOSITORY |
|
Sec. 1030.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1030.161-1030.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1030.201. GENERAL OBLIGATION BONDS |
|
Sec. 1030.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1030.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1030.204. REVENUE BONDS |
|
Sec. 1030.205. REFUNDING BONDS |
|
Sec. 1030.206. MATURITY OF BONDS |
|
Sec. 1030.207. EXECUTION OF BONDS |
|
Sec. 1030.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1030.209-1030.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1030.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1030.252. TAX RATE |
|
Sec. 1030.253. TAX ASSESSOR-COLLECTOR |
|
[Sections 1030.254-1030.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1030.301. DISSOLUTION; ELECTION |
|
Sec. 1030.302. NOTICE OF ELECTION |
|
Sec. 1030.303. BALLOT |
|
Sec. 1030.304. ELECTION RESULTS |
|
Sec. 1030.305. DISPOSITION OR TRANSFER OF DISTRICT |
|
ASSETS; DECLARATION OF DISSOLUTION |
|
CHAPTER 1030. FRIO HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1030.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Frio Hospital District. |
|
(Acts 71st Leg., R.S., Ch. 220, Sec. 1.01.) |
|
Sec.1030.002.AUTHORITY FOR OPERATION. The district |
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
Constitution, and by this chapter. (Acts 71st Leg., R.S., Ch. 220, |
|
Sec. 1.02.) |
|
Sec.1030.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
a public entity performing an essential public function. (Acts |
|
71st Leg., R.S., Ch. 220, Sec. 7.11 (part).) |
|
Sec.1030.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Frio County, Texas, |
|
except that a portion of the southern boundary follows the boundary |
|
of the Frio River beginning at the intersection of the south county |
|
line and the Frio River to the point at which the boundary |
|
intersects the Leona River and follows the Leona River to the west |
|
county line. (Acts 71st Leg., R.S., Ch. 220, Sec. 1.03.) |
|
Sec. 1030.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The state may not become obligated for the support or |
|
maintenance of the district. (Acts 71st Leg., R.S., Ch. 220, Sec. |
|
10.01 (part).) |
|
Sec.1030.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 71st Leg., R.S., Ch. 220, Sec. 10.01 (part).) |
|
[Sections 1030.007-1030.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1030.051.BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of seven directors. |
|
(b) Two directors are elected from each commissioners |
|
precinct and one director is elected from the district at large. |
|
The portion of Precinct 4 that is in the district is combined with |
|
Precinct 1 to represent one precinct. |
|
(c) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; and |
|
(2) an election shall be held on the uniform election |
|
date in May of each year to elect the appropriate number of |
|
directors. (Acts 71st Leg., R.S., Ch. 220, Secs. 4.01(a), 4.03(a), |
|
(d) (part).) |
|
Sec.1030.052.NOTICE OF ELECTION. 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. (Acts 71st Leg., R.S., Ch. 220, Sec. 4.04.) |
|
Sec.1030.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must: |
|
(1) be signed by at least 10 registered voters of the |
|
district as determined by the most recent official list of |
|
registered voters; |
|
(2) be filed not later than the 31st day before the |
|
date of the election; and |
|
(3) specify the commissioners precinct the candidate |
|
wants to represent or specify that the candidate wants to represent |
|
the district at large. (Acts 71st Leg., R.S., Ch. 220, Sec. 4.05.) |
|
Sec.1030.054.QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to be a candidate for or to serve as a director, a person |
|
must be: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) In addition to Subsection (a), a person who is elected |
|
from a commissioners precinct or who is appointed to fill a vacancy |
|
for a commissioners precinct must be a resident of that |
|
commissioners precinct. |
|
(c) A district employee may not serve as a director. (Acts |
|
71st Leg., R.S., Ch. 220, Sec. 4.06.) |
|
Sec.1030.055.BOND; RECORD OF BOND. (a) Before assuming |
|
the duties of office, each director must execute a bond for $5,000 |
|
that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The board may pay for a director's bond with district |
|
money. |
|
(c) Each director's bond shall be kept in the district's |
|
permanent records. (Acts 71st Leg., R.S., Ch. 220, Sec. 4.07.) |
|
Sec.1030.056.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 71st Leg., R.S., Ch. 220, |
|
Sec. 4.08.) |
|
Sec.1030.057.OFFICERS. (a) The board shall elect a |
|
president and a vice president from among its members. |
|
(b) The board shall appoint a secretary, who need not be a |
|
director. |
|
(c) Each officer of the board serves for a term of one year. |
|
(d) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 71st Leg., R.S., Ch. 220, Secs. 4.09, 4.10.) |
|
Sec.1030.058.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 71st Leg., R.S., Ch. |
|
220, Sec. 4.11.) |
|
Sec.1030.059.VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors voting is necessary in any matter |
|
relating to district business. (Acts 71st Leg., R.S., Ch. 220, Sec. |
|
4.12.) |
|
Sec.1030.060.DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to the compensation determined by the board. |
|
(c) Before assuming the duties of district administrator, |
|
the administrator must execute a bond in an amount determined by the |
|
board of not less than $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
administrator's duties under this chapter. |
|
(d) The board may pay for the bond with district money. |
|
(Acts 71st Leg., R.S., Ch. 220, Secs. 4.13(a) (part), (b) (part), |
|
(c) (part), (d).) |
|
Sec.1030.061.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. (Acts |
|
71st Leg., R.S., Ch. 220, Sec. 4.16.) |
|
Sec.1030.062.ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
(a) The board may appoint qualified persons as: |
|
(1) the assistant district administrator; and |
|
(2) the attorney for the district. |
|
(b) The assistant district administrator and the attorney |
|
for the district serve at the will of the board and are entitled to |
|
the compensation determined by the board. (Acts 71st Leg., R.S., |
|
Ch. 220, Secs. 4.13(a) (part), (b) (part), (c) (part).) |
|
Sec. 1030.063. APPOINTMENT AND RECRUITMENT OF STAFF AND |
|
EMPLOYEES. (a) The district may employ doctors, nurses, |
|
technicians, allied health personnel, administrative personnel, |
|
fiscal agents, accountants, architects, additional attorneys, and |
|
other employees necessary to carry out the district's duties and |
|
responsibilities under this chapter. |
|
(b) The board may appoint to the staff any doctors the board |
|
considers necessary for the efficient operation of the district and |
|
may make temporary appointments as necessary. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ persons for the district. |
|
(d) The board may spend money to recruit physicians and |
|
other needed medical professionals. (Acts 71st Leg., R.S., Ch. |
|
220, Secs. 4.14, 4.15, 5.02 (part), 5.05(c).) |
|
Sec.1030.064.HEALTH EDUCATION. The board may provide |
|
scholarships and student loans to educate county residents in |
|
health care-related fields. (Acts 71st Leg., R.S., Ch. 220, Sec. |
|
5.02 (part).) |
|
Sec.1030.065.RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 71st Leg., R.S., Ch. |
|
220, Sec. 4.17.) |
|
[Sections 1030.066-1030.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1030.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating hospital facilities; and |
|
(2) providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 71st Leg., R.S., Ch. 220, Sec. |
|
5.02 (part).) |
|
Sec. 1030.102. RESTRICTION ON GOVERNMENTAL ENTITY TAXATION |
|
AND DEBT. Frio County or another governmental entity located |
|
within the district may not impose a tax or issue bonds or other |
|
obligations for hospital purposes or to provide medical care for |
|
district residents. (Acts 71st Leg., R.S., Ch. 220, Sec. 5.01(b).) |
|
Sec.1030.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 71st Leg., R.S., Ch. |
|
220, Sec. 5.03.) |
|
Sec.1030.104.RULES. The board may adopt rules governing: |
|
(1) the operation of the hospital and hospital system; |
|
and |
|
(2) the duties, functions, and responsibilities of |
|
district staff and employees. (Acts 71st Leg., R.S., Ch. 220, Sec. |
|
5.04.) |
|
Sec.1030.105.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) accounting and control procedures for the |
|
district. (Acts 71st Leg., R.S., Ch. 220, Secs. 5.05(a), (b).) |
|
Sec. 1030.106. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The board may: |
|
(1) acquire property, including facilities and |
|
equipment, for the district for use in the hospital system; and |
|
(2) mortgage or pledge the property as security for |
|
payment of the purchase price. |
|
(c) The board may lease hospital facilities for the |
|
district. |
|
(d) The board may sell or otherwise dispose of property, |
|
including facilities or equipment, for the district. (Acts 71st |
|
Leg., R.S., Ch. 220, Sec. 5.06.) |
|
Sec.1030.107.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in property located in district territory if the |
|
interest is necessary for the district to exercise a right or |
|
authority conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 71st Leg., R.S., Ch. 220, Sec. |
|
5.09.) |
|
Sec.1030.108.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of any railroad, highway, pipeline, or |
|
electric transmission and electric distribution, telegraph, or |
|
telephone line, conduit, pole, or facility, the district must bear |
|
the actual cost of relocating, raising, lowering, rerouting, |
|
changing the grade, or altering the construction to provide |
|
comparable replacement, without enhancement of facilities, after |
|
deducting the net salvage value derived from the old |
|
facility. (Acts 71st Leg., R.S., Ch. 220, Sec. 5.10.) |
|
Sec.1030.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for any |
|
purpose and under any direction, limitation, or other provision |
|
prescribed in writing by the donor that is consistent with the |
|
proper management of the district. (Acts 71st Leg., R.S., Ch. 220, |
|
Sec. 5.14.) |
|
Sec.1030.110.CONSTRUCTION CONTRACTS. (a) The board may |
|
enter into construction contracts for the district. |
|
(b) The board may enter into a construction contract that |
|
involves the expenditure of more than the amount provided by |
|
Section 271.024, Local Government Code, only after competitive |
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
Code. (Acts 71st Leg., R.S., Ch. 220, Sec. 5.07(a).) |
|
Sec.1030.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a hospital facility for the district. (Acts 71st Leg., R.S., Ch. |
|
220, Sec. 5.08.) |
|
Sec.1030.112.CONTRACTS FOR SERVICES. (a) The board may |
|
contract with a public or private hospital, a political subdivision |
|
of this state, or a state or federal agency for the district to |
|
provide a mobile emergency medical service or other health care |
|
services needed to provide for the investigatory or welfare needs |
|
of district inhabitants. |
|
(b) The board may contract with any person to receive or |
|
supply the services the board considers necessary for the effective |
|
operation of the district. (Acts 71st Leg., R.S., Ch. 220, Sec. |
|
5.13.) |
|
Sec.1030.113.PROVISION OF CERTAIN HEALTH SERVICES. The |
|
district may: |
|
(1) operate or provide for the operation of a mobile |
|
emergency medical service; |
|
(2) operate or provide for home health services, |
|
long-term care, skilled nursing care, intermediate nursing care, or |
|
hospice care; and |
|
(3) establish any other needed medical service |
|
considered beneficial to the delivery of health care to district |
|
residents. (Acts 71st Leg., R.S., Ch. 220, Sec. 5.02 (part).) |
|
Sec.1030.114.MEDICAL CLINICS. The district may establish |
|
and operate medical clinics for the benefit of the hospital. (Acts |
|
71st Leg., R.S., Ch. 220, Sec. 5.02 (part).) |
|
Sec.1030.115.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When an individual who resides in the district is admitted as a |
|
patient to a district facility, the district administrator may have |
|
an inquiry made into the financial circumstances of: |
|
(1) the patient; and |
|
(2) a relative of the patient who is legally |
|
responsible for the patient's support. |
|
(b) To the extent that the patient or a relative of the |
|
patient who is legally responsible for the patient's support cannot |
|
pay for care and treatment provided by the district, the district |
|
shall supply the care and treatment without charging the patient or |
|
the patient's relative. |
|
(c) On determining that the patient or a relative legally |
|
responsible for the patient's support can pay for all or part of the |
|
care and treatment provided by the district, the district |
|
administrator shall report that determination to the board, and the |
|
board shall issue an order directing the patient or the relative to |
|
pay the district a specified amount each week. The amount must be |
|
based on the individual's ability to pay. |
|
(d) The district administrator may collect money owed to the |
|
district from the patient's estate or from that of a relative who |
|
was legally responsible for the patient's support in the manner |
|
provided by law for the collection of expenses in the last illness |
|
of a deceased person. |
|
(e) If there is a dispute relating to an individual's |
|
ability to pay or if the district administrator has any doubt |
|
concerning an individual's ability to pay, the board shall: |
|
(1) call witnesses; |
|
(2) hear and resolve the question; and |
|
(3) issue a final order. |
|
(f) A final order of the board may be appealed to a district |
|
court in Frio County. The substantial evidence rule applies to the |
|
appeal. (Acts 71st Leg., R.S., Ch. 220, Secs. 5.11(b), (c), (d), |
|
(e), (f).) |
|
Sec.1030.116.REIMBURSEMENT FOR SERVICES. (a) The board |
|
shall require a county, municipality, or public hospital located |
|
outside the district to reimburse the district for the district's |
|
care and treatment of a sick or injured person of that county, |
|
municipality, or public hospital, as provided by Chapter 61, Health |
|
and Safety Code. |
|
(b) The board shall require the sheriff of Frio County to |
|
reimburse the district for the district's care and treatment of a |
|
person who is confined in a jail facility of Frio County and is not a |
|
district resident. |
|
(c) On behalf of the district, the board may contract with |
|
the state or federal government for that government to reimburse |
|
the district for treatment of a sick or injured person. (Acts 71st |
|
Leg., R.S., Ch. 220, Sec. 5.12.) |
|
Sec.1030.117.AUTHORITY TO SUE AND BE SUED. The board may |
|
sue and be sued on behalf of the district. (Acts 71st Leg., R.S., |
|
Ch. 220, Sec. 5.15.) |
|
[Sections 1030.118-1030.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1030.151.BUDGET. (a) The district administrator |
|
shall prepare a proposed annual budget for the district. |
|
(b) The proposed budget must contain a complete financial |
|
statement, including a statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand in each district fund; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 71st Leg., |
|
R.S., Ch. 220, Sec. 6.04.) |
|
Sec.1030.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) The board shall publish notice of the hearing in a |
|
newspaper with general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the |
|
taxpayers. |
|
(e) The budget is effective only after adoption by the |
|
board. (Acts 71st Leg., R.S., Ch. 220, Sec. 6.05.) |
|
Sec.1030.153.AMENDMENTS TO BUDGET. After adoption, the |
|
annual budget may be amended on the board's approval. (Acts 71st |
|
Leg., R.S., Ch. 220, Sec. 6.06.) |
|
Sec.1030.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 71st Leg., R.S., Ch. 220, Sec. 6.07.) |
|
Sec.1030.155.FISCAL YEAR. (a) The district operates |
|
according to a fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) when revenue bonds of the district are |
|
outstanding; or |
|
(2) more than once in a 24-month period. (Acts 71st |
|
Leg., R.S., Ch. 220, Sec. 6.01.) |
|
Sec.1030.156.ANNUAL AUDIT. (a) The board annually shall |
|
have an audit made of the district's financial condition. |
|
(b) The board shall retain the services of a qualified |
|
independent certified public accounting firm to prepare the annual |
|
audit of the district's financial condition. |
|
(c) The firm shall prepare and submit the audit to the board |
|
not later than the 90th day following the close of the district's |
|
fiscal year. |
|
(d) The district is not subject to audit by the Frio County |
|
auditor. (Acts 71st Leg., R.S., Ch. 220, Sec. 6.02.) |
|
Sec. 1030.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records shall be open |
|
to inspection during regular business hours at the district's |
|
principal office. (Acts 71st Leg., R.S., Ch. 220, Sec. 6.03.) |
|
Sec.1030.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of the fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a sworn statement of the amount of district money; |
|
and |
|
(2) an account of the disbursements of that money. |
|
(Acts 71st Leg., R.S., Ch. 220, Sec. 6.08.) |
|
Sec.1030.159.DEPOSITORY. (a) The board shall select at |
|
least one bank to serve as a depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1030.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and must remain on |
|
deposit. This subsection does not limit the power of the board to |
|
place a part of district money on time deposit or to purchase |
|
certificates of deposit. |
|
(c) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or other security in an amount sufficient to secure from loss the |
|
district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 71st Leg., R.S., Ch. 220, |
|
Sec. 6.10.) |
|
Sec.1030.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as provided by Sections 1030.110, 1030.201, 1030.204, and |
|
1030.205, the district may not incur a debt payable from district |
|
revenue other than the revenue on hand or to be on hand in the |
|
current and immediately following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 71st Leg., R.S., Ch. 220, Sec. 6.09.) |
|
[Sections 1030.161-1030.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1030.201.GENERAL OBLIGATION BONDS. If authorized by |
|
an election, the board may issue and sell general obligation bonds |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements for hospital |
|
purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service. (Acts 71st Leg., R.S., Ch. 220, Sec. 7.01.) |
|
Sec.1030.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1030.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 71st Leg., R.S., Ch. 220, Sec. 7.02.) |
|
Sec.1030.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order a bond election. |
|
(c) The order calling the election must specify: |
|
(1) the nature and date of the election; |
|
(2) the hours during which the polls will be open; |
|
(3) the location of the polling places; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. |
|
(e) The board shall declare the results of the election. |
|
(Acts 71st Leg., R.S., Ch. 220, Sec. 7.03.) |
|
Sec.1030.204.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, equip, or |
|
renovate buildings or improvements for hospital purposes; |
|
(2) acquire sites to be used for hospital purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service to assist the district in carrying out its hospital |
|
purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(Acts 71st Leg., R.S., Ch. 220, Sec. 7.04.) |
|
Sec.1030.205.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) Refunding bonds may be: |
|
(1) sold, with the proceeds of the refunding bonds |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 71st |
|
Leg., R.S., Ch. 220, Secs. 7.05(a), (c) (part).) |
|
Sec.1030.206.MATURITY OF BONDS. District bonds must |
|
mature not later than 50 years after the date of issuance. (Acts |
|
71st Leg., R.S., Ch. 220, Sec. 7.06 (part).) |
|
Sec.1030.207.EXECUTION OF BONDS. (a) The board president |
|
shall execute the district's bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 71st Leg., |
|
R.S., Ch. 220, Sec. 7.07.) |
|
Sec.1030.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 71st |
|
Leg., R.S., Ch. 220, Sec. 7.11 (part).) |
|
[Sections 1030.209-1030.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1030.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all property in the district subject to district |
|
taxation. |
|
(b) The tax may be used to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 71st |
|
Leg., R.S., Ch. 220, Secs. 8.01(a) (part), (c), (d), 8.02(b).) |
|
Sec.1030.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters at the |
|
election authorizing the imposition of the tax. |
|
(b) The tax rate for all purposes may not exceed 30 cents on |
|
each $100 valuation of all taxable property in the district. |
|
(c) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 71st |
|
Leg., R.S., Ch. 220, Secs. 8.01(a) (part), (b), 8.03 (part).) |
|
Sec.1030.253.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 220, Sec. |
|
8.04(b).) |
|
[Sections 1030.254-1030.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec.1030.301.DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved on approval of a majority of the district voters |
|
voting in an election held for that purpose. |
|
(b) A majority of the board may order that a dissolution |
|
election be held. |
|
(c) The order calling the election must state: |
|
(1) the name of the election, including the |
|
proposition 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. |
|
(d) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 71st Leg., R.S., Ch. |
|
220, Secs. 9.01, 9.02, 9.03, 9.05(b).) |
|
Sec.1030.302.NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks a substantial copy of the election |
|
order in a newspaper with general circulation in the district. |
|
(b) The first publication of the notice must appear at least |
|
35 days before the date set for the election. (Acts 71st Leg., |
|
R.S., Ch. 220, Sec. 9.04.) |
|
Sec.1030.303.BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Frio Hospital District." |
|
(Acts 71st Leg., R.S., Ch. 220, Sec. 9.06.) |
|
Sec.1030.304.ELECTION RESULTS. (a) If the board finds |
|
the election results favor the proposition to dissolve the |
|
district, the board shall issue an order disposing of or |
|
transferring the district's assets. |
|
(b) If the board finds the election results do not favor the |
|
proposition to dissolve the district, another dissolution election |
|
may not be held before the first anniversary of the date of the |
|
election in which voters disapproved the proposition. (Acts 71st |
|
Leg., R.S., Ch. 220, Secs. 9.07(b) (part), (c).) |
|
Sec. 1030.305. DISPOSITION OR TRANSFER OF DISTRICT ASSETS; |
|
DECLARATION OF DISSOLUTION. (a) A board order issued under Section |
|
1030.304 that disposes of district assets must satisfy the |
|
district's debts and bond obligations in a manner that protects the |
|
interests of citizens in the district, including the citizens' |
|
collective property rights in the district's assets and property. |
|
(b) In connection with an election in favor of dissolution, |
|
the board may not dispose of or transfer the district's assets |
|
except for due compensation unless: |
|
(1) the assets are transferred to another governmental |
|
agency, such as a county, embracing the district; and |
|
(2) the transferred assets are to be used for the |
|
benefit of citizens formerly in the district. |
|
(c) A grant from federal funds, however dispensed, is an |
|
obligation to be repaid in satisfaction. |
|
(d) On completion of the requirements of this section, the |
|
board shall declare the district dissolved. (Acts 71st Leg., R.S., |
|
Ch. 220, Sec. 9.07(b) (part).) |
|
CHAPTER 1031. GARZA COUNTY HEALTH CARE DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1031.001. DEFINITIONS |
|
Sec. 1031.002. AUTHORITY FOR OPERATION |
|
Sec. 1031.003. POLITICAL SUBDIVISION |
|
Sec. 1031.004. DISTRICT TERRITORY |
|
Sec. 1031.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1031.006. PUBLIC PURPOSE; TAX EXEMPTION |
|
[Sections 1031.007-1031.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1031.051. BOARD ELECTION; TERM |
|
Sec. 1031.052. NOTICE OF ELECTION |
|
Sec. 1031.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1031.054. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION OF OFFICE |
|
Sec. 1031.055. BOARD VACANCY |
|
Sec. 1031.056. OFFICERS |
|
Sec. 1031.057. COMPENSATION; EXPENSES |
|
Sec. 1031.058. VOTING REQUIREMENT |
|
Sec. 1031.059. MEETINGS |
|
Sec. 1031.060. DISTRICT ADMINISTRATOR |
|
Sec. 1031.061. EMPLOYMENT AND RECRUITMENT OF STAFF AND |
|
EMPLOYEES |
|
Sec. 1031.062. PERSONNEL CONTRACTS |
|
Sec. 1031.063. RETIREMENT BENEFITS |
|
Sec. 1031.064. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1031.065. SEAL |
|
[Sections 1031.066-1031.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1031.101. DISTRICT RESPONSIBILITY |
|
Sec. 1031.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION |
|
Sec. 1031.103. MANAGEMENT AND CONTROL |
|
Sec. 1031.104. RULES |
|
Sec. 1031.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1031.106. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1031.107. COMPETITIVE BIDDING |
|
Sec. 1031.108. EMERGENCY MEDICAL SERVICES |
|
Sec. 1031.109. GIFTS AND ENDOWMENTS |
|
Sec. 1031.110. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1031.111. NONINDIGENT RESIDENTS |
|
Sec. 1031.112. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1031.113-1031.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1031.151. BUDGET |
|
Sec. 1031.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1031.153. FISCAL YEAR |
|
Sec. 1031.154. ANNUAL AUDIT |
|
Sec. 1031.155. DEPOSITORY OR TREASURER |
|
Sec. 1031.156. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1031.157-1031.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1031.201. GENERAL OBLIGATION BONDS |
|
Sec. 1031.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1031.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1031.204. REVENUE BONDS |
|
Sec. 1031.205. REFUNDING BONDS |
|
Sec. 1031.206. MATURITY OF BONDS |
|
Sec. 1031.207. EXECUTION OF BONDS |
|
[Sections 1031.208-1031.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1031.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1031.252. TAX RATE |
|
Sec. 1031.253. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
Sec. 1031.254. TAX ASSESSOR-COLLECTOR |
|
[Sections 1031.255-1031.300 reserved for expansion] |
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SUBCHAPTER G. DISSOLUTION |
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Sec. 1031.301. DISSOLUTION; ELECTION |
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Sec. 1031.302. NOTICE OF ELECTION |
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Sec. 1031.303. BALLOT |
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Sec. 1031.304. ELECTION RESULTS |
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Sec. 1031.305. TRANSFER, SALE, OR ADMINISTRATION OF |
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ASSETS |
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Sec. 1031.306. SALE OR TRANSFER OF ASSETS AND |
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LIABILITIES |
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Sec. 1031.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
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TAXES |
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Sec. 1031.308. REPORT; DISSOLUTION ORDER |
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CHAPTER 1031. GARZA COUNTY HEALTH CARE DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec.1031.001.DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Garza County Health Care |
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District. (New.) |
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Sec.1031.002.AUTHORITY FOR OPERATION. The district |
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operates in accordance with and has the powers and responsibilities |
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provided by Section 9, Article IX, Texas Constitution. (Acts 60th |
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Leg., R.S., Ch. 502, Sec. 1 (part).) |
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Sec.1031.003.POLITICAL SUBDIVISION. The district is a |
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political subdivision of this state. (Acts 60th Leg., R.S., Ch. |
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502, Sec. 16 (part).) |
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Sec.1031.004.DISTRICT TERRITORY. The boundaries of the |
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district are coextensive with the boundaries of Garza County. |
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(Acts 60th Leg., R.S., Ch. 502, Sec. 1 (part).) |
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Sec.1031.005.CORRECTION OF INVALID PROCEDURES. If a |
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court holds that any procedure under this chapter violates the |
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constitution of this state or of the United States, the district by |
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resolution may provide an alternative procedure that conforms with |
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the constitution. (Acts 60th Leg., R.S., Ch. 502, Sec. 17 (part).) |
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Sec.1031.006.PUBLIC PURPOSE; TAX EXEMPTION. All property |
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owned by the district: |
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(1) shall be held for public purposes; and |
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(2) is exempt from taxation of every character. (Acts |
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60th Leg., R.S., Ch. 502, Sec. 16 (part).) |
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[Sections 1031.007-1031.050 reserved for expansion] |
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SUBCHAPTER B. DISTRICT ADMINISTRATION |
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Sec.1031.051.BOARD ELECTION; TERM. (a) The board |
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consists of five directors elected from the district at large. |
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(b) Unless four-year terms are established under Section |
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285.081, Health and Safety Code: |
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(1) directors serve staggered two-year terms; and |
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(2) an election shall be held on the uniform election |
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date in May of each year to elect the appropriate number of |
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directors. (Acts 60th Leg., R.S., Ch. 502, Secs. 3(a) (part), (d) |
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(part).) |
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Sec.1031.052.NOTICE OF ELECTION. At least 10 days before |
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the date of an election of directors, notice of the election shall |
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be published one time in a newspaper of general circulation in Garza |
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County. (Acts 60th Leg., R.S., Ch. 502, Sec. 3(d) (part).) |
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Sec.1031.053.QUALIFICATIONS FOR OFFICE. To be eligible |
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to serve as a director, a person must: |
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(1) be a district resident; and |
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(2) have resided in the district for at least six |
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months immediately preceding the date on which the person: |
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(A) files for election; or |
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(B) is appointed or elected as provided by |
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Section 1031.055, if filling a vacancy in the office of director. |
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(Acts 60th Leg., R.S., Ch. 502, Sec. 3(a) (part).) |
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Sec. 1031.054. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
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OF OFFICE. (a) Each director may be required to execute a good and |
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sufficient bond for $1,000 that is: |
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(1) payable to the district; and |
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(2) conditioned on the faithful performance of the |
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director's duties. |
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(b) The board may pay for a director's bond with district |
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money. |
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(c) Each director's bond and constitutional oath or |
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affirmation of office shall be deposited with the district's |
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depository bank for safekeeping. (Acts 60th Leg., R.S., Ch. 502, |
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Sec. 3(a) (part).) |
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Sec.1031.055.BOARD VACANCY. (a) If a vacancy occurs in |
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the office of director, the remaining directors shall appoint a |
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director for the unexpired term. |
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(b) If the number of directors is reduced to fewer than |
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three for any reason, the remaining directors shall immediately |
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call a special election to fill the vacancies. If the remaining |
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directors do not call the election, a district court, on |
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application of a district voter or taxpayer, may order the |
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directors to hold the election. (Acts 60th Leg., R.S., Ch. 502, |
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Sec. 3(c) (part).) |
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Sec.1031.056.OFFICERS. The board shall: |
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(1) elect a president from among its members; and |
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(2) appoint a secretary from among its members. (Acts |
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60th Leg., R.S., Ch. 502, Sec. 3(c) (part).) |
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Sec.1031.057.COMPENSATION; EXPENSES. A director serves |
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without compensation but may be reimbursed for actual expenses |
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incurred in the performance of official duties on approval of the |
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expenses by the board. (Acts 60th Leg., R.S., Ch. 502, Sec. 4 |
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(part).) |
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Sec.1031.058.VOTING REQUIREMENT. A concurrence of three |
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directors is sufficient in any matter relating to district |
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business. (Acts 60th Leg., R.S., Ch. 502, Sec. 3(c) (part).) |
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Sec.1031.059.MEETINGS. (a) A board meeting may be called |
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by the president or any three directors. |
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(b) Notice of the time and place of a board meeting must be |
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given to each director at least 72 hours before the time of the |
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meeting. |
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(c) This section does not prevent the board by resolution |
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from establishing a regular time and place for meetings for which |
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special notice is not required. (Acts 60th Leg., R.S., Ch. 502, |
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Sec. 3(c) (part).) |
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Sec.1031.060.DISTRICT ADMINISTRATOR. (a) The board |
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shall appoint a district administrator. |
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(b) The district administrator may not receive an |
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employment contract for a specified term and may be terminated at |
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any time by the board. |
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(c) The district administrator may be required to execute a |
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good and sufficient bond for $10,000 that is: |
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(1) payable to the district; and |
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(2) conditioned on the faithful performance of the |
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administrator's duties. |
|
(d) The district administrator's bond shall be deposited |
|
with the district's depository bank for safekeeping. |
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(e) The board may pay for the bond with district money. |
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(Acts 60th Leg., R.S., Ch. 502, Sec. 3(b).) |
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Sec. 1031.061. EMPLOYMENT AND RECRUITMENT OF STAFF AND |
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EMPLOYEES. (a) The board may employ a general manager and other |
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necessary professional and clerical personnel. |
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(b) The board may spend district money to recruit |
|
physicians, nurses, and other trained medical personnel. The board |
|
may pay the tuition or other expenses of a full-time medical student |
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or other student in a health occupation who: |
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(1) is enrolled in and is in good standing at an |
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accredited medical school, college, or university; and |
|
(2) contractually agrees to become a district employee |
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or independent contractor in return for that assistance. (Acts |
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60th Leg., R.S., Ch. 502, Secs. 8(a) (part), (i).) |
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Sec.1031.062.PERSONNEL CONTRACTS. (a) The board may |
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contract to provide administrative and other personnel for the |
|
operation of the health care facilities. |
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(b) The term of the contract may not exceed five years. |
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(Acts 60th Leg., R.S., Ch. 502, Sec. 8(e).) |
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Sec.1031.063.RETIREMENT BENEFITS. The board may provide |
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retirement benefits for district employees by: |
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(1) establishing or administering a retirement |
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program; or |
|
(2) participating in: |
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(A) the Texas County and District Retirement |
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System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 60th Leg., R.S., Ch. |
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502, Sec. 8(h).) |
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Sec.1031.064.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
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Except as provided by Sections 1031.054 and 1031.060, all district |
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records, including books, accounts, notices, minutes, and all other |
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matters of the district and the operation of its facilities, shall |
|
be: |
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(1) maintained at the district office; and |
|
(2) open to public inspection at the district office |
|
at all reasonable hours. (Acts 60th Leg., R.S., Ch. 502, Sec. |
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8(b).) |
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Sec.1031.065.SEAL. The board may adopt a seal for the |
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district. (Acts 60th Leg., R.S., Ch. 502, Sec. 8(a) (part).) |
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[Sections 1031.066-1031.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec.1031.101.DISTRICT RESPONSIBILITY. The district has |
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full responsibility for providing medical, hospital, and health |
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care for the district's needy and indigent residents. (Acts 60th |
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Leg., R.S., Ch. 502, Secs. 2 (part), 12 (part).) |
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Sec. 1031.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION. Garza County or a municipality in Garza County may not |
|
impose a tax for health care purposes. (Acts 60th Leg., R.S., Ch. |
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502, Sec. 12 (part).) |
|
Sec.1031.103.MANAGEMENT AND CONTROL. The management and |
|
control of the district is vested in the board. (Acts 60th Leg., |
|
R.S., Ch. 502, Sec. 4 (part).) |
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Sec.1031.104.RULES. (a) The board may adopt rules |
|
governing the operation of the district, including district |
|
facilities. |
|
(b) On approval by the board, the rules may be published in |
|
booklet form at district expense and made available to any taxpayer |
|
on request. (Acts 60th Leg., R.S., Ch. 502, Sec. 8(c).) |
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Sec.1031.105.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
The board may prescribe the method and manner of making purchases |
|
and expenditures by and for the district. |
|
(b) The board shall prescribe: |
|
(1) all accounting and control procedures; and |
|
(2) the method of purchasing necessary supplies, |
|
materials, and equipment. (Acts 60th Leg., R.S., Ch. 502, Sec. 8(a) |
|
(part).) |
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Sec. 1031.106. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board may: |
|
(1) purchase or lease property, including facilities |
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or equipment, for the district to use in the health care system; and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(b) The board may lease district health care facilities to |
|
individuals, corporations, or other legal entities for a term not |
|
to exceed 20 years. |
|
(c) The board may sell or otherwise dispose of the |
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district's property, including facilities or equipment. (Acts 60th |
|
Leg., R.S., Ch. 502, Secs. 8(d), (f), (g).) |
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Sec.1031.107.COMPETITIVE BIDDING. The district may not |
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enter into a contract that requires the district to spend at least |
|
$15,000 and creates or imposes any type of obligation or liability |
|
on the district, unless the district first submits the contract to |
|
competitive bids. (Acts 60th Leg., R.S., Ch. 502, Sec. 6(g).) |
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Sec.1031.108.EMERGENCY MEDICAL SERVICES. The board may |
|
spend district money to support emergency medical services in Garza |
|
County. (Acts 60th Leg., R.S., Ch. 502, Sec. 8(k).) |
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Sec.1031.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 60th Leg., R.S., Ch. 502, |
|
Sec. 14.) |
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Sec.1031.110.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
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When a patient who claims to be indigent is admitted to a district |
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facility, the board shall have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If an agent designated by the district to handle the |
|
inquiry determines that the patient or those relatives cannot pay |
|
all or part of the costs of the care and treatment in the health care |
|
facility, the amount of the costs that cannot be paid becomes a |
|
charge against the district. |
|
(c) If it is determined that the patient or those relatives |
|
are liable to pay for all or part of the costs of the patient's care |
|
and treatment, the patient or those relatives shall be ordered to |
|
pay to the district's depository or treasurer a specified amount |
|
each week for the patient's support. The amount ordered must be |
|
proportionate to the person's financial ability and may not exceed |
|
the actual per capita cost of maintenance. |
|
(d) The district may collect the amount from the patient's |
|
estate, or from any relative who is legally liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the designated district agent, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue an appropriate order. |
|
(f) The order may be appealed to the district court. (Acts |
|
60th Leg., R.S., Ch. 502, Sec. 13.) |
|
Sec.1031.111.NONINDIGENT RESIDENTS. The board may |
|
provide access to medical care to a nonindigent resident of Garza |
|
County if the nonindigent resident is charged the reasonable and |
|
customary cost of services. (Acts 60th Leg., R.S., Ch. 502, Sec. |
|
8(l).) |
|
Sec.1031.112.AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district may sue and be sued in its own |
|
name in any court of this state. (Acts 60th Leg., R.S., Ch. 502, |
|
Sec. 16 (part).) |
|
[Sections 1031.113-1031.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1031.151.BUDGET. The board annually shall require a |
|
budget to be prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 60th Leg., R.S., Ch. 502, Sec. 9(b) (part).) |
|
Sec.1031.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) Notice of the hearing must be published in a newspaper |
|
of general circulation in Garza County in accordance with Chapter |
|
551, Government Code. |
|
(c) Any district resident is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. (Acts 60th Leg., R.S., Ch. 502, Sec. 9(b) (part).) |
|
Sec.1031.153.FISCAL YEAR. The district operates on a |
|
fiscal year that begins on October 1 and ends on September 30. |
|
(Acts 60th Leg., R.S., Ch. 502, Sec. 9(a) (part).) |
|
Sec.1031.154.ANNUAL AUDIT. The board annually shall have |
|
an independent audit made of the district's books and records for |
|
the fiscal year. (Acts 60th Leg., R.S., Ch. 502, Sec. 9(a) (part).) |
|
Sec.1031.155.DEPOSITORY OR TREASURER. (a) The board by |
|
resolution shall designate a bank or banks as the district's |
|
depository or treasurer. A designated bank serves for two years and |
|
until a successor is designated. |
|
(b) All district money shall be secured in the manner |
|
provided for securing county funds. (Acts 60th Leg., R.S., Ch. 502, |
|
Sec. 10.) |
|
Sec.1031.156.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
The board may borrow money at a rate not to exceed the maximum |
|
annual percentage rate allowed by law for district obligations at |
|
the time the loan is made. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) a district tax to be imposed by the district during |
|
the 12-month period following the date of the pledge that is not |
|
pledged to pay the principal of or interest on district bonds; or |
|
(3) district bonds that have been authorized but not |
|
sold. |
|
(c) A loan for which taxes or bonds are pledged must mature |
|
not later than the first anniversary of the date the loan is made. A |
|
loan for which district revenue is pledged must mature not later |
|
than the fifth anniversary of the date the loan is made. (Acts 60th |
|
Leg., R.S., Ch. 502, Sec. 16A.) |
|
[Sections 1031.157-1031.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1031.201.GENERAL OBLIGATION BONDS. The board may |
|
issue general obligation bonds in the name and on the faith and |
|
credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements for health care |
|
purposes; or |
|
(3) acquire and operate a mobile emergency medical or |
|
air ambulance service. (Acts 60th Leg., R.S., Ch. 502, Sec. 6(a).) |
|
Sec.1031.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1031.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any |
|
maintenance and operation tax the district imposes may not exceed |
|
the tax rate approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 60th Leg., R.S., Ch. 502, Sec. 6(b) |
|
(part).) |
|
Sec.1031.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order a bond election. The election shall |
|
be conducted as provided by Chapter 1251, Government Code. |
|
(c) The board shall declare the results of the election. |
|
(Acts 60th Leg., R.S., Ch. 502, Sec. 6(b) (part).) |
|
Sec.1031.204.REVENUE BONDS. (a) The district may issue |
|
revenue bonds for any health care purpose, including a purpose |
|
described by Section 1031.201, only if the bonds are authorized by a |
|
majority of the district voters voting at an election held for that |
|
purpose. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's health care system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(Acts 60th Leg., R.S., Ch. 502, Sec. 6(c).) |
|
Sec.1031.205.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds in the manner provided by this |
|
subchapter to refund outstanding bonds issued by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the bonds to be refunded; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of the outstanding bonds and the unpaid |
|
matured interest on the bonds. (Acts 60th Leg., R.S., Ch. 502, Sec. |
|
6(f) (part).) |
|
Sec.1031.206.MATURITY OF BONDS. District bonds must |
|
mature not later than the 40th anniversary of the date of issuance. |
|
(Acts 60th Leg., R.S., Ch. 502, Sec. 6(e) (part).) |
|
Sec.1031.207.EXECUTION OF BONDS. (a) The board president |
|
shall execute the district's bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
60th Leg., R.S., Ch. 502, Sec. 6(d) (part).) |
|
[Sections 1031.208-1031.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1031.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the annual budget, the board shall impose a tax on all |
|
property in the district subject to district taxation. |
|
(b) The tax may be used to: |
|
(1) pay the interest on and create a sinking fund for |
|
warrants issued by the district for health care purposes; |
|
(2) pay for the maintenance and operation expenses of |
|
the district and health care system; |
|
(3) pay for indebtedness issued or assumed by the |
|
district; |
|
(4) make improvements and additions to the health care |
|
system; and |
|
(5) acquire necessary sites for the health care system |
|
by purchase, lease, or condemnation. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 60th |
|
Leg., R.S., Ch. 502, Secs. 5(a), (b) (part), (c), 9(b) (part).) |
|
Sec.1031.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters at the |
|
election authorizing the imposition of the tax. |
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
each $100 valuation of all taxable property in the district. (Acts |
|
60th Leg., R.S., Ch. 502, Sec. 5(b) (part).) |
|
Sec.1031.253.ELECTION TO INCREASE MAXIMUM TAX RATE. The |
|
board may call an election to increase the maximum tax rate of the |
|
district to a specified rate allowed by law on each $100 valuation |
|
of the taxable property in the district if the board determines that |
|
an increase is necessary to carry out the purposes for which the |
|
initial tax rate was authorized. (Acts 60th Leg., R.S., Ch. 502, |
|
Sec. 7 (part).) |
|
Sec.1031.254.TAX ASSESSOR-COLLECTOR. (a) The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. |
|
(b) The tax assessor-collector shall assess and collect |
|
taxes imposed by the district. (Acts 60th Leg., R.S., Ch. 502, Secs. |
|
5(b) (part), 9(b) (part).) |
|
[Sections 1031.255-1031.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec.1031.301.DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved only on approval of a majority of the district |
|
voters voting in an election 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. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 10 |
|
percent of the registered voters in the district. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition 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. |
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 60th Leg., R.S., Ch. |
|
502, Secs. 16B(a), (b), (c) (part).) |
|
Sec.1031.302.NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks a substantial copy of the election |
|
order in a newspaper with general circulation in the district. |
|
(b) The first publication of the notice must appear not |
|
later than the 35th day before the date set for the election. (Acts |
|
60th Leg., R.S., Ch. 502, Sec. 16B(d) (part).) |
|
Sec.1031.303.BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Garza County Health Care |
|
District." (Acts 60th Leg., R.S., Ch. 502, Sec. 16B(d) (part).) |
|
Sec.1031.304.ELECTION RESULTS. (a) If a majority of the |
|
votes in an election under this subchapter favor dissolution, the |
|
board shall find that the district is dissolved. |
|
(b) 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 date of the most recent election |
|
to dissolve the district. (Acts 60th Leg., R.S., Ch. 502, Sec. |
|
16B(e).) |
|
Sec.1031.305.TRANSFER, SALE, OR ADMINISTRATION OF ASSETS. |
|
(a) If a majority of the votes in the election held under this |
|
subchapter favor dissolution, the board shall: |
|
(1) transfer the land, buildings, improvements, |
|
equipment, and other assets that belong to the district to Garza |
|
County or another governmental entity in Garza 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 board makes the transfer under Subsection (a)(1), |
|
the county or entity assumes all debts and obligations of the |
|
district at the time of the transfer, and the district is dissolved. |
|
(c) If Subsections (a)(1) and (2) do not apply and the board |
|
administers the property, assets, and debts of the district under |
|
Subsection (a)(3), the district is dissolved when all money has |
|
been disposed of and all district debts have been paid or settled. |
|
(Acts 60th Leg., R.S., Ch. 502, Secs. 16B(f), (g), (m) (part).) |
|
Sec.1031.306.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
(a) The dissolution of the district and the sale or transfer of the |
|
district's assets and liabilities to another person may not |
|
contravene a trust indenture or bond resolution relating to the |
|
district's outstanding bonds. The dissolution and sale or transfer |
|
does not diminish or impair the rights of a holder of an outstanding |
|
bond, warrant, or other obligation of the district. |
|
(b) The 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. |
|
(c) The district may not transfer or dispose of the |
|
district's assets except for due compensation unless: |
|
(1) the transfer is made to another governmental |
|
entity that serves the district; and |
|
(2) the transferred assets are to be used for the |
|
benefit of the district's residents. |
|
(d) A grant from federal funds is an obligation to be repaid |
|
in satisfaction. (Acts 60th Leg., R.S., Ch. 502, Secs. 16B(m) |
|
(part), (n).) |
|
Sec. 1031.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES. (a) After the board finds that the district is dissolved, |
|
the board shall: |
|
(1) determine the 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. |
|
(b) On the payment of all outstanding debts and obligations |
|
of the district, the board shall order the secretary to return to |
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
tax money. |
|
(c) 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. (Acts |
|
60th Leg., R.S., Ch. 502, Secs. 16B(h), (i), (j).) |
|
Sec.1031.308.REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all district debts and has disposed of all |
|
district money and other assets as prescribed by this subchapter, |
|
the board shall file a written report with the Commissioners Court |
|
of Garza County summarizing the board's actions in dissolving the |
|
district. |
|
(b) Not later than the 10th day after the date the |
|
Commissioners Court of Garza County receives the report and |
|
determines that the requirements of this subchapter have been |
|
fulfilled, the commissioners court shall enter an order dissolving |
|
the district and releasing the board from any further duty or |
|
obligation. (Acts 60th Leg., R.S., Ch. 502, Secs. 16B(k), (l).) |
|
CHAPTER 1032. GONZALES HEALTHCARE SYSTEMS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1032.001. DEFINITIONS |
|
Sec. 1032.002. AUTHORITY FOR OPERATION |
|
Sec. 1032.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1032.004. DISTRICT TERRITORY |
|
Sec. 1032.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1032.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1032.007-1032.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1032.051. BOARD ELECTION; TERM |
|
Sec. 1032.052. NOTICE OF ELECTION |
|
Sec. 1032.053. BALLOT PETITION |
|
Sec. 1032.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1032.055. BOARD VACANCY |
|
Sec. 1032.056. OFFICERS |
|
Sec. 1032.057. COMPENSATION; EXPENSES |
|
Sec. 1032.058. VOTING REQUIREMENT |
|
Sec. 1032.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1032.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1032.061. EMPLOYEES; APPOINTMENT OF STAFF |
|
[Sections 1032.062-1032.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1032.101. DISTRICT RESPONSIBILITY |
|
Sec. 1032.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1032.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1032.104. HOSPITAL SYSTEM |
|
Sec. 1032.105. RULES |
|
Sec. 1032.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1032.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1032.108. EMINENT DOMAIN |
|
Sec. 1032.109. GIFTS AND ENDOWMENTS |
|
Sec. 1032.110. CONSTRUCTION CONTRACTS |
|
Sec. 1032.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1032.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1032.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1032.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1032.115. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1032.116-1032.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1032.151. BUDGET |
|
Sec. 1032.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1032.153. AMENDMENTS TO BUDGET |
|
Sec. 1032.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1032.155. FISCAL YEAR |
|
Sec. 1032.156. ANNUAL AUDIT |
|
Sec. 1032.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1032.158. FINANCIAL REPORT |
|
Sec. 1032.159. DEPOSITORY |
|
Sec. 1032.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1032.161-1032.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1032.201. GENERAL OBLIGATION BONDS |
|
Sec. 1032.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1032.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1032.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1032.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1032.206. REVENUE BONDS |
|
Sec. 1032.207. REFUNDING BONDS |
|
Sec. 1032.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1032.209-1032.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1032.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1032.252. TAX RATE |
|
Sec. 1032.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR |
|
Sec. 1032.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1032. GONZALES HEALTHCARE SYSTEMS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1032.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means Gonzales Healthcare Systems. |
|
(New.) |
|
Sec.1032.002.AUTHORITY FOR OPERATION. The district |
|
operates and is administered and financed in accordance with |
|
Section 9, Article IX, Texas Constitution, and has the rights, |
|
powers, and duties provided by this chapter. (Acts 64th Leg., R.S., |
|
Ch. 191, Sec. 1 (part).) |
|
Sec.1032.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 64th Leg., R.S., Ch. 191, Sec. 21 (part).) |
|
Sec.1032.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Gonzales County |
|
except the district does not include the territory of the following |
|
districts that lie within the county as those districts existed on |
|
January 1, 1975: |
|
(1) Nixon Hospital District of Gonzales and Wilson |
|
Counties; |
|
(2) DeWitt Medical District; |
|
(3) Yoakum Hospital District; and |
|
(4) Shiner Independent School District of Shiner and |
|
Lavaca Counties. (Acts 64th Leg., R.S., Ch. 191, Sec. 1 (part).) |
|
Sec. 1032.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 64th |
|
Leg., R.S., Ch. 191, Sec. 20 (part).) |
|
Sec.1032.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 64th Leg., R.S., Ch. 191, Sec. 20 (part).) |
|
[Sections 1032.007-1032.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1032.051.BOARD ELECTION; TERM. (a) The board |
|
consists of nine directors elected as follows: |
|
(1) four directors, each of whom is elected from the |
|
county commissioners precinct represented by the director; and |
|
(2) five directors from the district at large. |
|
(b) Directors serve staggered two-year terms unless |
|
four-year terms are established under Section 285.081, Health and |
|
Safety Code. (Acts 64th Leg., R.S., Ch. 191, Sec. 4(c) (part).) |
|
Sec.1032.052.NOTICE OF ELECTION. At least 45 days before |
|
the date of an election of directors, notice of the election shall |
|
be published one time in a newspaper or newspapers that |
|
individually or collectively have general circulation in the |
|
district. (Acts 64th Leg., R.S., Ch. 191, Sec. 4(c) (part).) |
|
Sec.1032.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by at least 10 voters; and |
|
(2) filed at least 45 days before the date of the |
|
election. (Acts 64th Leg., R.S., Ch. 191, Sec. 4(c) (part).) |
|
Sec.1032.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; or |
|
(2) a district employee. (Acts 64th Leg., R.S., Ch. |
|
191, Sec. 4(d).) |
|
Sec.1032.055.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 64th Leg., R.S., Ch. 191, |
|
Sec. 4(c) (part).) |
|
Sec.1032.056.OFFICERS. (a) The board shall elect: |
|
(1) a president and a vice president from among its |
|
members; and |
|
(2) a secretary, who need not be a director. |
|
(b) Each officer of the board serves for a term of one year. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 64th Leg., R.S., Ch. 191, Sec. 4(e) (part).) |
|
Sec.1032.057.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 64th Leg., R.S., Ch. |
|
191, Sec. 4(e) (part).) |
|
Sec.1032.058.VOTING REQUIREMENT. A concurrence of five |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 64th Leg., R.S., Ch. 191, Sec. 4(e) (part).) |
|
Sec. 1032.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
district administrator. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The district administrator and any assistant |
|
administrator serve at the will of the board and are entitled to the |
|
compensation determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 64th Leg., R.S., Ch. 191, Sec. 5 (part).) |
|
Sec.1032.060.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 64th |
|
Leg., R.S., Ch. 191, Sec. 5 (part).) |
|
Sec.1032.061.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as necessary. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to hire district employees, including technicians and |
|
nurses. (Acts 64th Leg., R.S., Ch. 191, Secs. 5 (part), 16.) |
|
[Sections 1032.062-1032.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1032.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating all hospital facilities for |
|
providing medical and hospital care for the district's needy |
|
inhabitants. (Acts 64th Leg., R.S., Ch. 191, Sec. 19 (part).) |
|
Sec. 1032.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located wholly or |
|
partly within the district may not impose a tax or issue bonds or |
|
other obligations for hospital purposes or to provide medical care |
|
for district residents. (Acts 64th Leg., R.S., Ch. 191, Sec. 19 |
|
(part).) |
|
Sec.1032.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 64th Leg., R.S., Ch. |
|
191, Sec. 5 (part).) |
|
Sec.1032.104.HOSPITAL SYSTEM. (a) The district shall |
|
provide for the establishment of a hospital system by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and equipment; |
|
(2) equipping the buildings; and |
|
(3) administering the buildings and equipment for |
|
hospital purposes. |
|
(b) The hospital system may include any facilities the board |
|
considers necessary for hospital care. (Acts 64th Leg., R.S., Ch. |
|
191, Secs. 2 (part), 10(a) (part).) |
|
Sec.1032.105.RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 64th Leg., R.S., Ch. 191, |
|
Sec. 5 (part).) |
|
Sec.1032.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 64th |
|
Leg., R.S., Ch. 191, Sec. 10(b) (part).) |
|
Sec. 1032.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system. |
|
(b) The board may lease all or part of the district's |
|
buildings and other facilities on terms considered to be in the best |
|
interest of the district's inhabitants. |
|
(c) The district may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the property as |
|
security for the payment of the purchase price. |
|
(d) The district may sell or otherwise dispose of any |
|
property, including equipment, on terms the board finds are in the |
|
best interest of the district's inhabitants. (Acts 64th Leg., |
|
R.S., Ch. 191, Secs. 10(a) (part), (b) (part).) |
|
Sec.1032.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary or convenient for the |
|
district to exercise a power, right, or privilege conferred by this |
|
chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 64th Leg., R.S., Ch. 191, Sec. |
|
14.) |
|
Sec.1032.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 64th Leg., R.S., Ch. 191, |
|
Sec. 18.) |
|
Sec.1032.110.CONSTRUCTION CONTRACTS. A construction |
|
contract that involves the expenditure of more than $10,000 may be |
|
made only after advertising in the manner provided by Chapter 252 |
|
and Subchapter C, Chapter 262, Local Government Code. (Acts 64th |
|
Leg., R.S., Ch. 191, Sec. 10(b) (part).) |
|
Sec.1032.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 64th Leg., R.S., Ch. 191, Sec. 10(a) |
|
(part).) |
|
Sec. 1032.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries for the care |
|
and treatment of a sick or injured person of that county or |
|
municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for the treatment of a sick or injured person. (Acts 64th |
|
Leg., R.S., Ch. 191, Sec. 5 (part).) |
|
Sec. 1032.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district |
|
to provide investigatory or other services for the medical, |
|
hospital, or welfare needs of district inhabitants. (Acts 64th |
|
Leg., R.S., Ch. 191, Sec. 5 (part).) |
|
Sec.1032.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment in the hospital, the amount of the costs that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(f) A final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 64th Leg., R.S., Ch. 191, Sec. 17.) |
|
Sec.1032.115.AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 64th Leg., R.S., Ch. |
|
191, Sec. 5 (part).) |
|
[Sections 1032.116-1032.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1032.151.BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand in each district fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 64th Leg., |
|
R.S., Ch. 191, Sec. 6 (part).) |
|
Sec.1032.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) Notice of the hearing must be published one time at |
|
least 10 days before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the taxpayers |
|
and that the law warrants. (Acts 64th Leg., R.S., Ch. 191, Sec. 6 |
|
(part).) |
|
Sec.1032.153.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 64th Leg., R.S., Ch. 191, Sec. 6 (part).) |
|
Sec.1032.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 64th Leg., R.S., Ch. 191, Sec. 6 (part).) |
|
Sec.1032.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period that revenue bonds of the district |
|
are outstanding; or |
|
(2) more than once in a 24-month period. (Acts 64th |
|
Leg., R.S., Ch. 191, Sec. 6 (part).) |
|
Sec.1032.156.ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 64th |
|
Leg., R.S., Ch. 191, Sec. 6 (part).) |
|
Sec. 1032.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records shall be open |
|
to inspection at the district's principal office. (Acts 64th Leg., |
|
R.S., Ch. 191, Sec. 6 (part).) |
|
Sec.1032.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 64th Leg., R.S., Ch. 191, Sec. 6 (part).) |
|
Sec.1032.159.DEPOSITORY. (a) The board shall select one |
|
or more banks inside or outside the district to serve as a |
|
depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1032.160(b), and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to place a part of district money on time |
|
deposit or to purchase certificates of deposit. |
|
(d) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or other security in an amount sufficient to secure from loss the |
|
district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 64th Leg., R.S., Ch. 191, |
|
Sec. 11.) |
|
Sec.1032.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Section 1032.107(c) and by |
|
Subchapter E, the district may not incur an obligation payable from |
|
district revenue other than the revenue on hand or to be on hand in |
|
the current and following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 64th Leg., R.S., Ch. 191, Secs. 5 |
|
(part), 10(b) (part).) |
|
[Sections 1032.161-1032.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1032.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 64th Leg., R.S., Ch. 191, Sec. 7(a) (part).) |
|
Sec.1032.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1032.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of all taxable property in the |
|
district. (Acts 64th Leg., R.S., Ch. 191, Sec. 7(a) (part).) |
|
Sec.1032.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters. |
|
(b) The order calling the election shall provide for clerks |
|
as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. (Acts 64th Leg., R.S., Ch. 191, |
|
Sec. 7(a) (part).) |
|
Sec.1032.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 50 |
|
years after the date of issuance. (Acts 64th Leg., R.S., Ch. 191, |
|
Sec. 7(c) (part).) |
|
Sec.1032.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 64th Leg., |
|
R.S., Ch. 191, Sec. 7(c) (part).) |
|
Sec.1032.206.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
64th Leg., R.S., Ch. 191, Sec. 9 (part).) |
|
Sec.1032.207.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding |
|
indebtedness issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 64th |
|
Leg., R.S., Ch. 191, Secs. 7(a) (part), (b) (part), 9 (part).) |
|
Sec.1032.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 64th |
|
Leg., R.S., Ch. 191, Sec. 21 (part).) |
|
[Sections 1032.209-1032.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1032.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The board shall impose the tax to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The board may not impose a tax to pay the principal of or |
|
interest on revenue bonds issued under this chapter. (Acts 64th |
|
Leg., R.S., Ch. 191, Secs. 12(a) (part), 15(a) (part).) |
|
Sec.1032.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 64th |
|
Leg., R.S., Ch. 191, Secs. 3(b) (part), 12(a) (part), (b) (part).) |
|
Sec. 1032.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
elects to have taxes assessed and collected under Section 1032.254. |
|
(b) The tax assessor-collector of Gonzales County shall |
|
assess and collect taxes imposed by the district. (Acts 64th Leg., |
|
R.S., Ch. 191, Secs. 15(a) (part), (b) (part).) |
|
Sec. 1032.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
assessed and collected by a tax assessor-collector appointed by the |
|
board. An election under this subsection must be made by December 1 |
|
and governs the manner in which taxes are assessed and collected, |
|
until changed by a similar resolution. |
|
(b) The district tax assessor-collector must reside in the |
|
district. |
|
(c) The board shall set for the district tax |
|
assessor-collector: |
|
(1) the term of employment; and |
|
(2) compensation. (Acts 64th Leg., R.S., Ch. 191, |
|
Secs. 15(a) (part), (c) (part).) |
|
CHAPTER 1033. GRAPELAND HOSPITAL DISTRICT |
|
OF HOUSTON COUNTY, TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1033.001. DEFINITIONS |
|
Sec. 1033.002. AUTHORITY FOR CREATION |
|
Sec. 1033.003. DISTRICT TERRITORY |
|
Sec. 1033.004. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1033.005. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1033.006-1033.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1033.051. BOARD ELECTION; TERM |
|
Sec. 1033.052. QUALIFICATIONS FOR OFFICE |
|
Sec. 1033.053. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION OF OFFICE |
|
Sec. 1033.054. BOARD VACANCY |
|
Sec. 1033.055. OFFICERS |
|
Sec. 1033.056. COMPENSATION; EXPENSES |
|
Sec. 1033.057. DISTRICT ADMINISTRATOR |
|
Sec. 1033.058. EMPLOYEES; APPOINTMENT AND DISMISSAL OF STAFF |
|
Sec. 1033.059. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
[Sections 1033.060-1033.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1033.101. DISTRICT RESPONSIBILITY |
|
Sec. 1033.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1033.103. MANAGEMENT AND CONTROL OF DISTRICT |
|
Sec. 1033.104. HOSPITAL SYSTEM |
|
Sec. 1033.105. RULES |
|
Sec. 1033.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1033.107. EMINENT DOMAIN |
|
Sec. 1033.108. GIFTS AND ENDOWMENTS |
|
Sec. 1033.109. CONTRACTS WITH POLITICAL SUBDIVISIONS |
|
FOR HOSPITAL CARE |
|
Sec. 1033.110. PAYMENT FOR TREATMENT; PROCEDURES |
|
[Sections 1033.111-1033.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1033.151. BUDGET |
|
Sec. 1033.152. PROPOSED BUDGET; NOTICE AND HEARING |
|
Sec. 1033.153. FISCAL YEAR |
|
Sec. 1033.154. ANNUAL AUDIT |
|
Sec. 1033.155. DEPOSITORY |
|
[Sections 1033.156-1033.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1033.201. BONDS |
|
Sec. 1033.202. TAX TO PAY BONDS |
|
Sec. 1033.203. BOND ELECTION |
|
Sec. 1033.204. MATURITY OF BONDS |
|
Sec. 1033.205. EXECUTION OF BONDS |
|
[Sections 1033.206-1033.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1033.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1033.252. TAX RATE |
|
Sec. 1033.253. TAX ASSESSOR AND COLLECTOR |
|
[Sections 1033.254-1033.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1033.301. DISSOLUTION; ELECTION |
|
Sec. 1033.302. BALLOT |
|
Sec. 1033.303. ELECTION RESULTS |
|
Sec. 1033.304. TRANSFER OF DISTRICT ASSETS |
|
CHAPTER 1033. GRAPELAND HOSPITAL DISTRICT |
|
OF HOUSTON COUNTY, TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1033.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Grapeland Hospital District |
|
of Houston County, Texas. (New.) |
|
Sec.1033.002.AUTHORITY FOR CREATION. The district is |
|
created under the authority of Section 9, Article IX, Texas |
|
Constitution. (Acts 62nd Leg., R.S., Ch. 455, Sec. 1.) |
|
Sec.1033.003.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of the Grapeland |
|
Independent School District as those boundaries existed on May 26, |
|
1971. (Acts 62nd Leg., R.S., Ch. 455, Sec. 2.) |
|
Sec. 1033.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district's hospital |
|
system and any indebtedness incurred by the district under this |
|
chapter may not become a charge against or obligation of this state. |
|
(Acts 62nd Leg., R.S., Ch. 455, Sec. 18 (part).) |
|
Sec.1033.005.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 62nd Leg., R.S., Ch. 455, Sec. 18 (part).) |
|
[Sections 1033.006-1033.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1033.051.BOARD ELECTION; TERM. (a) The board |
|
consists of seven directors elected from the district at large. |
|
(b) Directors serve staggered two-year terms unless |
|
four-year terms are established under Section 285.081, Health and |
|
Safety Code. (Acts 62nd Leg., R.S., Ch. 455, Secs. 5(a), (d), (e), |
|
(g).) |
|
Sec.1033.052.QUALIFICATIONS FOR OFFICE. To qualify for |
|
election to the board, a person must: |
|
(1) be at least 18 years of age; |
|
(2) have been a district resident for at least two |
|
years; and |
|
(3) be a qualified property taxpaying voter of the |
|
district. (Acts 62nd Leg., R.S., Ch. 455, Sec. 5(b).) |
|
Sec. 1033.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
commercial bond for $1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district shall pay for a director's bond. |
|
(c) Each director's bond and constitutional oath or |
|
affirmation of office shall be deposited with the district's |
|
depository for safekeeping. (Acts 62nd Leg., R.S., Ch. 455, Sec. |
|
6(a).) |
|
Sec.1033.054.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, a majority of the directors shall appoint a |
|
director for the unexpired term. (Acts 62nd Leg., R.S., Ch. 455, |
|
Sec. 5(h).) |
|
Sec.1033.055.OFFICERS. The board shall elect from among |
|
its members a president, a secretary, and a treasurer at the first |
|
meeting after each directors' election. (Acts 62nd Leg., R.S., Ch. |
|
455, Sec. 6(b).) |
|
Sec.1033.056.COMPENSATION; EXPENSES. A director serves |
|
without compensation but is entitled to reimbursement for necessary |
|
expenses incurred in the performance of official duties. (Acts |
|
62nd Leg., R.S., Ch. 455, Sec. 6(c).) |
|
Sec.1033.057.DISTRICT ADMINISTRATOR. (a) The board may |
|
employ a district administrator to manage the operations of the |
|
hospital system. |
|
(b) The district administrator may employ necessary |
|
personnel to perform the services provided by the hospital system. |
|
(Acts 62nd Leg., R.S., Ch. 455, Sec. 12(e) (part).) |
|
Sec. 1033.058. EMPLOYEES; APPOINTMENT AND DISMISSAL OF |
|
STAFF. (a) The board may appoint to or dismiss from the staff any |
|
doctors the board considers necessary for the efficient operation |
|
of the district and make temporary appointments as necessary. |
|
(b) The board may employ an attorney, general manager, |
|
bookkeeper, architect, and other employees necessary for the |
|
efficient operation of the district. (Acts 62nd Leg., R.S., Ch. |
|
455, Secs. 12(e) (part), (h).) |
|
Sec.1033.059.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
The board shall: |
|
(1) maintain all district records, including books, |
|
accounts, notices, minutes, and other matters of the district and |
|
the district's operation at the district office; and |
|
(2) make those records available for public inspection |
|
at reasonable times. (Acts 62nd Leg., R.S., Ch. 455, Sec. 12(b).) |
|
[Sections 1033.060-1033.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1033.101.DISTRICT RESPONSIBILITY. The district shall |
|
provide all necessary medical and hospital care for the district's |
|
needy inhabitants. (Acts 62nd Leg., R.S., Ch. 455, Sec. 3 (part).) |
|
Sec. 1033.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision of this state, other |
|
than the district, may not impose a tax or issue bonds or other |
|
obligations to provide hospital service or medical care in the |
|
district. (Acts 62nd Leg., R.S., Ch. 455, Sec. 3 (part).) |
|
Sec.1033.103.MANAGEMENT AND CONTROL OF DISTRICT. The |
|
board has full power to manage and control the district. (Acts 62nd |
|
Leg., R.S., Ch. 455, Sec. 12(a) (part).) |
|
Sec.1033.104.HOSPITAL SYSTEM. The district has the |
|
responsibility to establish a hospital or hospital system within |
|
its boundaries to provide hospital and medical care to the |
|
district's residents. (Acts 62nd Leg., R.S., Ch. 455, Sec. 3 |
|
(part).) |
|
Sec.1033.105.RULES. (a) The board shall adopt rules for |
|
the efficient operation of the district, including district |
|
facilities. |
|
(b) The board shall: |
|
(1) publish the rules in book form; and |
|
(2) provide copies to interested persons on request at |
|
district expense. (Acts 62nd Leg., R.S., Ch. 455, Sec. 12(c).) |
|
Sec.1033.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe the method of making purchases and expenditures |
|
and the manner of accounting and control used by the district. |
|
(Acts 62nd Leg., R.S., Ch. 455, Sec. 12(e) (part).) |
|
Sec.1033.107.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in real, personal, or mixed property located in |
|
district territory if the interest is necessary or convenient for |
|
the district to exercise a power or duty conferred on the district |
|
by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except that the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding, the district is not |
|
required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; or |
|
(2) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 62nd Leg., R.S., Ch. 455, Sec. |
|
15.) |
|
Sec.1033.108.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board under the directions, limitations, or |
|
other provisions prescribed in writing by the donor that are not |
|
inconsistent with the proper management of the district. (Acts |
|
62nd Leg., R.S., Ch. 455, Sec. 12(f).) |
|
Sec. 1033.109. CONTRACTS WITH POLITICAL SUBDIVISIONS FOR |
|
HOSPITAL CARE. The board may contract with a political subdivision |
|
to provide hospital care for needy persons who reside outside the |
|
district. (Acts 62nd Leg., R.S., Ch. 455, Sec. 12(g).) |
|
Sec.1033.110.PAYMENT FOR TREATMENT; PROCEDURES. (a) A |
|
person who resides in the district is entitled to receive necessary |
|
medical and hospital care from the district regardless of whether |
|
the person has the ability to pay for the care and may apply to |
|
receive this care without cost. |
|
(b) The board or the district administrator shall employ a |
|
person to investigate the ability of the patient and any relative |
|
who is liable for the patient's support to pay for the medical and |
|
hospital care received by the patient. |
|
(c) If the investigator determines that the patient or |
|
relative legally liable for the patient's support cannot pay all or |
|
part of the costs of the patient's care, the expense of the care |
|
becomes a charge against the district. |
|
(d) If the patient or a relative of the patient legally |
|
liable for the patient's support can pay for all or part of the |
|
costs of the patient's care, the board shall order the patient or |
|
relative to pay to the treasurer each week an amount specified in |
|
the order. The amount must be proportionate to the person's ability |
|
to pay. |
|
(e) The district may collect the amount from the patient's |
|
estate, or from any relative who is liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(f) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the investigator, the board shall hold a hearing and, |
|
after calling witnesses, shall: |
|
(1) determine the question; and |
|
(2) make the proper order based on the board's |
|
findings. |
|
(g) A party to the hearing who is not satisfied with the |
|
result of the order may appeal to the district court. The appeal is |
|
de novo. (Acts 62nd Leg., R.S., Ch. 455, Sec. 14.) |
|
[Sections 1033.111-1033.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1033.151.BUDGET. The board shall prepare a budget |
|
that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections for the next |
|
fiscal year; and |
|
(3) the amount of taxes required to be imposed to meet |
|
the proposed budget. (Acts 62nd Leg., R.S., Ch. 455, Sec. 13(b).) |
|
Sec.1033.152.PROPOSED BUDGET; NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in the district not later than |
|
the 11th day before the date of the hearing. |
|
(c) Any person is entitled to: |
|
(1) appear at the hearing; and |
|
(2) be heard regarding any item in the proposed |
|
budget. (Acts 62nd Leg., R.S., Ch. 455, Secs. 13(c), (d).) |
|
Sec.1033.153.FISCAL YEAR. The district's fiscal year is |
|
from October 1 to September 30. (Acts 62nd Leg., R.S., Ch. 455, |
|
Sec. 13(a).) |
|
Sec.1033.154.ANNUAL AUDIT. (a) The board annually shall |
|
require an independent audit of the district's books and records. |
|
(b) Not later than December 1 of each year, the board shall |
|
file a copy of the audit with: |
|
(1) the comptroller; and |
|
(2) the district. (Acts 62nd Leg., R.S., Ch. 455, Sec. |
|
12(d).) |
|
Sec.1033.155.DEPOSITORY. (a) The board by resolution |
|
shall designate a bank in Houston County as the district's |
|
depository. A designated bank serves for two years and until a |
|
successor is designated. |
|
(b) All district money shall be deposited in the depository |
|
and secured in the manner provided for securing county funds. (Acts |
|
62nd Leg., R.S., Ch. 455, Sec. 16.) |
|
[Sections 1033.156-1033.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1033.201.BONDS. The district may issue bonds to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; and |
|
(2) equip buildings for hospital purposes. (Acts 62nd |
|
Leg., R.S., Ch. 455, Secs. 9(a) (part), 10(a) (part).) |
|
Sec.1033.202.TAX TO PAY BONDS. The board may issue bonds |
|
under Section 1033.201 only if the board imposes an ad valorem tax |
|
at a rate sufficient to create an interest and sinking fund to pay |
|
the principal of and interest on the bonds as the bonds mature. |
|
(Acts 62nd Leg., R.S., Ch. 455, Sec. 10(c).) |
|
Sec.1033.203.BOND ELECTION. (a) The board may issue |
|
bonds under Section 1033.201 only if the bonds are authorized by a |
|
majority of district voters voting in an election held for that |
|
purpose. The total face value of the bonds may not exceed the |
|
amount specified in the election order. |
|
(b) The board may order a bond election at any time. |
|
(c) The order calling an election must include: |
|
(1) the time of the election; |
|
(2) the location of the polling places; |
|
(3) the form of the ballots; |
|
(4) the presiding judge for each polling place; |
|
(5) the purpose of the bond issuance; |
|
(6) the amount of the bonds to be authorized; |
|
(7) the maximum interest rate of the bonds; and |
|
(8) the maximum maturity of the bonds. |
|
(d) A substantial copy of the election order shall be |
|
published in a newspaper of general circulation in the district |
|
once a week for two consecutive weeks before the date of the |
|
election. The first notice must be published not later than the |
|
15th day before the date of the election. |
|
(e) A copy of the election results must be filed with the |
|
county clerk and become a public record. (Acts 62nd Leg., R.S., Ch. |
|
455, Secs. 4(b), (c), (d) (part), 9(a) (part), (b), (d), 10(a) |
|
(part).) |
|
Sec.1033.204.MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after the date of issuance. (Acts |
|
62nd Leg., R.S., Ch. 455, Sec. 9(c).) |
|
Sec.1033.205.EXECUTION OF BONDS. (a) The board president |
|
shall execute the district's bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
62nd Leg., R.S., Ch. 455, Sec. 10(b) (part).) |
|
[Sections 1033.206-1033.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1033.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The tax may be used only to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued under this chapter; |
|
(2) provide for the operation and maintenance of the |
|
district and the hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire sites for additions to the hospital |
|
system. (Acts 62nd Leg., R.S., Ch. 455, Secs. 8(a) (part), (c).) |
|
Sec.1033.252.TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 62nd Leg., R.S., Ch. 455, Sec. 8(a) |
|
(part).) |
|
Sec.1033.253.TAX ASSESSOR AND COLLECTOR. The tax |
|
assessor-collector of Houston County shall collect taxes for the |
|
district. (Acts 62nd Leg., R.S., Ch. 455, Sec. 8(d) (part).) |
|
[Sections 1033.254-1033.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec.1033.301.DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved as provided by this subchapter. |
|
(b) The board may order an election on the question of |
|
dissolving the district and transferring the district's assets and |
|
obligations to a governmental entity in Houston County as specified |
|
in the election order. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 20 |
|
percent of the registered voters in the district. |
|
(d) The order calling the election must designate the |
|
governmental entity in Houston County to which the district's |
|
assets and obligations will be transferred. |
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 62nd Leg., R.S., Ch. |
|
455, Secs. 18A(a), (b), (c) (part).) |
|
Sec.1033.302.BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Grapeland Hospital District |
|
and the transfer of the existing district assets to and the |
|
assumption of debts and bond obligations by ________ (name of |
|
governmental entity as specified in the election order)." (Acts |
|
62nd Leg., R.S., Ch. 455, Sec. 18A(d) (part).) |
|
Sec.1033.303.ELECTION RESULTS. (a) If a majority of the |
|
votes in an election under this subchapter favor dissolution and |
|
transfer of the district's assets and obligations, the board shall: |
|
(1) declare that the district is dissolved; and |
|
(2) transfer the district's assets and obligations to |
|
a governmental entity as provided by Section 1033.304. |
|
(b) If a majority of the votes in the election do not favor |
|
dissolution and transfer of the district's assets and obligations, |
|
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 date of the most recent election to |
|
dissolve the district and transfer the district's assets and |
|
obligations. (Acts 62nd Leg., R.S., Ch. 455, Sec. 18A(e).) |
|
Sec.1033.304.TRANSFER OF DISTRICT ASSETS. (a) If a |
|
majority of the votes in the election favor dissolution and |
|
transfer of the district's assets and obligations, the board shall |
|
transfer to the governmental entity specified in the election order |
|
the land, buildings, improvements, equipment, and other assets that |
|
belong to the district. |
|
(b) The governmental entity assumes all debts and |
|
obligations of the district at the time of the transfer. (Acts 62nd |
|
Leg., R.S., Ch. 455, Secs. 18A(f).) |
|
CHAPTER 1036. HAMILTON COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1036.001. DEFINITIONS |
|
Sec. 1036.002. AUTHORITY FOR OPERATION |
|
Sec. 1036.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1036.004. DISTRICT TERRITORY |
|
Sec. 1036.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1036.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1036.007-1036.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1036.051. BOARD ELECTION; TERM |
|
Sec. 1036.052. NOTICE OF ELECTION |
|
Sec. 1036.053. BALLOT PETITION |
|
Sec. 1036.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1036.055. BOARD VACANCY |
|
Sec. 1036.056. OFFICERS |
|
Sec. 1036.057. COMPENSATION; EXPENSES |
|
Sec. 1036.058. VOTING REQUIREMENT |
|
Sec. 1036.059. DISTRICT ADMINISTRATOR |
|
Sec. 1036.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1036.061. ASSISTANT DISTRICT ADMINISTRATOR; |
|
ATTORNEY |
|
Sec. 1036.062. EMPLOYEES; APPOINTMENT OF STAFF |
|
Sec. 1036.063. RETIREMENT BENEFITS |
|
[Sections 1036.064-1036.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1036.101. DISTRICT RESPONSIBILITY |
|
Sec. 1036.102. RESTRICTION ON COUNTY TAXATION AND DEBT |
|
Sec. 1036.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1036.104. RULES |
|
Sec. 1036.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1036.106. MOBILE EMERGENCY MEDICAL SERVICE |
|
Sec. 1036.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1036.108. EMINENT DOMAIN |
|
Sec. 1036.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1036.110. GIFTS AND ENDOWMENTS |
|
Sec. 1036.111. CONSTRUCTION CONTRACTS |
|
Sec. 1036.112. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1036.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR SERVICES |
|
Sec. 1036.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1036.115. REIMBURSEMENT FOR SERVICES |
|
Sec. 1036.116. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1036.117-1036.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1036.151. BUDGET |
|
Sec. 1036.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1036.153. AMENDMENT OF BUDGET |
|
Sec. 1036.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1036.155. FISCAL YEAR |
|
Sec. 1036.156. ANNUAL AUDIT |
|
Sec. 1036.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1036.158. FINANCIAL REPORT |
|
Sec. 1036.159. DEPOSITORY |
|
Sec. 1036.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1036.161-1036.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1036.201. GENERAL OBLIGATION BONDS |
|
Sec. 1036.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1036.203. BOND ELECTION |
|
Sec. 1036.204. REVENUE BONDS |
|
Sec. 1036.205. REFUNDING BONDS |
|
Sec. 1036.206. ADDITIONAL MEANS OF SECURING REPAYMENT |
|
OF BONDS |
|
Sec. 1036.207. MATURITY OF BONDS |
|
Sec. 1036.208. EXECUTION OF BONDS |
|
Sec. 1036.209. BONDS EXEMPT FROM TAXATION |
|
[Sections 1036.210-1036.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1036.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1036.252. TAX RATE |
|
Sec. 1036.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1036. HAMILTON COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1036.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Hamilton County Hospital |
|
District. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 1.01.) |
|
Sec.1036.002.AUTHORITY FOR OPERATION. The district |
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
Constitution, and by this chapter. (Acts 70th Leg., 2nd C.S., Ch. |
|
42, Sec. 1.02.) |
|
Sec.1036.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
a public entity performing an essential public function. (Acts |
|
70th Leg., 2nd C.S., Ch. 42, Sec. 7.11 (part).) |
|
Sec.1036.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Commissioners |
|
Precincts 1, 2, and 4 of Hamilton County as those boundaries existed |
|
on June 14, 1989. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 1.03.) |
|
Sec. 1036.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. This state may not become obligated for the support or |
|
maintenance of the district. (Acts 70th Leg., 2nd C.S., Ch. 42, |
|
Sec. 9.01 (part).) |
|
Sec.1036.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 9.01 (part).) |
|
[Sections 1036.007-1036.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1036.051.BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of five directors. |
|
(b) One director is elected from each commissioners |
|
precinct included in the district and two directors are elected |
|
from the district at large. |
|
(c) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; and |
|
(2) an election shall be held on the uniform election |
|
date in May of each year to elect the appropriate number of |
|
directors. (Acts 70th Leg., 2nd C.S., Ch. 42, Secs. 4.01(a), |
|
4.03(a), (d).) |
|
Sec.1036.052.NOTICE OF ELECTION. 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. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 4.04.) |
|
Sec.1036.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must: |
|
(1) be signed by at least 10 registered voters of the |
|
district, as determined by the most recent official lists of |
|
registered voters; |
|
(2) be filed not later than the 31st day before the |
|
date of the election; and |
|
(3) specify the commissioners precinct the candidate |
|
wants to represent or specify that the candidate wants to represent |
|
the district at large. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. |
|
4.05.) |
|
Sec.1036.054.QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to be a candidate for or to serve as a director, a person |
|
must be: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A person who is elected from a commissioners precinct or |
|
who is appointed to fill a vacancy for a commissioners precinct must |
|
be a resident of that commissioners precinct. |
|
(c) A district employee may not serve as a director. (Acts |
|
70th Leg., 2nd C.S., Ch. 42, Sec. 4.06.) |
|
Sec.1036.055.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 70th Leg., 2nd C.S., Ch. 42, |
|
Sec. 4.07.) |
|
Sec.1036.056.OFFICERS. (a) The board shall elect a |
|
president and a vice president from among its members. |
|
(b) The board shall appoint a secretary, who need not be a |
|
director. |
|
(c) Each officer of the board serves for a term of one year. |
|
(d) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 70th Leg., 2nd C.S., Ch. 42, Secs. 4.08, |
|
4.09.) |
|
Sec.1036.057.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 70th Leg., 2nd C.S., |
|
Ch. 42, Sec. 4.10.) |
|
Sec.1036.058.VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors voting is necessary in any matter |
|
relating to district business. (Acts 70th Leg., 2nd C.S., Ch. 42, |
|
Sec. 4.11.) |
|
Sec.1036.059.DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to the compensation determined by the board. |
|
(c) Before assuming the duties of district administrator, |
|
the administrator must execute a bond in the amount determined by |
|
the board of not less than $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
administrator's duties under this chapter. |
|
(d) The board may pay for the bond with district money. |
|
(Acts 70th Leg., 2nd C.S., Ch. 42, Secs. 4.12(a) (part), (b) (part), |
|
(c) (part), (d).) |
|
Sec.1036.060.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. (Acts |
|
70th Leg., 2nd C.S., Ch. 42, Sec. 4.15.) |
|
Sec.1036.061.ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
(a) The board may appoint qualified persons as: |
|
(1) the assistant district administrator; and |
|
(2) the attorney for the district. |
|
(b) The assistant district administrator and the attorney |
|
for the district serve at the will of the board and are entitled to |
|
the compensation determined by the board. (Acts 70th Leg., 2nd |
|
C.S., Ch. 42, Secs. 4.12(a) (part), (b) (part), (c) (part).) |
|
Sec.1036.062.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as necessary. |
|
(b) The district may employ technicians, nurses, fiscal |
|
agents, accountants, architects, additional attorneys, and other |
|
necessary employees. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ persons for the district. (Acts 70th Leg., 2nd |
|
C.S., Ch. 42, Secs. 4.13, 4.14.) |
|
Sec.1036.063.RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 70th Leg., 2nd C.S., |
|
Ch. 42, Sec. 4.16.) |
|
[Sections 1036.064-1036.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1036.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating hospital facilities; and |
|
(2) providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 70th Leg., 2nd C.S., Ch. 42, |
|
Sec. 5.02 (part).) |
|
Sec.1036.102.RESTRICTION ON COUNTY TAXATION AND DEBT. |
|
Hamilton County may not impose a tax or issue bonds or other |
|
obligations for hospital purposes or to provide medical care for |
|
district residents. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. |
|
5.01(b).) |
|
Sec.1036.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 70th Leg., 2nd C.S., |
|
Ch. 42, Sec. 5.03.) |
|
Sec.1036.104.RULES. The board may adopt rules governing: |
|
(1) the operation of the hospital and hospital system; |
|
and |
|
(2) the duties, functions, and responsibilities of the |
|
district staff and employees. (Acts 70th Leg., 2nd C.S., Ch. 42, |
|
Sec. 5.04.) |
|
Sec.1036.105.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) accounting and control procedures for the |
|
district. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 5.05.) |
|
Sec.1036.106.MOBILE EMERGENCY MEDICAL SERVICE. The |
|
district may operate or provide for the operation of a mobile |
|
emergency medical service. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. |
|
5.02 (part).) |
|
Sec. 1036.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The board may: |
|
(1) acquire property, including facilities and |
|
equipment, for the district for use in the hospital system; and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(c) The board may lease hospital facilities for the |
|
district. |
|
(d) The board may sell or otherwise dispose of the property, |
|
including facilities or equipment, for the district. (Acts 70th |
|
Leg., 2nd C.S., Ch. 42, Sec. 5.06.) |
|
Sec.1036.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in property located in district territory if the |
|
property interest is necessary for the district to exercise a right |
|
or authority conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except that the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. |
|
5.09.) |
|
Sec.1036.109.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of any railroad, highway, pipeline, |
|
electric transmission and electric distribution, telegraph, or |
|
telephone line, conduit, pole, or facility, the district must bear |
|
the actual cost of relocating, raising, lowering, rerouting, |
|
changing the grade, or altering the construction to provide |
|
comparable replacement, without enhancement of facilities, after |
|
deducting the net salvage value derived from the old facility. |
|
(Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 5.10.) |
|
Sec.1036.110.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for any |
|
purpose and under any direction, limitation, or other provision |
|
prescribed in writing by the donor that is consistent with the |
|
proper management of the district. (Acts 70th Leg., 2nd C.S., Ch. |
|
42, Sec. 5.14.) |
|
Sec.1036.111.CONSTRUCTION CONTRACTS. (a) The board may |
|
enter into construction contracts for the district. |
|
(b) The board may enter into a construction contract that |
|
involves an expenditure of more than the amount prescribed by |
|
Section 271.024, Local Government Code, only after competitive |
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
Code. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 5.07(a).) |
|
Sec.1036.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a hospital facility for the district. (Acts 70th Leg., 2nd C.S., |
|
Ch. 42, Sec. 5.08.) |
|
Sec. 1036.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
SERVICES. The board may contract with a political subdivision of |
|
this state or with a state or federal agency for the district to: |
|
(1) furnish a mobile emergency medical service; or |
|
(2) provide for the investigatory or welfare needs of |
|
district inhabitants. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. |
|
5.13.) |
|
Sec.1036.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a person who resides in the district is admitted as a patient |
|
to a district facility, the district administrator may have an |
|
inquiry made into the financial circumstances of: |
|
(1) the patient; and |
|
(2) a relative of the patient who is legally |
|
responsible for the patient's support. |
|
(b) To the extent that the patient or a relative of the |
|
patient who is legally responsible for the patient's support cannot |
|
pay for care and treatment provided by the district, the district |
|
shall supply the care and treatment without charging the patient or |
|
the patient's relative. |
|
(c) On determining that the patient or a relative legally |
|
responsible for the patient's support can pay for all or part of the |
|
care and treatment provided by the district, the district |
|
administrator shall report that determination to the board and the |
|
board shall issue an order directing the patient or the relative to |
|
pay the district a specified amount each week. The amount must be |
|
based on the individual's ability to pay. |
|
(d) The district administrator may collect the money owed to |
|
the district from the patient's estate or from that of a relative |
|
who was legally responsible for the patient's support in the manner |
|
provided by law for collection of expenses in the last illness of a |
|
deceased person. |
|
(e) If there is a dispute relating to a person's ability to |
|
pay or if the district administrator has any doubt concerning a |
|
person's ability to pay, the board shall: |
|
(1) call witnesses; |
|
(2) hear and resolve the question; and |
|
(3) issue a final order. |
|
(f) The final order of the board may be appealed to a |
|
district court in Hamilton County. The substantial evidence rule |
|
applies to the appeal. (Acts 70th Leg., 2nd C.S., Ch. 42, Secs. |
|
5.11(b), (c), (d), (e), (f).) |
|
Sec.1036.115.REIMBURSEMENT FOR SERVICES. (a) The board |
|
shall require a county, municipality, or public hospital located |
|
outside the district to reimburse the district for the district's |
|
care and treatment of a sick or injured person of that county, |
|
municipality, or public hospital as provided by Chapter 61, Health |
|
and Safety Code. |
|
(b) The board shall require the sheriff of Hamilton County |
|
to reimburse the district for the district's care and treatment of a |
|
person who is confined in a jail facility of Hamilton County and is |
|
not a district resident. |
|
(c) On behalf of the district, the board may contract with |
|
the state or federal government for that government to reimburse |
|
the district for treatment of a sick or injured person. (Acts 70th |
|
Leg., 2nd C.S., Ch. 42, Sec. 5.12.) |
|
Sec.1036.116.AUTHORITY TO SUE AND BE SUED. The board may |
|
sue and be sued on behalf of the district. (Acts 70th Leg., 2nd |
|
C.S., Ch. 42, Sec. 5.15.) |
|
[Sections 1036.117-1036.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1036.151.BUDGET. (a) The district administrator |
|
shall prepare a proposed annual budget for the district. |
|
(b) The proposed budget must contain a complete financial |
|
statement, including a statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand in each district fund; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 70th Leg., |
|
2nd C.S., Ch. 42, Sec. 6.04.) |
|
Sec.1036.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) The board shall publish notice of the hearing in a |
|
newspaper with general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the |
|
taxpayers. |
|
(e) The budget is effective only after adoption by the |
|
board. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 6.05.) |
|
Sec.1036.153.AMENDMENT OF BUDGET. After adoption, the |
|
annual budget may be amended on the board's approval. (Acts 70th |
|
Leg., 2nd C.S., Ch. 42, Sec. 6.06.) |
|
Sec.1036.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 6.07.) |
|
Sec.1036.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period that revenue bonds of the district |
|
are outstanding; or |
|
(2) more than once in a 24-month period. (Acts 70th |
|
Leg., 2nd C.S., Ch. 42, Sec. 6.01.) |
|
Sec.1036.156.ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 70th |
|
Leg., 2nd C.S., Ch. 42, Sec. 6.02.) |
|
Sec. 1036.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records shall be open |
|
to inspection during regular business hours at the district's |
|
principal office. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 6.03.) |
|
Sec.1036.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of the fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a sworn statement of the amount of district money; |
|
and |
|
(2) an account of the disbursements of that money. |
|
(Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 6.08.) |
|
Sec.1036.159.DEPOSITORY. (a) The board shall select at |
|
least one bank to serve as a depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1036.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and must remain on |
|
deposit. This subsection does not limit the power of the board to |
|
place a part of district money on time deposit or to purchase |
|
certificates of deposit. |
|
(c) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or other security in an amount sufficient to secure from loss the |
|
district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 70th Leg., 2nd C.S., Ch. 42, |
|
Sec. 6.10.) |
|
Sec.1036.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as provided by Sections 1036.111, 1036.201, 1036.204, and |
|
1036.205, the district may not incur a debt payable from district |
|
revenue other than the revenue on hand or to be on hand in the |
|
current and the immediately following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. |
|
6.09.) |
|
[Sections 1036.161-1036.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1036.201.GENERAL OBLIGATION BONDS. If authorized by |
|
an election, the board may issue and sell general obligation bonds |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements for hospital |
|
purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 7.01.) |
|
Sec.1036.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1036.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. |
|
7.02.) |
|
Sec.1036.203.BOND ELECTION. (a) The district may issue |
|
general obligation bonds or other bonds secured wholly or partly by |
|
an ad valorem tax, other than refunding bonds, only if the bonds are |
|
authorized by a majority of the voters voting at an election held |
|
for that purpose. |
|
(b) The board may order a bond election. |
|
(c) The order calling the election must specify: |
|
(1) the nature and date of the election; |
|
(2) the hours during which the polls will be open; |
|
(3) the location of the polling places; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. |
|
(e) The board shall declare the results of the election. |
|
(Acts 70th Leg., 2nd C.S., Ch. 42, Secs. 7.03, 7.12 (part).) |
|
Sec.1036.204.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; |
|
(2) acquire sites to be used for hospital purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service to assist the district in carrying out its hospital |
|
purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 7.04.) |
|
Sec.1036.205.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund an outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) Refunding bonds may be: |
|
(1) sold, with the proceeds of the refunding bonds |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 70th |
|
Leg., 2nd C.S., Ch. 42, Secs. 7.05(a), (c) (part).) |
|
Sec. 1036.206. ADDITIONAL MEANS OF SECURING REPAYMENT OF |
|
BONDS. In addition to the authority to issue general obligation |
|
bonds and revenue bonds under this subchapter, the board may |
|
provide for the security and payment of district bonds from a pledge |
|
of a combination of ad valorem taxes as authorized by Section |
|
1036.202 and revenue and other sources authorized by Section |
|
1036.204. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. 7.12 (part).) |
|
Sec.1036.207.MATURITY OF BONDS. District bonds must |
|
mature not later than 50 years after the date of issuance. (Acts |
|
70th Leg., 2nd C.S., Ch. 42, Sec. 7.06 (part).) |
|
Sec.1036.208.EXECUTION OF BONDS. (a) The board president |
|
shall execute district bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 70th Leg., |
|
2nd C.S., Ch. 42, Sec. 7.07.) |
|
Sec.1036.209.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 70th |
|
Leg., 2nd C.S., Ch. 42, Sec. 7.11 (part).) |
|
[Sections 1036.210-1036.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1036.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all property in the district subject to district |
|
taxation. |
|
(b) The tax may be used to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 70th |
|
Leg., 2nd C.S., Ch. 42, Secs. 8.01(a) (part), (c), (d), 8.02(b).) |
|
Sec.1036.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters at the |
|
election authorizing the imposition of the tax. |
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
each $100 valuation of all taxable property in the district. |
|
(c) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 70th |
|
Leg., 2nd C.S., Ch. 42, Secs. 8.01(a), (b), 8.03 (part).) |
|
Sec.1036.253.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 70th Leg., 2nd C.S., Ch. 42, Sec. |
|
8.04(b).) |
|
CHAPTER 1037. HAMLIN HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1037.001. DEFINITIONS |
|
Sec. 1037.002. AUTHORITY FOR CREATION |
|
Sec. 1037.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1037.004. DISTRICT TERRITORY |
|
Sec. 1037.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1037.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
[Sections 1037.007-1037.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1037.051. BOARD ELECTION; TERM |
|
Sec. 1037.052. NOTICE OF ELECTION |
|
Sec. 1037.053. BALLOT PETITION |
|
Sec. 1037.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1037.055. BOARD VACANCY |
|
Sec. 1037.056. OFFICERS |
|
Sec. 1037.057. COMPENSATION; EXPENSES |
|
Sec. 1037.058. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1037.059. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1037.060. EMPLOYEES; APPOINTMENT OF STAFF |
|
[Sections 1037.061-1037.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1037.101. DISTRICT RESPONSIBILITY |
|
Sec. 1037.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1037.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1037.104. HOSPITAL SYSTEM |
|
Sec. 1037.105. RULES |
|
Sec. 1037.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1037.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1037.108. EMINENT DOMAIN |
|
Sec. 1037.109. GIFTS AND ENDOWMENTS |
|
Sec. 1037.110. CONSTRUCTION CONTRACTS |
|
Sec. 1037.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1037.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1037.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1037.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1037.115. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1037.116-1037.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1037.151. BUDGET |
|
Sec. 1037.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1037.153. AMENDMENTS TO BUDGET |
|
Sec. 1037.154. FISCAL YEAR |
|
Sec. 1037.155. AUDIT |
|
Sec. 1037.156. INSPECTION OF AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1037.157. FINANCIAL REPORT |
|
Sec. 1037.158. DEPOSITORY |
|
Sec. 1037.159. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1037.160-1037.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1037.201. GENERAL OBLIGATION BONDS |
|
Sec. 1037.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1037.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1037.204. REVENUE BONDS |
|
Sec. 1037.205. REFUNDING BONDS |
|
Sec. 1037.206. MATURITY OF BONDS |
|
Sec. 1037.207. EXECUTION OF BONDS |
|
Sec. 1037.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1037.209-1037.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1037.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1037.252. TAX RATE |
|
Sec. 1037.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1037. HAMLIN HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1037.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Hamlin Hospital District. |
|
(Acts 63rd Leg., R.S., Ch. 561, Sec. 1 (part); New.) |
|
Sec.1037.002.AUTHORITY FOR CREATION. The district is |
|
created under the authority of Section 9, Article IX, Texas |
|
Constitution. The district has the rights, powers, and duties |
|
conferred by this chapter and general laws relating to hospital |
|
districts. (Acts 63rd Leg., R.S., Ch. 561, Secs. 1 (part), 2 |
|
(part).) |
|
Sec.1037.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 63rd Leg., R.S., Ch. 561, Sec. 22 (part).) |
|
Sec.1037.004.DISTRICT TERRITORY. The district is |
|
composed of the territory described by Section 1, Chapter 561, Acts |
|
of the 63rd Legislature, Regular Session, 1973. (New.) |
|
Sec.1037.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 63rd Leg., R.S., Ch. 561, Sec. 24 (part).) |
|
Sec. 1037.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 63rd |
|
Leg., R.S., Ch. 561, Sec. 21 (part).) |
|
[Sections 1037.007-1037.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1037.051.BOARD ELECTION; TERM. (a) The board |
|
consists of seven directors elected from the district at large. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; and |
|
(2) the terms of four directors expire in odd-numbered |
|
years and the terms of three directors expire in even-numbered |
|
years. |
|
(c) The election order must state the time, place, and |
|
purpose of the election. (Acts 63rd Leg., R.S., Ch. 561, Sec. 4(a) |
|
(part).) |
|
Sec.1037.052.NOTICE OF ELECTION. At least five days |
|
before the date of an election of directors, notice of the election |
|
shall be published one time in a newspaper of general circulation in |
|
the district. (Acts 63rd Leg., R.S., Ch. 561, Sec. 4(a) (part).) |
|
Sec.1037.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by at least 10 registered voters; and |
|
(2) filed at least 25 days before the date of the |
|
election. (Acts 63rd Leg., R.S., Ch. 561, Sec. 4(a) (part).) |
|
Sec.1037.054.QUALIFICATIONS FOR OFFICE. To be eligible |
|
to hold office as a director, a person must be a resident |
|
property-owning taxpaying voter of the district. (Acts 63rd Leg., |
|
R.S., Ch. 561, Sec. 4(b) (part).) |
|
Sec.1037.055.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors by majority vote shall |
|
appoint a director for the unexpired term. (Acts 63rd Leg., R.S., |
|
Ch. 561, Sec. 4(a) (part).) |
|
Sec.1037.056.OFFICERS. (a) The board shall elect from |
|
among its members a president, vice president, secretary, and other |
|
officers as in the judgment of the board are necessary. |
|
(b) The president is the chief executive officer of the |
|
district and has the same right to vote as any other director. |
|
(c) If the president is absent or fails and declines to act, |
|
the vice president shall perform the president's duties and |
|
exercise the president's powers under this chapter. (Acts 63rd |
|
Leg., R.S., Ch. 561, Sec. 4(b) (part).) |
|
Sec.1037.057.COMPENSATION; EXPENSES. A director serves |
|
without compensation but may receive actual expenses incurred in |
|
attending to district business on approval of the expenses by the |
|
remainder of the board. (Acts 63rd Leg., R.S., Ch. 561, Sec. 4(b) |
|
(part).) |
|
Sec. 1037.058. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
district administrator. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The district administrator and any assistant |
|
administrator serve at the will of the board and are entitled to the |
|
compensation determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 63rd Leg., R.S., Ch. 561, Sec. 5 (part).) |
|
Sec.1037.059.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 63rd |
|
Leg., R.S., Ch. 561, Sec. 5 (part).) |
|
Sec.1037.060.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as necessary. |
|
(b) The board shall determine the type, number, and location |
|
of district employees required to maintain an adequate hospital |
|
system. The board may employ fiscal agents, accountants, |
|
architects, attorneys, and other employees the board considers |
|
proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to hire district employees, including technicians and |
|
nurses. (Acts 63rd Leg., R.S., Ch. 561, Secs. 5 (part), 10(a) |
|
(part), 17.) |
|
[Sections 1037.061-1037.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1037.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing hospital care for the district's |
|
indigent residents. (Acts 63rd Leg., R.S., Ch. 561, Sec. 20 |
|
(part).) |
|
Sec. 1037.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located within the |
|
district may not impose a tax or issue bonds or other obligations |
|
for hospital purposes for the area of the district or to provide |
|
medical care for district inhabitants. (Acts 63rd Leg., R.S., Ch. |
|
561, Sec. 20 (part).) |
|
Sec.1037.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
(a) The board shall manage, control, and administer the hospital |
|
system and the district's money and resources. |
|
(b) Unless specifically stated otherwise in this chapter, |
|
the board has the power to do anything which, in their opinion, is |
|
necessary for the good maintenance, operation, and welfare of the |
|
district and the district's employees, patients, and property. |
|
(Acts 63rd Leg., R.S., Ch. 561, Secs. 5 (part), 21 (part).) |
|
Sec.1037.104.HOSPITAL SYSTEM. (a) The district shall |
|
provide for the establishment of a hospital system by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and equipment; |
|
(2) equipping the buildings; and |
|
(3) administering the buildings and equipment for |
|
hospital purposes. |
|
(b) The hospital system may include: |
|
(1) facilities for domiciliary care of the sick, |
|
injured, or geriatric; |
|
(2) facilities for outpatient clinics; |
|
(3) dispensaries; |
|
(4) convalescent home facilities; |
|
(5) necessary nurses' domiciliaries and training |
|
centers; |
|
(6) blood banks; |
|
(7) research centers or laboratories; and |
|
(8) ambulance and other facilities or services the |
|
board considers necessary for hospital care. (Acts 63rd Leg., |
|
R.S., Ch. 561, Secs. 2 (part), 10(a) (part).) |
|
Sec.1037.105.RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 63rd Leg., R.S., Ch. 561, |
|
Sec. 5 (part).) |
|
Sec.1037.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 63rd |
|
Leg., R.S., Ch. 561, Sec. 11 (part).) |
|
Sec. 1037.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type of equipment and |
|
the type, number, and location of buildings required to maintain an |
|
adequate hospital system. |
|
(b) The board may lease all or part of the district's |
|
buildings and other facilities on terms considered to be in the best |
|
interest of the district's inhabitants. The term of the lease may |
|
not exceed 25 years. |
|
(c) The district may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the property as |
|
security for the payment of the purchase price. A contract entered |
|
into under this subsection must provide that the entire obligation |
|
be retired not later than the fifth anniversary of the date of the |
|
contract. |
|
(d) The district may sell or otherwise dispose of any |
|
property, including equipment, on terms the board finds are in the |
|
best interest of the district's inhabitants. The board may not sell |
|
or dispose of any real property unless the board affirmatively |
|
finds that the real property is not needed for the operation of the |
|
hospital system. (Acts 63rd Leg., R.S., Ch. 561, Secs. 10(a) |
|
(part), (b) (part), 11 (part).) |
|
Sec.1037.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary for the district to exercise |
|
a power, right, or privilege conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
any appeal or writ of error. (Acts 63rd Leg., R.S., Ch. 561, Sec. |
|
15.) |
|
Sec.1037.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment for hospital purposes to be |
|
held in trust and administered by the board for the purposes and |
|
under the directions, limitations, or other provisions prescribed |
|
in writing by the donor that are not inconsistent with the proper |
|
management and objectives of the district. (Acts 63rd Leg., R.S., |
|
Ch. 561, Sec. 19.) |
|
Sec.1037.110.CONSTRUCTION CONTRACTS. A construction |
|
contract that involves the expenditure of more than $2,000 may be |
|
made only after advertising in the manner provided by Chapter 252 |
|
and Subchapter C, Chapter 262, Local Government Code. (Acts 63rd |
|
Leg., R.S., Ch. 561, Sec. 11 (part).) |
|
Sec.1037.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 63rd Leg., R.S., Ch. 561, Sec. 10(b) |
|
(part).) |
|
Sec. 1037.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries for the care |
|
and treatment of a sick or injured person of that county or |
|
municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for the treatment of a sick or injured person. (Acts 63rd |
|
Leg., R.S., Ch. 561, Sec. 5 (part).) |
|
Sec. 1037.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district |
|
to provide investigatory or other services for the medical, |
|
hospital, or welfare needs of district inhabitants. (Acts 63rd |
|
Leg., R.S., Ch. 561, Sec. 5 (part).) |
|
Sec.1037.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment in the hospital, the amount of the costs that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(f) The final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 63rd Leg., R.S., Ch. 561, Sec. 18.) |
|
Sec.1037.115.AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 63rd Leg., R.S., Ch. |
|
561, Sec. 5 (part).) |
|
[Sections 1037.116-1037.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1037.151.BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand in each district fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the proposed budget; |
|
(7) the estimated tax rate required; and |
|
(8) the proposed expenditures and disbursements and |
|
the estimated receipts and collections for the following fiscal |
|
year. (Acts 63rd Leg., R.S., Ch. 561, Sec. 6(a) (part).) |
|
Sec.1037.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) At least 10 days before the date of the hearing, notice |
|
of the hearing shall be published one time in a newspaper or |
|
newspapers that individually or collectively have general |
|
circulation in the district. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing in accordance with the rules of decorum |
|
and procedures prescribed by the board. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a final budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the taxpayers |
|
and that the law warrants. (Acts 63rd Leg., R.S., Ch. 561, Secs. |
|
6(a) (part), (b) (part).) |
|
Sec.1037.153.AMENDMENTS TO BUDGET. The annual budget may |
|
be amended as required by circumstances. The board must approve all |
|
amendments. (Acts 63rd Leg., R.S., Ch. 561, Sec. 6(b) (part).) |
|
Sec.1037.154.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed more than once in a |
|
24-month period. (Acts 63rd Leg., R.S., Ch. 561, Sec. 6(a) (part).) |
|
Sec.1037.155.AUDIT. (a) The board shall have an |
|
independent audit made of the district's financial condition for |
|
the fiscal year. |
|
(b) As soon as the audit is completed, the audit shall be |
|
filed at the district's principal office. (Acts 63rd Leg., R.S., |
|
Ch. 561, Sec. 6(a) (part).) |
|
Sec.1037.156.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
The audit and other district records shall be open to inspection at |
|
the district's principal office. (Acts 63rd Leg., R.S., Ch. 561, |
|
Sec. 6(a) (part).) |
|
Sec.1037.157.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 63rd Leg., R.S., Ch. 561, Sec. 6(b) (part).) |
|
Sec.1037.158.DEPOSITORY. (a) The board shall select one |
|
or more banks inside or outside the district to serve as a |
|
depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1037.159(b), and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to place a part of district money on time |
|
deposit or to purchase certificates of deposit. (Acts 63rd Leg., |
|
R.S., Ch. 561, Sec. 12.) |
|
Sec.1037.159.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Section 1037.107(c) and by |
|
Subchapter E, the board may not incur an obligation payable from |
|
district revenue other than the revenue on hand or to be on hand in |
|
the current and following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 63rd Leg., R.S., Ch. 561, Secs. 5 |
|
(part), 11 (part).) |
|
[Sections 1037.160-1037.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1037.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 63rd Leg., R.S., Ch. 561, Sec. 7 (part).) |
|
Sec.1037.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued under Section |
|
1037.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
tax rate approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 63rd Leg., R.S., Ch. 561, Sec. 7 |
|
(part).) |
|
Sec.1037.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The order calling the election shall provide for clerks |
|
as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum maturity of the bonds; and |
|
(6) the maximum interest rate of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. (Acts 63rd Leg., R.S., Ch. 561, |
|
Sec. 7 (part).) |
|
Sec.1037.204.REVENUE BONDS. (a) The board may, without |
|
an election, issue revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
63rd Leg., R.S., Ch. 561, Secs. 7 (part), 8(b) (part).) |
|
Sec.1037.205.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding |
|
indebtedness issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 63rd |
|
Leg., R.S., Ch. 561, Secs. 7 (part), 8(a) (part), (b) (part).) |
|
Sec.1037.206.MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after the date of issuance. (Acts |
|
63rd Leg., R.S., Ch. 561, Sec. 9 (part).) |
|
Sec.1037.207.EXECUTION OF BONDS. (a) The board president |
|
shall execute the district's bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 63rd Leg., |
|
R.S., Ch. 561, Sec. 9 (part).) |
|
Sec.1037.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 63rd |
|
Leg., R.S., Ch. 561, Sec. 22 (part).) |
|
[Sections 1037.209-1037.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1037.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds and other obligations issued or assumed by the district for |
|
hospital purposes; |
|
(2) provide for the operation and maintenance of the |
|
district and hospital system, based on the final budget; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 63rd Leg., R.S., Ch. 561, |
|
Secs. 3 (part), 13 (part).) |
|
Sec.1037.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 63rd |
|
Leg., R.S., Ch. 561, Secs. 3 (part), 13 (part).) |
|
Sec.1037.253.TAX ASSESSOR-COLLECTOR. (a) The board |
|
shall appoint a tax assessor-collector to assess and collect taxes |
|
imposed by the district. |
|
(b) The district tax assessor-collector must reside in the |
|
district. |
|
(c) The board shall set for the district tax |
|
assessor-collector: |
|
(1) the term of employment; and |
|
(2) compensation. (Acts 63rd Leg., R.S., Ch. 561, |
|
Sec. 16 (part).) |
|
CHAPTER 1038. HARDEMAN COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1038.001. DEFINITIONS |
|
Sec. 1038.002. AUTHORITY FOR OPERATION |
|
Sec. 1038.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1038.004. DISTRICT TERRITORY |
|
Sec. 1038.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1038.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
Sec. 1038.007. ELECTION DATE |
|
[Sections 1038.008-1038.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1038.051. BOARD ELECTION; TERM |
|
Sec. 1038.052. NOTICE OF ELECTION |
|
Sec. 1038.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1038.054. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION OF OFFICE |
|
Sec. 1038.055. BOARD VACANCY |
|
Sec. 1038.056. OFFICERS |
|
Sec. 1038.057. COMPENSATION; EXPENSES |
|
Sec. 1038.058. VOTING REQUIREMENT |
|
Sec. 1038.059. DISTRICT ADMINISTRATOR |
|
Sec. 1038.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1038.061. ATTORNEY; ASSISTANT DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1038.062. APPOINTMENT AND RECRUITMENT OF STAFF |
|
AND EMPLOYEES |
|
Sec. 1038.063. PERSONNEL CONTRACTS |
|
Sec. 1038.064. RETIREMENT BENEFITS |
|
[Sections 1038.065-1038.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1038.101. DISTRICT RESPONSIBILITY |
|
Sec. 1038.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1038.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1038.104. HOSPITAL SYSTEM |
|
Sec. 1038.105. RULES |
|
Sec. 1038.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1038.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1038.108. EMINENT DOMAIN |
|
Sec. 1038.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1038.110. GIFTS AND ENDOWMENTS |
|
Sec. 1038.111. CONSTRUCTION CONTRACTS |
|
Sec. 1038.112. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1038.113. INTERLOCAL AGREEMENT |
|
Sec. 1038.114. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1038.115. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1038.116. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1038.117. NONPROFIT CORPORATION |
|
Sec. 1038.118. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1038.119-1038.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1038.151. BUDGET |
|
Sec. 1038.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1038.153. AMENDMENTS TO BUDGET |
|
Sec. 1038.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1038.155. FISCAL YEAR |
|
Sec. 1038.156. ANNUAL AUDIT |
|
Sec. 1038.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1038.158. FINANCIAL REPORT |
|
Sec. 1038.159. DEPOSITORY |
|
Sec. 1038.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
Sec. 1038.161. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1038.162-1038.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1038.201. GENERAL OBLIGATION BONDS |
|
Sec. 1038.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1038.203. BOND ELECTION |
|
Sec. 1038.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1038.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1038.206. REVENUE BONDS |
|
Sec. 1038.207. REFUNDING BONDS |
|
Sec. 1038.208. ADDITIONAL MEANS OF SECURING REPAYMENT |
|
OF BONDS |
|
Sec. 1038.209. USE OF BOND PROCEEDS |
|
Sec. 1038.210. BONDS EXEMPT FROM TAXATION |
|
[Sections 1038.211-1038.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1038.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1038.252. TAX RATE |
|
Sec. 1038.253. TAX ASSESSOR-COLLECTOR |
|
[Sections 1038.254-1038.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1038.301. DISSOLUTION; ELECTION |
|
Sec. 1038.302. NOTICE OF ELECTION |
|
Sec. 1038.303. BALLOT |
|
Sec. 1038.304. ELECTION RESULTS |
|
Sec. 1038.305. TRANSFER OR ADMINISTRATION OF ASSETS |
|
Sec. 1038.306. SALE OR TRANSFER OF ASSETS AND |
|
LIABILITIES |
|
Sec. 1038.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES |
|
Sec. 1038.308. REPORT; DISSOLUTION ORDER |
|
CHAPTER 1038. HARDEMAN COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1038.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Hardeman County Hospital |
|
District. (New.) |
|
Sec.1038.002.AUTHORITY FOR OPERATION. The district |
|
operates and is administered and financed in accordance with |
|
Section 9, Article IX, Texas Constitution, and has the rights, |
|
powers, and duties provided by this chapter. (Acts 66th Leg., R.S., |
|
Ch. 214, Sec. 1 (part).) |
|
Sec.1038.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 66th Leg., R.S., Ch. 214, Sec. 20 (part).) |
|
Sec.1038.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of County |
|
Commissioners Precincts Nos. 1, 2, and 4 of Hardeman County, Texas, |
|
as those boundaries existed on May 17, 1979. (Acts 66th Leg., R.S., |
|
Ch. 214, Sec. 1 (part).) |
|
Sec. 1038.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 66th |
|
Leg., R.S., Ch. 214, Sec. 19 (part).) |
|
Sec.1038.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 66th Leg., R.S., Ch. 214, Sec. 19 (part).) |
|
Sec.1038.007.ELECTION DATE. Except as provided by |
|
Section 1038.051, Section 41.001(a), Election Code, does not apply |
|
to an election held under this chapter. (Acts 66th Leg., R.S., Ch. |
|
214, Secs. 3(a) (part), 6(a) (part), 21A(c) (part).) |
|
[Sections 1038.008-1038.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1038.051.BOARD ELECTION; TERM. (a) The board |
|
consists of seven directors elected from the district at large. |
|
(b) The board shall declare the results of the election. |
|
(c) Directors serve staggered two-year terms unless |
|
four-year terms are established under Section 285.081, Health and |
|
Safety Code. |
|
(d) Section 41.001, Election Code, applies to an election |
|
held under this section. (Acts 66th Leg., R.S., Ch. 214, Secs. 3(d) |
|
(part), (f) (part).) |
|
Sec.1038.052.NOTICE OF ELECTION. At least 30 days before |
|
the date of an election of directors, the board shall publish notice |
|
of the election one time in a newspaper or newspapers that |
|
individually or collectively have general circulation in the |
|
district. (Acts 66th Leg., R.S., Ch. 214, Sec. 3(f) (part).) |
|
Sec.1038.053.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; |
|
(2) the attorney for the district; or |
|
(3) a district employee. (Acts 66th Leg., R.S., Ch. |
|
214, Sec. 3(h).) |
|
Sec. 1038.054. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
OF OFFICE. (a) Each director may be required to execute a good and |
|
sufficient bond for $5,000 that is: |
|
(1) approved by the Commissioners Court of Hardeman |
|
County; |
|
(2) payable to the district; and |
|
(3) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district may provide for a director's bond with |
|
district money. |
|
(c) Each director's bond and constitutional oath or |
|
affirmation of office shall be kept in the district's permanent |
|
records. (Acts 66th Leg., R.S., Ch. 214, Secs. 3(a) (part), (g).) |
|
Sec.1038.055.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 66th Leg., R.S., Ch. 214, |
|
Sec. 3(f) (part).) |
|
Sec.1038.056.OFFICERS. (a) The board shall elect: |
|
(1) a president and a vice president from among its |
|
members; and |
|
(2) a secretary, who need not be a director. |
|
(b) Each officer of the board serves for a term of one year. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 66th Leg., R.S., Ch. 214, Sec. 3(i) (part).) |
|
Sec.1038.057.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 66th Leg., R.S., Ch. |
|
214, Sec. 3(i) (part).) |
|
Sec.1038.058.VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 66th Leg., R.S., Ch. 214, Sec. 3(i) (part).) |
|
Sec.1038.059.DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to the compensation determined by the board. |
|
(c) On assuming the duties of district administrator, the |
|
administrator may execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(d) The board may pay for the bond with district money. |
|
(Acts 66th Leg., R.S., Ch. 214, Sec. 4(a) (part).) |
|
Sec.1038.060.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 66th |
|
Leg., R.S., Ch. 214, Sec. 4(a) (part).) |
|
Sec.1038.061.ATTORNEY; ASSISTANT DISTRICT ADMINISTRATOR. |
|
(a) The board may appoint qualified persons as: |
|
(1) the attorney for the district; and |
|
(2) the assistant district administrator. |
|
(b) The attorney for the district and the assistant district |
|
administrator serve at the will of the board and are entitled to the |
|
compensation determined by the board. (Acts 66th Leg., R.S., Ch. |
|
214, Sec. 4(a) (part).) |
|
Sec. 1038.062. APPOINTMENT AND RECRUITMENT OF STAFF AND |
|
EMPLOYEES. (a) The board may appoint to the staff any doctors the |
|
board considers necessary for the efficient operation of the |
|
district and may make temporary appointments as necessary. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ district employees, including technicians and |
|
nurses. |
|
(d) The board may spend district money to recruit |
|
physicians, nurses, and other trained medical personnel. The board |
|
may pay the tuition or other expenses of a full-time medical student |
|
or other student in a health occupation who: |
|
(1) is enrolled in and is in good standing at an |
|
accredited medical school, college, or university; and |
|
(2) contractually agrees to become a district employee |
|
or independent contractor in return for that assistance. (Acts |
|
66th Leg., R.S., Ch. 214, Secs. 4(a) (part), (h), 15.) |
|
Sec.1038.063.PERSONNEL CONTRACTS. (a) The board may |
|
contract to provide administrative or other personnel for the |
|
operation of the hospital facilities. |
|
(b) The term of the contract may not exceed 25 years. (Acts |
|
66th Leg., R.S., Ch. 214, Sec. 4(e).) |
|
Sec.1038.064.RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 66th Leg., R.S., Ch. |
|
214, Sec. 4(g).) |
|
[Sections 1038.065-1038.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1038.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating all hospital facilities; and |
|
(2) providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 66th Leg., R.S., Ch. 214, Sec. |
|
18 (part).) |
|
Sec. 1038.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located wholly or partly |
|
within the district may not impose a tax or issue bonds or other |
|
obligations for hospital purposes or to provide medical care for |
|
district residents. (Acts 66th Leg., R.S., Ch. 214, Sec. 18 |
|
(part).) |
|
Sec.1038.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 66th Leg., R.S., Ch. |
|
214, Sec. 4(a) (part).) |
|
Sec.1038.104.HOSPITAL SYSTEM. (a) The district shall |
|
provide for the establishment of a hospital system by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and equipment; |
|
(2) equipping the buildings; and |
|
(3) administering the system for hospital purposes. |
|
(b) The hospital system may include any facilities the board |
|
considers necessary for hospital care. (Acts 66th Leg., R.S., Ch. |
|
214, Secs. 2 (part), 9(a) (part).) |
|
Sec.1038.105.RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 66th Leg., R.S., Ch. 214, |
|
Sec. 4(a) (part).) |
|
Sec.1038.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 66th |
|
Leg., R.S., Ch. 214, Sec. 9(b) (part).) |
|
Sec. 1038.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system. |
|
(b) The board may: |
|
(1) purchase or lease property, including facilities |
|
or equipment, for the district to use in the hospital system; and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(c) The board may lease district hospital facilities to |
|
individuals, corporations, or other legal entities. |
|
(d) The board may sell or otherwise dispose of the |
|
district's property. (Acts 66th Leg., R.S., Ch. 214, Secs. 4(b), |
|
(f), 9(a) (part), (b) (part).) |
|
Sec.1038.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary or convenient for the |
|
district to exercise a power, right, or privilege conferred by this |
|
chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021, Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 66th Leg., R.S., Ch. 214, Sec. |
|
13(a).) |
|
Sec.1038.109.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of any railroad, electric transmission, |
|
telegraph or telephone line, conduit, pole, or facility, or |
|
pipeline, the district must bear the actual cost of relocating, |
|
raising, lowering, rerouting, changing the grade, or altering the |
|
construction to provide comparable replacement without enhancement |
|
of facilities, after deducting the net salvage value derived from |
|
the old facility. (Acts 66th Leg., R.S., Ch. 214, Sec. 13(b).) |
|
Sec.1038.110.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for the |
|
purposes and under the directions, limitations, or other provisions |
|
prescribed in writing by the donor that are consistent with the |
|
proper management and objectives of the district. (Acts 66th Leg., |
|
R.S., Ch. 214, Sec. 17.) |
|
Sec.1038.111.CONSTRUCTION CONTRACTS. A construction |
|
contract that requires the expenditure of more than the amount |
|
provided by Section 271.024, Local Government Code, may be made |
|
only after competitive bidding as provided by Subchapter B, Chapter |
|
271, Local Government Code. (Acts 66th Leg., R.S., Ch. 214, Sec. |
|
9(b) (part).) |
|
Sec.1038.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 66th Leg., R.S., Ch. 214, Sec. 9(a) |
|
(part).) |
|
Sec.1038.113.INTERLOCAL AGREEMENT. The board may enter |
|
into an interlocal agreement with another political subdivision to |
|
operate the district. (Acts 66th Leg., R.S., Ch. 214, Sec. 4(d).) |
|
Sec. 1038.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries to |
|
reimburse the district for the care and treatment of a sick or |
|
injured person of that county or municipality. |
|
(b) The district may contract with this state or a federal |
|
agency for reimbursement for the treatment of a sick or injured |
|
person. (Acts 66th Leg., R.S., Ch. 214, Sec. 4(c) (part).) |
|
Sec. 1038.115. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency as to the district to |
|
provide investigatory or other services as to facilities for the |
|
medical care, hospital, or welfare needs of district inhabitants. |
|
(Acts 66th Leg., R.S., Ch. 214, Sec. 4(c) (part).) |
|
Sec.1038.116.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment in the hospital, the amount of the costs that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue a final order. |
|
(f) A final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 66th Leg., R.S., Ch. 214, Sec. 16.) |
|
Sec.1038.117.NONPROFIT CORPORATION. (a) The district |
|
may create and sponsor a nonprofit corporation under the Business |
|
Organizations Code and may contribute money to or solicit money for |
|
the corporation. |
|
(a-1) On or before December 31, 2009, the district may |
|
create and sponsor a nonprofit corporation under the Texas |
|
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's |
|
Texas Civil Statutes) or the Business Organizations Code, as |
|
applicable, and may contribute money to or solicit money for the |
|
corporation. |
|
(b) The corporation may use district money only to provide |
|
health care or other services the district is authorized to provide |
|
under this chapter. |
|
(c) The corporation may invest the corporation's money in |
|
any manner in which the district may invest the district's money, |
|
including investing money as authorized by Chapter 2256, Government |
|
Code. |
|
(d) The board shall establish controls to ensure that the |
|
corporation uses its money as required by this section. |
|
(e) This subsection and Subsection (a-1) expire December |
|
31, 2009. (Acts 66th Leg., R.S., Ch. 214, Sec. 4(j).) |
|
Sec.1038.118.AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 66th Leg., R.S., Ch. |
|
214, Sec. 4(a) (part).) |
|
[Sections 1038.119-1038.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1038.151.BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand in each district fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 66th Leg., |
|
R.S., Ch. 214, Sec. 5 (part).) |
|
Sec.1038.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) The board shall publish notice of the hearing in |
|
accordance with Subchapter C, Chapter 551, Government Code. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the taxpayers |
|
and that the law warrants. (Acts 66th Leg., R.S., Ch. 214, Sec. 5 |
|
(part).) |
|
Sec.1038.153.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 66th Leg., R.S., Ch. 214, Sec. 5 (part).) |
|
Sec.1038.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 66th Leg., R.S., Ch. 214, Sec. 5 (part).) |
|
Sec.1038.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period that revenue bonds of the district |
|
are outstanding; or |
|
(2) more than once in a 24-month period. (Acts 66th |
|
Leg., R.S., Ch. 214, Sec. 5 (part).) |
|
Sec.1038.156.ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 66th |
|
Leg., R.S., Ch. 214, Sec. 5 (part).) |
|
Sec. 1038.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records shall be open |
|
to inspection at the district's principal office. (Acts 66th Leg., |
|
R.S., Ch. 214, Sec. 5 (part).) |
|
Sec.1038.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 66th Leg., R.S., Ch. 214, Sec. 5 (part).) |
|
Sec.1038.159.DEPOSITORY. (a) The board shall select one |
|
or more banks inside or outside the district to serve as a |
|
depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1038.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to place a part of district money on time |
|
deposit or to purchase certificates of deposit. |
|
(d) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or other security in an amount sufficient to secure from loss the |
|
district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 66th Leg., R.S., Ch. 214, |
|
Sec. 10.) |
|
Sec.1038.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by this chapter, the district may not |
|
incur an obligation payable from district revenue other than the |
|
revenue on hand or to be on hand in the current and following |
|
district fiscal years. |
|
(b) The board shall invest operating, depreciation, or |
|
building reserves in accordance with Chapter 2256, Government Code. |
|
(Acts 66th Leg., R.S., Ch. 214, Secs. 4(a) (part), 9(b) (part).) |
|
Sec.1038.161.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
The board may borrow money for district obligations at the time the |
|
loan is made. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) a district tax to be imposed by the district in the |
|
next 12-month period that is not pledged to pay the principal of or |
|
interest on district bonds; or |
|
(3) district bonds that have been authorized but not |
|
sold. |
|
(c) A loan for which taxes or bonds are pledged must mature |
|
not later than the first anniversary of the date the loan is made. A |
|
loan for which district revenue is pledged must mature not later |
|
than the fifth anniversary of the date the loan is made. (Acts 66th |
|
Leg., R.S., Ch. 214, Sec. 14A.) |
|
[Sections 1038.162-1038.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1038.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 66th Leg., R.S., Ch. 214, Sec. 6(a) (part).) |
|
Sec.1038.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1038.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 66th Leg., R.S., Ch. 214, Sec. 6(a) |
|
(part).) |
|
Sec.1038.203.BOND ELECTION. (a) The district may issue |
|
bonds, other than refunding bonds, wholly or partly secured by an ad |
|
valorem tax only if the bonds are authorized by a majority of the |
|
district voters voting at an election held in the district. |
|
(b) Except as otherwise provided by this chapter, the |
|
election shall be conducted in accordance with Chapter 1251, |
|
Government Code. (Acts 66th Leg., R.S., Ch. 214, Secs. 6(a) (part), |
|
8A (part).) |
|
Sec.1038.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 66th Leg., R.S., Ch. 214, |
|
Sec. 6(c) (part).) |
|
Sec.1038.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 66th Leg., |
|
R.S., Ch. 214, Sec. 6(c) (part).) |
|
Sec.1038.206.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, equip, or |
|
renovate buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
66th Leg., R.S., Ch. 214, Sec. 8 (part).) |
|
Sec.1038.207.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding |
|
indebtedness issued or assumed by the district. |
|
(b) Refunding bonds may be: |
|
(1) sold, with the proceeds of the refunding bonds |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. |
|
(c) A refunding bond must mature not later than the 40th |
|
anniversary of the date of issuance. (Acts 66th Leg., R.S., Ch. |
|
214, Secs. 6(a) (part), (b) (part), 8 (part), 14B(b) (part).) |
|
Sec. 1038.208. ADDITIONAL MEANS OF SECURING REPAYMENT OF |
|
BONDS. In addition to the authority to issue general obligation |
|
bonds and revenue bonds under this subchapter, the board may |
|
provide for the security and payment of district bonds from a pledge |
|
of a combination of ad valorem taxes as authorized by Section |
|
1038.202 and revenue and other sources as authorized by Section |
|
1038.206. (Acts 66th Leg., R.S., Ch. 214, Sec. 8A (part).) |
|
Sec.1038.209.USE OF BOND PROCEEDS. The district may use |
|
the proceeds of bonds issued under this subchapter to pay: |
|
(1) any expense the board determines is reasonable and |
|
necessary to issue, sell, and deliver the bonds; |
|
(2) interest payments on the bonds during a period of |
|
acquisition or construction of a project or facility to be provided |
|
through the bonds, not to exceed five years; |
|
(3) costs related to the operation and maintenance of |
|
a project or facility to be provided through the bonds: |
|
(A) during an estimated period of acquisition or |
|
construction, not to exceed five years; and |
|
(B) for one year after the project or facility is |
|
acquired or constructed; |
|
(4) costs related to the financing of the bond funds, |
|
including debt service reserve and contingency funds; |
|
(5) costs related to the bond issuance; |
|
(6) costs related to the acquisition of land or |
|
interests in land for a project or facility to be provided through |
|
the bonds; and |
|
(7) costs of construction of a project or facility to |
|
be provided through the bonds, including the payment of related |
|
professional services and expenses. (Acts 66th Leg., R.S., Ch. |
|
214, Sec. 8B.) |
|
Sec.1038.210.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 66th |
|
Leg., R.S., Ch. 214, Sec. 20 (part).) |
|
[Sections 1038.211-1038.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1038.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all property in the district subject to district |
|
taxation. |
|
(b) The tax may be used to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The board may not impose a tax to pay the principal of or |
|
interest on revenue bonds issued under this chapter. (Acts 66th |
|
Leg., R.S., Ch. 214, Secs. 11(a) (part), 14(a) (part), (c), (d).) |
|
Sec.1038.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters at the |
|
election authorizing the imposition of the tax. |
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
each $100 valuation of all taxable property in the district. |
|
(c) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 66th |
|
Leg., R.S., Ch. 214, Secs. 11(a) (part), (b) (part), 14(b).) |
|
Sec.1038.253.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 66th Leg., R.S., Ch. 214, Sec. |
|
14(f).) |
|
[Sections 1038.254-1038.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec.1038.301.DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved only on approval of a majority of the district |
|
voters voting in an election 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. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by a number of |
|
district residents equal to at least 15 percent of the registered |
|
voters in the district. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition 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. (Acts 66th |
|
Leg., R.S., Ch. 214, Secs. 21A(a), (b), (c) (part).) |
|
Sec.1038.302.NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks the election order in a newspaper |
|
with general circulation in the district. |
|
(b) The first publication of the notice must appear not |
|
later than the 35th day before the date set for the election. (Acts |
|
66th Leg., R.S., Ch. 214, Sec. 21A(d) (part).) |
|
Sec.1038.303.BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Hardeman County Hospital |
|
District." (Acts 66th Leg., R.S., Ch. 214, Sec. 21A(d) (part).) |
|
Sec.1038.304.ELECTION RESULTS. (a) If a majority of the |
|
votes in an election under this subchapter favor dissolution, the |
|
board shall find that the district is dissolved. |
|
(b) 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 date of the most recent election |
|
to dissolve the district. (Acts 66th Leg., R.S., Ch. 214, Sec. |
|
21A(e).) |
|
Sec.1038.305.TRANSFER OR ADMINISTRATION OF ASSETS. (a) |
|
If a majority of the votes in the election held under this |
|
subchapter favor dissolution, the board shall: |
|
(1) transfer the land, buildings, improvements, |
|
equipment, and other assets that belong to the district to Hardeman |
|
County or another governmental agency in Hardeman County; or |
|
(2) 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 board makes the transfer under Subsection (a)(1), |
|
the county or agency assumes all debts and obligations of the |
|
district at the time of the transfer and the district is dissolved. |
|
(Acts 66th Leg., R.S., Ch. 214, Secs. 21A(f), (g).) |
|
Sec.1038.306.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
(a) The district may not be dissolved unless the board provides for |
|
the sale or transfer of the district's assets and liabilities to |
|
another person. |
|
(b) The dissolution of the district and the sale or transfer |
|
of the district's assets or liabilities may not contravene a trust |
|
indenture or bond resolution relating to the district's outstanding |
|
bonds. The dissolution and sale or transfer does not diminish or |
|
impair the rights of a holder of an outstanding bond, warrant, or |
|
other obligation of the district. |
|
(c) The 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 district |
|
residents, including the residents' collective property rights in |
|
the district's assets. |
|
(d) The district may not transfer or dispose of the |
|
district's assets except for due compensation unless: |
|
(1) the transfer is made to another governmental |
|
agency that serves the district; and |
|
(2) the transferred assets are to be used for the |
|
benefit of the district's residents. |
|
(e) A grant from federal funds is an obligation to be repaid |
|
in satisfaction. (Acts 66th Leg., R.S., Ch. 214, Secs. 21A(m), |
|
(n).) |
|
Sec. 1038.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES. (a) After the board finds that the district is dissolved, |
|
the board shall: |
|
(1) determine the 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. |
|
(b) On the payment of all outstanding debts and obligations |
|
of the district, the board shall order the secretary to return to |
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
tax money. |
|
(c) 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. (Acts |
|
66th Leg., R.S., Ch. 214, Secs. 21A(h), (i), (j).) |
|
Sec.1038.308.REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all district debts and has disposed of all |
|
district money and other assets as prescribed by this subchapter, |
|
the board shall file a written report with the Commissioners Court |
|
of Hardeman County summarizing the board's actions in dissolving |
|
the district. |
|
(b) Not later than the 10th day after the date the |
|
Commissioners Court of Hardeman County receives the report and |
|
determines that the requirements of this subchapter have been |
|
fulfilled, the commissioners court shall enter an order dissolving |
|
the district and releasing the board from any further duty or |
|
obligation. (Acts 66th Leg., R.S., Ch. 214, Secs. 21A(k), (l).) |
|
CHAPTER 1039. HEMPHILL COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1039.001. DEFINITIONS |
|
Sec. 1039.002. AUTHORITY FOR OPERATION |
|
Sec. 1039.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1039.004. DISTRICT TERRITORY |
|
Sec. 1039.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1039.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1039.007-1039.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1039.051. BOARD ELECTION; TERM |
|
Sec. 1039.052. ALTERNATIVE DIRECTOR ELECTION |
|
Sec. 1039.053. NOTICE OF ELECTION |
|
Sec. 1039.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1039.055. BOARD VACANCY |
|
Sec. 1039.056. OFFICERS |
|
Sec. 1039.057. COMPENSATION; EXPENSES |
|
Sec. 1039.058. VOTING REQUIREMENT |
|
Sec. 1039.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1039.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1039.061. EMERGENCY ACTION |
|
Sec. 1039.062. EMPLOYEES; APPOINTMENT OF STAFF |
|
[Sections 1039.063-1039.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1039.101. DISTRICT RESPONSIBILITY |
|
Sec. 1039.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1039.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1039.104. HOSPITAL SYSTEM |
|
Sec. 1039.105. RULES |
|
Sec. 1039.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1039.107. DISTRICT PROPERTY, FACILITIES, |
|
EQUIPMENT, AND SERVICES |
|
Sec. 1039.108. EMINENT DOMAIN |
|
Sec. 1039.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1039.110. GIFTS AND ENDOWMENTS |
|
Sec. 1039.111. CONSTRUCTION CONTRACTS |
|
Sec. 1039.112. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1039.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR TREATMENT |
|
Sec. 1039.114. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1039.115. JOINT OWNERSHIP ARRANGEMENT |
|
Sec. 1039.116. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1039.117. AUTHORITY TO SUE AND BE SUED |
|
Sec. 1039.118. ELECTION DATE |
|
[Sections 1039.119-1039.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1039.151. BUDGET |
|
Sec. 1039.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1039.153. AMENDMENTS TO BUDGET |
|
Sec. 1039.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1039.155. FISCAL YEAR |
|
Sec. 1039.156. ANNUAL AUDIT |
|
Sec. 1039.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1039.158. DEPOSITORY |
|
Sec. 1039.159. SPENDING AND INVESTMENT RESTRICTIONS |
|
Sec. 1039.160. TAX EXEMPTION |
|
[Sections 1039.161-1039.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1039.201. GENERAL OBLIGATION BONDS |
|
Sec. 1039.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1039.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1039.204. REVENUE BONDS |
|
Sec. 1039.205. REFUNDING BONDS |
|
Sec. 1039.206. MATURITY OF BONDS |
|
Sec. 1039.207. EXECUTION OF BONDS |
|
Sec. 1039.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1039.209-1039.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1039.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1039.252. TAX RATE |
|
Sec. 1039.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1039. HEMPHILL COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1039.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Hemphill County Hospital |
|
District. (New.) |
|
Sec.1039.002.AUTHORITY FOR OPERATION. The district |
|
operates and is administered and financed in accordance with |
|
Section 9, Article IX, Texas Constitution, and has the rights, |
|
powers, and duties provided by this chapter. (Acts 66th Leg., R.S., |
|
Ch. 424, Sec. 1 (part).) |
|
Sec.1039.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 66th Leg., R.S., Ch. 424, Sec. 22 (part).) |
|
Sec.1039.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Hemphill County, |
|
Texas. (Acts 66th Leg., R.S., Ch. 424, Sec. 1 (part).) |
|
Sec. 1039.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 66th |
|
Leg., R.S., Ch. 424, Sec. 21 (part).) |
|
Sec.1039.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 66th Leg., R.S., Ch. 424, Sec. 21 (part).) |
|
[Sections 1039.007-1039.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1039.051.BOARD ELECTION; TERM. (a) Except as |
|
provided by Section 1039.052, the board consists of five directors |
|
elected from the district at large. |
|
(b) Directors serve staggered two-year terms unless |
|
four-year terms are established under Section 285.081, Health and |
|
Safety Code. (Acts 66th Leg., R.S., Ch. 424, Sec. 4(c) (part).) |
|
Sec.1039.052.ALTERNATIVE DIRECTOR ELECTION. (a) As an |
|
alternative to electing directors at large, the board may: |
|
(1) provide for all or some directors to be elected |
|
from single-member districts; and |
|
(2) devise and implement for the directors' election a |
|
plan of apportionment as determined to be in the best interest of |
|
the district and district inhabitants. |
|
(b) Before implementing the apportionment plan, the plan |
|
must be approved by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(c) The election must be held in the same manner as an |
|
election required for the issuance of bonds. (Acts 66th Leg., R.S., |
|
Ch. 424, Sec. 3(f).) |
|
Sec.1039.053.NOTICE OF ELECTION. At least 30 days before |
|
the date of an election of directors, notice of the election shall |
|
be published one time in a newspaper or newspapers that |
|
individually or collectively have general circulation in the |
|
district. (Acts 66th Leg., R.S., Ch. 424, Sec. 4(c) (part).) |
|
Sec.1039.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; or |
|
(2) a district employee. (Acts 66th Leg., R.S., Ch. |
|
424, Sec. 4(d).) |
|
Sec.1039.055.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 66th Leg., R.S., Ch. 424, |
|
Sec. 4(c) (part).) |
|
Sec.1039.056.OFFICERS. (a) The board shall elect: |
|
(1) a president and a vice president from among its |
|
members; and |
|
(2) a secretary, who need not be a director. |
|
(b) Each officer of the board serves for a term of one year. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 66th Leg., R.S., Ch. 424, Sec. 4(e) (part).) |
|
Sec.1039.057.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 66th Leg., R.S., Ch. |
|
424, Sec. 4(e) (part).) |
|
Sec.1039.058.VOTING REQUIREMENT. A concurrence of three |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 66th Leg., R.S., Ch. 424, Sec. 4(e) (part).) |
|
Sec. 1039.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board shall appoint a qualified person to |
|
serve as district administrator of the hospital system and |
|
ancillary health care system. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The district administrator and any assistant |
|
administrator serve at the will of the board and are entitled to the |
|
compensation determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 66th Leg., R.S., Ch. 424, Sec. 5(c) (part).) |
|
Sec.1039.060.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 66th |
|
Leg., R.S., Ch. 424, Sec. 5(c) (part).) |
|
Sec.1039.061.EMERGENCY ACTION. (a) In an emergency, the |
|
district administrator may take any lawful action necessary to |
|
preserve district assets or protect patient health and safety. |
|
(b) As soon as practicable after an emergency action is |
|
taken, the district administrator shall report the action to the |
|
board, and the board shall amend the annual budget to reflect any |
|
costs of the action. (Acts 66th Leg., R.S., Ch. 424, Sec. 6A.) |
|
Sec.1039.062.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the hospital system and |
|
the ancillary health care system and may make temporary |
|
appointments as necessary. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and additional attorneys the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to hire employees, including technicians and nurses, for |
|
the district, the hospital system, and the ancillary health care |
|
system. (Acts 66th Leg., R.S., Ch. 424, Secs. 5(d), (e), 17.) |
|
[Sections 1039.063-1039.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1039.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating all hospital facilities for |
|
providing medical and hospital care for the district's needy |
|
inhabitants. (Acts 66th Leg., R.S., Ch. 424, Sec. 20 (part).) |
|
Sec. 1039.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located wholly or |
|
partly within the district may not impose a tax or issue bonds or |
|
other obligations for hospital purposes or to provide medical care |
|
for district residents. (Acts 66th Leg., R.S., Ch. 424, Sec. 20 |
|
(part).) |
|
Sec.1039.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and ancillary health care system and the district's money and |
|
resources. (Acts 66th Leg., R.S., Ch. 424, Sec. 5(a) (part).) |
|
Sec.1039.104.HOSPITAL SYSTEM. (a) The district shall |
|
provide for the establishment of a hospital system by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and equipment; |
|
(2) equipping the buildings; and |
|
(3) administering the system for hospital purposes. |
|
(b) The hospital system and ancillary health care system may |
|
include equipment, facilities, and services the board considers |
|
necessary for hospital care and ancillary health care, including: |
|
(1) domiciliary care and treatment of sick or injured |
|
patients; |
|
(2) geriatric services; |
|
(3) outpatient clinics; |
|
(4) rural health clinics; |
|
(5) convalescent home facilities; |
|
(6) physician's offices; |
|
(7) home health services; |
|
(8) long-term care; |
|
(9) skilled nursing care; |
|
(10) intermediate nursing care; |
|
(11) assisted living facilities; |
|
(12) hospice care; |
|
(13) ambulatory surgery centers; |
|
(14) urgent care facilities; and |
|
(15) operation of a mobile emergency medical service. |
|
(Acts 66th Leg., R.S., Ch. 424, Secs. 2 (part), 11(a) (part).) |
|
Sec.1039.105.RULES. The board may adopt rules governing |
|
the operation of the district, the hospital system and ancillary |
|
health care system, and the district's staff and employees. (Acts |
|
66th Leg., R.S., Ch. 424, Sec. 5(b) (part).) |
|
Sec.1039.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) all accounting and control procedures. (Acts 66th |
|
Leg., R.S., Ch. 424, Sec. 11(d) (part).) |
|
Sec. 1039.107. DISTRICT PROPERTY, FACILITIES, EQUIPMENT, |
|
AND SERVICES. (a) The board shall determine the type, number, and |
|
location, either inside or outside the district, of facilities and |
|
services required to maintain an adequate hospital system and |
|
ancillary health care system. |
|
(b) The board may: |
|
(1) acquire by lease, purchase, or lease to purchase |
|
property, including facilities, supplies, and equipment, for the |
|
district for use in the hospital system and ancillary health care |
|
system; and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(c) The board may lease, sell, or otherwise dispose of all |
|
or part of the district's property of any nature, including the |
|
district's hospital, ancillary health care or other facilities, |
|
buildings, supplies, or equipment, to a public or private entity on |
|
terms the board finds are in the best interest of the district's |
|
inhabitants. (Acts 66th Leg., R.S., Ch. 424, Secs. 11(a) (part), |
|
(c), (e) (part).) |
|
Sec.1039.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary or convenient for the |
|
district to exercise a right, power, or privilege conferred by this |
|
chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 66th Leg., R.S., Ch. 424, Sec. |
|
15(a).) |
|
Sec.1039.109.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade, or |
|
altering the construction of any railroad, electric transmission, |
|
telegraph or telephone line, conduit, pole, or facility, or |
|
pipeline, the district must bear the actual cost of relocating, |
|
raising, lowering, rerouting, changing the grade, or altering the |
|
construction to provide comparable replacement without enhancement |
|
of facilities, after deducting the net salvage value derived from |
|
the old facility. (Acts 66th Leg., R.S., Ch. 424, Sec. 15(b).) |
|
Sec.1039.110.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 66th Leg., R.S., Ch. 424, |
|
Sec. 19.) |
|
Sec.1039.111.CONSTRUCTION CONTRACTS. A construction |
|
contract must be made in the manner provided by Subchapter B, |
|
Chapter 271, Local Government Code. (Acts 66th Leg., R.S., Ch. 424, |
|
Sec. 11(d) (part).) |
|
Sec.1039.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract with one or |
|
more public or private entities relating to a district facility or |
|
service. (Acts 66th Leg., R.S., Ch. 424, Sec. 11(b) (part).) |
|
Sec. 1039.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
TREATMENT. The board may contract with a county, a municipality, |
|
this state, or a federal agency for the treatment of a sick or |
|
injured person. (Acts 66th Leg., R.S., Ch. 424, Sec. 5(f) (part).) |
|
Sec. 1039.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district |
|
to provide investigatory or other services as to the medical, |
|
hospital, or welfare needs of district inhabitants. (Acts 66th |
|
Leg., R.S., Ch. 424, Sec. 5(f) (part).) |
|
Sec.1039.115.JOINT OWNERSHIP ARRANGEMENT. The board may |
|
enter into a joint ownership arrangement for the district with a |
|
public or private entity to provide management or operating |
|
services if the board determines that the joint ownership |
|
arrangement is in the district's best interest and does not violate |
|
Section 52, Article III, Texas Constitution. (Acts 66th Leg., |
|
R.S., Ch. 424, Sec. 11(b) (part).) |
|
Sec.1039.116.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment in the hospital, the amount of the costs that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue a final order. |
|
(f) A final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 66th Leg., R.S., Ch. 424, Secs. 18(b), (c), (d), (e), |
|
(f).) |
|
Sec.1039.117.AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 66th Leg., R.S., Ch. |
|
424, Sec. 5(b) (part).) |
|
Sec.1039.118.ELECTION DATE. Notwithstanding Section |
|
41.001(a), Election Code, the board may choose the date for an |
|
election held under this chapter. (Acts 66th Leg., R.S., Ch. 424, |
|
Sec. 3(e).) |
|
[Sections 1039.119-1039.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1039.151.BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The budget must contain a complete financial statement |
|
of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand in each district fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 66th Leg., |
|
R.S., Ch. 424, Secs. 6(c), (d).) |
|
Sec.1039.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) Notice of the hearing must be published one time in a |
|
newspaper of general circulation in the district at least 10 days |
|
before the date of the hearing. |
|
(c) Any district resident may be present and participate at |
|
the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the taxpayers |
|
and that the law warrants. (Acts 66th Leg., R.S., Ch. 424, Secs. |
|
6(e), (f) (part).) |
|
Sec.1039.153.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 66th Leg., R.S., Ch. 424, Sec. 6(f) (part).) |
|
Sec.1039.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 66th Leg., R.S., Ch. 424, Sec. 6(f) (part).) |
|
Sec.1039.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed more than once in a |
|
24-month period. (Acts 66th Leg., R.S., Ch. 424, Sec. 6(a).) |
|
Sec.1039.156.ANNUAL AUDIT. (a) As soon as practicable |
|
after the end of each district fiscal year, the board shall have an |
|
audit made of the district's finances that contains a detailed |
|
accounting of disbursements. |
|
(b) The board shall select a qualified independent |
|
accounting firm to perform the audit. (Acts 66th Leg., R.S., Ch. |
|
424, Sec. 6(b) (part).) |
|
Sec. 1039.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records shall be open |
|
to inspection at the district's principal office. (Acts 66th Leg., |
|
R.S., Ch. 424, Sec. 6(b) (part).) |
|
Sec.1039.158.DEPOSITORY. (a) The board shall select one |
|
or more banks inside or outside the district to serve as a |
|
depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1039.159(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to place a part of district money on time |
|
deposit or to purchase certificates of deposit of a state or |
|
national bank that is a member of the Federal Deposit Insurance |
|
Corporation. |
|
(d) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount insured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or provides other security in an amount sufficient to secure from |
|
loss the district money that exceeds the amount insured by the |
|
Federal Deposit Insurance Corporation. (Acts 66th Leg., R.S., Ch. |
|
424, Sec. 12.) |
|
Sec.1039.159.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Section 1039.107(c) and by |
|
Subchapter E, the district may not incur an obligation payable from |
|
district revenue other than the revenue on hand or to be on hand in |
|
the current and following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by |
|
Subchapter A, Chapter 2256, Government Code. (Acts 66th Leg., |
|
R.S., Ch. 424, Secs. 5(a) (part), 11(e) (part).) |
|
Sec.1039.160.TAX EXEMPTION. All property owned by the |
|
district is exempt from taxation by this state or a political |
|
subdivision of this state. (Acts 66th Leg., R.S., Ch. 424, Sec. 22 |
|
(part).) |
|
[Sections 1039.161-1039.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1039.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
and ancillary health care purposes. (Acts 66th Leg., R.S., Ch. 424, |
|
Sec. 7(a) (part).) |
|
Sec.1039.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1039.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of all taxable property in the |
|
district. (Acts 66th Leg., R.S., Ch. 424, Sec. 7(a) (part).) |
|
Sec.1039.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue bonds payable from taxes only if the bonds are |
|
authorized by a majority of the district voters. |
|
(b) The order calling the election shall provide for clerks |
|
as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(c) Notice of a bond election shall be given by publishing a |
|
copy of the election order in a newspaper of general circulation in |
|
the district once a week for two consecutive weeks. The first |
|
publication must appear at least 30 days before the date of the |
|
election. (Acts 66th Leg., R.S., Ch. 424, Sec. 7(a) (part).) |
|
Sec.1039.204.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital and ancillary |
|
health care purposes; or |
|
(2) acquire sites to be used for hospital and |
|
ancillary health care purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital, hospital system, or ancillary health care |
|
system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
66th Leg., R.S., Ch. 424, Sec. 8 (part).) |
|
Sec.1039.205.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds payable from taxes or revenue to |
|
refund outstanding indebtedness issued, incurred, or assumed by the |
|
district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bonds |
|
applied to the payment of the indebtedness to be refunded; or |
|
(2) exchanged wholly or partly for not less than the |
|
principal amount of outstanding indebtedness. (Acts 66th Leg., |
|
R.S., Ch. 424, Secs. 7(a) (part), 8 (part), 9 (part).) |
|
Sec.1039.206.MATURITY OF BONDS. District bonds payable |
|
from taxes or revenue must mature not later than 40 years after the |
|
date of issuance. (Acts 66th Leg., R.S., Ch. 424, Sec. 10 (part).) |
|
Sec.1039.207.EXECUTION OF BONDS. (a) The board president |
|
shall execute, in the district's name, district bonds payable from |
|
taxes or revenue. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 66th Leg., |
|
R.S., Ch. 424, Sec. 10 (part).) |
|
Sec.1039.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 66th |
|
Leg., R.S., Ch. 424, Sec. 22 (part).) |
|
[Sections 1039.209-1039.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1039.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall annually impose a tax on all property in the district subject |
|
to district taxation. |
|
(b) The board shall impose the tax to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 66th |
|
Leg., R.S., Ch. 424, Secs. 13(a) (part), 16(a) (part).) |
|
Sec.1039.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 66th |
|
Leg., R.S., Ch. 424, Secs. 3(b) (part), 13(a) (part), (b) (part).) |
|
Sec.1039.253.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 66th Leg., R.S., Ch. 424, Sec. |
|
16(c).) |
|
CHAPTER 1040. HASKELL COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1040.001. DEFINITIONS |
|
Sec. 1040.002. AUTHORITY FOR OPERATION |
|
Sec. 1040.003. POLITICAL SUBDIVISION |
|
Sec. 1040.004. DISTRICT TERRITORY |
|
Sec. 1040.005. CORRECTION OF INVALID PROCEDURES |
|
[Sections 1040.006-1040.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1040.051. BOARD; TERM |
|
Sec. 1040.052. QUALIFICATIONS FOR OFFICE |
|
Sec. 1040.053. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION OF OFFICE |
|
Sec. 1040.054. OFFICERS |
|
Sec. 1040.055. COMPENSATION; EXPENSES |
|
Sec. 1040.056. VOTING REQUIREMENT |
|
Sec. 1040.057. EMPLOYEES |
|
Sec. 1040.058. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1040.059. SEAL |
|
[Sections 1040.060-1040.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1040.101. DISTRICT RESPONSIBILITY |
|
Sec. 1040.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION |
|
Sec. 1040.103. MANAGEMENT AND CONTROL |
|
Sec. 1040.104. RULES |
|
Sec. 1040.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1040.106. EMINENT DOMAIN |
|
Sec. 1040.107. GIFTS AND ENDOWMENTS |
|
Sec. 1040.108. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1040.109. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1040.110-1040.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1040.151. BUDGET |
|
Sec. 1040.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1040.153. FISCAL YEAR |
|
Sec. 1040.154. ANNUAL AUDIT |
|
Sec. 1040.155. DEPOSITORY OR TREASURER |
|
[Sections 1040.156-1040.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1040.201. GENERAL OBLIGATION BONDS |
|
Sec. 1040.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1040.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1040.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1040.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1040.206. REFUNDING BONDS |
|
[Sections 1040.207-1040.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1040.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1040.252. TAX RATE |
|
Sec. 1040.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1040. HASKELL COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1040.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Haskell County Hospital |
|
District. (New.) |
|
Sec.1040.002.AUTHORITY FOR OPERATION. The district |
|
operates in accordance with and has the powers and responsibilities |
|
provided by Section 9, Article IX, Texas Constitution. (Acts 60th |
|
Leg., R.S., Ch. 528, Sec. 1 (part).) |
|
Sec.1040.003.POLITICAL SUBDIVISION. The district is a |
|
political subdivision of this state. (Acts 60th Leg., R.S., Ch. |
|
528, Sec. 18 (part).) |
|
Sec.1040.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Haskell County, |
|
except the district does not include any territory located in the |
|
Stamford Hospital District as the Stamford Hospital District |
|
existed on June 14, 1967. (Acts 60th Leg., R.S., Ch. 528, Sec. 1 |
|
(part).) |
|
Sec.1040.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 60th Leg., R.S., Ch. 528, Sec. 19 (part).) |
|
[Sections 1040.006-1040.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1040.051.BOARD; TERM. (a) The board consists of six |
|
directors appointed by the Commissioners Court of Haskell County. |
|
(b) Directors serve staggered two-year terms, with three |
|
directors appointed each year. (Acts 60th Leg., R.S., Ch. 528, Sec. |
|
3 (part).) |
|
Sec.1040.052.QUALIFICATIONS FOR OFFICE. A person may not |
|
be appointed as a director unless the person: |
|
(1) is a district resident; and |
|
(2) owns land in the district subject to taxation. |
|
(Acts 60th Leg., R.S., Ch. 528, Sec. 3 (part).) |
|
Sec. 1040.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
bond for $1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) Each director's bond and constitutional oath or |
|
affirmation of office shall be deposited with the district's |
|
depository bank for safekeeping. (Acts 60th Leg., R.S., Ch. 528, |
|
Sec. 3 (part).) |
|
Sec.1040.054.OFFICERS. The board shall elect from among |
|
its members a president, a vice president, and a secretary. (Acts |
|
60th Leg., R.S., Ch. 528, Sec. 3 (part).) |
|
Sec.1040.055.COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in the performance of official duties on approval of the |
|
expenses by the entire board. (Acts 60th Leg., R.S., Ch. 528, Sec. |
|
4 (part).) |
|
Sec.1040.056.VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 60th Leg., R.S., Ch. 528, Sec. 3 (part).) |
|
Sec.1040.057.EMPLOYEES. The board may employ a general |
|
manager and other necessary professional and clerical personnel. |
|
(Acts 60th Leg., R.S., Ch. 528, Sec. 9 (part).) |
|
Sec.1040.058.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
Except as provided by Section 1040.053, all district records, |
|
including books, accounts, notices, minutes, and all other matters |
|
of the district and the operation of its facilities, shall be: |
|
(1) maintained at the district office; and |
|
(2) open to public inspection at the district office |
|
at all reasonable hours. (Acts 60th Leg., R.S., Ch. 528, Sec. 9 |
|
(part).) |
|
Sec.1040.059.SEAL. The board may adopt a seal for the |
|
district. (Acts 60th Leg., R.S., Ch. 528, Sec. 9 (part).) |
|
[Sections 1040.060-1040.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1040.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy and indigent residents. (Acts 60th Leg., R.S., |
|
Ch. 528, Secs. 2 (part), 14 (part).) |
|
Sec. 1040.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION. Haskell County or a municipality in Haskell County may |
|
not impose a tax for hospital purposes. (Acts 60th Leg., R.S., Ch. |
|
528, Sec. 14 (part).) |
|
Sec.1040.103.MANAGEMENT AND CONTROL. The management and |
|
control of the district is vested in the board. (Acts 60th Leg., |
|
R.S., Ch. 528, Sec. 4 (part).) |
|
Sec.1040.104.RULES. (a) The board may adopt rules |
|
governing the operation of the district, including district |
|
facilities. |
|
(b) On approval by the board, the rules may be published in |
|
booklet form at district expense and made available to any taxpayer |
|
on request. (Acts 60th Leg., R.S., Ch. 528, Sec. 9 (part).) |
|
Sec.1040.105.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
The board may prescribe the method and manner of making purchases |
|
and expenditures by and for the district. |
|
(b) The board shall prescribe: |
|
(1) all accounting and control procedures; and |
|
(2) the method of purchasing necessary supplies, |
|
materials, and equipment. (Acts 60th Leg., R.S., Ch. 528, Sec. 9 |
|
(part).) |
|
Sec.1040.106.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property, real, personal, or mixed, |
|
located in district territory, if the interest is necessary or |
|
convenient for the district to exercise a right, power, privilege, |
|
or function conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide bond or other security |
|
for costs in the trial court; |
|
(2) provide bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 60th Leg., R.S., Ch. 528, Sec. |
|
11.) |
|
Sec.1040.107.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 60th Leg., R.S., Ch. 528, |
|
Sec. 16.) |
|
Sec.1040.108.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient is admitted to a district facility, the board shall |
|
have an inquiry made into the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If an agent designated by the district to handle the |
|
inquiry determines that the patient or those relatives cannot pay |
|
all or part of the costs of the care and treatment in the hospital, |
|
the amount of the costs that cannot be paid becomes a charge against |
|
the district. |
|
(c) If it is determined that the patient or those relatives |
|
are liable to pay for all or part of the costs of the patient's care |
|
and treatment, the patient or those relatives shall be ordered to |
|
pay to the district's treasurer a specified amount each week for the |
|
patient's support. The amount ordered must be proportionate to |
|
financial ability and may not exceed the actual per capita cost of |
|
maintenance. |
|
(d) The district may collect the amount from the patient's |
|
estate, or from a relative who is legally liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay or doubt |
|
in the mind of the district's designated agent, the board shall hold |
|
a hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue an appropriate order. |
|
(f) Either party to the dispute may appeal the order to the |
|
district court. (Acts 60th Leg., R.S., Ch. 528, Sec. 15.) |
|
Sec.1040.109.AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district may sue and be sued in its own |
|
name in any court in this state. (Acts 60th Leg., R.S., Ch. 528, |
|
Sec. 18 (part).) |
|
[Sections 1040.110-1040.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1040.151.BUDGET. The board annually shall require a |
|
budget to be prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 60th Leg., R.S., Ch. 528, Sec. 10 (part).) |
|
Sec.1040.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in Haskell County not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district taxpayer is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. (Acts 60th Leg., R.S., Ch. 528, Sec. 10 (part).) |
|
Sec.1040.153.FISCAL YEAR. The district operates on a |
|
fiscal year that begins on October 1 and ends on September 30. |
|
(Acts 60th Leg., R.S., Ch. 528, Sec. 10 (part).) |
|
Sec.1040.154.ANNUAL AUDIT. (a) The board annually shall |
|
have an independent audit made of the district's books and records |
|
for the fiscal year. |
|
(b) Not later than December 31 each year, the audit shall be |
|
filed: |
|
(1) with the comptroller; and |
|
(2) at the district office. (Acts 60th Leg., R.S., Ch. |
|
528, Sec. 10 (part).) |
|
Sec.1040.155.DEPOSITORY OR TREASURER. (a) The board by |
|
resolution shall designate a bank or banks in Haskell County as the |
|
district's depository or treasurer. A designated bank serves for |
|
two years and until a successor is designated. |
|
(b) All income received by the district shall be deposited |
|
with the district depository. |
|
(c) All district money shall be secured in the manner |
|
provided for securing county funds. (Acts 60th Leg., R.S., Ch. 528, |
|
Secs. 5 (part), 12.) |
|
[Sections 1040.156-1040.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1040.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings and improvements for hospital |
|
purposes. (Acts 60th Leg., R.S., Ch. 528, Sec. 8 (part).) |
|
Sec.1040.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
The board shall impose an ad valorem tax at a rate sufficient to |
|
create an interest and sinking fund to pay the principal of and |
|
interest on general obligation bonds issued by the district under |
|
Section 1040.201 as the bonds mature. |
|
(b) The tax required by this section together with any |
|
maintenance and operation tax the district imposes may not in any |
|
year exceed 75 cents on each $100 valuation of all taxable property |
|
in the district. (Acts 60th Leg., R.S., Ch. 528, Sec. 8 (part).) |
|
Sec.1040.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order the election on its own motion. |
|
(c) The order calling the election must specify: |
|
(1) the location of the polling places; |
|
(2) the presiding election officers; |
|
(3) the purpose of the bond issuance; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum interest rate of the bonds; and |
|
(6) the maximum maturity date of the bonds. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the order calling the election in a newspaper of |
|
general circulation in Haskell County once each week for two |
|
consecutive weeks before the date of the election. The first |
|
publication must occur at least 14 days before the date of the |
|
election. (Acts 60th Leg., R.S., Ch. 528, Sec. 8 (part).) |
|
Sec.1040.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 60th Leg., R.S., Ch. 528, |
|
Sec. 8 (part).) |
|
Sec.1040.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
60th Leg., R.S., Ch. 528, Sec. 8 (part).) |
|
Sec.1040.206.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds in the manner provided by this |
|
subchapter to refund outstanding bonds issued by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the bonds to be refunded; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar amount of the outstanding bonds and the unpaid matured |
|
interest on those bonds. (Acts 60th Leg., R.S., Ch. 528, Sec. 8 |
|
(part).) |
|
[Sections 1040.207-1040.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1040.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the annual budget, the board shall impose a tax on all |
|
property in the district subject to district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued or assumed by the district for hospital purposes; |
|
(2) provide for the operation and maintenance of the |
|
hospital or hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 60th Leg., R.S., Ch. 528, |
|
Secs. 5 (part), 10 (part).) |
|
Sec.1040.252.TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 60th Leg., R.S., Ch. 528, Sec. 5 |
|
(part).) |
|
Sec.1040.253.TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector of Haskell County shall assess and collect taxes |
|
imposed by the district. (Acts 60th Leg., R.S., Ch. 528, Secs. 5 |
|
(part), 10 (part).) |
|
CHAPTER 1041. HIGGINS-LIPSCOMB HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1041.001. DEFINITIONS |
|
Sec. 1041.002. AUTHORITY FOR OPERATION |
|
Sec. 1041.003. POLITICAL SUBDIVISION |
|
Sec. 1041.004. DISTRICT TERRITORY |
|
[Sections 1041.005-1041.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1041.051. BOARD ELECTION; TERM |
|
Sec. 1041.052. BOARD VACANCY |
|
Sec. 1041.053. OFFICERS |
|
Sec. 1041.054. COMPENSATION; EXPENSES |
|
Sec. 1041.055. EMPLOYEES |
|
Sec. 1041.056. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1041.057. SEAL |
|
[Sections 1041.058-1041.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1041.101. DISTRICT RESPONSIBILITY |
|
Sec. 1041.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1041.103. MANAGEMENT AND CONTROL |
|
Sec. 1041.104. HOSPITAL SYSTEM |
|
Sec. 1041.105. RULES |
|
Sec. 1041.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1041.107. EMINENT DOMAIN |
|
Sec. 1041.108. GIFTS AND ENDOWMENTS |
|
Sec. 1041.109. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1041.110. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1041.111-1041.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1041.151. BUDGET |
|
Sec. 1041.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1041.153. FISCAL YEAR |
|
Sec. 1041.154. ANNUAL AUDIT |
|
Sec. 1041.155. DEPOSITORY OR TREASURER |
|
[Sections 1041.156-1041.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1041.201. GENERAL OBLIGATION BONDS |
|
Sec. 1041.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1041.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1041.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1041.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1041.206. REFUNDING BONDS |
|
[Sections 1041.207-1041.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1041.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1041.252. TAX RATE |
|
Sec. 1041.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1041. HIGGINS-LIPSCOMB HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1041.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Higgins-Lipscomb Hospital |
|
District. (New.) |
|
Sec.1041.002.AUTHORITY FOR OPERATION. The district |
|
operates and is financed in accordance with Section 9, Article IX, |
|
Texas Constitution. (Acts 64th Leg., R.S., Ch. 666, Sec. 1 |
|
(part).) |
|
Sec.1041.003.POLITICAL SUBDIVISION. The district is a |
|
political subdivision of this state. (Acts 64th Leg., R.S., Ch. |
|
666, Sec. 16 (part).) |
|
Sec.1041.004.DISTRICT TERRITORY. The district is |
|
composed of the territory described by: |
|
(1) Section 1, Chapter 666, Acts of the 64th |
|
Legislature, Regular Session, 1975; and |
|
(2) Section 1, Chapter 667, Acts of the 64th |
|
Legislature, Regular Session, 1975. (Acts 64th Leg., R.S., Ch. |
|
666, Secs. 1 (part), 4A(h) (part); New.) |
|
[Sections 1041.005-1041.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1041.051.BOARD ELECTION; TERM. (a) The board |
|
consists of six directors elected from the district at large. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms with |
|
three directors elected each year; and |
|
(2) a directors' election shall be held on the uniform |
|
election date in May of each year. |
|
(c) If two or more persons tie for the third-highest vote in |
|
a directors' election, those persons shall draw lots to determine |
|
which person is elected. |
|
(d) A director's term begins on June 1 following the |
|
director's election. (Acts 64th Leg., R.S., Ch. 666, Secs. 3A(a), |
|
4C(c) (part), (d), (e) (part), (f).) |
|
Sec.1041.052.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 64th Leg., R.S., Ch. 666, |
|
Sec. 3A(b).) |
|
Sec.1041.053.OFFICERS. (a) The board shall elect a |
|
president, vice president, and secretary-treasurer from among its |
|
members. |
|
(b) Each officer of the board serves until the next |
|
directors' election. (Acts 64th Leg., R.S., Ch. 666, Sec. 4(a) |
|
(part).) |
|
Sec.1041.054.COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in the performance of official duties on approval of the |
|
expenses by the entire board. (Acts 64th Leg., R.S., Ch. 666, Sec. |
|
4(b).) |
|
Sec.1041.055.EMPLOYEES. The board may employ a general |
|
manager, attorneys, financial advisors, bookkeepers, and |
|
architects. (Acts 64th Leg., R.S., Ch. 666, Sec. 7(a) (part).) |
|
Sec.1041.056.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
All district records, including books, accounts, notices, minutes, |
|
and all other matters of the district and the operation of its |
|
facilities, shall be: |
|
(1) maintained at the district office; and |
|
(2) open to public inspection at reasonable hours. |
|
(Acts 64th Leg., R.S., Ch. 666, Sec. 7(b).) |
|
Sec.1041.057.SEAL. The board may adopt a seal for the |
|
district. (Acts 64th Leg., R.S., Ch. 666, Sec. 7(a) (part).) |
|
[Sections 1041.058-1041.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1041.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating all hospital facilities; and |
|
(2) providing hospital care for the district's needy |
|
inhabitants. (Acts 64th Leg., R.S., Ch. 666, Sec. 12(a) (part).) |
|
Sec. 1041.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. (a) A political subdivision within the |
|
district, other than the district, may not impose a tax or issue |
|
bonds or other obligations for hospital purposes or to provide |
|
medical care for district inhabitants. |
|
(b) A governmental entity other than the district may not |
|
impose a tax or issue bonds or other obligations on property in the |
|
district for hospital purposes or to provide medical care for needy |
|
district inhabitants. (Acts 64th Leg., R.S., Ch. 666, Sec. 12(a) |
|
(part).) |
|
Sec.1041.103.MANAGEMENT AND CONTROL. The board has full |
|
management and control of all district business, including the |
|
power to: |
|
(1) negotiate and contract with any person; |
|
(2) purchase or lease land; and |
|
(3) construct, equip, operate, and maintain a hospital |
|
system. (Acts 64th Leg., R.S., Ch. 666, Sec. 4(a) (part).) |
|
Sec.1041.104.HOSPITAL SYSTEM. The district shall provide |
|
for the establishment of a hospital system to provide medical and |
|
hospital care to the district's residents. (Acts 64th Leg., R.S., |
|
Ch. 666, Sec. 2 (part).) |
|
Sec.1041.105.RULES. (a) The board may adopt rules |
|
governing the operation of the district, including district |
|
facilities. |
|
(b) On approval by the board, the rules may be published in |
|
booklet form at district expense and made available to any resident |
|
on request. (Acts 64th Leg., R.S., Ch. 666, Sec. 7(c).) |
|
Sec.1041.106.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
The board may prescribe the method and manner of making purchases |
|
and expenditures for the district. |
|
(b) The board shall prescribe: |
|
(1) all accounting and control procedures; and |
|
(2) the method of purchasing necessary supplies, |
|
materials, and equipment. (Acts 64th Leg., R.S., Ch. 666, Sec. |
|
7(a) (part).) |
|
Sec.1041.107.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary or convenient for the |
|
district to exercise a right, power, privilege, or function |
|
conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding, the district is not |
|
required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 64th Leg., R.S., Ch. 666, Sec. 9.) |
|
Sec.1041.108.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 64th Leg., R.S., Ch. 666, |
|
Sec. 14.) |
|
Sec.1041.109.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient from Lipscomb County is admitted to a district |
|
facility, the board shall have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If an agent designated by the district determines that |
|
the patient or those relatives cannot pay all or part of the costs |
|
of the care and treatment in the hospital, the expense of that care |
|
becomes a charge against the district. |
|
(c) If an agent designated by the district determines that |
|
the patient or those relatives are liable to pay for all or part of |
|
the costs of the patient's care and treatment, the patient or those |
|
relatives shall be ordered to pay the district's treasurer a |
|
specified amount each week for the patient's support. The amount |
|
ordered must be proportionate to the person's financial ability and |
|
may not exceed the actual per capita cost of maintenance. |
|
(d) The district may collect the amount from the patient's |
|
estate, or from any relative who is legally liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, the board |
|
shall hold a hearing and, after calling witnesses, shall resolve |
|
the dispute. |
|
(f) Either party to the dispute may appeal the district's |
|
determination to the district court. (Acts 64th Leg., R.S., Ch. |
|
666, Sec. 13.) |
|
Sec.1041.110.AUTHORITY TO SUE AND BE SUED. The district |
|
may sue and be sued in its own name in any court of this state. (Acts |
|
64th Leg., R.S., Ch. 666, Sec. 16 (part).) |
|
[Sections 1041.111-1041.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1041.151.BUDGET. The board annually shall have a |
|
budget prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 64th Leg., R.S., Ch. 666, Sec. 8(b) (part).) |
|
Sec.1041.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. (Acts 64th Leg., R.S., Ch. 666, Sec. 8(b) |
|
(part).) |
|
Sec.1041.153.FISCAL YEAR. The district operates on a |
|
fiscal year that begins on October 1 and ends on September 30. |
|
(Acts 64th Leg., R.S., Ch. 666, Sec. 8(a) (part).) |
|
Sec.1041.154.ANNUAL AUDIT. (a) The board annually shall |
|
have an independent audit made of the district's books and records |
|
for the fiscal year. |
|
(b) Not later than December 31 of each year, the audit shall |
|
be filed: |
|
(1) with the comptroller; and |
|
(2) at the district office. (Acts 64th Leg., R.S., Ch. |
|
666, Sec. 8(a) (part).) |
|
Sec.1041.155.DEPOSITORY OR TREASURER. (a) The board by |
|
resolution shall designate a bank or banks in the district as the |
|
district's depository or treasurer. A designated bank serves for |
|
two years and until a successor is designated. |
|
(b) All income received by the district shall be deposited |
|
with the district depository. |
|
(c) All district money shall be secured in the manner |
|
provided for securing county funds. (Acts 64th Leg., R.S., Ch. 666, |
|
Secs. 5(b) (part), 10.) |
|
[Sections 1041.156-1041.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1041.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 64th Leg., R.S., Ch. 666, Sec. 6(a) (part).) |
|
Sec.1041.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
The board shall impose an ad valorem tax at a rate sufficient to |
|
create an interest and sinking fund to pay the principal of and |
|
interest on general obligation bonds issued under Section 1041.201. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of all taxable property in the |
|
district. (Acts 64th Leg., R.S., Ch. 666, Sec. 6(a) (part).) |
|
Sec.1041.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election. |
|
(b) The board may order the election on its own motion. |
|
(c) The order calling the election must specify: |
|
(1) the location of the polling places; |
|
(2) the presiding election officers; |
|
(3) the purpose of the bond issuance; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum interest rate provided by law. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the order calling the election in a newspaper of |
|
general circulation in the district once each week for two |
|
consecutive weeks before the date of the election. The first |
|
publication must occur at least 20 days before the date of the |
|
election. (Acts 64th Leg., R.S., Ch. 666, Sec. 6(b) (part).) |
|
Sec.1041.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 64th Leg., R.S., Ch. 666, |
|
Sec. 6(b) (part).) |
|
Sec.1041.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
64th Leg., R.S., Ch. 666, Sec. 6(a) (part).) |
|
Sec.1041.206.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding bonds |
|
issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the bonds to be refunded; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar amount of outstanding bonds and the unpaid matured interest |
|
on the bonds. (Acts 64th Leg., R.S., Ch. 666, Secs. 6(b) (part), |
|
(c) (part).) |
|
[Sections 1041.207-1041.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1041.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the annual budget, the board shall impose a tax on all |
|
property in the district subject to district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued or assumed by the district for hospital purposes; |
|
(2) provide for operation and maintenance of the |
|
hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites by purchase, lease, or |
|
condemnation. (Acts 64th Leg., R.S., Ch. 666, Secs. 5(a) (part), |
|
(b) (part), 8(b) (part).) |
|
Sec.1041.252.TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 64th Leg., R.S., Ch. 666, Sec. 5(a) |
|
(part).) |
|
Sec.1041.253.TAX ASSESSOR-COLLECTOR. (a) Except as |
|
provided by Subsection (b), the tax assessor-collector of Lipscomb |
|
County shall assess and collect taxes imposed by the district. |
|
(b) By majority vote the board may appoint a district tax |
|
assessor-collector under Section 285.041, Health and Safety Code. |
|
(Acts 64th Leg., R.S., Ch. 666, Secs. 5(b) (part), (c) (part), 8(b) |
|
(part).) |
|
CHAPTER 1042. HOOD COUNTY HOSPITAL DISTRICT OF HOOD COUNTY, TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1042.001. DEFINITIONS |
|
Sec. 1042.002. AUTHORITY FOR CREATION |
|
Sec. 1042.003. DISTRICT TERRITORY |
|
Sec. 1042.004. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1042.005. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1042.006-1042.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1042.051. BOARD; TERMS |
|
Sec. 1042.052. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION OF OFFICE |
|
Sec. 1042.053. BOARD VACANCY |
|
Sec. 1042.054. OFFICERS |
|
Sec. 1042.055. COMPENSATION; EXPENSES |
|
Sec. 1042.056. DISTRICT ADMINISTRATOR |
|
Sec. 1042.057. EMPLOYEES |
|
Sec. 1042.058. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
[Sections 1042.059-1042.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1042.101. DISTRICT RESPONSIBILITY |
|
Sec. 1042.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1042.103. MANAGEMENT AND CONTROL OF DISTRICT |
|
Sec. 1042.104. HOSPITAL SYSTEM |
|
Sec. 1042.105. RULES |
|
Sec. 1042.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1042.107. SURPLUS PROPERTY |
|
Sec. 1042.108. EMINENT DOMAIN |
|
Sec. 1042.109. GIFTS AND ENDOWMENTS |
|
Sec. 1042.110. CONTRACTS WITH POLITICAL SUBDIVISIONS |
|
FOR HOSPITAL AND MEDICAL CARE |
|
Sec. 1042.111. PAYMENT FOR TREATMENT; PROCEDURE |
|
[Sections 1042.112-1042.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1042.151. BUDGET |
|
Sec. 1042.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1042.153. FISCAL YEAR |
|
Sec. 1042.154. ANNUAL AUDIT |
|
Sec. 1042.155. DEPOSITORY |
|
[Sections 1042.156-1042.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1042.201. BONDS |
|
Sec. 1042.202. TAX TO PAY BONDS |
|
Sec. 1042.203. BOND ELECTION |
|
Sec. 1042.204. MATURITY OF BONDS |
|
Sec. 1042.205. EXECUTION OF BONDS |
|
[Sections 1042.206-1042.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1042.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1042.252. TAX RATE |
|
Sec. 1042.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1042. HOOD COUNTY HOSPITAL DISTRICT OF HOOD COUNTY, TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1042.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Hood County Hospital District |
|
of Hood County, Texas. (New.) |
|
Sec.1042.002.AUTHORITY FOR CREATION. The district of |
|
Hood County, Texas, is created under the authority of Section 9, |
|
Article IX, Texas Constitution. (Acts 62nd Leg., R.S., Ch. 852, |
|
Sec. 1.) |
|
Sec.1042.003.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Hood County. (Acts |
|
62nd Leg., R.S., Ch. 852, Sec. 2.) |
|
Sec. 1042.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district's hospital |
|
system and any indebtedness incurred by the district under this |
|
chapter may not become a charge against or obligation of this state. |
|
(Acts 62nd Leg., R.S., Ch. 852, Sec. 18 (part).) |
|
Sec.1042.005.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 62nd Leg., R.S., Ch. 852, Sec. 18 (part).) |
|
[Sections 1042.006-1042.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1042.051.BOARD; TERMS. (a) The board consists of: |
|
(1) the members of the Commissioners Court of Hood |
|
County, including the county judge; and |
|
(2) four persons appointed by the county judge. |
|
(b) One director appointed by the county judge must be: |
|
(1) a doctor of medicine; or |
|
(2) a doctor of osteopathy. |
|
(c) An appointed director serves a two-year term. (Acts |
|
62nd Leg., R.S., Ch. 852, Secs. 4(a) (part), 5(a) (part), (b), (c).) |
|
Sec. 1042.052. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
OF OFFICE. (a) Each appointed director shall execute a good and |
|
sufficient commercial bond for $1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district shall pay for a director's bond. |
|
(c) Each director's bond and constitutional oath or |
|
affirmation of office shall be deposited with the district's |
|
depository for safekeeping. (Acts 62nd Leg., R.S., Ch. 852, Sec. |
|
6(a).) |
|
Sec.1042.053.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the county judge shall appoint a director. |
|
(Acts 62nd Leg., R.S., Ch. 852, Sec. 5(d).) |
|
Sec.1042.054.OFFICERS. The board shall elect from among |
|
its members a president, a secretary, and a treasurer at the first |
|
meeting after directors are appointed under Section 1042.051. |
|
(Acts 62nd Leg., R.S., Ch. 852, Sec. 6(b).) |
|
Sec.1042.055.COMPENSATION; EXPENSES. A director serves |
|
without compensation but is entitled to reimbursement for necessary |
|
expenses incurred in the performance of official duties. (Acts |
|
62nd Leg., R.S., Ch. 852, Sec. 6(c).) |
|
Sec.1042.056.DISTRICT ADMINISTRATOR. (a) The board may |
|
employ a district administrator to manage the operations of the |
|
hospital system. |
|
(b) The district administrator may: |
|
(1) employ necessary personnel to perform the services |
|
provided by the hospital system; and |
|
(2) appoint to the staff any physicians considered |
|
advisable for the efficient operation of the hospital system. |
|
(Acts 62nd Leg., R.S., Ch. 852, Sec. 12(e) (part).) |
|
Sec.1042.057.EMPLOYEES. The board may employ an |
|
attorney, general manager, bookkeeper, architect, and other |
|
employees necessary for the efficient operation of the district. |
|
(Acts 62nd Leg., R.S., Ch. 852, Sec. 12(e) (part).) |
|
Sec.1042.058.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
The board shall: |
|
(1) maintain all district records, including books, |
|
accounts, notices, minutes, and all other matters of the district |
|
and its operation, at the district office; and |
|
(2) make those records available for public inspection |
|
at reasonable times. (Acts 62nd Leg., R.S., Ch. 852, Sec. 12(b).) |
|
[Sections 1042.059-1042.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1042.101.DISTRICT RESPONSIBILITY. The district shall |
|
provide all necessary hospital and medical care for the district's |
|
needy inhabitants. (Acts 62nd Leg., R.S., Ch. 852, Sec. 3 (part).) |
|
Sec. 1042.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision of this state, other |
|
than the district, may not impose a tax or issue bonds or other |
|
obligations to provide hospital service or medical care in the |
|
district. (Acts 62nd Leg., R.S., Ch. 852, Sec. 3 (part).) |
|
Sec.1042.103.MANAGEMENT AND CONTROL OF DISTRICT. The |
|
management and control of the district is vested in the board, and |
|
the board has full power to manage and control the district. (Acts |
|
62nd Leg., R.S., Ch. 852, Secs. 5(a) (part), 12(a) (part).) |
|
Sec.1042.104.HOSPITAL SYSTEM. The district has the |
|
responsibility to establish a hospital or hospital system within |
|
its boundaries to provide hospital and medical care to the |
|
district's residents. (Acts 62nd Leg., R.S., Ch. 852, Sec. 3 |
|
(part).) |
|
Sec.1042.105.RULES. (a) The board shall adopt rules for |
|
the efficient operation of the district, including district |
|
facilities. |
|
(b) The board shall: |
|
(1) publish the rules in book form; and |
|
(2) provide copies to interested persons on request at |
|
district expense. (Acts 62nd Leg., R.S., Ch. 852, Sec. 12(c).) |
|
Sec.1042.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe the method of making purchases and expenditures |
|
and the manner of accounting and control used by the district. |
|
(Acts 62nd Leg., R.S., Ch. 852, Sec. 12(e) (part).) |
|
Sec.1042.107.SURPLUS PROPERTY. The board may sell or |
|
otherwise dispose of district property if the board finds the |
|
property exceeds the district's present and future needs. (Acts |
|
62nd Leg., R.S., Ch. 852, Sec. 12(h) (part).) |
|
Sec.1042.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in real, personal, or mixed property located in |
|
district territory if the interest is necessary or convenient for |
|
the district to exercise a power or duty conferred on the district |
|
by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding, the district is not |
|
required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; or |
|
(2) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 62nd Leg., R.S., Ch. 852, Sec. |
|
15.) |
|
Sec.1042.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board under the directions, limitations, or |
|
other provisions prescribed in writing by the donor that are not |
|
inconsistent with the proper management of the district. (Acts |
|
62nd Leg., R.S., Ch. 852, Sec. 12(f).) |
|
Sec. 1042.110. CONTRACTS WITH POLITICAL SUBDIVISIONS FOR |
|
HOSPITAL AND MEDICAL CARE. The board may contract with another |
|
political subdivision to provide hospital and medical care for |
|
needy persons who reside outside the district. (Acts 62nd Leg., |
|
R.S., Ch. 852, Sec. 12(g).) |
|
Sec.1042.111.PAYMENT FOR TREATMENT; PROCEDURE. (a) A |
|
person who resides in the district is entitled to receive necessary |
|
medical and hospital care regardless of whether the person has the |
|
ability to pay for the care and may apply to receive this care |
|
without cost. |
|
(b) The board or the district administrator shall employ a |
|
person to investigate the ability of the patient and any relative |
|
who is liable for the patient's support to pay for the medical and |
|
hospital care received by the patient. |
|
(c) If the investigator determines that the patient or |
|
relative legally liable for the patient's support cannot pay all or |
|
part of the costs of the patient's care, the expense of the care |
|
becomes a charge against the district. |
|
(d) If the patient or a relative legally liable for the |
|
patient's support can pay for all or part of the costs of the |
|
patient's care, the board shall order the patient or relative to pay |
|
to the treasurer each week an amount specified in the order. The |
|
amount must be proportionate to the person's ability to pay. |
|
(e) The district may collect the amount from the patient's |
|
estate, or from any relative who is liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(f) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the investigator, the board shall hold a hearing and, |
|
after calling witnesses, shall: |
|
(1) determine the question; and |
|
(2) make the proper order based on the board's |
|
findings. |
|
(g) A party to the hearing who is not satisfied with the |
|
result of the order may appeal to the district court. The appeal is |
|
de novo. (Acts 62nd Leg., R.S., Ch. 852, Sec. 14.) |
|
[Sections 1042.112-1042.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1042.151.BUDGET. The board shall prepare a budget |
|
that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections for the next |
|
fiscal year; and |
|
(3) the amount of taxes required to be imposed to meet |
|
the proposed budget. (Acts 62nd Leg., R.S., Ch. 852, Sec. 13(b).) |
|
Sec.1042.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in the district not later than |
|
the 11th day before the date of the hearing. |
|
(c) Any person who owns taxable property in the district and |
|
has rendered that property for taxation is entitled to: |
|
(1) appear at the hearing; and |
|
(2) be heard regarding any item in the proposed |
|
budget. (Acts 62nd Leg., R.S., Ch. 852, Secs. 13(c), (d).) |
|
Sec.1042.153.FISCAL YEAR. The district's fiscal year is |
|
from October 1 to September 30. (Acts 62nd Leg., R.S., Ch. 852, |
|
Sec. 13(a).) |
|
Sec.1042.154.ANNUAL AUDIT. (a) The board annually shall |
|
require an independent audit of the district's books and records. |
|
(b) Not later than December 1 of each year, the board shall |
|
file a copy of the audit with: |
|
(1) the comptroller; and |
|
(2) the district. (Acts 62nd Leg., R.S., Ch. 852, Sec. |
|
12(d).) |
|
Sec.1042.155.DEPOSITORY. (a) The board by resolution |
|
shall designate a bank in Hood County as the district's depository. |
|
A designated bank serves for two years and until a successor is |
|
designated. |
|
(b) All district money shall be deposited in the depository |
|
and secured in the manner provided for securing county funds. (Acts |
|
62nd Leg., R.S., Ch. 852, Sec. 16.) |
|
[Sections 1042.156-1042.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1042.201.BONDS. The district may issue bonds to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; and |
|
(2) equip buildings for hospital purposes. (Acts 62nd |
|
Leg., R.S., Ch. 852, Secs. 9(a) (part), 10(a) (part).) |
|
Sec.1042.202.TAX TO PAY BONDS. The board may issue bonds |
|
under Section 1042.201 only if the board imposes an ad valorem tax |
|
at a rate sufficient to create an interest and sinking fund to pay |
|
the principal of and interest on the bonds as the bonds mature. |
|
(Acts 62nd Leg., R.S., Ch. 852, Sec. 10(c).) |
|
Sec.1042.203.BOND ELECTION. (a) The board may issue |
|
bonds under Section 1042.201 only if the bonds are authorized by a |
|
majority of district voters voting in an election held for that |
|
purpose. The total face value of the bonds may not exceed the amount |
|
specified in the election order. |
|
(b) The board may order a bond election at any time. |
|
(c) The order calling an election must include: |
|
(1) the time of the election; |
|
(2) the location of the polling places; |
|
(3) the form of the ballots; |
|
(4) the presiding judge for each polling place; |
|
(5) the purpose of the bond issuance; |
|
(6) the amount of the bonds to be authorized; |
|
(7) the maximum interest rate of the bonds; and |
|
(8) the maximum maturity of the bonds. |
|
(d) A substantial copy of the election order shall be |
|
published in a newspaper of general circulation in the district |
|
once a week for two consecutive weeks before the date of the |
|
election. The first notice must be published not later than the |
|
15th day before the date of the election. |
|
(e) A copy of the election results must be filed with the |
|
county clerk and become a public record. (Acts 62nd Leg., R.S., Ch. |
|
852, Secs. 4(b), (c), (d) (part), 9(a) (part), (b), (d), 10(a) |
|
(part).) |
|
Sec.1042.204.MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after the date of issuance. (Acts |
|
62nd Leg., R.S., Ch. 852, Sec. 9(c).) |
|
Sec.1042.205.EXECUTION OF BONDS. (a) The board president |
|
shall execute the district's bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
62nd Leg., R.S., Ch. 852, Sec. 10(b) (part).) |
|
[Sections 1042.206-1042.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1042.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The tax may be used only to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued under this chapter; |
|
(2) provide for the operation and maintenance of the |
|
district and hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire sites for additions to the hospital |
|
system. (Acts 62nd Leg., R.S., Ch. 852, Secs. 8(a) (part), (c).) |
|
Sec.1042.252.TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 62nd Leg., R.S., Ch. 852, Sec. 8(a) |
|
(part).) |
|
Sec.1042.253.TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector for Hood County shall collect taxes for the |
|
district. (Acts 62nd Leg., R.S., Ch. 852, Sec. 8(d) (part).) |
|
CHAPTER 1043. HOPKINS COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1043.001. DEFINITIONS |
|
Sec. 1043.002. AUTHORITY FOR OPERATION |
|
Sec. 1043.003. ESSENTIAL PUBLIC FUNCTION; POLITICAL |
|
SUBDIVISION |
|
Sec. 1043.004. DISTRICT TERRITORY |
|
Sec. 1043.005. CORRECTION OF INVALID PROCEDURES |
|
[Sections 1043.006-1043.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1043.051. BOARD ELECTION; TERM |
|
Sec. 1043.052. NOTICE OF ELECTION |
|
Sec. 1043.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1043.054. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION OF OFFICE |
|
Sec. 1043.055. BOARD VACANCY |
|
Sec. 1043.056. OFFICERS |
|
Sec. 1043.057. COMPENSATION; EXPENSES |
|
Sec. 1043.058. VOTING REQUIREMENT |
|
Sec. 1043.059. APPOINTMENT AND RECRUITMENT OF STAFF |
|
AND EMPLOYEES |
|
Sec. 1043.060. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1043.061. SEAL |
|
[Sections 1043.062-1043.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1043.101. DISTRICT RESPONSIBILITY |
|
Sec. 1043.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION |
|
Sec. 1043.103. MANAGEMENT AND CONTROL |
|
Sec. 1043.104. HOSPITAL SYSTEM |
|
Sec. 1043.105. RULES |
|
Sec. 1043.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1043.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1043.108. PROPERTY, FACILITIES, AND EQUIPMENT FOR |
|
STAFF PHYSICIANS |
|
Sec. 1043.109. EMINENT DOMAIN |
|
Sec. 1043.110. GIFTS AND ENDOWMENTS |
|
Sec. 1043.111. JOINT OWNERSHIP ARRANGEMENT |
|
Sec. 1043.112. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1043.113. NONPROFIT CORPORATION |
|
Sec. 1043.114. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1043.115-1043.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1043.151. BUDGET |
|
Sec. 1043.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1043.153. FISCAL YEAR |
|
Sec. 1043.154. ANNUAL AUDIT |
|
Sec. 1043.155. DEPOSITORY OR TREASURER |
|
Sec. 1043.156. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1043.157-1043.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1043.201. GENERAL OBLIGATION BONDS |
|
Sec. 1043.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1043.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1043.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1043.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1043.206. REVENUE BONDS |
|
Sec. 1043.207. REFUNDING BONDS |
|
Sec. 1043.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1043.209-1043.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1043.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1043.252. TAX RATE |
|
Sec. 1043.253. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
Sec. 1043.254. TAX ASSESSOR-COLLECTOR |
|
[Sections 1043.255-1043.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1043.301. DISSOLUTION; ELECTION |
|
Sec. 1043.302. NOTICE OF ELECTION |
|
Sec. 1043.303. BALLOT |
|
Sec. 1043.304. ELECTION RESULTS |
|
Sec. 1043.305. SALE OR TRANSFER OF ASSETS AND |
|
LIABILITIES |
|
CHAPTER 1043. HOPKINS COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1043.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Hopkins County Hospital |
|
District. (New.) |
|
Sec.1043.002.AUTHORITY FOR OPERATION. The district |
|
operates under the authority of and has the powers and |
|
responsibilities provided by Section 11, Article IX, Texas |
|
Constitution. (Acts 57th Leg., 1st C.S., Ch. 43, Secs. 1 (part), |
|
5(a) (part).) |
|
Sec. 1043.003. ESSENTIAL PUBLIC FUNCTION; POLITICAL |
|
SUBDIVISION. The district is: |
|
(1) a public entity performing an essential public |
|
function; and |
|
(2) a political subdivision of this state. (Acts 57th |
|
Leg., 1st C.S., Ch. 43, Secs. 6D(d) (part), 18 (part).) |
|
Sec.1043.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Hopkins County. |
|
(Acts 57th Leg., 1st C.S., Ch. 43, Sec. 1 (part).) |
|
Sec.1043.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 19 |
|
(part).) |
|
[Sections 1043.006-1043.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1043.051.BOARD ELECTION; TERM. (a) The board |
|
consists of seven elected directors. |
|
(b) Directors serve staggered three-year terms. |
|
(c) An election shall be held on the uniform election date |
|
in May of each year to elect the appropriate number of directors. |
|
(Acts 57th Leg., 1st C.S., Ch. 43, Sec. 3 (part).) |
|
Sec.1043.052.NOTICE OF ELECTION. At least 10 days before |
|
the date of an election of directors, notice of the election shall |
|
be published one time in a newspaper of general circulation in |
|
Hopkins County. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 3 (part).) |
|
Sec.1043.053.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) a district resident; |
|
(2) a qualified voter of the district; and |
|
(3) more than 21 years of age at the time of election |
|
or appointment. |
|
(b) A district employee may not serve as a director. (Acts |
|
57th Leg., 1st C.S., Ch. 43, Sec. 3 (part).) |
|
Sec. 1043.054. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
bond for $1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) Each director's bond and constitutional oath or |
|
affirmation of office shall be deposited with the district's |
|
depository bank for safekeeping. (Acts 57th Leg., 1st C.S., Ch. 43, |
|
Sec. 3 (part).) |
|
Sec.1043.055.BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of director, the remaining directors shall appoint a |
|
director for the unexpired term. |
|
(b) If the number of directors is reduced to less than the |
|
number that constitutes a majority for any reason, the remaining |
|
directors shall immediately call a special election to fill the |
|
vacancies. If the remaining directors do not call the election, a |
|
district court, on application of a district voter or taxpayer, may |
|
order the directors to hold the election. (Acts 57th Leg., 1st |
|
C.S., Ch. 43, Sec. 3 (part).) |
|
Sec.1043.056.OFFICERS. The board shall elect a |
|
president, vice president, and secretary. (Acts 57th Leg., 1st |
|
C.S., Ch. 43, Sec. 3 (part).) |
|
Sec.1043.057.COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in the performance of official duties on approval of the |
|
expenses by the entire board. (Acts 57th Leg., 1st C.S., Ch. 43, |
|
Sec. 4 (part).) |
|
Sec.1043.058.VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors is sufficient in any matter relating to |
|
district business. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 3 |
|
(part).) |
|
Sec. 1043.059. APPOINTMENT AND RECRUITMENT OF STAFF AND |
|
EMPLOYEES. (a) The board may employ a general manager, attorney, |
|
bookkeeper, and architect. |
|
(b) The board may spend district money to recruit |
|
physicians, nurses, or other trained medical personnel to the |
|
hospital staff. |
|
(c) The board may agree to pay all or part of the tuition or |
|
other costs of a medical technician or nursing student who: |
|
(1) is enrolled and in good standing in an accredited |
|
hospital, school, or college; and |
|
(2) contractually agrees to serve as a district |
|
employee on terms prescribed by the board. |
|
(d) Subject to Subsection (e), the board may provide |
|
financial inducements, including income subsidies or guarantees |
|
and reimbursement of relocation expenses, to a full-time medical |
|
intern or resident physician serving in a hospital who |
|
contractually agrees to: |
|
(1) reside and practice in Hopkins County; and |
|
(2) provide care and treatment to its needy residents. |
|
(e) The board may offer financial inducements only to |
|
attract qualified physicians who possess medical expertise that is |
|
not available in the county. (Acts 57th Leg., 1st C.S., Ch. 43, |
|
Secs. 8 (part), 8A.) |
|
Sec.1043.060.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
Except as provided by Section 1043.054, all district records, |
|
including books, accounts, notices, minutes, and all other matters |
|
of the district and the operation of its facilities, shall be: |
|
(1) maintained at the district office; and |
|
(2) open to public inspection at the district office |
|
at all reasonable hours. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 8 |
|
(part).) |
|
Sec.1043.061.SEAL. The board may adopt a seal for the |
|
district. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 8 (part).) |
|
[Sections 1043.062-1043.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1043.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy and indigent residents. (Acts 57th Leg., 1st |
|
C.S., Ch. 43, Sec. 13 (part).) |
|
Sec. 1043.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION. Hopkins County or a municipality in Hopkins County may |
|
not impose a tax for hospital purposes. (Acts 57th Leg., 1st C.S., |
|
Ch. 43, Sec. 13 (part).) |
|
Sec.1043.103.MANAGEMENT AND CONTROL. The management and |
|
control of the district is vested in the board. (Acts 57th Leg., |
|
1st C.S., Ch. 43, Sec. 4 (part).) |
|
Sec.1043.104.HOSPITAL SYSTEM. The district may provide |
|
for the establishment of a hospital or hospital system to provide |
|
medical and hospital care to the district's needy residents. (Acts |
|
57th Leg., 1st C.S., Ch. 43, Sec. 2 (part).) |
|
Sec.1043.105.RULES. (a) The board may adopt rules |
|
governing the operation of the district, including district |
|
facilities. |
|
(b) On approval by the board, the rules may be published in |
|
booklet form at district expense and made available to any taxpayer |
|
on request. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 8 (part).) |
|
Sec.1043.106.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
The board may prescribe the method and manner of making purchases |
|
and expenditures by and for the district. |
|
(b) The board shall prescribe: |
|
(1) all accounting and control procedures; and |
|
(2) the method of purchasing necessary supplies, |
|
materials, and equipment. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 8 |
|
(part).) |
|
Sec. 1043.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location, either inside or outside the district, of facilities |
|
required to maintain an adequate hospital system and ancillary |
|
health care system and the type of equipment necessary for |
|
hospital care and ancillary health care services, including: |
|
(1) domiciliary care and treatment of sick or injured |
|
patients; |
|
(2) geriatric services; |
|
(3) outpatient clinics; |
|
(4) rural health clinics; |
|
(5) convalescent home facilities; |
|
(6) physician's offices; |
|
(7) home health services; |
|
(8) durable medical equipment; |
|
(9) long-term care; |
|
(10) skilled nursing care; |
|
(11) intermediate nursing care; |
|
(12) hospice care; |
|
(13) ambulatory surgery centers; |
|
(14) urgent care facilities; |
|
(15) operation of a mobile emergency medical service; |
|
(16) extended care facilities; |
|
(17) assisted living facilities; and |
|
(18) any other facility or equipment the board |
|
considers necessary for the delivery of hospital, medical, and |
|
ancillary health care services. |
|
(b) The board may: |
|
(1) acquire by lease, purchase, or lease to purchase |
|
property, including facilities, supplies, and equipment, for the |
|
district for use in the hospital system and ancillary health care |
|
system; and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(c) The board may lease, sell, or otherwise dispose of all |
|
or part of the district's property for the district, including |
|
facilities, supplies, or equipment, to a public or private entity, |
|
but only to the extent necessary to maintain an adequate hospital |
|
system for the residents of Hopkins County. (Acts 57th Leg., 1st |
|
C.S., Ch. 43, Sec. 6C.) |
|
Sec. 1043.108. PROPERTY, FACILITIES, AND EQUIPMENT FOR |
|
STAFF PHYSICIANS. (a) The board shall determine the type, number, |
|
and location of buildings required to establish and maintain office |
|
facilities for staff physicians as necessary to provide adequate |
|
medical care. |
|
(b) The board may: |
|
(1) acquire property, including equipment, and |
|
construct facilities for the district for use by staff physicians; |
|
and |
|
(2) mortgage or pledge the property or facilities as |
|
security for the payment of the purchase or construction price. |
|
(c) The board for the district may: |
|
(1) lease the office facilities and equipment to staff |
|
physicians; and |
|
(2) sell or otherwise dispose of the property, |
|
including facilities and equipment. (Acts 57th Leg., 1st C.S., Ch. |
|
43, Sec. 6A.) |
|
Sec.1043.109.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property, real, personal, or mixed, |
|
located in district territory, if the interest is necessary or |
|
convenient for the district to exercise a right, power, privilege, |
|
or function conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. |
|
10.) |
|
Sec.1043.110.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for any nonprofit purpose and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 57th Leg., 1st C.S., Ch. 43, |
|
Sec. 16.) |
|
Sec.1043.111.JOINT OWNERSHIP ARRANGEMENT. (a) The board |
|
may enter into a joint ownership arrangement for the district with |
|
one or more public or private entities for: |
|
(1) the provision of management or operating services; |
|
and |
|
(2) the ownership of all or part of real property, |
|
facilities, equipment, or supplies. |
|
(b) Before the board enters into the arrangement, the board |
|
must determine that the arrangement is: |
|
(1) in the district's best interest; and |
|
(2) for a public purpose of the district. (Acts 57th |
|
Leg., 1st C.S., Ch. 43, Sec. 7A.) |
|
Sec.1043.112.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient is admitted to a district facility, the board shall |
|
have an inquiry made into the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) The district without charge shall provide to a patient |
|
who resides in the district the care and treatment that the patient |
|
or a relative of the patient who is legally responsible for the |
|
patient's support cannot pay. |
|
(c) If it is determined that the patient or those relatives |
|
are liable to pay for all or part of the costs of the patient's care |
|
and treatment, the patient or those relatives shall be ordered to |
|
pay to the district's treasurer a specified amount each week for the |
|
patient's support. The amount ordered must be proportionate to the |
|
person's financial ability and may not exceed the actual per capita |
|
cost of maintenance. |
|
(d) The district may collect the amount from the patient's |
|
estate, or from any relative who is legally liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district's designated agent, the board shall hold |
|
a hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue an appropriate order. |
|
(f) Either party to the dispute may appeal the order to the |
|
district court. (Acts 57th Leg., 1st C.S., Ch. 43, Secs. 14(a), |
|
(c), (d), (e), (f).) |
|
Sec.1043.113.NONPROFIT CORPORATION. (a) The district may |
|
become a member of a nonprofit corporation or enter into an |
|
agreement with a nonprofit corporation to serve the purposes of |
|
this chapter. Under an agreement with a nonprofit corporation, the |
|
district may require that: |
|
(1) the nonprofit corporation grant the district the |
|
power to appoint one or more members of the corporation's board of |
|
directors; |
|
(2) the nonprofit corporation obtain the district's |
|
consent before changing the corporation's articles of |
|
incorporation or bylaws or before taking other action; and |
|
(3) the district receive all or part of the net assets |
|
of the nonprofit corporation on the corporation's dissolution, |
|
merger, or consolidation. |
|
(b) The district is not liable for any debt, obligation, or |
|
other liability of the nonprofit corporation. |
|
(c) This section does not affect the district's authority to |
|
make payments to or otherwise provide money to the nonprofit |
|
corporation. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 6B.) |
|
Sec.1043.114.AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district may sue and be sued in its own |
|
name in any court of this state. (Acts 57th Leg., 1st C.S., Ch. 43, |
|
Sec. 18 (part).) |
|
[Sections 1043.115-1043.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1043.151.BUDGET. The board annually shall require a |
|
budget to be prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 9 (part).) |
|
Sec.1043.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in Hopkins County not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district taxpayer is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 9 (part).) |
|
Sec.1043.153.FISCAL YEAR. The district operates on a |
|
fiscal year that begins on October 1 and ends on September 30. |
|
(Acts 57th Leg., 1st C.S., Ch. 43, Sec. 9 (part).) |
|
Sec.1043.154.ANNUAL AUDIT. (a) The board annually shall |
|
have an independent audit made of the district's books and records |
|
for the fiscal year. |
|
(b) Not later than December 31 each year, the audit shall be |
|
filed: |
|
(1) with the comptroller; and |
|
(2) at the district office. (Acts 57th Leg., 1st C.S., |
|
Ch. 43, Sec. 9 (part).) |
|
Sec.1043.155.DEPOSITORY OR TREASURER. (a) The board by |
|
resolution shall designate a bank or banks in Hopkins County as the |
|
district's depository or treasurer. A designated bank serves for |
|
two years and until a successor is designated. |
|
(b) All income received by the district shall be deposited |
|
with the district depository. |
|
(c) All district money shall be secured in the manner |
|
provided for securing county funds. (Acts 57th Leg., 1st C.S., Ch. |
|
43, Subsec. (a), Sec. 5 (part), Sec. 11.) |
|
Sec.1043.156.AUTHORITY TO BORROW MONEY; SECURITY. (a) If |
|
the board declares that money is not available to meet authorized |
|
district obligations, the board may: |
|
(1) by majority vote borrow money to satisfy the |
|
obligations in an amount not to exceed, at any one time in the |
|
aggregate, 10 percent of the annual district operational expenses |
|
for the prior fiscal year; and |
|
(2) by unanimous vote borrow additional money if the |
|
obligations exceed the amount described by Subdivision (1). |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; or |
|
(2) a district tax to be imposed by the district in the |
|
next 12-month period that is not pledged to pay the principal of or |
|
interest on district bonds. |
|
(c) A loan for which taxes are pledged must mature and be |
|
paid not later than the first anniversary of the date the loan is |
|
made. |
|
(d) The board may not spend money obtained from a loan under |
|
this section for any purpose other than: |
|
(1) the purpose for which the board declared an |
|
emergency; and |
|
(2) if district taxes are pledged to pay the loan, the |
|
purposes for which the pledged taxes were imposed. (Acts 57th Leg., |
|
1st C.S., Ch. 43, Sec. 8B.) |
|
[Sections 1043.157-1043.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1043.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements, including medical |
|
facilities; and |
|
(2) equipping buildings or improvements for hospital |
|
or medical purposes. (Acts 57th Leg., 1st C.S., Ch. 43, Secs. 5(a) |
|
(part), 6 (part).) |
|
Sec.1043.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
The board shall impose an ad valorem tax at a rate sufficient to |
|
create an interest and sinking fund to pay the principal of and |
|
interest on general obligation bonds issued by the district under |
|
Section 1043.201 as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed: |
|
(1) 25 cents on each $100 valuation of all taxable |
|
property in the district; or |
|
(2) the maximum tax rate approved under Section |
|
1043.253, which may not exceed 75 cents on each $100 valuation of |
|
all taxable property in the district. (Acts 57th Leg., 1st C.S., |
|
Ch. 43, Secs. 5(a) (part), 6 (part).) |
|
Sec.1043.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order the election on its own motion. |
|
(c) The order calling the election must specify: |
|
(1) the location of the polling places; |
|
(2) the presiding election officers; |
|
(3) the purpose of the bond issuance; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum interest rate of the bonds; and |
|
(6) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the order calling the election in a newspaper of |
|
general circulation in Hopkins County once a week for two |
|
consecutive weeks before the date of the election. The first |
|
publication must occur at least 14 days before the date of the |
|
election. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 6 (part).) |
|
Sec.1043.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 57th Leg., 1st C.S., Ch. |
|
43, Sec. 6 (part).) |
|
Sec.1043.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
57th Leg., 1st C.S., Ch. 43, Sec. 6 (part).) |
|
Sec.1043.206.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements, including necessary equipment and |
|
furnishings, for hospital purposes and the hospital system; |
|
(2) acquire sites to be used for hospital purposes; or |
|
(3) acquire and operate a mobile emergency medical or |
|
air ambulance service to assist the district in carrying out its |
|
hospital purpose. |
|
(b) The bonds may be secured by a mortgage or deed of trust |
|
lien on all or part of district property. |
|
(c) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(Acts 57th Leg., 1st C.S., Ch. 43, Secs. 6D(a), (b) (part), (c).) |
|
Sec.1043.207.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding bonds |
|
issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the bonds to be refunded; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar amount of outstanding bonds and the unpaid matured interest |
|
on the bonds. (Acts 57th Leg., 1st C.S., Ch. 43, Sec. 6 (part).) |
|
Sec.1043.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 57th |
|
Leg., 1st C.S., Ch. 43, Sec. 6D(d) (part).) |
|
[Sections 1043.209-1043.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1043.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the annual budget, the board shall impose a tax on all |
|
property in the district subject to district taxation. |
|
(b) The tax may be used for all hospital district purposes |
|
mentioned in this chapter and in Section 11, Article IX, Texas |
|
Constitution, including to: |
|
(1) pay the indebtedness issued or assumed by the |
|
district; and |
|
(2) maintain and operate the district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds. (Acts 57th Leg., 1st C.S., Ch. 43, |
|
Subsec. (a), Sec. 5 (part), Secs. 5(a) (part), 6D(b) (part), 9 |
|
(part).) |
|
Sec.1043.252.TAX RATE. The board may impose the tax at a |
|
rate not to exceed 25 cents on each $100 valuation of all taxable |
|
property in the district unless the tax rate is increased as |
|
provided by Section 1043.253. (Acts 57th Leg., 1st C.S., Ch. 43, |
|
Subsec. (a), Sec. 5 (part), Sec. 5(a) (part).) |
|
Sec.1043.253.ELECTION TO INCREASE MAXIMUM TAX RATE. (a) |
|
The board may order an election to increase the district's maximum |
|
tax rate to a rate not to exceed 75 cents on each $100 valuation of |
|
taxable property in the district. |
|
(b) The maximum tax rate may not be increased unless the |
|
increase is approved by a majority of the district voters voting in |
|
an election held for that purpose. |
|
(c) The board shall give notice in the manner provided for a |
|
bond election under Section 1043.203. (Acts 57th Leg., 1st C.S., |
|
Ch. 43, Sec. 5(a) (part).) |
|
Sec.1043.254.TAX ASSESSOR-COLLECTOR. (a) Except as |
|
provided by Subsection (b), the tax assessor-collector of Hopkins |
|
County shall assess and collect taxes imposed by the district. |
|
(b) The board may provide for the appointment of a tax |
|
assessor-collector for the district or may contract for the |
|
assessment and collection of taxes as provided by the Tax Code. |
|
(Acts 57th Leg., 1st C.S., Ch. 43, Secs. 5(a) (part), (b) (part), 9 |
|
(part).) |
|
[Sections 1043.255-1043.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec.1043.301.DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved and the district's assets and liabilities sold or |
|
transferred to another person only on approval of a majority of the |
|
district voters voting at an election held for that purpose. |
|
(b) The board may order an election on the question of |
|
dissolving the district and transferring the district's assets and |
|
liabilities. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by a number of |
|
district residents equal to at least 15 percent of the registered |
|
voters in the district, according to the most recent official list |
|
of registered voters. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition 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. |
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 57th Leg., 1st C.S., Ch. |
|
43, Secs. 21(a), (b), (c) (part), (d), (g).) |
|
Sec.1043.302.NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks a substantial copy of the election |
|
order in a newspaper with general circulation in the district. |
|
(b) The first publication of the notice must appear at least |
|
35 days before the date set for the election. (Acts 57th Leg., 1st |
|
C.S., Ch. 43, Sec. 21(e).) |
|
Sec.1043.303.BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Hopkins County Hospital |
|
District and the transfer of its assets and liabilities in the |
|
following manner: __________ (insert provisions for transfer)." |
|
(Acts 57th Leg., 1st C.S., Ch. 43, Sec. 21(h).) |
|
Sec.1043.304.ELECTION RESULTS. (a) If the board finds |
|
the election results favor the proposition to dissolve the |
|
district, the board shall: |
|
(1) issue an order declaring the district dissolved; |
|
and |
|
(2) proceed with the sale or transfer of the district's |
|
assets and liabilities according to the plan proposed on the |
|
ballot. |
|
(b) If the board finds the election results do not favor the |
|
proposition to dissolve the district, another dissolution election |
|
may not be held before the first anniversary of the date of the |
|
election in which voters disapproved the proposition. (Acts 57th |
|
Leg., 1st C.S., Ch. 43, Secs. 21(j), (k).) |
|
Sec.1043.305.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
(a) The district may not be dissolved unless the board provides for |
|
the sale or transfer of the district's assets and liabilities to |
|
another person. |
|
(b) The dissolution of the district and the sale or transfer |
|
of the district's assets and liabilities may not: |
|
(1) contravene a trust indenture or bond resolution |
|
relating to the district's outstanding bonds; or |
|
(2) diminish or impair the rights of the holders of any |
|
outstanding bonds, warrants, or other obligations of the district. |
|
(c) The 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 district |
|
residents, including the residents' collective property rights in |
|
the district's assets. |
|
(d) The district may not transfer or dispose of the |
|
district's assets except for due compensation unless: |
|
(1) the transfer is made to another governmental |
|
agency that serves the district; and |
|
(2) the transferred assets are to be used for the |
|
benefit of the district's residents. |
|
(e) A grant from federal funds is an obligation to be repaid |
|
in satisfaction. (Acts 57th Leg., 1st C.S., Ch. 43, Secs. 21(l), |
|
(m).) |
|
CHAPTER 1044. HUNT MEMORIAL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1044.001. DEFINITIONS |
|
Sec. 1044.002. AUTHORITY FOR OPERATION |
|
Sec. 1044.003. POLITICAL SUBDIVISION |
|
Sec. 1044.004. DISTRICT TERRITORY |
|
Sec. 1044.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1044.006. PUBLIC PURPOSE; TAX EXEMPTION |
|
[Sections 1044.007-1044.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1044.051. BOARD ELECTION; TERM |
|
Sec. 1044.052. NOTICE OF ELECTION |
|
Sec. 1044.053. BALLOT PETITION |
|
Sec. 1044.054. QUALIFICATIONS FOR CANDIDACY |
|
Sec. 1044.055. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION OF OFFICE |
|
Sec. 1044.056. BOARD VACANCY |
|
Sec. 1044.057. OFFICERS |
|
Sec. 1044.058. COMPENSATION; EXPENSES |
|
Sec. 1044.059. VOTING REQUIREMENT |
|
Sec. 1044.060. EMPLOYEES |
|
Sec. 1044.061. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1044.062. SEAL |
|
[Sections 1044.063-1044.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1044.101. DISTRICT RESPONSIBILITY |
|
Sec. 1044.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION |
|
Sec. 1044.103. MEDICAL FACILITIES; LEGISLATIVE INTENT |
|
Sec. 1044.104. RULES |
|
Sec. 1044.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1044.106. EMINENT DOMAIN |
|
Sec. 1044.107. GIFTS AND ENDOWMENTS |
|
Sec. 1044.108. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1044.109. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1044.110-1044.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1044.151. BUDGET |
|
Sec. 1044.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1044.153. FISCAL YEAR |
|
Sec. 1044.154. ANNUAL AUDIT |
|
Sec. 1044.155. DEPOSITORY |
|
[Sections 1044.156-1044.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1044.201. GENERAL OBLIGATION BONDS |
|
Sec. 1044.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1044.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1044.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1044.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
[Sections 1044.206-1044.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1044.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1044.252. TAX RATE |
|
Sec. 1044.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1044. HUNT MEMORIAL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1044.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Hunt Memorial Hospital |
|
District. (New.) |
|
Sec.1044.002.AUTHORITY FOR OPERATION. The district |
|
operates in accordance with Section 9, Article IX, Texas |
|
Constitution. (Acts 60th Leg., R.S., Ch. 125, Sec. 1.) |
|
Sec.1044.003.POLITICAL SUBDIVISION. The district is a |
|
political subdivision of this state. (Acts 60th Leg., R.S., Ch. |
|
125, Sec. 18 (part).) |
|
Sec.1044.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Hunt County. (Acts |
|
60th Leg., R.S., Ch. 125, Sec. 4A(f) (part).) |
|
Sec.1044.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 60th Leg., R.S., Ch. 125, Sec. 21 (part); |
|
Acts 61st Leg., R.S., Ch. 853, Sec. 2 (part).) |
|
Sec.1044.006.PUBLIC PURPOSE; TAX EXEMPTION. All property |
|
owned by the district: |
|
(1) shall be held for public purposes; and |
|
(2) is exempt from taxation of every character. (Acts |
|
60th Leg., R.S., Chapter 125, Sec. 18 (part).) |
|
[Sections 1044.007-1044.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1044.051.BOARD ELECTION; TERM. (a) The board |
|
consists of nine directors elected as follows: |
|
(1) two directors elected from each county |
|
commissioners precinct; and |
|
(2) one director elected from the district at large. |
|
(b) The two candidates from each county commissioners |
|
precinct receiving the highest number of votes from that precinct |
|
are elected as directors from that precinct. The candidate from the |
|
district at large receiving the highest number of votes from the |
|
district at large is elected as the director from the district at |
|
large. |
|
(c) Directors serve staggered four-year terms. |
|
(d) The board shall provide for clerks as in county |
|
elections. |
|
(e) The board shall enter an order declaring the results of |
|
the election. (Acts 60th Leg., R.S., Ch. 125, Secs. 3 (part), 4 |
|
(part).) |
|
Sec.1044.052.NOTICE OF ELECTION. At least 10 days before |
|
the date of an election of directors, notice of the election shall |
|
be published at least one time in a newspaper of general circulation |
|
in the district. (Acts 60th Leg., R.S., Ch. 125, Sec. 4 (part).) |
|
Sec.1044.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must: |
|
(1) be signed by at least 25 registered voters who |
|
reside in the district; |
|
(2) be filed at least 31 days before the date of the |
|
election; and |
|
(3) specify the county commissioners precinct the |
|
candidate wants to represent or specify that the candidate wants to |
|
represent the district at large. (Acts 60th Leg., R.S., Ch. 125, |
|
Sec. 3 (part).) |
|
Sec.1044.054.QUALIFICATIONS FOR CANDIDACY. (a) A person |
|
may not be a candidate for director from the district at large |
|
unless the person is a qualified voter of the district. |
|
(b) A person may not be a candidate for director for a county |
|
commissioners precinct unless the person is a qualified voter of |
|
that precinct. (Acts 60th Leg., R.S., Ch. 125, Sec. 3 (part).) |
|
Sec. 1044.055. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
bond for $1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) Each director's bond and constitutional oath or |
|
affirmation of office shall be deposited with the district's |
|
depository bank for safekeeping. (Acts 60th Leg., R.S., Ch. 125, |
|
Sec. 4 (part).) |
|
Sec.1044.056.BOARD VACANCY. If a vacancy occurs on the |
|
board, the majority of the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 60th Leg., R.S., Ch. 125, |
|
Sec. 4 (part).) |
|
Sec.1044.057.OFFICERS. The board shall elect: |
|
(1) a president and a secretary from among its |
|
members; and |
|
(2) any other officers the board requires. (Acts 60th |
|
Leg., R.S., Ch. 125, Sec. 4 (part).) |
|
Sec.1044.058.COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in the performance of official duties on approval of the |
|
expenses by the board. (Acts 60th Leg., R.S., Ch. 125, Sec. 4 |
|
(part).) |
|
Sec.1044.059.VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors present is sufficient in any matter |
|
relating to district business. (Acts 60th Leg., R.S., Ch. 125, Sec. |
|
4 (part).) |
|
Sec.1044.060.EMPLOYEES. The board may employ a general |
|
manager, attorneys, bookkeepers, architects, or any other |
|
employees or consultants considered necessary for the efficient |
|
financing, development, and operation of the district. (Acts 60th |
|
Leg., R.S., Ch. 125, Sec. 9 (part).) |
|
Sec.1044.061.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
Except as provided by Section 1044.055, all district records, |
|
including books, accounts, notices, minutes, and all other matters |
|
of the district and the operation of its facilities, shall be: |
|
(1) maintained at the district office; and |
|
(2) open to public inspection at the district office |
|
at all reasonable hours. (Acts 60th Leg., R.S., Ch. 125, Sec. 9 |
|
(part).) |
|
Sec.1044.062.SEAL. The board may adopt a seal for the |
|
district. (Acts 60th Leg., R.S., Ch. 125, Sec. 9 (part).) |
|
[Sections 1044.063-1044.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1044.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy and indigent residents. (Acts 60th Leg., R.S., Ch. |
|
125, Secs. 2, 14 (part).) |
|
Sec. 1044.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION. Hunt County or a political subdivision with boundaries |
|
that overlap the district's boundaries may not impose a tax on |
|
property in the district for hospital purposes. (Acts 60th Leg., |
|
R.S., Ch. 125, Sec. 14 (part).) |
|
Sec.1044.103.MEDICAL FACILITIES; LEGISLATIVE INTENT. It |
|
is the intent of the legislature that the people of Hunt County be |
|
provided with the best and most modern health care available. To |
|
achieve that intent, the district may provide a medical facility in |
|
the city of Commerce and in other areas of Hunt County if the board |
|
finds that providing a facility is feasible and in the best interest |
|
of district residents. (Acts 60th Leg., R.S., Ch. 125, Sec. 1A.) |
|
Sec.1044.104.RULES. (a) The board may adopt rules |
|
governing the operation of the district, including district |
|
facilities. |
|
(b) On approval by the board, the rules may be published in |
|
booklet form at district expense and made available to any taxpayer |
|
on request. (Acts 60th Leg., R.S., Ch. 125, Sec. 9 (part).) |
|
Sec.1044.105.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
The board may prescribe the method and manner of making purchases |
|
and expenditures by and for the district. |
|
(b) The board shall prescribe: |
|
(1) all accounting and control procedures; and |
|
(2) the method of purchasing necessary supplies, |
|
materials, and equipment. (Acts 60th Leg., R.S., Ch. 125, Sec. 9 |
|
(part).) |
|
Sec.1044.106.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property, real, personal, or mixed, |
|
located in district territory, if the interest is necessary or |
|
convenient for the district to exercise a right, power, privilege, |
|
or function conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 60th Leg., R.S., Ch. 125, Sec. |
|
11.) |
|
Sec.1044.107.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 60th Leg., R.S., Ch. 125, |
|
Sec. 16.) |
|
Sec.1044.108.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the board shall have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If an agent designated by the district to handle the |
|
inquiry determines that the patient or those relatives cannot pay |
|
all or part of the costs of the care and treatment in the hospital, |
|
the amount of the costs that cannot be paid becomes a charge against |
|
the district. |
|
(c) If the board determines that the patient or those |
|
relatives are liable to pay for all or part of the costs of the |
|
patient's care and treatment, the patient or those relatives shall |
|
be ordered to pay to the district's treasurer a specified amount |
|
each week for the patient's support. The amount ordered must be |
|
proportionate to the person's financial ability and may not exceed |
|
the actual per capita cost of maintenance. |
|
(d) The district may collect the amount from the patient's |
|
estate, or from any relative who is legally liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district's designated agent, the board shall hold |
|
a hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue an appropriate order. |
|
(f) Either party to the dispute may appeal the order to the |
|
district court. (Acts 60th Leg., R.S., Ch. 125, Sec. 15.) |
|
Sec.1044.109.AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district may sue and be sued in its own |
|
name in any court of this state. (Acts 60th Leg., R.S., Ch. 125, |
|
Sec. 18 (part).) |
|
[Sections 1044.110-1044.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1044.151.BUDGET. The board annually shall require a |
|
budget to be prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 60th Leg., R.S., Ch. 125, Sec. 10 (part).) |
|
Sec.1044.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in Hunt County not later than the |
|
10th day before the date of the hearing. |
|
(c) Any district taxpayer is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. (Acts 60th Leg., R.S., Ch. 125, Sec. 10 (part).) |
|
Sec.1044.153.FISCAL YEAR. The district operates on a |
|
fiscal year that begins on October 1 and ends on September 30. |
|
(Acts 60th Leg., R.S., Ch. 125, Sec. 10 (part).) |
|
Sec.1044.154.ANNUAL AUDIT. (a) The board annually shall |
|
have an independent audit made of the district's books and records |
|
for the fiscal year. |
|
(b) Not later than December 31 each year, the audit shall be |
|
filed: |
|
(1) with the comptroller; and |
|
(2) at the district office. (Acts 60th Leg., R.S., Ch. |
|
125, Sec. 10 (part).) |
|
Sec.1044.155.DEPOSITORY. (a) The board by resolution |
|
shall designate a bank in Hunt County as the district's depository. |
|
A designated bank serves for five years until a successor is |
|
designated. |
|
(b) All income received by the district shall be deposited |
|
with the district depository. |
|
(c) All district money shall be secured in the manner |
|
provided for securing county funds. (Acts 60th Leg., R.S., Ch. 125, |
|
Secs. 5 (part), 12.) |
|
[Sections 1044.156-1044.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1044.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 60th Leg., R.S., Ch. 125, Sec. 6 (part).) |
|
Sec.1044.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
The board shall impose an ad valorem tax at a rate sufficient to |
|
create an interest and sinking fund to pay the principal of and |
|
interest on general obligation bonds issued by the district under |
|
Section 1044.201 as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of all taxable property in the |
|
district. (Acts 60th Leg., R.S., Ch. 125, Sec. 6 (part).) |
|
Sec.1044.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting in an |
|
election held for that purpose. |
|
(b) The board may order the election on its own motion. |
|
(c) The order calling the election must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding election officers; |
|
(4) the purpose of the bond issuance; |
|
(5) the amount of the bonds to be authorized; |
|
(6) the maximum interest rate of the bonds; and |
|
(7) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the order calling the election in a newspaper of |
|
general circulation in the district once each week for two |
|
consecutive weeks before the date of the election. The first |
|
publication must occur at least 14 days before the date of the |
|
election. (Acts 60th Leg., R.S., Ch. 125, Sec. 6 (part).) |
|
Sec.1044.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 60th Leg., R.S., Ch. 125, |
|
Sec. 6 (part).) |
|
Sec.1044.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
60th Leg., R.S., Ch. 125, Sec. 6 (part).) |
|
[Sections 1044.206-1044.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1044.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the annual budget, the board shall impose a tax on all |
|
property in the district subject to district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds and other obligations issued or assumed by the district for |
|
hospital purposes; |
|
(2) provide for the operation and maintenance of the |
|
district and hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 60th Leg., R.S., Ch. 125, |
|
Secs. 5 (part), 10 (part).) |
|
Sec.1044.252.TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 60th Leg., R.S., Ch. 125, Sec. 5 |
|
(part).) |
|
Sec.1044.253.TAX ASSESSOR-COLLECTOR. The board may: |
|
(1) appoint a tax assessor-collector for the district; |
|
or |
|
(2) contract with the tax assessor-collector of Hunt |
|
County, the City of Greenville, or the Greenville Independent |
|
School District for the assessment or collection, or the assessment |
|
and collection, of taxes. (Acts 60th Leg., R.S., Ch. 125, Secs. 5 |
|
(part), 10 (part).) |
|
CHAPTER 1045. HUTCHINSON COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1045.001. DEFINITIONS |
|
Sec. 1045.002. AUTHORITY FOR OPERATION |
|
Sec. 1045.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1045.004. DISTRICT TERRITORY |
|
Sec. 1045.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1045.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1045.007-1045.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1045.051. BOARD ELECTION AND APPOINTMENT; TERM |
|
Sec. 1045.052. NOTICE OF ELECTION |
|
Sec. 1045.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1045.054. BOARD VACANCY |
|
Sec. 1045.055. OFFICERS |
|
Sec. 1045.056. COMPENSATION; EXPENSES |
|
Sec. 1045.057. VOTING REQUIREMENT |
|
Sec. 1045.058. ADMINISTRATORS |
|
Sec. 1045.059. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1045.060. ATTORNEY; ASSISTANT ADMINISTRATORS |
|
Sec. 1045.061. EMPLOYEES; APPOINTMENT OF STAFF |
|
Sec. 1045.062. RECRUITMENT OF MEDICAL STAFF AND |
|
EMPLOYEES |
|
Sec. 1045.063. HEALTH CARE EDUCATIONAL PROGRAMS |
|
Sec. 1045.064. LIABILITY INSURANCE; INDEMNIFICATION |
|
Sec. 1045.065. RETIREMENT BENEFITS |
|
[Sections 1045.066-1045.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1045.101. DISTRICT RESPONSIBILITY |
|
Sec. 1045.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION AND DEBT |
|
Sec. 1045.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1045.104. RULES |
|
Sec. 1045.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1045.106. MOBILE EMERGENCY MEDICAL SERVICE |
|
Sec. 1045.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1045.108. EMINENT DOMAIN |
|
Sec. 1045.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1045.110. GIFTS AND ENDOWMENTS |
|
Sec. 1045.111. GENERAL CONTRACT POWER |
|
Sec. 1045.112. CONSTRUCTION CONTRACTS |
|
Sec. 1045.113. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1045.114. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CERTAIN SERVICES |
|
Sec. 1045.115. JOINT OWNERSHIP ARRANGEMENT |
|
Sec. 1045.116. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1045.117. REIMBURSEMENT FOR SERVICES |
|
Sec. 1045.118. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1045.119-1045.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1045.151. BUDGET |
|
Sec. 1045.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1045.153. AMENDMENTS TO BUDGET |
|
Sec. 1045.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1045.155. FISCAL YEAR |
|
Sec. 1045.156. ANNUAL AUDIT |
|
Sec. 1045.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1045.158. FINANCIAL REPORT |
|
Sec. 1045.159. DEPOSITORY |
|
Sec. 1045.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
Sec. 1045.161. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1045.162-1045.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1045.201. OBLIGATIONS AND CREDIT AGREEMENTS |
|
Sec. 1045.202. GENERAL OBLIGATION BONDS |
|
Sec. 1045.203. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1045.204. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1045.205. REVENUE BONDS |
|
Sec. 1045.206. REFUNDING BONDS |
|
Sec. 1045.207. MATURITY OF BONDS |
|
Sec. 1045.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1045.209-1045.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1045.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1045.252. TAX RATE |
|
Sec. 1045.253. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
Sec. 1045.254. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1045. HUTCHINSON COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1045.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Hutchinson County Hospital |
|
District. (Acts 71st Leg., R.S., Ch. 77, Sec. 1.01.) |
|
Sec.1045.002.AUTHORITY FOR OPERATION. The district |
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
Constitution, and by this chapter and other laws relating to |
|
hospital districts organized under Section 9, Article IX, Texas |
|
Constitution. (Acts 71st Leg., R.S., Ch. 77, Sec. 1.02.) |
|
Sec.1045.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
a public entity performing an essential public function. (Acts |
|
71st Leg., R.S., Ch. 77, Sec. 7.11 (part).) |
|
Sec.1045.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Hutchinson County, |
|
Texas. (Acts 71st Leg., R.S., Ch. 77, Sec. 1.03.) |
|
Sec. 1045.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The state may not become obligated for the support or |
|
maintenance of the district. (Acts 71st Leg., R.S., Ch. 77, Sec. |
|
9.01 (part).) |
|
Sec.1045.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 71st Leg., R.S., Ch. 77, Sec. 9.01 (part).) |
|
[Sections 1045.007-1045.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1045.051.BOARD ELECTION AND APPOINTMENT; TERM. (a) |
|
The board is governed by the following seven directors: |
|
(1) one director elected from each county commissioner |
|
precinct; and |
|
(2) three directors appointed by the Hutchinson County |
|
Commissioners Court. |
|
(b) Elected directors serve staggered three-year terms, |
|
with as near as possible to one-third of the elected members' terms |
|
expiring each year. Appointed directors also serve staggered |
|
three-year terms, with one director's term expiring each year. |
|
(c) A directors' election shall be held on the uniform |
|
election date in May of each year to elect the appropriate number of |
|
directors. |
|
(d) Within 10 days of the date directors are elected, the |
|
commissioners court annually shall appoint the appropriate number |
|
of successor appointed directors. |
|
(e) The commissioners court may not appoint a person to |
|
serve more than two successive terms. (Acts 71st Leg., R.S., Ch. |
|
77, Secs. 4.01(a), 4.03(a), (d); New.) |
|
Sec.1045.052.NOTICE OF ELECTION. 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. (Acts 71st Leg., R.S., Ch. 77, Sec. 4.04.) |
|
Sec.1045.053.QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to be a candidate for an elected position or to serve as an |
|
elected or appointed director, a person must be: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A person who is elected from a commissioner precinct or |
|
who is appointed to fill a vacancy for a commissioner precinct must |
|
be a resident of that commissioner precinct. |
|
(c) A district employee may not serve as a director. (Acts |
|
71st Leg., R.S., Ch. 77, Sec. 4.06.) |
|
Sec.1045.054.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 71st Leg., R.S., Ch. 77, |
|
Sec. 4.07.) |
|
Sec.1045.055.OFFICERS. (a) The board shall elect a |
|
president and a vice president from among its members. |
|
(b) The board shall appoint a secretary, who need not be a |
|
director. |
|
(c) Each officer of the board serves for a term of one year. |
|
(d) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 71st Leg., R.S., Ch. 77, Secs. 4.08, 4.09.) |
|
Sec.1045.056.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 71st Leg., R.S., Ch. |
|
77, Sec. 4.10.) |
|
Sec.1045.057.VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors voting is necessary in any matter |
|
relating to district business. (Acts 71st Leg., R.S., Ch. 77, Sec. |
|
4.11.) |
|
Sec.1045.058.ADMINISTRATORS. (a) The board may appoint |
|
qualified persons to serve as: |
|
(1) district administrator; and |
|
(2) ancillary health care facilities administrator. |
|
(b) The administrators serve at the will of the board and |
|
are entitled to the compensation determined by the board. |
|
(c) Before assuming the duties of district administrator, |
|
the administrator must execute a bond in the amount set by the board |
|
of not less than $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
administrator's duties under this chapter. |
|
(d) The board may pay for the district administrator's bond |
|
with district money. (Acts 71st Leg., R.S., Ch. 77, Secs. 4.12(a) |
|
(part), (b) (part), (c) (part), (d).) |
|
Sec.1045.059.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
(a) The district administrator shall: |
|
(1) supervise the work and activities of the district |
|
facilities and the staff, employees, contractors, and agents of the |
|
district; and |
|
(2) direct the general affairs of the district subject |
|
to the limitations prescribed by the board. |
|
(b) The district administrator is responsible for the |
|
overall management of all district facilities, including ancillary |
|
health care facilities. (Acts 71st Leg., R.S., Ch. 77, Sec. 4.15.) |
|
Sec.1045.060.ATTORNEY; ASSISTANT ADMINISTRATORS. (a) |
|
The board may appoint qualified persons as: |
|
(1) the attorney for the district; and |
|
(2) assistant administrators. |
|
(b) The attorney for the district and the assistant |
|
administrators serve at the will of the board and are entitled to |
|
the compensation determined by the board. (Acts 71st Leg., R.S., |
|
Ch. 77, Secs. 4.12(a) (part), (b) (part), (c) (part).) |
|
Sec.1045.061.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as considered necessary. |
|
(b) The district may employ technicians, nurses, fiscal |
|
agents, accountants, architects, attorneys, and other necessary |
|
employees. |
|
(c) The board may delegate to the district administrator the |
|
authority to hire district employees. (Acts 71st Leg., R.S., Ch. |
|
77, Secs. 4.13, 4.14.) |
|
Sec.1045.062.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 on the district's medical staff or to be employed by the |
|
district, including: |
|
(1) advertising and marketing; |
|
(2) paying travel, recruiting, and relocation |
|
expenses; |
|
(3) providing a loan or scholarship to a physician or |
|
other person who: |
|
(A) is currently enrolled in health care |
|
education courses at an institution of higher education; and |
|
(B) contractually agrees to become a district |
|
employee or medical staff member; and |
|
(4) providing on a rent-free basis or subsidizing the |
|
cost of office space or other facilities for a health care |
|
professional, including a physician. (Acts 71st Leg., R.S., Ch. |
|
77, Sec. 5.17(a).) |
|
Sec.1045.063.HEALTH CARE EDUCATIONAL PROGRAMS. The board |
|
may spend district money, enter into agreements, and take other |
|
necessary action to conduct, participate in, or otherwise assist in |
|
providing health care educational programs for current or |
|
prospective staff members or employees. (Acts 71st Leg., R.S., Ch. |
|
77, Sec. 5.17(b).) |
|
Sec.1045.064.LIABILITY INSURANCE; INDEMNIFICATION. (a) |
|
For an officer, director, board appointee, member of the medical |
|
staff, or district employee, the board may: |
|
(1) purchase and maintain liability insurance to |
|
protect the person from liability that arises from performing a |
|
duty in that capacity; and |
|
(2) agree to defend or indemnify the person with |
|
regard to a claim, cost, expense, or liability resulting from |
|
duties performed in that capacity. |
|
(b) The board may establish a self-insurance program to fund |
|
an indemnity obligation under Subsection (a)(2). (Acts 71st Leg., |
|
R.S., Ch. 77, Sec. 5.16.) |
|
Sec.1045.065.RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 71st Leg., R.S., Ch. |
|
77, Sec. 4.16.) |
|
[Sections 1045.066-1045.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1045.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating hospital and ancillary health care |
|
facilities; and |
|
(2) providing medical, hospital, and ancillary health |
|
care for the district's needy inhabitants. (Acts 71st Leg., R.S., |
|
Ch. 77, Sec. 5.02 (part).) |
|
Sec. 1045.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION AND DEBT. Hutchinson County or a municipality in |
|
Hutchinson County may not impose a tax or issue bonds or other |
|
obligations for hospital purposes or to provide medical care for |
|
district residents. (Acts 71st Leg., R.S., Ch. 77, Sec. 5.01(b).) |
|
Sec.1045.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital |
|
system, the ancillary health care system, and the district's money |
|
and resources. (Acts 71st Leg., R.S., Ch. 77, Sec. 5.03.) |
|
Sec.1045.104.RULES. The board may adopt rules governing: |
|
(1) the operation of the hospital, ancillary health |
|
care facilities, ancillary health care system, and hospital system; |
|
and |
|
(2) the duties, functions, and responsibilities of |
|
district staff, employees, contractors, or agents. (Acts 71st |
|
Leg., R.S., Ch. 77, Sec. 5.04.) |
|
Sec.1045.105.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) accounting and control procedures for the |
|
district. (Acts 71st Leg., R.S., Ch. 77, Sec. 5.05.) |
|
Sec.1045.106.MOBILE EMERGENCY MEDICAL SERVICE. The |
|
district may operate or provide for the operation of a mobile |
|
emergency medical service. (Acts 71st Leg., R.S., Ch. 77, Sec. 5.02 |
|
(part).) |
|
Sec. 1045.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location, either inside or outside the district, of facilities |
|
required to maintain an adequate hospital system and ancillary |
|
health care system and the type of equipment necessary for hospital |
|
care and ancillary health care services, including: |
|
(1) domiciliary care and treatment of sick or injured |
|
patients; |
|
(2) geriatric services; |
|
(3) outpatient clinics; |
|
(4) rural health clinics; |
|
(5) convalescent home facilities; |
|
(6) physician's offices; |
|
(7) home health services; |
|
(8) durable medical equipment; |
|
(9) long-term care; |
|
(10) skilled nursing care; |
|
(11) intermediate nursing care; |
|
(12) hospice care; |
|
(13) ambulatory surgery centers; |
|
(14) urgent care facilities; |
|
(15) operation of a mobile emergency medical service; |
|
and |
|
(16) any other facility or equipment the board |
|
considers necessary for the delivery of hospital, medical, and |
|
ancillary health care services. |
|
(b) The board may: |
|
(1) acquire by lease, purchase, or lease to purchase |
|
property, including facilities, supplies, and equipment, for the |
|
district for use in the hospital system and ancillary health care |
|
system; and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(c) The board may lease or sell all or part of the hospital |
|
facilities or ancillary health care facilities for the district. |
|
(d) The board may lease, sell, or otherwise dispose of all |
|
or part of the district's property for the district, including |
|
facilities, supplies, or equipment, to a public or private entity. |
|
(Acts 71st Leg., R.S., Ch. 77, Sec. 5.06.) |
|
Sec.1045.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary for the district to exercise |
|
the rights or authority conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 71st Leg., R.S., Ch. 77, Sec. |
|
5.09.) |
|
Sec.1045.109.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade, or |
|
altering the construction of any railroad, highway, pipeline, or |
|
electric transmission and electric distribution, telegraph, or |
|
telephone line, conduit, pole, or facility, the district must bear |
|
the actual cost of relocating, raising, lowering, rerouting, |
|
changing the grade, or altering the construction to provide |
|
comparable replacement without enhancement of facilities, after |
|
deducting the net salvage value derived from the old facility. |
|
(Acts 71st Leg., R.S., Ch. 77, Sec. 5.10.) |
|
Sec.1045.110.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for any |
|
purpose and under any written direction, limitation, or provision |
|
prescribed in writing by the donor that is consistent with the |
|
authority and proper management of the district. (Acts 71st Leg., |
|
R.S., Ch. 77, Sec. 5.14.) |
|
Sec.1045.111.GENERAL CONTRACT POWER. The board may |
|
contract for the district. (Acts 71st Leg., R.S., Ch. 77, Sec. |
|
5.07(a).) |
|
Sec.1045.112.CONSTRUCTION CONTRACTS. (a) The board may |
|
enter into construction contracts for the district. |
|
(b) The board may enter into a construction contract that |
|
involves the expenditure of more than the amount provided by |
|
Section 271.024, Local Government Code, only after competitive |
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
Code, or other applicable law. (Acts 71st Leg., R.S., Ch. 77, Sec. |
|
5.07(b).) |
|
Sec.1045.113.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract for the |
|
district with one or more public or private entities relating to a |
|
hospital or ancillary health care facility or service. (Acts 71st |
|
Leg., R.S., Ch. 77, Sec. 5.08.) |
|
Sec. 1045.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CERTAIN SERVICES. The board may contract with a political |
|
subdivision of this state, a state, the federal government, an |
|
agency or political subdivision of those public entities, or a |
|
charitable or other private entity for the district to: |
|
(1) furnish a mobile emergency medical service; or |
|
(2) provide for the investigatory or welfare needs of |
|
district inhabitants or of persons for whom the public or private |
|
entity has an obligation to provide care. (Acts 71st Leg., R.S., |
|
Ch. 77, Sec. 5.13.) |
|
Sec.1045.115.JOINT OWNERSHIP ARRANGEMENT. (a) The board |
|
may enter into a joint ownership arrangement for the district with |
|
one or more public or private entities for: |
|
(1) the provision of management or operating services; |
|
and |
|
(2) the ownership of all or part of real property, |
|
facilities, equipment, or supplies. |
|
(b) Before the board enters into the arrangement, the board |
|
must determine that the arrangement is: |
|
(1) in the district's best interest; and |
|
(2) for a public purpose of the district. (Acts 71st |
|
Leg., R.S., Ch. 77, Sec. 5.19.) |
|
Sec.1045.116.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient is admitted to a district facility, the district |
|
administrator may have an inquiry made into the financial |
|
circumstances of: |
|
(1) the patient; and |
|
(2) a relative of the patient who is legally |
|
responsible for the patient's support. |
|
(b) The district without charge shall provide to a patient |
|
who resides in the district the care and treatment that the patient |
|
or a relative of the patient who is legally responsible for the |
|
patient's support cannot pay. |
|
(c) On determining that the patient or a relative legally |
|
responsible for the patient's support can pay for all or part of the |
|
care and treatment provided by the district, the district |
|
administrator shall report that determination to the board, and the |
|
board shall issue an order directing the patient or the relative to |
|
pay the district a specified amount each week. The amount must be |
|
based on the individual's ability to pay. |
|
(d) The district administrator may collect money owed to the |
|
district from the patient's estate or from that of a relative who |
|
was legally responsible for the patient's support in the manner |
|
provided by law for collection of expenses of the last illness of a |
|
deceased person. |
|
(e) If there is a dispute relating to an individual's |
|
ability to pay or if the district administrator has any doubt |
|
concerning an individual's ability to pay, the board shall: |
|
(1) call witnesses; |
|
(2) hear and resolve the question; and |
|
(3) issue a final order. |
|
(f) The final order of the board may be appealed to a |
|
district court in Hutchinson County. The substantial evidence rule |
|
applies to the appeal. (Acts 71st Leg., R.S., Ch. 77, Secs. |
|
5.11(a), (c), (d), (e), (f).) |
|
Sec.1045.117.REIMBURSEMENT FOR SERVICES. (a) The board |
|
shall require a county, municipality, or public hospital located |
|
outside the district to reimburse the district for the district's |
|
care and treatment of a sick or injured person of that county, |
|
municipality, or public hospital as provided by Chapter 61, Health |
|
and Safety Code. |
|
(b) The board shall require the sheriff of Hutchinson County |
|
or the police chief of a municipality in Hutchinson County to |
|
reimburse the district for the district's care and treatment of a |
|
person who is confined in a jail facility of Hutchinson County or |
|
the municipality and is not a resident of the district. |
|
(c) The board may contract with this or another state, the |
|
federal government, or an agency or political subdivision of this |
|
or another state or of the federal government to reimburse the |
|
district for the care and treatment of a sick or injured person. |
|
(Acts 71st Leg., R.S., Ch. 77, Sec. 5.12.) |
|
Sec.1045.118.AUTHORITY TO SUE AND BE SUED. The board may |
|
sue and be sued on behalf of the district. (Acts 71st Leg., R.S., |
|
Ch. 77, Sec. 5.15.) |
|
[Sections 1045.119-1045.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1045.151.BUDGET. (a) The district administrator |
|
shall prepare a proposed annual budget for the district. |
|
(b) The proposed budget must contain a complete financial |
|
statement, including a statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand in each district fund; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 71st Leg., |
|
R.S., Ch. 77, Sec. 6.04.) |
|
Sec.1045.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) The board shall publish notice of the hearing in a |
|
newspaper with general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board considers proper to provide adequate care and |
|
treatment at a district hospital or ancillary health care facility. |
|
(e) The budget is effective only after adoption by the |
|
board. (Acts 71st Leg., R.S., Ch. 77, Sec. 6.05.) |
|
Sec.1045.153.AMENDMENTS TO BUDGET. After the annual |
|
budget is adopted, the budget may be amended on the board's |
|
approval. (Acts 71st Leg., R.S., Ch. 77, Sec. 6.06.) |
|
Sec.1045.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 71st Leg., R.S., Ch. 77, Sec. 6.07.) |
|
Sec.1045.155.FISCAL YEAR. The district operates on the |
|
fiscal year established by the board. (Acts 71st Leg., R.S., Ch. |
|
77, Sec. 6.01.) |
|
Sec.1045.156.ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial records, accounts, and |
|
transactions. (Acts 71st Leg., R.S., Ch. 77, Sec. 6.02.) |
|
Sec. 1045.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records are open to |
|
inspection during regular business hours at the district's |
|
principal office. (Acts 71st Leg., R.S., Ch. 77, Sec. 6.03.) |
|
Sec.1045.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of the fiscal year, the district administrator or |
|
other district agent responsible for the district's financial |
|
affairs shall prepare for the board: |
|
(1) a sworn statement of the amount of district money; |
|
and |
|
(2) an account of the disbursements of that money. |
|
(Acts 71st Leg., R.S., Ch. 77, Sec. 6.08.) |
|
Sec.1045.159.DEPOSITORY. (a) The board shall select at |
|
least one bank to serve as a depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1045.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. This subsection does not limit the power of the board to |
|
place a part of district money on time deposit or to purchase |
|
certificates of deposit. |
|
(c) The district may not deposit money with a bank or |
|
purchase a certificate of deposit from a bank in an amount that |
|
exceeds the maximum amount secured by the Federal Deposit Insurance |
|
Corporation unless the bank first executes a bond or provides other |
|
collateral eligible to secure a public deposit in an amount |
|
sufficient to secure from loss the district money that exceeds the |
|
amount secured by the Federal Deposit Insurance Corporation. (Acts |
|
71st Leg., R.S., Ch. 77, Sec. 6.10.) |
|
Sec.1045.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as provided by Sections 1045.112, 1045.202, 1045.205, and |
|
1045.206, the district may not incur a debt payable from district |
|
revenue other than the revenue on hand or to be on hand in the |
|
current and immediately following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves in: |
|
(1) funds or securities specified by Chapter 2256, |
|
Government Code; or |
|
(2) any other investment vehicle or fund if the board |
|
determines that investing the reserves in that vehicle or fund: |
|
(A) is in the district's best interest; and |
|
(B) does not violate the Texas Constitution. |
|
(Acts 71st Leg., R.S., Ch. 77, Sec. 6.09.) |
|
Sec.1045.161.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
The board may borrow money for district operating expenses in an |
|
amount not to exceed the amount of tax or other revenue the district |
|
expects to receive during the fiscal year in which the money is |
|
borrowed. |
|
(b) To repay the debt, the board may pledge all or part of |
|
the tax or other revenue received during the fiscal year in which |
|
the board borrows money under this section. (Acts 71st Leg., R.S., |
|
Ch. 77, Sec. 5.18.) |
|
[Sections 1045.162-1045.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1045.201.OBLIGATIONS AND CREDIT AGREEMENTS. The |
|
district may issue, sell, and deliver obligations and execute |
|
credit agreements as provided by Chapters 1201 and 1371, Government |
|
Code. (Acts 71st Leg., R.S., Ch. 77, Sec. 7.07.) |
|
Sec.1045.202.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds authorized by an election |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, equip, or |
|
renovate buildings, facilities, equipment, or improvements for |
|
hospital purposes, including facilities and improvements |
|
incidental and beneficial to operating and maintaining hospitals |
|
and ancillary facilities that provide medical and ancillary health |
|
care services and treatment; or |
|
(2) acquire and operate a mobile emergency medical |
|
service. (Acts 71st Leg., R.S., Ch. 77, Sec. 7.01.) |
|
Sec.1045.203.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1045.202, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 71st Leg., R.S., Ch. 77, Sec. 7.02.) |
|
Sec.1045.204.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order a bond election. |
|
(c) The order calling the election must specify: |
|
(1) the nature and date of the election; |
|
(2) the hours during which the polls will be open; |
|
(3) the location of the polling places; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. |
|
(e) The board shall declare the results of the election. |
|
(Acts 71st Leg., R.S., Ch. 77, Sec. 7.03.) |
|
Sec.1045.205.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, equip, or |
|
renovate buildings or improvements for hospital and ancillary |
|
health care purposes; |
|
(2) acquire sites to be used for hospital and |
|
ancillary health care purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service to assist the district in carrying out its hospital and |
|
ancillary health care purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority, |
|
or in accordance with other laws relating to the issuance of revenue |
|
bonds by a hospital district. (Acts 71st Leg., R.S., Ch. 77, Sec. |
|
7.04.) |
|
Sec.1045.206.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding bonds issued or assumed by |
|
the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the bonds to be refunded; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 71st |
|
Leg., R.S., Ch. 77, Secs. 7.05(a), (c) (part).) |
|
Sec.1045.207.MATURITY OF BONDS. District bonds must |
|
mature not later than 50 years after the date of issuance. (Acts |
|
71st Leg., R.S., Ch. 77, Sec. 7.06 (part).) |
|
Sec.1045.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 71st |
|
Leg., R.S., Ch. 77, Sec. 7.11 (part).) |
|
[Sections 1045.209-1045.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1045.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all property in the district subject to district |
|
taxation. |
|
(b) The tax may be used to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 71st |
|
Leg., R.S., Ch. 77, Secs. 8.01(a) (part), (c), (d), 8.03(b).) |
|
Sec.1045.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters at the |
|
election authorizing the imposition of the tax. |
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
each $100 valuation of all taxable property in the district. |
|
(c) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 71st |
|
Leg., R.S., Ch. 77, Secs. 8.01(a) (part), (b), 8.04 (part).) |
|
Sec.1045.253.ELECTION TO INCREASE MAXIMUM TAX RATE. (a) |
|
The board may order an election to increase the district's maximum |
|
ad valorem tax rate to a rate of not more than 75 cents on each $100 |
|
valuation of the taxable property in the district. The board shall |
|
order an election if the board receives a petition requesting an |
|
election that is signed by at least 50 qualified voters of the |
|
district. |
|
(b) The ballot for the election shall be printed to permit |
|
voting for or against the proposition: "The imposition of annual |
|
taxes by the district for hospital purposes at a rate not to exceed |
|
_____ (insert amount not to exceed 75 cents) cents on the $100 |
|
valuation of all taxable property in the district." |
|
(c) If the board finds that the election results favor the |
|
proposition, the board may impose taxes as authorized by the |
|
proposition. If the board finds that the election results do not |
|
favor the proposition, another election on the question of raising |
|
the district's maximum tax rate may not be held before the first |
|
anniversary of the date of the most recent election at which voters |
|
disapproved the proposition. |
|
(d) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 71st Leg., R.S., Ch. 77, |
|
Secs. 8.02(a), (b) (part), (c) (part), (d) (part).) |
|
Sec.1045.254.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 77, Sec. |
|
8.05(b).) |
|
CHAPTER 1046. JACKSON COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1046.001. DEFINITIONS |
|
Sec. 1046.002. AUTHORITY FOR OPERATION |
|
Sec. 1046.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1046.004. DISTRICT TERRITORY |
|
Sec. 1046.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1046.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
Sec. 1046.007. ELECTION DATE |
|
[Sections 1046.008-1046.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1046.051. BOARD ELECTION; TERM |
|
Sec. 1046.052. NOTICE OF ELECTION |
|
Sec. 1046.053. FORM OF BALLOT AT RUNOFF ELECTION |
|
Sec. 1046.054. MODIFICATION OF TERM |
|
Sec. 1046.055. QUALIFICATIONS FOR OFFICE |
|
Sec. 1046.056. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION OF OFFICE |
|
Sec. 1046.057. BOARD VACANCY |
|
Sec. 1046.058. OFFICERS |
|
Sec. 1046.059. COMPENSATION; EXPENSES |
|
Sec. 1046.060. VOTING REQUIREMENT |
|
Sec. 1046.061. ADMINISTRATOR FOR EACH DISTRICT |
|
HOSPITAL |
|
Sec. 1046.062. APPOINTMENT AND REMOVAL OF STAFF AND |
|
EMPLOYEES |
|
Sec. 1046.063. ATTORNEY; ASSISTANT HOSPITAL |
|
ADMINISTRATOR |
|
Sec. 1046.064. GENERAL DUTIES OF ADMINISTRATOR |
|
Sec. 1046.065. RETIREMENT BENEFITS |
|
Sec. 1046.066. SEAL |
|
[Sections 1046.067-1046.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1046.101. DISTRICT RESPONSIBILITY |
|
Sec. 1046.102. BOARD RESPONSIBILITY |
|
Sec. 1046.103. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1046.104. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1046.105. HOSPITAL SYSTEM |
|
Sec. 1046.106. RULES |
|
Sec. 1046.107. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1046.108. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1046.109. EMINENT DOMAIN |
|
Sec. 1046.110. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1046.111. GIFTS AND ENDOWMENTS |
|
Sec. 1046.112. CONSTRUCTION CONTRACTS |
|
Sec. 1046.113. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1046.114. CONTRACT IN NAME OF DISTRICT |
|
Sec. 1046.115. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1046.116. PROVISION OF SERVICES OUTSIDE DISTRICT |
|
Sec. 1046.117. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1046.118. LEASES |
|
Sec. 1046.119. AUTHORITY TO SELL OR CLOSE CERTAIN |
|
DISTRICT HOSPITALS |
|
Sec. 1046.120. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1046.121. AUTHORITY TO SUE AND BE SUED |
|
Sec. 1046.122. RECOMMENDATION OF LEGISLATION; NOTICE |
|
[Sections 1046.123-1046.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1046.151. BUDGET |
|
Sec. 1046.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1046.153. AMENDMENTS TO BUDGET |
|
Sec. 1046.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1046.155. FISCAL YEAR |
|
Sec. 1046.156. ANNUAL AUDIT |
|
Sec. 1046.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1046.158. FINANCIAL REPORT |
|
Sec. 1046.159. DEPOSITORY |
|
Sec. 1046.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
Sec. 1046.161. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1046.162-1046.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1046.201. GENERAL OBLIGATION BONDS |
|
Sec. 1046.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1046.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1046.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1046.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1046.206. REVENUE BONDS |
|
Sec. 1046.207. REFUNDING BONDS |
|
Sec. 1046.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1046.209-1046.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1046.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1046.252. TAX RATE |
|
Sec. 1046.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR |
|
Sec. 1046.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1046. JACKSON COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1046.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Jackson County Hospital |
|
District. (New.) |
|
Sec.1046.002.AUTHORITY FOR OPERATION. The district |
|
operates and is administered and financed in accordance with |
|
Section 9, Article IX, Texas Constitution, and has the rights, |
|
powers, and duties provided by this chapter. (Acts 66th Leg., R.S., |
|
Ch. 275, Sec. 1 (part).) |
|
Sec.1046.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 66th Leg., R.S., Ch. 275, Sec. 23 (part).) |
|
Sec.1046.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Jackson County. |
|
(Acts 66th Leg., R.S., Ch. 275, Sec. 1 (part).) |
|
Sec. 1046.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 66th |
|
Leg., R.S., Ch. 275, Sec. 22 (part).) |
|
Sec.1046.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 66th Leg., R.S., Ch. 275, Sec. 22 (part).) |
|
Sec.1046.007.ELECTION DATE. Section 41.001(a), Election |
|
Code, does not apply to an election held under this chapter. (Acts |
|
66th Leg., R.S., Ch. 275, Secs. 3(a) (part), 7(a) (part).) |
|
[Sections 1046.008-1046.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1046.051.BOARD ELECTION; TERM. (a) The board |
|
consists of nine directors elected from the district by position as |
|
follows: |
|
(1) two directors from each commissioners precinct; |
|
and |
|
(2) one director from the district at large. |
|
(b) To be elected, a candidate must receive a majority of |
|
the votes cast in the election for that position. |
|
(c) The board shall declare the results of a district |
|
election. |
|
(d) Unless different terms are established under Section |
|
1046.054, directors serve staggered two-year terms as follows: |
|
(1) directors elected to even-numbered positions are |
|
elected in even-numbered years; and |
|
(2) directors elected to odd-numbered positions and |
|
the director elected at large are elected in odd-numbered years. |
|
(Acts 66th Leg., R.S., Ch. 275, Secs. 4(d) (part), (e) (part).) |
|
Sec.1046.052.NOTICE OF ELECTION. (a) Except as provided |
|
by Subsection (b), at least 30 days before the date of an election |
|
of directors, the board shall publish notice of the election one |
|
time in a newspaper or newspapers that individually or collectively |
|
have general circulation in the district. |
|
(b) At least seven days before the date of a runoff election |
|
of directors, the board shall publish notice of the election one |
|
time in a newspaper or newspapers that individually or collectively |
|
have general circulation in the area of the runoff election. (Acts |
|
66th Leg., R.S., Ch. 275, Secs. 4(d) (part), (e) (part).) |
|
Sec.1046.053.FORM OF BALLOT AT RUNOFF ELECTION. Of the |
|
names printed on the ballot at a runoff election, the name of the |
|
candidate who received the higher number of votes at the general |
|
election of directors must be printed first on the ballot. (Acts |
|
66th Leg., R.S., Ch. 275, Sec. 4(d) (part).) |
|
Sec.1046.054.MODIFICATION OF TERM. (a) Notwithstanding |
|
Section 1046.051, the board, on its own motion, may order that |
|
directors serve staggered three-year or four-year terms. After an |
|
initial change under this section from staggered two-year terms, |
|
the board may not change the terms again. |
|
(b) If the board orders four-year terms, the directors are |
|
to be elected in accordance with Section 285.081, Health and Safety |
|
Code. |
|
(c) If the board orders staggered three-year terms, |
|
directors are to be elected as follows: |
|
(1) if the first election that occurs at least 120 days |
|
after the date the order is entered is an election in an |
|
even-numbered year: |
|
(A) the four directors elected at that election |
|
shall draw lots to determine the three directors that serve |
|
three-year terms and the director that serves a two-year term; |
|
(B) the at-large director elected at the first |
|
odd-numbered year election after the order is entered serves a |
|
three-year term; and |
|
(C) the four other directors elected at the first |
|
odd-numbered year election after the order is entered shall draw |
|
lots to determine which two directors serve three-year terms and |
|
which two directors serve one-year terms; and |
|
(2) if the first election that occurs at least 120 days |
|
after the date the order is entered is an election in an |
|
odd-numbered year: |
|
(A) the at-large director elected at that |
|
election serves a three-year term; |
|
(B) the four other directors elected at that |
|
election shall draw lots to determine the two directors that serve |
|
three-year terms and the two directors that serve two-year terms; |
|
and |
|
(C) the four directors elected at the first |
|
even-numbered year election after the order is entered shall draw |
|
lots to determine which three directors serve three-year terms and |
|
which director serves a one-year term. (Acts 66th Leg., R.S., Ch. |
|
275, Sec. 4A.) |
|
Sec.1046.055.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A director elected or appointed to represent a |
|
commissioners precinct must be a resident of that commissioners |
|
precinct. Failure of the director to maintain residence in the |
|
commissioners precinct is a ground for removal from office in the |
|
manner provided by law for removal of county officers. |
|
(c) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) an administrator for the district or a district |
|
hospital; |
|
(2) the attorney for the district; or |
|
(3) a district employee. (Acts 66th Leg., R.S., Ch. |
|
275, Sec. 4(f).) |
|
Sec. 1046.056. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
OF OFFICE. (a) As soon as practicable after a director is elected |
|
or appointed, the director shall execute a bond for $5,000 that is: |
|
(1) approved by the board; |
|
(2) payable to the district; and |
|
(3) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district may pay for a director's bond with district |
|
money. |
|
(c) Each director's bond and constitutional oath or |
|
affirmation of office shall be filed with the board and retained in |
|
the board's records. (Acts 66th Leg., R.S., Ch. 275, Secs. 19(i), |
|
(j), (l).) |
|
Sec.1046.057.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 66th Leg., R.S., Ch. 275, |
|
Sec. 4(e) (part).) |
|
Sec.1046.058.OFFICERS. (a) The board shall elect a |
|
president, vice president, and secretary from among its members. |
|
(b) Each officer of the board serves for a term of one year. |
|
(c) The board may require an officer to execute a bond that |
|
is payable to the district and conditioned on the faithful |
|
performance of the officer's duties. The board may pay for the bond |
|
with district money. |
|
(d) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 66th Leg., R.S., Ch. 275, Secs. 4(g) (part), |
|
19(d) (part).) |
|
Sec.1046.059.COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for travel or other |
|
expenses incurred on the district's behalf if: |
|
(1) the director presents a verified statement; and |
|
(2) the board approves the expenses. (Acts 66th Leg., |
|
R.S., Ch. 275, Sec. 19(h).) |
|
Sec.1046.060.VOTING REQUIREMENT. Except as provided by |
|
Sections 1046.119 and 1046.122, a concurrence of five directors is |
|
required in any matter relating to district business. (Acts 66th |
|
Leg., R.S., Ch. 275, Sec. 4(g) (part).) |
|
Sec.1046.061.ADMINISTRATOR FOR EACH DISTRICT HOSPITAL. |
|
(a) The board may appoint a qualified administrator for each |
|
district hospital. |
|
(b) An administrator serves at the will of the board and is |
|
entitled to the compensation determined by the board. |
|
(c) On assuming the duties of an administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(d) The board may pay for the bond with district money. |
|
(Acts 66th Leg., R.S., Ch. 275, Sec. 5 (part).) |
|
Sec. 1046.062. APPOINTMENT AND REMOVAL OF STAFF AND |
|
EMPLOYEES. (a) The board may appoint to the staff any doctors the |
|
board considers necessary for the efficient operation of the |
|
district and may make temporary appointments as necessary. |
|
(b) The board shall employ or contract with persons the |
|
board considers necessary or advisable to conduct district affairs, |
|
including a hospital administrator for the district or for each |
|
facility and nurses, medical technicians, engineers, architects, |
|
attorneys, financial advisors, accountants, fiscal agents, |
|
bookkeepers, auditors, and secretaries. |
|
(c) The board shall determine the powers, duties, term of |
|
employment, and compensation of all employees and consultants by |
|
contract or by resolution or order of the board. The board may |
|
terminate the employment of any district employee. |
|
(d) The board may delegate to an administrator the authority |
|
to hire and discharge district or hospital employees, including |
|
doctors, nurses, and technicians, or to appoint and remove staff |
|
doctors under bylaws and rules. |
|
(e) The board may require any employee to execute a bond |
|
payable to the district and conditioned on the faithful performance |
|
of the employee's duties. The board may pay for the bond with |
|
district money. (Acts 66th Leg., R.S., Ch. 275, Secs. 5 (part), |
|
18(c) (part), 19(a) (part), (b), (c), (d) (part).) |
|
Sec.1046.063.ATTORNEY; ASSISTANT HOSPITAL ADMINISTRATOR. |
|
(a) The board may appoint: |
|
(1) an attorney for the district; and |
|
(2) a qualified assistant administrator for each |
|
district hospital. |
|
(b) The attorney for the district and an assistant hospital |
|
administrator serve at the will of the board and shall receive the |
|
compensation determined by the board. (Acts 66th Leg., R.S., Ch. |
|
275, Sec. 5 (part).) |
|
Sec.1046.064.GENERAL DUTIES OF ADMINISTRATOR. (a) The |
|
board may delegate to the administrator for the district or the |
|
administrators for each district hospital the power to manage and |
|
operate all or any part of the hospital system. |
|
(b) Subject to the limitations prescribed by the board, the |
|
administrator for each district hospital shall: |
|
(1) supervise the work and activities of the hospital; |
|
and |
|
(2) direct the affairs of the hospital. (Acts 66th |
|
Leg., R.S., Ch. 275, Secs. 5 (part), 18(c) (part).) |
|
Sec.1046.065.RETIREMENT BENEFITS. The district may |
|
provide retirement benefits for district employees by: |
|
(1) creating and administering a public retirement |
|
system for the district; |
|
(2) participating in the Texas County and District |
|
Retirement System; or |
|
(3) purchasing annuity contracts from an insurer or |
|
annuity company authorized to engage in business in this state. |
|
(Acts 66th Leg., R.S., Ch. 275, Sec. 15 (part).) |
|
Sec.1046.066.SEAL. The board shall adopt a seal for the |
|
district. (Acts 66th Leg., R.S., Ch. 275, Sec. 19(g).) |
|
[Sections 1046.067-1046.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1046.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 66th Leg., R.S., Ch. 275, Sec. |
|
20 (part).) |
|
Sec.1046.102.BOARD RESPONSIBILITY. The board shall |
|
provide for the administration, maintenance, and operation of a |
|
hospital transferred to the district to furnish adequate medical |
|
and hospital care in the district and to ensure that the hospital is |
|
provided with sufficient money, personnel, and equipment for |
|
district residents to have access to quality and competent health |
|
facilities. (Acts 66th Leg., R.S., Ch. 275, Sec. 20 (part).) |
|
Sec. 1046.103. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision other than the district |
|
may not impose a tax or issue bonds or other obligations for |
|
hospital purposes or to provide medical care in the district. (Acts |
|
66th Leg., R.S., Ch. 275, Sec. 20 (part).) |
|
Sec.1046.104.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall: |
|
(1) manage and control all district affairs; and |
|
(2) manage, control, and administer the hospital |
|
system and the district's money and resources. (Acts 66th Leg., |
|
R.S., Ch. 275, Secs. 5 (part), 19(a) (part).) |
|
Sec.1046.105.HOSPITAL SYSTEM. (a) The district shall |
|
provide for the establishment of a hospital system by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and equipment; |
|
(2) equipping for hospital and medical care purposes; |
|
and |
|
(3) administering the system for hospital purposes. |
|
(b) The hospital system may include: |
|
(1) domiciliary care and treatment of the sick, |
|
injured, or geriatric; |
|
(2) outpatient clinics; |
|
(3) dispensaries; |
|
(4) convalescent home facilities; |
|
(5) necessary nurses; |
|
(6) domiciliaries and training centers; |
|
(7) blood banks; |
|
(8) community health centers; |
|
(9) research centers or laboratories; and |
|
(10) any other facilities the board considers |
|
necessary for hospital and medical care. (Acts 66th Leg., R.S., Ch. |
|
275, Secs. 2, 18(a) (part), 20 (part).) |
|
Sec.1046.106.RULES. (a) The board may adopt rules |
|
governing the operation of the hospital, the hospital system, and |
|
the district's staff and employees. |
|
(b) The board shall adopt reasonable and necessary rules and |
|
bylaws to govern: |
|
(1) the board's proceedings and activities; and |
|
(2) the hospitals or the hospital or medical system. |
|
(Acts 66th Leg., R.S., Ch. 275, Secs. 5 (part), 19(e).) |
|
Sec.1046.107.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 66th |
|
Leg., R.S., Ch. 275, Sec. 9(b) (part).) |
|
Sec. 1046.108. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system. |
|
(b) The board may purchase all necessary materials, |
|
supplies, equipment, and vehicles. |
|
(c) The district may: |
|
(1) acquire equipment for use in the district's |
|
hospital system; and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(d) Except as provided by Section 1046.119, the district may |
|
sell or otherwise dispose of any property, including equipment, on |
|
terms the board finds are in the best interest of the district's |
|
inhabitants. (Acts 66th Leg., R.S., Ch. 275, Secs. 9(a) (part), (b) |
|
(part), 18(a) (part), 19(f).) |
|
Sec.1046.109.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary or convenient for the |
|
district to exercise a power, right, or privilege conferred by this |
|
chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 66th Leg., R.S., Ch. 275, Sec. |
|
13(a).) |
|
Sec.1046.110.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of any railroad, electric transmission, |
|
telegraph or telephone line, conduit, pole, or facility, or |
|
pipeline, the district must bear the actual cost of relocating, |
|
raising, lowering, rerouting, changing the grade, or altering the |
|
construction to provide comparable replacement without enhancement |
|
of facilities, after deducting the net salvage value derived from |
|
the old facility. (Acts 66th Leg., R.S., Ch. 275, Sec. 13(b).) |
|
Sec.1046.111.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for the |
|
purposes and under the directions, limitations, or other provisions |
|
prescribed in writing by the donor that are consistent with the |
|
proper management and objectives of the district. (Acts 66th Leg., |
|
R.S., Ch. 275, Sec. 17.) |
|
Sec.1046.112.CONSTRUCTION CONTRACTS. A construction |
|
contract that involves the expenditure of more than $10,000 may be |
|
made only after advertising in the manner provided by Subchapter B, |
|
Chapter 271, Local Government Code. (Acts 66th Leg., R.S., Ch. 275, |
|
Sec. 9(b) (part).) |
|
Sec.1046.113.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district hospital or the hospital system. (Acts 66th Leg., |
|
R.S., Ch. 275, Sec. 18(c) (part).) |
|
Sec.1046.114.CONTRACT IN NAME OF DISTRICT. The district |
|
shall contract in the name of the district. (Acts 66th Leg., R.S., |
|
Ch. 275, Sec. 19(a) (part).) |
|
Sec. 1046.115. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries to |
|
reimburse the district for the care and treatment of a sick or |
|
injured person of that county or municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for reimbursement for the treatment of a sick or injured |
|
person. (Acts 66th Leg., R.S., Ch. 275, Sec. 5 (part).) |
|
Sec.1046.116.PROVISION OF SERVICES OUTSIDE DISTRICT. The |
|
district may provide health care services outside the district's |
|
boundaries provided that the services serve the purposes of the |
|
district. (Acts 66th Leg., R.S., Ch. 275, Sec. 5 (part).) |
|
Sec. 1046.117. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district |
|
to provide investigatory or other services as to facilities for |
|
the medical care, hospital, or welfare needs of district |
|
inhabitants. (Acts 66th Leg., R.S., Ch. 275, Sec. 5 (part).) |
|
Sec.1046.118.LEASES. (a) The board may lease all or part |
|
of the facilities comprising the hospitals or hospital system on |
|
terms the board considers to be in the district's best interest. |
|
(b) When leasing a facility, the board may delegate as it |
|
considers appropriate the board's power to manage, control, and |
|
administer the leased facilities to furnish hospital and medical |
|
care. |
|
(c) For each leased facility, the lease must require the |
|
lessee to charge rates for services rendered or goods provided at |
|
the leased premises that, together with other sources of the |
|
lessee's revenue, produce an amount sufficient to enable the lessee |
|
to pay the expenses of operating and maintaining the leased |
|
premises required of the lessee under the lease. The lease must |
|
also require the lessee to pay lease rentals to the district that |
|
will be sufficient when taken with any other sources of the |
|
district's estimated revenue that are pledged for the same purposes |
|
to: |
|
(1) pay the interest on any revenue or special |
|
obligation bonds that are payable wholly or partly from the lease |
|
rentals; |
|
(2) create and maintain a sinking fund to pay the |
|
principal of and premium, if any, on the bonds as they become due; |
|
(3) create and maintain a bond reserve fund and any |
|
other fund provided for in the bond order, resolution, or trust |
|
indenture authorizing the issuance of the bonds; and |
|
(4) pay all other charges, fees, costs, and expenses |
|
the lessee is required to pay under the resolution or indenture. |
|
(d) The lease, management agreement, bond resolution, or |
|
trust indenture may prescribe systems, methods, routines, |
|
procedures, and policies for the operation of the facilities owned |
|
by the district. |
|
(e) A lease of a district hospital must require the lessee |
|
to operate the hospital in a manner that complies with the |
|
requirements of this chapter that would apply to the board if the |
|
board were operating the hospital. (Acts 66th Leg., R.S., Ch. 275, |
|
Sec. 18(d) (part).) |
|
Sec. 1046.119. AUTHORITY TO SELL OR CLOSE CERTAIN DISTRICT |
|
HOSPITALS. (a) The board may not sell or close a hospital |
|
transferred to the district by the Edna Hospital District unless |
|
the sale or closing is approved by a two-thirds majority vote of the |
|
district voters voting at an election held for that purpose. A |
|
concurrence of seven directors is required to call the election. |
|
(b) The board may not call another election before the first |
|
anniversary of the date of a previous election held under this |
|
section. (Acts 66th Leg., R.S., Ch. 275, Secs. 4(g) (part), 9(a) |
|
(part).) |
|
Sec.1046.120.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the administrator for the hospital to which the patient |
|
is admitted may have an inquiry made into the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the administrator determines that the patient or |
|
those relatives cannot pay all or part of the costs of the care and |
|
treatment in the hospital, the amount of the costs that cannot be |
|
paid becomes a charge against the district. |
|
(c) If the administrator determines that the patient or |
|
those relatives can pay for all or part of the costs of the |
|
patient's care and treatment, the patient or those relatives shall |
|
be ordered to pay the district a specified amount each week for the |
|
patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The administrator may collect the amount from the |
|
patient's estate, or from any relative who is legally liable for the |
|
patient's support, in the manner provided by law for the collection |
|
of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the administrator, the board shall hold a hearing |
|
and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue a final order. |
|
(f) A final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 66th Leg., R.S., Ch. 275, Sec. 16.) |
|
Sec.1046.121.AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 66th Leg., R.S., Ch. |
|
275, Sec. 5 (part).) |
|
Sec.1046.122.RECOMMENDATION OF LEGISLATION; NOTICE. (a) |
|
The board may not recommend to the legislature legislation to amend |
|
this chapter unless the recommendation is approved by a concurrence |
|
of seven directors. |
|
(b) The board shall give notice of the date, hour, place, |
|
and subject of a meeting at which the recommendation of legislation |
|
will be discussed in accordance with the open meetings law, Chapter |
|
551, Government Code, except that the board shall furnish to the |
|
county clerk the notice required by Section 551.054, Government |
|
Code, at least 30 days before the date of the meeting. |
|
(c) The notice must be published in a newspaper of general |
|
circulation in the district once a week for four weeks. The first |
|
publication must occur at least 30 days before the date of the |
|
meeting. (Acts 66th Leg., R.S., Ch. 275, Secs. 4(g) (part), 21.) |
|
[Sections 1046.123-1046.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1046.151.BUDGET. (a) Each administrator shall |
|
prepare an annual budget for each hospital for which that person is |
|
the administrator. The board shall combine these budgets into a |
|
single budget for the district. |
|
(b) The proposed budget for the district must contain a |
|
complete financial statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand in each district fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 66th Leg., |
|
R.S., Ch. 275, Sec. 6 (part).) |
|
Sec.1046.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) Notice of the hearing must be published in a newspaper |
|
of general circulation in the district one time at least 10 days |
|
before the date of the hearing. |
|
(c) Any district resident or taxpayer is entitled to be |
|
present and participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the administrators. |
|
The board may make any changes in the proposed budget that the board |
|
judges to be in the interests of the taxpayers and that the law |
|
warrants. (Acts 66th Leg., R.S., Ch. 275, Sec. 6 (part).) |
|
Sec.1046.153.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 66th Leg., R.S., Ch. 275, Sec. 6 (part).) |
|
Sec.1046.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 66th Leg., R.S., Ch. 275, Sec. 6 (part).) |
|
Sec.1046.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period that revenue bonds of the district |
|
are outstanding; or |
|
(2) more than once in a 24-month period. (Acts 66th |
|
Leg., R.S., Ch. 275, Sec. 6 (part).) |
|
Sec.1046.156.ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 66th |
|
Leg., R.S., Ch. 275, Sec. 6 (part).) |
|
Sec. 1046.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records shall be open |
|
to inspection at the district's principal office. (Acts 66th Leg., |
|
R.S., Ch. 275, Sec. 6 (part).) |
|
Sec.1046.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the administrators shall |
|
prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 66th Leg., R.S., Ch. 275, Sec. 6 (part).) |
|
Sec.1046.159.DEPOSITORY. (a) After advertising in the |
|
manner provided by Chapter 252 and Subchapter C, Chapter 262, Local |
|
Government Code, the board shall choose by competitive bidding one |
|
or more banks inside or outside the district to serve as a |
|
depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1046.160(b), and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to place a part of district money on time |
|
deposit or to purchase certificates of deposit. |
|
(d) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or other security in an amount sufficient to secure from loss the |
|
district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 66th Leg., R.S., Ch. 275, |
|
Sec. 10.) |
|
Sec.1046.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Section 1046.108(c), Section |
|
1046.161, and Subchapter E, the district may not incur an |
|
obligation payable from district revenue other than the revenue on |
|
hand or to be on hand in the current and following district fiscal |
|
years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 66th Leg., R.S., Ch. 275, Secs. 5 |
|
(part), 9(b) (part).) |
|
Sec.1046.161.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
The district may incur a debt or borrow money on the credit of the |
|
district or secured by any source of revenue, including district |
|
taxes to be imposed in the next 12-month period, that is not pledged |
|
to pay the principal of or interest on district bonds. |
|
(b) The district may incur a debt or borrow money in any |
|
amount at a rate not to exceed the maximum annual percentage rate |
|
allowed by law for district obligations at the time the loan is made |
|
and on other terms the district considers advisable. (Acts 66th |
|
Leg., R.S., Ch. 275, Sec. 8A.) |
|
[Sections 1046.162-1046.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1046.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligations bonds in the name and on the |
|
faith and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 66th Leg., R.S., Ch. 275, Sec. 7(a) (part).) |
|
Sec.1046.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1046.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of all taxable property in the |
|
district. (Acts 66th Leg., R.S., Ch. 275, Sec. 7(a) (part).) |
|
Sec.1046.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters. |
|
(b) The board, in ordering a bond election, shall provide |
|
for clerks as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. |
|
(d) The board shall declare the results of the election. |
|
(Acts 66th Leg., R.S., Ch. 275, Sec. 7(a) (part).) |
|
Sec.1046.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 66th Leg., R.S., Ch. 275, |
|
Sec. 7(c) (part).) |
|
Sec.1046.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 66th Leg., |
|
R.S., Ch. 275, Sec. 7(c) (part).) |
|
Sec.1046.206.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
66th Leg., R.S., Ch. 275, Sec. 8 (part).) |
|
Sec.1046.207.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding |
|
indebtedness issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the bond applied to the |
|
payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 66th |
|
Leg., R.S., Ch. 275, Secs. 7(a) (part), (b) (part), 8 (part).) |
|
Sec.1046.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 66th |
|
Leg., R.S., Ch. 275, Sec. 23 (part).) |
|
[Sections 1046.209-1046.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1046.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all property in the district subject to district |
|
taxation. |
|
(b) The board may impose the tax to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district, including improvements to district facilities. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 66th |
|
Leg., R.S., Ch. 275, Secs. 11(a) (part), 14(a) (part).) |
|
Sec.1046.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 66th |
|
Leg., R.S., Ch. 275, Secs. 3(b) (part), (c) (part), 11(a) (part), |
|
(b) (part).) |
|
Sec. 1046.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
elects to have taxes assessed and collected under Section 1046.254. |
|
(b) The tax assessor-collector of Jackson County shall |
|
assess and collect taxes imposed by the district. (Acts 66th Leg., |
|
R.S., Ch. 275, Secs. 14(a) (part), (b) (part).) |
|
Sec. 1046.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
assessed and collected by a tax assessor-collector appointed by the |
|
board. An election under this subsection must be made by December 1 |
|
and governs the manner in which taxes are assessed and collected, |
|
until changed by a similar resolution. |
|
(b) The district tax assessor-collector must: |
|
(1) reside in the district; and |
|
(2) own real property subject to district taxation. |
|
(c) The board shall set for the district tax |
|
assessor-collector: |
|
(1) the term of employment; and |
|
(2) compensation. (Acts 66th Leg., R.S., Ch. 275, |
|
Secs. 14(a) (part), (c) (part).) |
|
CHAPTER 1047. JASPER HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1047.001. DEFINITIONS |
|
Sec. 1047.002. AUTHORITY FOR CREATION; JUDICIAL NOTICE |
|
Sec. 1047.003. NATURE OF DISTRICT |
|
Sec. 1047.004. DISTRICT TERRITORY |
|
[Sections 1047.005-1047.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1047.051. BOARD ELECTION; TERM |
|
Sec. 1047.052. QUALIFICATIONS FOR OFFICE |
|
Sec. 1047.053. OATH; BOND; RECORD OF BOND AND OATH |
|
Sec. 1047.054. BOARD VACANCY; SPECIAL ELECTION |
|
Sec. 1047.055. OFFICERS |
|
Sec. 1047.056. REMOVAL FROM OFFICE |
|
Sec. 1047.057. COMPENSATION; EXPENSES |
|
Sec. 1047.058. MEETINGS |
|
Sec. 1047.059. VOTING REQUIREMENT |
|
Sec. 1047.060. MAINTENANCE OF RECORDS |
|
Sec. 1047.061. EMPLOYEES |
|
[Sections 1047.062-1047.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1047.101. GENERAL POWERS |
|
Sec. 1047.102. HOSPITAL SYSTEM |
|
Sec. 1047.103. EMINENT DOMAIN |
|
Sec. 1047.104. GIFTS AND ENDOWMENTS |
|
Sec. 1047.105. CONTRACT IN NAME OF DISTRICT |
|
Sec. 1047.106. CONSTRUCTION CONTRACTS |
|
Sec. 1047.107. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1047.108-1047.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1047.151. BOOK OF ACCOUNTS; ANNUAL AUDIT |
|
Sec. 1047.152. DEPOSITORY |
|
Sec. 1047.153. PURCHASING AUTHORITY |
|
Sec. 1047.154. PAYMENT VOUCHERS |
|
[Sections 1047.155-1047.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1047.201. BONDS |
|
Sec. 1047.202. CANCELLATION OF BOND |
|
Sec. 1047.203. RECORD OF BOND ISSUANCE |
|
Sec. 1047.204. REFUNDING BONDS |
|
Sec. 1047.205. REGISTRATION OF REFUNDING BONDS |
|
Sec. 1047.206. TAX TO PAY REFUNDING BONDS |
|
Sec. 1047.207. BOND PROCEEDS |
|
Sec. 1047.208. BOND ELECTION EXPENSES |
|
[Sections 1047.209-1047.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1047.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1047.252. TAX RATE |
|
Sec. 1047.253. TAX ASSESSOR-COLLECTOR |
|
[Sections 1047.254-1047.300 reserved for expansion] |
|
SUBCHAPTER G. MERGER |
|
Sec. 1047.301. MERGER |
|
CHAPTER 1047. JASPER HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1047.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Jasper Hospital District. |
|
(Acts 58th Leg., R.S., Ch. 56, Sec. 1 (part); New.) |
|
Sec.1047.002.AUTHORITY FOR CREATION; JUDICIAL NOTICE. |
|
(a) The district is created under Section 9, Article IX, Texas |
|
Constitution, and this chapter. |
|
(b) A court shall take judicial notice of the district's |
|
establishment. (Acts 58th Leg., R.S., Ch. 56, Secs. 1 (part), 14(a) |
|
(part).) |
|
Sec.1047.003.NATURE OF DISTRICT. The district is a |
|
governmental agency. (Acts 58th Leg., R.S., Ch. 56, Sec. 14(a) |
|
(part).) |
|
Sec.1047.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of County |
|
Commissioners Precincts 1 and 2 of Jasper County, as those |
|
boundaries existed on April 12, 1963. (Acts 58th Leg., R.S., Ch. |
|
56, Sec. 1 (part).) |
|
[Sections 1047.005-1047.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1047.051.BOARD ELECTION; TERM. (a) The board |
|
consists of nine directors elected from the district at large. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code, directors serve two-year terms, |
|
with: |
|
(1) four directors elected in even-numbered years; and |
|
(2) five directors elected in odd-numbered years. |
|
(Acts 58th Leg., R.S., Ch. 56, Secs. 2(c) (part), 13(b).) |
|
Sec.1047.052.QUALIFICATIONS FOR OFFICE. A person may not |
|
be elected or appointed as a director unless the person: |
|
(1) is a district resident; |
|
(2) owns land in the district subject to taxation; and |
|
(3) is at least 18 years of age at the time of the |
|
election. (Acts 58th Leg., R.S., Ch. 56, Sec. 13(a).) |
|
Sec.1047.053.OATH; BOND; RECORD OF BOND AND OATH. (a) |
|
Before undertaking any official duties, each director must take an |
|
oath to faithfully discharge the duties of office without favor or |
|
partiality. |
|
(b) Each director shall give a good and sufficient bond for |
|
$1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(c) Each director's oath shall be filed with the district |
|
secretary. (Acts 58th Leg., R.S., Ch. 56, Secs. 13(k) (part), (l).) |
|
Sec.1047.054.BOARD VACANCY; SPECIAL ELECTION. (a) If a |
|
vacancy occurs in the office of director, the remaining directors |
|
shall appoint a director for the unexpired term. |
|
(b) If the number of directors is reduced to fewer than six, |
|
the remaining directors shall call a special election to fill the |
|
vacancies. If the directors do not call the election within 15 days |
|
after the vacancies occur, the county judge of Jasper County, on |
|
petition of a county voter or creditor, shall: |
|
(1) order a special election; |
|
(2) set the election date; |
|
(3) order a county sheriff to publish notice of the |
|
election; and |
|
(4) name the officers to hold the election. |
|
(c) For an election ordered by the county judge: |
|
(1) the election returns shall be made to and filed |
|
with the county clerk's office; and |
|
(2) the county clerk shall declare the results. |
|
(d) Officers elected under this section shall furnish bond |
|
and qualify in the same manner as a director elected in a general |
|
election under this chapter. (Acts 58th Leg., R.S., Ch. 56, Sec. |
|
13(c) (part).) |
|
Sec.1047.055.OFFICERS. (a) The board shall elect from |
|
among its members a president and a secretary. |
|
(b) Each officer of the board serves until the next |
|
directors' election. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term by appointment. (Acts 58th Leg., R.S., Ch. 56, Secs. |
|
3 (part), 13(c) (part), (d) (part).) |
|
Sec.1047.056.REMOVAL FROM OFFICE. A director may be |
|
removed from office in the same manner and for the same causes as |
|
county officers under state law. (Acts 58th Leg., R.S., Ch. 56, |
|
Sec. 13(m).) |
|
Sec.1047.057.COMPENSATION; EXPENSES. A director serves |
|
without compensation but shall be reimbursed for actual expenses |
|
incurred in the performance of the director's duties under this |
|
chapter. (Acts 58th Leg., R.S., Ch. 56, Sec. 13(n).) |
|
Sec.1047.058.MEETINGS. (a) The board shall: |
|
(1) meet at least once a month; and |
|
(2) hold special meetings as the board considers |
|
necessary. |
|
(b) A taxpayer, resident, or interested party: |
|
(1) may attend a board meeting but may not participate |
|
in a meeting without the consent of the board; and |
|
(2) may present any matter to the board in an orderly |
|
manner. (Acts 58th Leg., R.S., Ch. 56, Sec. 13(e).) |
|
Sec.1047.059.VOTING REQUIREMENT. A concurrence of five |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 58th Leg., R.S., Ch. 56, Sec. 13(d) (part).) |
|
Sec.1047.060.MAINTENANCE OF RECORDS. (a) The board |
|
shall: |
|
(1) keep an account of all board meetings and |
|
proceedings; and |
|
(2) maintain in a safe place all district records and |
|
accounts, including all contracts, notices, duplicate vouchers, |
|
and duplicate receipts. |
|
(b) The information described by Subsection (a) shall be |
|
delivered to the board's successors in office. (Acts 58th Leg., |
|
R.S., Ch. 56, Sec. 13(f).) |
|
Sec.1047.061.EMPLOYEES. The board: |
|
(1) may employ a general manager or administrator, an |
|
attorney, a bookkeeper, and an architect; and |
|
(2) shall employ all other employees necessary for the |
|
proper handling and operation of the district. (Acts 58th Leg., |
|
R.S., Ch. 56, Sec. 13(i).) |
|
[Sections 1047.062-1047.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1047.101.GENERAL POWERS. (a) The board has full |
|
management and control of all district business. The board may |
|
negotiate and contract with any person to purchase or lease land, to |
|
construct and equip a hospital system, and to operate and maintain |
|
the hospital. |
|
(b) The district has the powers of government and the |
|
authority to exercise the rights, privileges, and functions |
|
concerning the purposes for which the district was created that are |
|
conferred by this chapter and any other law in this state from which |
|
the district is entitled to benefit. (Acts 58th Leg., R.S., Ch. 56, |
|
Secs. 3 (part), 14(b) (part).) |
|
Sec.1047.102.HOSPITAL SYSTEM. The district may contract |
|
for the purchase of land, for the hospital system, and for the |
|
construction of the hospital. (Acts 58th Leg., R.S., Ch. 56, Sec. |
|
14(b) (part).) |
|
Sec.1047.103.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property, real, personal, or mixed, |
|
located in district territory if the interest is necessary or |
|
convenient for the district to exercise a right, power, privilege, |
|
or function conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 58th Leg., R.S., Ch. 56, Sec. 8.) |
|
Sec.1047.104.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust by the board |
|
for the purposes and under the directions, limitations, or other |
|
provisions prescribed in writing by the donor that are not |
|
inconsistent with the proper management and objectives of the |
|
district. (Acts 58th Leg., R.S., Ch. 56, Sec. 11.) |
|
Sec.1047.105.CONTRACT IN NAME OF DISTRICT. The district |
|
shall contract in the name of the district. (Acts 58th Leg., R.S., |
|
Ch. 56, Sec. 14(a) (part).) |
|
Sec.1047.106.CONSTRUCTION CONTRACTS. (a) A contract for |
|
making and constructing improvements authorized by this chapter and |
|
any necessary related work for which the cost exceeds $10,000 shall |
|
be awarded: |
|
(1) to the lowest responsible bidder who furnishes |
|
satisfactory evidence that the bidder possesses the equipment and |
|
facilities essential to properly perform the contract; and |
|
(2) after giving notice by: |
|
(A) advertising once a week for four weeks in one |
|
or more newspapers of general circulation in this state; and |
|
(B) posting a notice for at least 10 days at the |
|
courthouse door. |
|
(b) The contract must be in writing and be signed by the |
|
contractors and the directors. A copy of the signed contract shall |
|
be filed with the depository and is subject to inspection by all |
|
interested parties. |
|
(c) The contract shall be fulfilled in accordance with the |
|
specifications and under the supervision of the board and district |
|
agents. (Acts 58th Leg., R.S., Ch. 56, Secs. 6(a), (c).) |
|
Sec.1047.107.AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued in the district's own name in |
|
any court of this state. (Acts 58th Leg., R.S., Ch. 56, Sec. 14(a) |
|
(part).) |
|
[Sections 1047.108-1047.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1047.151.BOOK OF ACCOUNTS; ANNUAL AUDIT. (a) The |
|
board shall have kept a complete book of accounts for the district. |
|
(b) On June 1 of each year, the board shall select a |
|
competent auditor to examine the accounts, books, and reports of |
|
the depository, the tax assessor-collector, and the board. |
|
(c) The auditor shall make a full report and file a copy of |
|
the report with the depository, the county clerk, and the board. |
|
(d) The report must state the purposes for which money from |
|
each fund was spent. (Acts 58th Leg., R.S., Ch. 56, Sec. 13(h).) |
|
Sec.1047.152.DEPOSITORY. The board shall select a |
|
depository for the district in the manner provided by law for the |
|
selection of a county depository. The depository serves for two |
|
years until a successor is selected and qualified. (Acts 58th Leg., |
|
R.S., Ch. 56, Sec. 9.) |
|
Sec.1047.153.PURCHASING AUTHORITY. The board may |
|
purchase all necessary supplies, materials, and office equipment to |
|
meet the needs of the district. (Acts 58th Leg., R.S., Ch. 56, Sec. |
|
13(j).) |
|
Sec.1047.154.PAYMENT VOUCHERS. A voucher for the payment |
|
of district money shall be signed by at least two directors. (Acts |
|
58th Leg., R.S., Ch. 56, Sec. 13(g).) |
|
[Sections 1047.155-1047.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1047.201.BONDS. The district may issue bonds to: |
|
(1) purchase a site for, construct, and initially |
|
equip a hospital system; and |
|
(2) purchase, lease, acquire, equip, maintain, and |
|
operate a hospital system. (Acts 58th Leg., R.S., Ch. 56, Sec. 1 |
|
(part).) |
|
Sec.1047.202.CANCELLATION OF BOND. (a) On the payment of |
|
interest or for the redemption of district bonds, the depository |
|
shall receive and cancel any interest coupon paid or bond |
|
discharged. |
|
(b) When the interest coupon or bond is delivered to the |
|
board: |
|
(1) the account of the depository shall be credited |
|
with the amount of the coupon or bond; and |
|
(2) the coupon or bond shall be canceled and |
|
destroyed. (Acts 58th Leg., R.S., Ch. 56, Sec. 5(b).) |
|
Sec.1047.203.RECORD OF BOND ISSUANCE. (a) When bonds are |
|
issued, the board shall procure and deliver to the county treasurer |
|
a well-bound book containing a list of the following information |
|
for all bonds: |
|
(1) manner of payment; |
|
(2) amount of the bonds; |
|
(3) rate of interest; |
|
(4) date of issuance; |
|
(5) due date; |
|
(6) location where payable; |
|
(7) amount received for the bonds; and |
|
(8) the tax imposed to pay the interest on and redeem |
|
the bonds. |
|
(b) The book described by Subsection (a) shall be open to |
|
inspection at all times to taxpayers or bondholders. |
|
(c) On payment of a bond, the county treasurer shall: |
|
(1) enter the payment in the book described by |
|
Subsection (a); and |
|
(2) receive for services the same fees allowed by law |
|
for recording the payment as a county clerk recording deeds. (Acts |
|
58th Leg., R.S., Ch. 56, Sec. 5(c).) |
|
Sec.1047.204.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding bonds issued by the district |
|
with the consent of the holders of the bonds to be refunded. |
|
(b) Before issuing refunding bonds, any sum to the credit of |
|
any sinking fund account on hand shall be: |
|
(1) deducted in determining the amount of refunding |
|
bonds to be issued; and |
|
(2) applied to the payment of the outstanding bonds. |
|
(Acts 58th Leg., R.S., Ch. 56, Sec. 5(d) (part).) |
|
Sec.1047.205.REGISTRATION OF REFUNDING BONDS. (a) After |
|
registration of refunding bonds, the comptroller shall: |
|
(1) cancel the bonds to be refunded and the interest |
|
coupons for those bonds; and |
|
(2) deliver the refunding bonds to the proper party. |
|
(b) Bonds to be refunded may be presented for cancellation |
|
in installments with a corresponding amount of refunding bonds |
|
registered and delivered as provided by this section. (Acts 58th |
|
Leg., R.S., Ch. 56, Sec. 5(d) (part).) |
|
Sec.1047.206.TAX TO PAY REFUNDING BONDS. (a) Before |
|
refunding bonds authorized by Section 1047.204 are delivered, the |
|
board shall impose a sufficient tax to pay the principal of and |
|
interest on the bonds. |
|
(b) The refunding of any bonds does not affect any taxes |
|
already due. (Acts 58th Leg., R.S., Ch. 56, Sec. 5(d) (part).) |
|
Sec.1047.207.BOND PROCEEDS. The directors shall promptly |
|
pay over the proceeds from the sale of district bonds to the |
|
depository to the credit of the district. (Acts 58th Leg., R.S., |
|
Ch. 56, Sec. 5(a) (part).) |
|
Sec.1047.208.BOND ELECTION EXPENSES. All expenses |
|
incident to holding a bond election shall be paid out of any |
|
district funds except the interest and sinking funds for bonds. |
|
(Acts 58th Leg., R.S., Ch. 56, Sec. 7 (part).) |
|
[Sections 1047.209-1047.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1047.251.IMPOSITION OF AD VALOREM TAX. (a) The |
|
district may impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The tax may be used to: |
|
(1) pay the principal of and interest on bonds |
|
authorized by Section 1047.201; and |
|
(2) maintain and operate a hospital or hospital |
|
system. (Acts 58th Leg., R.S., Ch. 56, Sec. 1 (part).) |
|
Sec.1047.252.TAX RATE. The district may impose the tax at |
|
a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. (Acts 58th Leg., R.S., Ch. 56, Sec. 1 |
|
(part).) |
|
Sec.1047.253.TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector of Jasper County shall assess and collect taxes |
|
for the district. (Acts 58th Leg., R.S., Ch. 56, Sec. 15(a) |
|
(part).) |
|
[Sections 1047.254-1047.300 reserved for expansion] |
|
SUBCHAPTER G. MERGER |
|
Sec.1047.301.MERGER. (a) If a countywide hospital |
|
district is created for Jasper County or if a district is created |
|
for the territory in Jasper County that is not included in the |
|
Jasper Hospital District, the board may choose to merge with the |
|
newly created hospital district if: |
|
(1) the newly created hospital district assumes all |
|
outstanding indebtedness of the Jasper Hospital District; and |
|
(2) the merger of districts is approved by the |
|
majority of the voters voting at an election held by the district. |
|
(b) Notice of an election under this section must be given |
|
in the same manner as provided for an election to elect directors. |
|
(Acts 58th Leg., R.S., Ch. 56, Sec. 16.) |
|
CHAPTER 1048. KARNES COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1048.001. DEFINITIONS |
|
Sec. 1048.002. AUTHORITY FOR CREATION |
|
Sec. 1048.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1048.004. DISTRICT TERRITORY |
|
Sec. 1048.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1048.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1048.007. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1048.008-1048.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1048.051. BOARD ELECTION; TERM |
|
Sec. 1048.052. NOTICE OF ELECTION |
|
Sec. 1048.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1048.054. BOND |
|
Sec. 1048.055. BOARD VACANCY |
|
Sec. 1048.056. OFFICERS |
|
Sec. 1048.057. COMPENSATION; EXPENSES |
|
Sec. 1048.058. VOTING REQUIREMENT |
|
Sec. 1048.059. DISTRICT ADMINISTRATOR |
|
Sec. 1048.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1048.061. EMPLOYEES; APPOINTMENT AND DISMISSAL OF STAFF |
|
Sec. 1048.062. SENIORITY; RETIREMENT BENEFITS |
|
[Sections 1048.063-1048.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1048.101. DISTRICT RESPONSIBILITY |
|
Sec. 1048.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1048.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1048.104. HOSPITAL SYSTEM |
|
Sec. 1048.105. RULES |
|
Sec. 1048.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1048.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1048.108. EMINENT DOMAIN |
|
Sec. 1048.109. GIFTS AND ENDOWMENTS |
|
Sec. 1048.110. CONSTRUCTION AND PURCHASE CONTRACTS |
|
Sec. 1048.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1048.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR HOSPITAL TREATMENT |
|
Sec. 1048.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1048.114. CARE AND TREATMENT FOR INDIGENT |
|
Sec. 1048.115. NONPROFIT CORPORATION |
|
Sec. 1048.116. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1048.117-1048.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1048.151. BUDGET |
|
Sec. 1048.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1048.153. AMENDMENTS TO BUDGET |
|
Sec. 1048.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1048.155. FISCAL YEAR |
|
Sec. 1048.156. ANNUAL AUDIT |
|
Sec. 1048.157. INSPECTION OF AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1048.158. FINANCIAL REPORT |
|
Sec. 1048.159. DEPOSITORY |
|
Sec. 1048.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1048.161-1048.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1048.201. GENERAL OBLIGATION BONDS |
|
Sec. 1048.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1048.203. BOND ELECTION |
|
Sec. 1048.204. REVENUE BONDS |
|
Sec. 1048.205. REFUNDING BONDS |
|
Sec. 1048.206. ADDITIONAL MEANS OF SECURING REPAYMENT |
|
OF BONDS |
|
Sec. 1048.207. MATURITY OF BONDS |
|
Sec. 1048.208. EXECUTION OF BONDS |
|
Sec. 1048.209. USE OF BOND PROCEEDS |
|
Sec. 1048.210. BONDS EXEMPT FROM TAXATION |
|
[Sections 1048.211-1048.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1048.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1048.252. TAX RATE |
|
Sec. 1048.253. TAX ASSESSOR-COLLECTOR |
|
[Sections 1048.254-1048.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1048.301. DISSOLUTION; ELECTION |
|
Sec. 1048.302. NOTICE OF ELECTION |
|
Sec. 1048.303. BALLOT |
|
Sec. 1048.304. ELECTION RESULTS |
|
Sec. 1048.305. TRANSFER OR ADMINISTRATION OF ASSETS |
|
Sec. 1048.306. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES |
|
Sec. 1048.307. REPORT; DISSOLUTION ORDER |
|
CHAPTER 1048. KARNES COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1048.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Karnes County Hospital |
|
District. (New.) |
|
Sec.1048.002.AUTHORITY FOR CREATION. The district is |
|
created under the authority of Section 9, Article IX, Texas |
|
Constitution. (Acts 61st Leg., R.S., Ch. 591, Sec. 1.) |
|
Sec.1048.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 61st Leg., R.S., Ch. 591, Sec. 22 (part).) |
|
Sec.1048.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Karnes County. |
|
(Acts 61st Leg., R.S., Ch. 591, Sec. 2.) |
|
Sec.1048.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 61st Leg., R.S., Ch. 591, Sec. 23 (part).) |
|
Sec. 1048.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 61st |
|
Leg., R.S., Ch. 591, Sec. 21 (part).) |
|
Sec.1048.007.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 61st Leg., R.S., Ch. 591, Sec. 21 (part).) |
|
[Sections 1048.008-1048.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1048.051.BOARD ELECTION; TERM. (a) The board is |
|
governed by seven directors elected at large by place. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve two-year terms; |
|
(2) an election shall be held each year on the May |
|
uniform election date under Section 41.001, Election Code; and |
|
(3) the terms of the directors elected to places one |
|
through four expire in odd-numbered years and the terms of the |
|
directors elected to places five through seven expire in |
|
even-numbered years. (Acts 61st Leg., R.S., Ch. 591, Secs. 5(a), |
|
(a-1) (part), (a-2).) |
|
Sec.1048.052.NOTICE OF ELECTION. Notice of an election of |
|
directors shall be published in a newspaper or newspapers that |
|
individually or collectively have general circulation in the |
|
district in accordance with Section 4.003, Election Code. (Acts |
|
61st Leg., R.S., Ch. 591, Sec. 5(a-3) (part).) |
|
Sec.1048.053.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) a qualified voter; and |
|
(2) a resident of the place for which the person is a |
|
candidate. |
|
(b) To be eligible to hold office on the board, a person must |
|
be a resident of the place for which the person is elected, as |
|
designated by the following political subdivisions: |
|
(1) for place one, Falls City Common School District; |
|
(2) for place two, Runge Independent School District |
|
and Nordheim Independent School District; |
|
(3) for places three and four, Karnes City Independent |
|
School District and Nixon Independent School District; and |
|
(4) for places five, six, and seven, Kenedy |
|
Independent School District, Pawnee Independent School District, |
|
and Pettus Independent School District. |
|
(c) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; |
|
(2) a district employee; or |
|
(3) a hospital medical staff member. (Acts 61st Leg., |
|
R.S., Ch. 591, Secs. 5(a-1) (part), (b).) |
|
Sec.1048.054.BOND. (a) Each director shall execute a |
|
good and sufficient bond for $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district shall pay for a director's bond. (Acts |
|
61st Leg., R.S., Ch. 591, Sec. 5(a-5) (part).) |
|
Sec.1048.055.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 61st Leg., R.S., Ch. 591, |
|
Sec. 5(a-4).) |
|
Sec.1048.056.OFFICERS. (a) The board shall elect: |
|
(1) a president and a vice president from among its |
|
members; and |
|
(2) a secretary, who need not be a director. |
|
(b) Each officer of the board serves for a term of one year. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 61st Leg., R.S., Ch. 591, Sec. 5(c).) |
|
Sec.1048.057.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 61st Leg., R.S., Ch. |
|
591, Sec. 5(e).) |
|
Sec.1048.058.VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 61st Leg., R.S., Ch. 591, Sec. 5(d) (part).) |
|
Sec.1048.059.DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to the compensation determined by the board. |
|
(Acts 61st Leg., R.S., Ch. 591, Sec. 6(d) (part).) |
|
Sec.1048.060.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 61st |
|
Leg., R.S., Ch. 591, Sec. 6(d) (part).) |
|
Sec. 1048.061. EMPLOYEES; APPOINTMENT AND DISMISSAL OF |
|
STAFF. (a) The board may appoint to or dismiss from the staff the |
|
physicians, dentists, and podiatrists the board determines |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as necessary. |
|
(b) The district may employ the fiscal agents, accountants, |
|
architects, and attorneys the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ district employees, including technicians and |
|
nurses. (Acts 61st Leg., R.S., Ch. 591, Secs. 6(e), (f), 17.) |
|
Sec.1048.062.SENIORITY; RETIREMENT BENEFITS. The board |
|
may: |
|
(1) adopt rules related to the seniority of district |
|
employees, including rules for a retirement plan based on |
|
seniority; and |
|
(2) give effect to previous years of service for |
|
district employees continuously employed in the operation or |
|
management of hospital facilities acquired or constructed by the |
|
district. (Acts 61st Leg., R.S., Ch. 591, Sec. 6(b).) |
|
[Sections 1048.063-1048.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1048.101.DISTRICT RESPONSIBILITY. (a) The district |
|
has full responsibility for providing hospital care for the |
|
district's indigent residents. |
|
(b) The district shall provide all necessary hospital and |
|
medical care for the district's needy inhabitants. (Acts 61st |
|
Leg., R.S., Ch. 591, Secs. 3 (part), 20 (part).) |
|
Sec. 1048.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision of this state, other |
|
than the district, may not impose a tax or issue bonds or other |
|
obligations for hospital purposes or to provide hospital service or |
|
medical care in the district. (Acts 61st Leg., R.S., Ch. 591, Secs. |
|
3 (part), 20 (part).) |
|
Sec.1048.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 61st Leg., R.S., Ch. |
|
591, Sec. 6(a) (part).) |
|
Sec.1048.104.HOSPITAL SYSTEM. (a) The district has the |
|
responsibility to establish a hospital or hospital system within |
|
its boundaries to provide hospital and medical care to the |
|
district's residents. |
|
(b) The hospital system may include: |
|
(1) a hospital, clinic, health facility, extended care |
|
facility, outpatient facility, rehabilitation or recreation |
|
facility, pharmacy, medical laboratory, dental laboratory, |
|
physicians' office building, laundry facility, administrative |
|
facility, or other building related to a health facility or system; |
|
(2) a single or multiunit housing facility for medical |
|
staff, nurses, interns, other employees of a health facility or |
|
system, patients of a health facility, or relatives of patients |
|
admitted for treatment or care in a health facility; |
|
(3) a support facility related to a hospital project, |
|
including an office building, a parking lot or other parking |
|
structure, or a maintenance, safety, or utility facility, and any |
|
equipment related to the support facility; and |
|
(4) any other facilities the board determines |
|
necessary for hospital or medical care. (Acts 61st Leg., R.S., Ch. |
|
591, Secs. 3 (part), 10(a) (part).) |
|
Sec.1048.105.RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 61st Leg., R.S., Ch. 591, |
|
Sec. 6(c) (part).) |
|
Sec.1048.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 61st |
|
Leg., R.S., Ch. 591, Sec. 11 (part).) |
|
Sec. 1048.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system. |
|
(b) The board may lease all or part of the district's |
|
buildings and other facilities on terms considered to be in the best |
|
interest of the district's inhabitants. The term of the lease may |
|
not exceed 25 years. |
|
(c) The district may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the property as |
|
security for the payment of the purchase price. A contract entered |
|
into under this subsection must provide that the entire obligation |
|
be retired not later than the fifth anniversary of the date of the |
|
contract. |
|
(d) The district may sell or otherwise dispose of any |
|
property, including equipment, on terms the board finds are in the |
|
best interest of the district's inhabitants. (Acts 61st Leg., |
|
R.S., Ch. 591, Secs. 10(a) (part), (b) (part), (c), 11 (part).) |
|
Sec.1048.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary for the district to exercise |
|
a power, right, or privilege conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021, Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 61st Leg., R.S., Ch. 591, Sec. |
|
15.) |
|
Sec.1048.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 61st Leg., R.S., Ch. 591, |
|
Sec. 19.) |
|
Sec.1048.110.CONSTRUCTION AND PURCHASE CONTRACTS. A |
|
construction or purchase contract that involves an expenditure of |
|
more than the amount provided by Section 271.024, Local Government |
|
Code, must comply with the competitive bidding requirements |
|
provided by Subchapter B, Chapter 271, Local Government Code. |
|
(Acts 61st Leg., R.S., Ch. 591, Sec. 11 (part).) |
|
Sec.1048.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 61st Leg., R.S., Ch. 591, Sec. 10(b) |
|
(part).) |
|
Sec. 1048.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
HOSPITAL TREATMENT. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries for the |
|
hospitalization of a sick or injured person of that county or |
|
municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for the hospital treatment of a sick or injured person. |
|
(Acts 61st Leg., R.S., Ch. 591, Sec. 6(g) (part).) |
|
Sec. 1048.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district to |
|
provide investigatory or other services as to the hospital or |
|
welfare needs of district inhabitants. (Acts 61st Leg., R.S., Ch. |
|
591, Sec. 6(g) (part).) |
|
Sec.1048.114.CARE AND TREATMENT FOR INDIGENT. The |
|
district shall provide health care and treatment to an individual |
|
determined to be indigent in accordance with policies and |
|
procedures adopted by the board. (Acts 61st Leg., R.S., Ch. 591, |
|
Sec. 18.) |
|
Sec.1048.115.NONPROFIT CORPORATION. (a) The district |
|
may create and sponsor a nonprofit corporation under the Business |
|
Organizations Code and may contribute money to or solicit money for |
|
the corporation. |
|
(a-1) On or before December 31, 2009, the district may |
|
create and sponsor a nonprofit corporation under the Texas |
|
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's |
|
Texas Civil Statutes) or the Business Organizations Code, as |
|
applicable, and may contribute money to or solicit money for the |
|
corporation. |
|
(b) The corporation may use money contributed by the |
|
district only to provide health care or other services the district |
|
is authorized to provide under this chapter. |
|
(c) The corporation may invest the corporation's money in |
|
any manner in which the district may invest the district's money, |
|
including investing money as authorized by Chapter 2256, Government |
|
Code. |
|
(d) The board shall establish controls to ensure that the |
|
corporation uses its money as required by this section. |
|
(e) This subsection and Subsection (a-1) expire December |
|
31, 2009. (Acts 61st Leg., R.S., Ch. 591, Sec. 6A.) |
|
Sec.1048.116.AUTHORITY TO SUE AND BE SUED. (a) The |
|
district, through the board, may sue and be sued. |
|
(b) The district is entitled to all causes of action and |
|
defenses to which similar authorities are entitled. (Acts 61st |
|
Leg., R.S., Ch. 591, Sec. 6(c) (part).) |
|
[Sections 1048.117-1048.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1048.151.BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of the district, including: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand in each district fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year, with the balances expected at the |
|
end of the year in which the budget is being prepared; |
|
(5) the estimated revenue and balances available to |
|
cover the proposed expenditures and disbursements; and |
|
(6) the estimated receipts and collections for the |
|
following fiscal year. (Acts 61st Leg., R.S., Ch. 591, Sec. 7(c).) |
|
Sec.1048.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) Not later than the 10th day before the date of the |
|
hearing, notice of the hearing shall be published one time in a |
|
newspaper or newspapers that individually or collectively have |
|
general circulation in the district. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the taxpayers |
|
and that the law warrants. (Acts 61st Leg., R.S., Ch. 591, Secs. |
|
7(d), (f) (part).) |
|
Sec.1048.153.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 61st Leg., R.S., Ch. 591, Sec. 7(f) (part).) |
|
Sec.1048.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 61st Leg., R.S., Ch. 591, Sec. 7(e).) |
|
Sec.1048.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period in which revenue bonds of the |
|
district are outstanding; or |
|
(2) more than once in a 24-month period. (Acts 61st |
|
Leg., R.S., Ch. 591, Sec. 7(a).) |
|
Sec.1048.156.ANNUAL AUDIT. The board annually shall have |
|
an independent audit made of the district's financial condition. |
|
(Acts 61st Leg., R.S., Ch. 591, Sec. 7(b) (part).) |
|
Sec.1048.157.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
The annual audit and other district records shall be open to |
|
inspection at the district's principal office. (Acts 61st Leg., |
|
R.S., Ch. 591, Sec. 7(b) (part).) |
|
Sec.1048.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 61st Leg., R.S., Ch. 591, Sec. 7(g).) |
|
Sec.1048.159.DEPOSITORY. (a) The board shall select one |
|
or more banks in the district to serve as a depository for district |
|
money. |
|
(b) District money, other than money invested as provided by |
|
Section 1048.160(b), and money transmitted to a bank for payment of |
|
bonds or obligations issued by the district, shall be deposited as |
|
received with the depository bank and shall remain on deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to place a part of district money on time |
|
deposit or to purchase certificates of deposit. (Acts 61st Leg., |
|
R.S., Ch. 591, Sec. 12.) |
|
Sec.1048.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Section 1048.107(c) and by |
|
Subchapter E, the district may not incur an obligation payable from |
|
district revenue other than the revenue on hand or to be on hand in |
|
the current and following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 61st Leg., R.S., Ch. 591, Secs. 6(a) |
|
(part), 11 (part).) |
|
[Sections 1048.161-1048.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1048.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
system purposes. (Acts 61st Leg., R.S., Ch. 591, Sec. 8(a) (part).) |
|
Sec.1048.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1048.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 61st Leg., R.S., Ch. 591, Sec. 8(a) |
|
(part).) |
|
Sec.1048.203.BOND ELECTION. (a) The district may issue |
|
bonds, other than refunding bonds, wholly or partly secured by an ad |
|
valorem tax only if the bonds are authorized by a majority of the |
|
district voters voting at an election held for that purpose. |
|
(b) The order and publication of notice for the bond |
|
election must be provided in accordance with Chapter 1251, |
|
Government Code. (Acts 61st Leg., R.S., Ch. 591, Secs. 8(a) (part), |
|
9A(b).) |
|
Sec.1048.204.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, equip, or |
|
renovate buildings or improvements for hospital system purposes; or |
|
(2) acquire sites to be used for the hospital system. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of district revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
61st Leg., R.S., Ch. 591, Sec. 9 (part).) |
|
Sec.1048.205.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding |
|
indebtedness issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 61st |
|
Leg., R.S., Ch. 591, Secs. 8(b) (part), 9 (part), 9A(b) (part).) |
|
Sec. 1048.206. ADDITIONAL MEANS OF SECURING REPAYMENT OF |
|
BONDS. In addition to the authority to issue general obligation |
|
bonds and revenue bonds under this subchapter, the board may |
|
provide for the security and payment of district bonds from a pledge |
|
of a combination of ad valorem taxes as authorized by Section |
|
1048.202 and revenue and other sources as authorized by Section |
|
1048.204. (Acts 61st Leg., R.S., Ch. 591, Sec. 9A(a).) |
|
Sec.1048.207.MATURITY OF BONDS. District bonds must |
|
mature not later than the 40th anniversary of the date of issuance. |
|
(Acts 61st Leg., R.S., Ch. 591, Sec. 8(c) (part).) |
|
Sec.1048.208.EXECUTION OF BONDS. (a) The board president |
|
shall execute the district's bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 61st Leg., |
|
R.S., Ch. 591, Sec. 8(c) (part).) |
|
Sec.1048.209.USE OF BOND PROCEEDS. The district may use |
|
the proceeds of bonds issued under this subchapter to pay: |
|
(1) any expense the board determines is reasonable and |
|
necessary to issue, sell, and deliver the bonds; |
|
(2) interest payments on the bonds during a period of |
|
acquisition or construction of a project or facility to be provided |
|
through the bonds, not to exceed five years; |
|
(3) costs related to the operation and maintenance of |
|
a project or facility to be provided through the bonds: |
|
(A) during an estimated period of acquisition or |
|
construction, not to exceed five years; and |
|
(B) for one year after the project or facility is |
|
acquired or constructed; |
|
(4) costs related to the financing of the bond funds, |
|
including debt service reserve and contingency funds; |
|
(5) costs related to the issuance of the bonds; |
|
(6) costs related to the acquisition of land or |
|
interests in land for a project or facility to be provided through |
|
the bonds; and |
|
(7) costs of construction of a project or facility to |
|
be provided through the bonds, including the payment of related |
|
professional services and expenses. (Acts 61st Leg., R.S., Ch. |
|
591, Sec. 9B.) |
|
Sec.1048.210.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 61st |
|
Leg., R.S., Ch. 591, Sec. 22 (part).) |
|
[Sections 1048.211-1048.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1048.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds and other obligations issued or assumed by the district for |
|
hospital purposes; |
|
(2) provide for the operation and maintenance of the |
|
district and hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 61st Leg., R.S., Ch. 591, |
|
Sec. 13 (part).) |
|
Sec.1048.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 61st |
|
Leg., R.S., Ch. 591, Sec. 13 (part).) |
|
Sec.1048.253.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 61st Leg., R.S., Ch. 591, Sec. |
|
16(b).) |
|
[Sections 1048.254-1048.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec.1048.301.DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved only on approval of a majority of the district |
|
voters voting in an election 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. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 15 |
|
percent of the registered voters in the district. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition 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. |
|
(e) Section 41.001, Election Code, does not apply to an |
|
election ordered under this section. (Acts 61st Leg., R.S., Ch. |
|
591, Secs. 24A(a), (b), (c) (part) (d).) |
|
Sec.1048.302.NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks a substantial copy of the election |
|
order in a newspaper with general circulation in the district. |
|
(b) The first publication of the notice must appear not |
|
later than the 35th day before the date set for the election. (Acts |
|
61st Leg., R.S., Ch. 591, Sec. 24A(e).) |
|
Sec.1048.303.BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Karnes County Hospital |
|
District." (Acts 61st Leg., R.S., Ch. 591, Sec. 24A(f).) |
|
Sec.1048.304.ELECTION RESULTS. (a) If a majority of the |
|
votes in an election under this subchapter favor dissolution, the |
|
board shall find that the district is dissolved. |
|
(b) 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 date of the most recent election |
|
to dissolve the district. (Acts 61st Leg., R.S., Ch. 591, Sec. |
|
24A(g).) |
|
Sec.1048.305.TRANSFER OR ADMINISTRATION OF ASSETS. (a) |
|
If a majority of the votes in the election held under this |
|
subchapter favor dissolution, the board shall: |
|
(1) transfer the land, buildings, improvements, |
|
equipment, and other assets that belong to the district to Karnes |
|
County or another governmental entity in Karnes County; or |
|
(2) 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 makes the transfer under Subsection |
|
(a)(1), the county or entity assumes all debts and obligations of |
|
the district at the time of the transfer, and the district is |
|
dissolved. |
|
(c) If Subsection (a)(1) does not apply and the board |
|
administers the property, assets, and debts of the district under |
|
Subsection (a)(2), the district is dissolved when all money has |
|
been disposed of and all district debts have been paid or settled. |
|
(Acts 61st Leg., R.S., Ch. 591, Secs. 24A(h), (i), (j).) |
|
Sec. 1048.306. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES. (a) After the board finds that the district is dissolved, |
|
the board shall: |
|
(1) determine the 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. |
|
(b) On the payment of all outstanding debts and obligations |
|
of the district, the board shall order the secretary to return to |
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
tax money. |
|
(c) 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. (Acts |
|
61st Leg., R.S., Ch. 591, Secs. 24A(k), (l), (m).) |
|
Sec.1048.307.REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all district debts and has disposed of all |
|
district money and other assets as prescribed by this subchapter, |
|
the board shall file a written report with the Commissioners Court |
|
of Karnes County summarizing the board's actions in dissolving the |
|
district. |
|
(b) Not later than the 10th day after the date the |
|
Commissioners Court of Karnes County receives the report and |
|
determines that the requirements of this subchapter have been |
|
fulfilled, the commissioners court shall enter an order dissolving |
|
the district and releasing the board from any further duty or |
|
obligation. (Acts 61st Leg., R.S., Ch. 591, Secs. 24A(n), (o).) |
|
CHAPTER 1049. KIMBLE COUNTY HOSPITAL DISTRICT OF KIMBLE COUNTY, |
|
TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1049.001. DEFINITIONS |
|
Sec. 1049.002. AUTHORITY FOR CREATION |
|
Sec. 1049.003. DISTRICT TERRITORY |
|
Sec. 1049.004. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1049.005. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1049.006-1049.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1049.051. BOARD ELECTION; TERM |
|
Sec. 1049.052. QUALIFICATIONS FOR OFFICE |
|
Sec. 1049.053. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION OF OFFICE |
|
Sec. 1049.054. BOARD VACANCY |
|
Sec. 1049.055. OFFICERS |
|
Sec. 1049.056. COMPENSATION; EXPENSES |
|
Sec. 1049.057. DISTRICT ADMINISTRATOR |
|
Sec. 1049.058. EMPLOYEES |
|
Sec. 1049.059. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
[Sections 1049.060-1049.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1049.101. DISTRICT RESPONSIBILITY |
|
Sec. 1049.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1049.103. MANAGEMENT AND CONTROL OF DISTRICT |
|
Sec. 1049.104. HOSPITAL SYSTEM |
|
Sec. 1049.105. RULES |
|
Sec. 1049.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1049.107. EMINENT DOMAIN |
|
Sec. 1049.108. GIFTS AND ENDOWMENTS |
|
Sec. 1049.109. CONTRACTS FOR HEALTH CARE |
|
Sec. 1049.110. PAYMENT FOR TREATMENT; PROCEDURES |
|
[Sections 1049.111-1049.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1049.151. BUDGET |
|
Sec. 1049.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1049.153. FISCAL YEAR |
|
Sec. 1049.154. ANNUAL AUDIT |
|
Sec. 1049.155. DEPOSITORY |
|
Sec. 1049.156. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1049.157-1049.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1049.201. BONDS |
|
Sec. 1049.202. TAX TO PAY BONDS |
|
Sec. 1049.203. BOND ELECTION |
|
Sec. 1049.204. MATURITY OF BONDS |
|
Sec. 1049.205. EXECUTION OF BONDS |
|
Sec. 1049.206. REVENUE BONDS |
|
[Sections 1049.207-1049.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1049.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1049.252. TAX RATE |
|
Sec. 1049.253. TAX ASSESSOR-COLLECTOR |
|
[Sections 1049.254-1049.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1049.301. DISSOLUTION; ELECTION |
|
Sec. 1049.302. NOTICE OF ELECTION |
|
Sec. 1049.303. BALLOT |
|
Sec. 1049.304. ELECTION RESULTS |
|
Sec. 1049.305. AUDIT; TRANSFER OF ASSETS AND |
|
LIABILITIES |
|
CHAPTER 1049. KIMBLE COUNTY HOSPITAL DISTRICT OF KIMBLE COUNTY, |
|
TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1049.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Commissioners court" means the Commissioners |
|
Court of Kimble County. |
|
(3) "Director" means a member of the board. |
|
(4) "District" means the Kimble County Hospital |
|
District of Kimble County, Texas. (New.) |
|
Sec.1049.002.AUTHORITY FOR CREATION. The district is |
|
created under the authority of Section 9, Article IX, Texas |
|
Constitution. (Acts 62nd Leg., R.S., Ch. 873, Sec. 1.) |
|
Sec.1049.003.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Kimble County. |
|
(Acts 62nd Leg., R.S., Ch. 873, Sec. 2.) |
|
Sec. 1049.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district's hospital |
|
system and any indebtedness incurred by the district under this |
|
chapter may not become a charge against or obligation of this state. |
|
(Acts 62nd Leg., R.S., Ch. 873, Sec. 18 (part).) |
|
Sec.1049.005.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 62nd Leg., R.S., Ch. 873, Sec. 18 (part).) |
|
[Sections 1049.006-1049.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1049.051.BOARD ELECTION; TERM. (a) The board |
|
consists of seven directors elected from the district at large. |
|
(b) Directors serve staggered three-year terms. |
|
(c) An election shall be held each year on the May uniform |
|
election day prescribed by Section 41.001, Election Code, to elect |
|
the appropriate number of directors. (Acts 62nd Leg., R.S., Ch. |
|
873, Secs. 5(a), (d), (e), (f), (g); Acts 78th Leg., R.S., Ch. 571, |
|
Sec. 4(c).) |
|
Sec.1049.052.QUALIFICATIONS FOR OFFICE. To qualify for |
|
election to the board, a person must: |
|
(1) be at least 18 years of age; |
|
(2) have been a district resident for at least two |
|
years; and |
|
(3) be a qualified property tax paying voter of the |
|
district. (Acts 62nd Leg., R.S., Ch. 873, Sec. 5(b).) |
|
Sec. 1049.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
commercial bond for $1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district shall pay for a director's bond. |
|
(c) Each director's bond and constitutional oath or |
|
affirmation of office shall be deposited with the district's |
|
depository for safekeeping. (Acts 62nd Leg., R.S., Ch. 873, Sec. |
|
6(a).) |
|
Sec.1049.054.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, a majority of the directors shall appoint a |
|
director for the unexpired term. (Acts 62nd Leg., R.S., Ch. 873, |
|
Sec. 5(h).) |
|
Sec.1049.055.OFFICERS. The board shall elect from among |
|
its members a president, a secretary, and a treasurer at the first |
|
meeting after each director's election. (Acts 62nd Leg., R.S., Ch. |
|
873, Sec. 6(b).) |
|
Sec.1049.056.COMPENSATION; EXPENSES. A director serves |
|
without compensation but is entitled to reimbursement for necessary |
|
expenses incurred in the performance of official duties. (Acts |
|
62nd Leg., R.S., Ch. 873, Sec. 6(c).) |
|
Sec.1049.057.DISTRICT ADMINISTRATOR. (a) The board may |
|
employ a district administrator to manage the operations of the |
|
hospital system. |
|
(b) The district administrator may employ necessary |
|
personnel to perform the services provided by the hospital system. |
|
(Acts 62nd Leg., R.S., Ch. 873, Sec. 12(e) (part).) |
|
Sec.1049.058.EMPLOYEES. The board may employ an |
|
attorney, a general manager, a bookkeeper, an architect, and other |
|
employees necessary for the efficient operation of the district. |
|
(Acts 62nd Leg., R.S., Ch. 873, Sec. 12(e) (part).) |
|
Sec.1049.059.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
The board shall: |
|
(1) maintain all district records, including books, |
|
accounts, notices, minutes, and other matters of the district and |
|
its operation, at the district office; and |
|
(2) make those records available for public inspection |
|
at reasonable times. (Acts 62nd Leg., R.S., Ch. 873, Sec. 12(b).) |
|
[Sections 1049.060-1049.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1049.101.DISTRICT RESPONSIBILITY. The district shall |
|
provide all necessary hospital and medical care for the district's |
|
needy inhabitants. (Acts 62nd Leg., R.S., Ch. 873, Sec. 3 (part).) |
|
Sec. 1049.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision of this state, other |
|
than the district, may not impose a tax or issue bonds or other |
|
obligations to provide hospital service or medical care in the |
|
district. (Acts 62nd Leg., R.S., Ch. 873, Sec. 3 (part).) |
|
Sec.1049.103.MANAGEMENT AND CONTROL OF DISTRICT. The |
|
board has full power to manage and control the district. (Acts 62nd |
|
Leg., R.S., Ch. 873, Sec. 12(a) (part).) |
|
Sec.1049.104.HOSPITAL SYSTEM. The district has the |
|
responsibility to establish a hospital or hospital system within |
|
its boundaries to provide hospital and medical care to the |
|
district's residents. (Acts 62nd Leg., R.S., Ch. 873, Sec. 3 |
|
(part).) |
|
Sec.1049.105.RULES. (a) The board shall adopt rules for |
|
the efficient operation of the district, including district |
|
facilities. |
|
(b) The board shall: |
|
(1) publish the rules in book form; and |
|
(2) provide copies to interested persons on request at |
|
district expense. (Acts 62nd Leg., R.S., Ch. 873, Sec. 12(c).) |
|
Sec.1049.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe the method of making purchases and expenditures |
|
and the manner of accounting and control used by the district. |
|
(Acts 62nd Leg., R.S., Ch. 873, Sec. 12(e) (part).) |
|
Sec.1049.107.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in real, personal, or mixed property located in |
|
district territory if the interest is necessary or convenient for |
|
the district to exercise a power or duty conferred on the district |
|
by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding, the district is not |
|
required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; or |
|
(2) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 62nd Leg., R.S., Ch. 873, Sec. |
|
15.) |
|
Sec.1049.108.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board under the directions, limitations, or |
|
other provisions prescribed in writing by the donor that are not |
|
inconsistent with the proper management of the district. (Acts |
|
62nd Leg., R.S., Ch. 873, Sec. 12(f).) |
|
Sec.1049.109.CONTRACTS FOR HEALTH CARE. The board may |
|
contract with any public or private entity, including a charitable |
|
organization, the federal government, this state, or any political |
|
subdivision, to provide health care or related services inside or |
|
outside the district. (Acts 62nd Leg., R.S., Ch. 873, Sec. 12(g).) |
|
Sec.1049.110.PAYMENT FOR TREATMENT; PROCEDURES. (a) A |
|
person who resides in the district is entitled to receive necessary |
|
medical and hospital care regardless of whether the person has the |
|
ability to pay for the care and may apply to receive this care |
|
without cost. |
|
(b) The board or the district administrator shall employ a |
|
person to investigate the ability of the patient and any relative |
|
who is liable for the patient's support to pay for the medical and |
|
hospital care received by the patient. |
|
(c) If the investigator determines that the patient or |
|
relative legally liable for the patient's support cannot pay all or |
|
part of the costs of the patient's care, the expense of the care |
|
becomes a charge against the district. |
|
(d) If the patient or a relative legally liable for the |
|
patient's support can pay for all or part of the costs of the |
|
patient's care, the board shall: |
|
(1) order the patient or relative to pay the district |
|
each week an amount specified in the order, which must be |
|
proportionate to the person's ability to pay; and |
|
(2) send a billing statement charging that amount to |
|
the person. |
|
(e) The district may collect the amount from the patient's |
|
estate, or from any relative who is liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(f) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the investigator, the board shall hold a hearing and, |
|
after calling witnesses, shall: |
|
(1) determine the question; and |
|
(2) make the proper order based on the board's |
|
findings. |
|
(g) A party to the hearing who is not satisfied with the |
|
result of the order may appeal to the district court. The appeal is |
|
de novo. (Acts 62nd Leg., R.S., Ch. 873, Sec. 14.) |
|
[Sections 1049.111-1049.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1049.151.BUDGET. The board shall prepare a budget |
|
that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections for the next |
|
fiscal year; and |
|
(3) the amount of taxes required to be imposed to meet |
|
the proposed budget. (Acts 62nd Leg., R.S., Ch. 873, Sec. 13(b).) |
|
Sec.1049.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in the district not later than |
|
the 11th day before the date of the hearing. |
|
(c) Any person is entitled to: |
|
(1) appear at the hearing; and |
|
(2) be heard regarding any item in the proposed |
|
budget. (Acts 62nd Leg., R.S., Ch. 873, Secs. 13(c), (d).) |
|
Sec.1049.153.FISCAL YEAR. The district's fiscal year is |
|
from October 1 to September 30. (Acts 62nd Leg., R.S., Ch. 873, |
|
Sec. 13(a).) |
|
Sec.1049.154.ANNUAL AUDIT. (a) The board annually shall |
|
require an independent audit of the district's books and records. |
|
(b) Not later than December 1 of each year, the board shall |
|
file a copy of the audit with: |
|
(1) the comptroller; and |
|
(2) the district. (Acts 62nd Leg., R.S., Ch. 873, Sec. |
|
12(d).) |
|
Sec.1049.155.DEPOSITORY. (a) The board by resolution |
|
shall designate a bank in Kimble County as the district's |
|
depository. A designated bank serves for two years and until a |
|
successor is designated. |
|
(b) All district money shall be deposited in the depository |
|
and secured in the manner provided for securing county funds. (Acts |
|
62nd Leg., R.S., Ch. 873, Sec. 16.) |
|
Sec.1049.156.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
The board may borrow money at a rate not to exceed the maximum |
|
annual percentage rate allowed by law for district obligations at |
|
the time the loan is made. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) a district tax to be imposed by the district during |
|
the 12-month period following the date of the pledge that is not |
|
pledged to pay the principal of or interest on district bonds; or |
|
(3) district bonds that have been authorized but not |
|
sold. |
|
(c) A loan for which taxes or bonds are pledged must mature |
|
not later than the first anniversary of the date the loan is made. A |
|
loan for which district revenue is pledged must mature not later |
|
than the fifth anniversary of the date the loan is made. (Acts 62nd |
|
Leg., R.S., Ch. 873, Sec. 12A.) |
|
[Sections 1049.157-1049.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1049.201.BONDS. The district may issue bonds to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings and improvements; and |
|
(2) equip buildings for hospital purposes. (Acts 62nd |
|
Leg., R.S., Ch. 873, Secs. 9(a) (part), 10(a) (part).) |
|
Sec.1049.202.TAX TO PAY BONDS. The board may issue bonds |
|
under Section 1049.201 only if the board imposes an ad valorem tax |
|
at a rate sufficient to create an interest and sinking fund to pay |
|
the principal of and interest on the bonds as the bonds mature. |
|
(Acts 62nd Leg., R.S., Ch. 873, Sec. 10(c).) |
|
Sec.1049.203.BOND ELECTION. (a) The board may issue |
|
bonds under Section 1049.201 only if the bonds are authorized by a |
|
majority of district voters voting in an election held for that |
|
purpose. The total face value of the bonds may not exceed the |
|
amount specified in the election order. |
|
(b) The board may order a bond election at any time. |
|
(c) The order calling the election must include: |
|
(1) the time of the election; |
|
(2) the location of the polling places; |
|
(3) the form of the ballots; |
|
(4) the presiding judge for each polling place; |
|
(5) the purpose of the bond issuance; |
|
(6) the amount of the bonds to be authorized; |
|
(7) the maximum interest rate of the bonds; and |
|
(8) the maximum maturity date of the bonds. |
|
(d) A substantial copy of the election order shall be |
|
published in a newspaper of general circulation in the district |
|
once a week for two consecutive weeks before the date of the |
|
election. The first notice must be published not later than the |
|
15th day before the date of the election. |
|
(e) A copy of the election results must be filed with the |
|
county clerk and become a public record. (Acts 62nd Leg., R.S., Ch. |
|
873, Secs. 4(b), (c), (d) (part), 9(a) (part), (b), (d), 10(a) |
|
(part).) |
|
Sec.1049.204.MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after the date of issuance. (Acts |
|
62nd Leg., R.S., Ch. 873, Sec. 9(c).) |
|
Sec.1049.205.EXECUTION OF BONDS. (a) The board president |
|
shall execute the district's bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
62nd Leg., R.S., Ch. 873, Sec. 10(b) (part).) |
|
Sec.1049.206.REVENUE BONDS. (a) The board may issue and |
|
sell revenue bonds in the name and on the faith and credit of the |
|
district to purchase, construct, acquire, repair, renovate, or |
|
equip buildings or improvements for district purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for the issuance of revenue bonds by a county hospital |
|
authority. (Acts 62nd Leg., R.S., Ch. 873, Sec. 11A.) |
|
[Sections 1049.207-1049.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1049.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The tax may be used only to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued under this chapter; |
|
(2) provide for the operation and maintenance of the |
|
district and hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; or |
|
(4) acquire sites for additions to the hospital |
|
system. (Acts 62nd Leg., R.S., Ch. 873, Secs. 8(a) (part), (c).) |
|
Sec.1049.252.TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 62nd Leg., R.S., Ch. 873, Sec. 8(a) |
|
(part).) |
|
Sec.1049.253.TAX ASSESSOR-COLLECTOR. (a) The tax |
|
assessor-collector for Kimble County shall collect taxes for the |
|
district. |
|
(b) The tax assessor-collector is entitled to a reasonable |
|
fee that is agreed to by the district as compensation for the |
|
person's services. (Acts 62nd Leg., R.S., Ch. 873, Secs. 8(d) |
|
(part), (e).) |
|
[Sections 1049.254-1049.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec.1049.301.DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved on approval of a majority of the district voters |
|
voting in an election held for that purpose. |
|
(b) The commissioners court may order an election to |
|
dissolve the district on its own order recorded in the minutes. The |
|
commissioners court shall order the election if the commissioners |
|
court receives a petition from 50 district voters. |
|
(c) The order calling the election must specify: |
|
(1) the location of the polling places; |
|
(2) the form of the ballots; and |
|
(3) the presiding judge for each polling place. (Acts |
|
62nd Leg., R.S., Ch. 873, Secs. 19(a) (part), (b), (e).) |
|
Sec.1049.302.NOTICE OF ELECTION. (a) The commissioners |
|
court shall publish a substantial copy of the election order in a |
|
newspaper of general circulation in the district once a week for two |
|
consecutive weeks before the date of an election under this |
|
subchapter. |
|
(b) The first notice must be published not later than the |
|
15th day before the date of the election. (Acts 62nd Leg., R.S., |
|
Ch. 873, Sec. 19(c).) |
|
Sec.1049.303.BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The Dissolution of Kimble County Hospital District |
|
of Kimble County, Texas." (Acts 62nd Leg., R.S., Ch. 873, Sec. |
|
19(f).) |
|
Sec.1049.304.ELECTION RESULTS. (a) If a majority of the |
|
votes in an election under this subchapter favor dissolution, the |
|
commissioners court shall, within 10 days after the date the |
|
results are filed, declare the results and order the district |
|
dissolved. A copy of the order shall be placed in the minutes of the |
|
court, and a copy shall be sent to the board. |
|
(b) If a majority of the votes are against dissolution, this |
|
does not prevent the holding of other dissolution elections after |
|
the passage of one year. |
|
(c) A copy of the election results must be filed with the |
|
county clerk and become a public record. (Acts 62nd Leg., R.S., Ch. |
|
873, Secs. 19(d) (part), (g), (h).) |
|
Sec.1049.305.AUDIT; TRANSFER OF ASSETS AND LIABILITIES. |
|
(a) Within 30 days after the election results are filed under |
|
Section 1049.304, the commissioners court shall employ an |
|
independent audit of the dissolved district's assets and |
|
liabilities. |
|
(b) Within 10 days after the audit is completed, the |
|
commissioners court shall: |
|
(1) publish a copy of the audit in a newspaper of |
|
general circulation in the district; and |
|
(2) by declaration: |
|
(A) formally transfer the assets of the dissolved |
|
district to Kimble County; and |
|
(B) formally declare the county liable for all |
|
debts and liabilities incurred by the dissolved district. |
|
(c) The declarations shall be published in a newspaper of |
|
general circulation within 10 days after the declarations are made. |
|
(d) Any assets transferred to Kimble County shall be used to |
|
benefit the citizens formerly in the district. (Acts 62nd Leg., |
|
R.S., Ch. 873, Secs. 19(i), (j), (k), (l).) |
|
CHAPTER 1050. KNOX COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1050.001. DEFINITIONS |
|
Sec. 1050.002. AUTHORITY FOR OPERATION |
|
Sec. 1050.003. POLITICAL SUBDIVISION |
|
Sec. 1050.004. DISTRICT TERRITORY |
|
Sec. 1050.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1050.006. PUBLIC PURPOSE; TAX EXEMPTION |
|
[Sections 1050.007-1050.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1050.051. BOARD ELECTION AND APPOINTMENT; TERM |
|
Sec. 1050.052. NOTICE OF ELECTION |
|
Sec. 1050.053. BALLOT PETITION |
|
Sec. 1050.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1050.055. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION OF OFFICE |
|
Sec. 1050.056. BOARD VACANCY |
|
Sec. 1050.057. DIRECTOR RIGHTS, PRIVILEGES, AND DUTIES |
|
Sec. 1050.058. OFFICERS |
|
Sec. 1050.059. COMPENSATION; EXPENSES |
|
Sec. 1050.060. VOTING REQUIREMENT |
|
Sec. 1050.061. EMPLOYEES |
|
Sec. 1050.062. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1050.063. SEAL |
|
[Sections 1050.064-1050.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1050.101. DISTRICT RESPONSIBILITY |
|
Sec. 1050.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION AND DEBT |
|
Sec. 1050.103. RULES |
|
Sec. 1050.104. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1050.105. EMINENT DOMAIN |
|
Sec. 1050.106. GIFTS AND ENDOWMENTS |
|
Sec. 1050.107. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1050.108. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1050.109-1050.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1050.151. BUDGET |
|
Sec. 1050.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1050.153. FISCAL YEAR |
|
Sec. 1050.154. ANNUAL AUDIT |
|
Sec. 1050.155. DEPOSITORY OR TREASURER |
|
Sec. 1050.156. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1050.157-1050.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1050.201. GENERAL OBLIGATION BONDS |
|
Sec. 1050.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1050.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1050.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1050.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
[Sections 1050.206-1050.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1050.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1050.252. TAX RATE |
|
Sec. 1050.253. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
Sec. 1050.254. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1050. KNOX COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1050.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Knox County Hospital |
|
District. (New.) |
|
Sec.1050.002.AUTHORITY FOR OPERATION. The district |
|
operates in accordance with Section 9, Article IX, Texas |
|
Constitution. (Acts 60th Leg., R.S., Ch. 241, Sec. 1 (part).) |
|
Sec.1050.003.POLITICAL SUBDIVISION. The district is a |
|
political subdivision of this state. (Acts 60th Leg., R.S., Ch. |
|
241, Sec. 17 (part).) |
|
Sec.1050.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Knox County, Texas. |
|
(Acts 60th Leg., R.S., Ch. 241, Sec. 1 (part).) |
|
Sec.1050.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 60th Leg., R.S., Ch. 241, Sec. 18 (part).) |
|
Sec.1050.006.PUBLIC PURPOSE; TAX EXEMPTION. All property |
|
owned by the district: |
|
(1) shall be held for public purposes; and |
|
(2) is exempt from taxation of every character. (Acts |
|
60th Leg., R.S., Ch. 241, Sec. 17 (part).) |
|
[Sections 1050.007-1050.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1050.051.BOARD ELECTION AND APPOINTMENT; TERM. (a) |
|
The district is governed by a board of seven directors as follows: |
|
(1) four directors appointed by the Commissioners |
|
Court of Knox County to board positions 1 through 4, with one |
|
director appointed from each of the four county commissioner |
|
precincts as the precincts existed on May 22, 1967; and |
|
(2) three directors elected from the district at large |
|
to board positions 5 through 7. |
|
(b) Directors serve staggered two-year terms. |
|
(c) The Commissioners Court of Knox County shall appoint two |
|
successor directors on or before the first Saturday in April of each |
|
year. (Acts 60th Leg., R.S., Ch. 241, Sec. 4 (part).) |
|
Sec.1050.052.NOTICE OF ELECTION. At least 10 days before |
|
the date of an election of directors, notice of the election shall |
|
be published one time in a newspaper of general circulation in Knox |
|
County. (Acts 60th Leg., R.S., Ch. 241, Sec. 4 (part).) |
|
Sec.1050.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for elected |
|
director must file with the board secretary a petition requesting |
|
that action. The petition must: |
|
(1) be signed by at least 25 registered district |
|
voters; and |
|
(2) be filed at least 25 days before the date of the |
|
election. (Acts 60th Leg., R.S., Ch. 241, Sec. 4 (part).) |
|
Sec.1050.054.QUALIFICATIONS FOR OFFICE. (a) A person is |
|
not qualified for appointment or election as a director unless the |
|
person: |
|
(1) is a district resident; |
|
(2) owns land subject to taxation by the district; and |
|
(3) is at least 18 years of age at the time of the |
|
appointment or election. |
|
(b) A person may not be appointed as a director for a |
|
commissioners precinct unless at the time of appointment the person |
|
is a resident of that commissioners precinct. (Acts 60th Leg., |
|
R.S., Ch. 241, Sec. 4 (part).) |
|
Sec. 1050.055. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
bond for $1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) Each director's bond and constitutional oath or |
|
affirmation of office shall be deposited with the district's |
|
depository bank for safekeeping. (Acts 60th Leg., R.S., Ch. 241, |
|
Sec. 4 (part).) |
|
Sec.1050.056.BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of an elected director, the remaining directors shall |
|
appoint a director for the unexpired term. |
|
(b) If a vacancy occurs in the office of an appointed |
|
director, the Commissioners Court of Knox County shall appoint a |
|
director for the unexpired term. (Acts 60th Leg., R.S., Ch. 241, |
|
Sec. 4 (part).) |
|
Sec.1050.057.DIRECTOR RIGHTS, PRIVILEGES, AND DUTIES. |
|
The directors have identical rights, privileges, and duties in all |
|
matters concerning the board's business. (Acts 60th Leg., R.S., |
|
Ch. 241, Sec. 4 (part).) |
|
Sec.1050.058.OFFICERS. The board shall elect from among |
|
its members a president and a secretary. (Acts 60th Leg., R.S., Ch. |
|
241, Sec. 4 (part).) |
|
Sec.1050.059.COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in the performance of official duties on approval of the |
|
expenses by the board. (Acts 60th Leg., R.S., Ch. 241, Sec. 4 |
|
(part).) |
|
Sec.1050.060.VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 60th Leg., R.S., Ch. 241, Sec. 4 (part).) |
|
Sec.1050.061.EMPLOYEES. The board may employ a general |
|
manager, attorneys, bookkeepers, architects, or any other |
|
employees considered necessary for the efficient operation of the |
|
district. (Acts 60th Leg., R.S., Ch. 241, Sec. 8 (part).) |
|
Sec.1050.062.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
Except as provided by Section 1050.055, all district records, |
|
including books, accounts, notices, minutes, and all other matters |
|
of the district and the operation of its facilities, shall be: |
|
(1) maintained at the district office; and |
|
(2) open to public inspection at the district office |
|
at all reasonable hours. (Acts 60th Leg., R.S., Ch. 241, Sec. 8 |
|
(part).) |
|
Sec.1050.063.SEAL. The board may adopt a seal for the |
|
district. (Acts 60th Leg., R.S., Ch. 241, Sec. 8 (part).) |
|
[Sections 1050.064-1050.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1050.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy and indigent residents. (Acts 60th Leg., R.S., |
|
Ch. 241, Secs. 2 (part), 13 (part).) |
|
Sec. 1050.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION AND DEBT. Knox County or a municipality in Knox County may |
|
not impose a tax on property in the district for hospital purposes. |
|
(Acts 60th Leg., R.S., Ch. 241, Sec. 13 (part).) |
|
Sec.1050.103.RULES. (a) The board may adopt rules |
|
governing the operation of the district, including district |
|
facilities. |
|
(b) On approval of the board, the rules may be published in |
|
booklet form at district expense and made available to any taxpayer |
|
on request. (Acts 60th Leg., R.S., Ch. 241, Sec. 8 (part).) |
|
Sec.1050.104.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
The board may prescribe the method and manner of making purchases |
|
and expenditures by and for the district. |
|
(b) The board shall prescribe: |
|
(1) all accounting and control procedures; and |
|
(2) the method of purchasing necessary supplies, |
|
materials, and equipment. (Acts 60th Leg., R.S., Ch. 241, Sec. 8 |
|
(part).) |
|
Sec.1050.105.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property, real, personal, or mixed, |
|
located in district territory, if the interest is necessary or |
|
convenient for the district to exercise a right, power, privilege, |
|
or function conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 60th Leg., R.S., Ch. 241, Sec. |
|
10.) |
|
Sec.1050.106.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 60th Leg., R.S., Ch. 241, Sec. |
|
15.) |
|
Sec.1050.107.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the board shall have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If an agent designated by the district to handle the |
|
inquiry determines that the patient or those relatives cannot pay |
|
all or part of the costs of the care and treatment in the hospital, |
|
the amount of the costs that cannot be paid becomes a charge against |
|
the district. |
|
(c) If the board determines that the patient or those |
|
relatives are liable to pay all or part of the costs of the |
|
patient's care and treatment, the patient or those relatives shall |
|
be ordered to pay to the district's treasurer a specified amount |
|
each week for the patient's support. The amount ordered must be |
|
proportionate to the person's financial ability and may not exceed |
|
the actual per capita cost of maintenance. |
|
(d) The district may collect the amount from the patient's |
|
estate, or from any relative who is legally liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district's designated agent, the board shall hold |
|
a hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue an appropriate order. |
|
(f) Either party to the dispute may appeal the order to the |
|
district court. (Acts 60th Leg., R.S., Ch. 241, Sec. 14.) |
|
Sec.1050.108.AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district may sue and be sued in its own |
|
name in any court in this state. (Acts 60th Leg., R.S., Ch. 241, |
|
Sec. 17 (part).) |
|
[Sections 1050.109-1050.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1050.151.BUDGET. The board annually shall require a |
|
budget to be prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 60th Leg., R.S., Ch. 241, Sec. 9 (part).) |
|
Sec.1050.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in Knox County not later than the |
|
10th day before the date of the hearing. |
|
(c) Any district taxpayer is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. (Acts 60th Leg., R.S., Ch. 241, Sec. 9 (part).) |
|
Sec.1050.153.FISCAL YEAR. The district operates on a |
|
fiscal year that begins on October 1 and ends on September 30. (Acts |
|
60th Leg., R.S., Ch. 241, Sec. 9 (part).) |
|
Sec.1050.154.ANNUAL AUDIT. (a) The board annually shall |
|
have an independent audit made of the district's books and records |
|
for the fiscal year. |
|
(b) Not later than December 31 each year, the audit shall be |
|
filed: |
|
(1) with the comptroller; and |
|
(2) at the district office. (Acts 60th Leg., R.S., Ch. |
|
241, Sec. 9 (part).) |
|
Sec.1050.155.DEPOSITORY OR TREASURER. (a) The board by |
|
resolution shall designate a bank in Knox County as the district's |
|
depository or treasurer. A designated bank serves for two years |
|
until a successor is designated. |
|
(b) All income received by the district shall be deposited |
|
with the district depository. |
|
(c) All district money shall be secured in the manner |
|
provided for securing county funds. (Acts 60th Leg., R.S., Ch. 241, |
|
Secs. 5 (part), 11.) |
|
Sec.1050.156.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
The board may borrow money at a rate of interest the board |
|
determines is appropriate. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; or |
|
(2) property acquired with the loan proceeds that is |
|
not pledged to pay the district's bonded indebtedness. |
|
(c) A loan authorized by this section must mature not later |
|
than the fifth anniversary of the date the loan is made. (Acts 60th |
|
Leg., R.S., Ch. 241, Sec. 6A.) |
|
[Sections 1050.157-1050.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1050.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 60th Leg., R.S., Ch. 241, Sec. 6 (part).) |
|
Sec.1050.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
The board shall impose an ad valorem tax at a rate sufficient to |
|
create an interest and sinking fund to pay the principal of and |
|
interest on general obligation bonds issued by the district under |
|
Section 1050.201 as the bonds mature. |
|
(b) Except as provided by Section 1050.253, the tax required |
|
by this section together with any other ad valorem tax the district |
|
imposes may not in any year exceed 35 cents on each $100 valuation |
|
of all taxable property in the district. (Acts 60th Leg., R.S., Ch. |
|
241, Sec. 6 (part).) |
|
Sec.1050.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order the election on its own motion. |
|
(c) The order calling the election must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding election officers; |
|
(4) the purpose of the bond issuance; |
|
(5) the amount of the bonds to be authorized; |
|
(6) the maximum interest rate of the bonds; and |
|
(7) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the order calling the election in a newspaper of |
|
general circulation in Knox County once each week for two |
|
consecutive weeks before the date of the election. The first |
|
publication must occur at least 14 days before the date of the |
|
election. (Acts 60th Leg., R.S., Ch. 241, Sec. 6 (part).) |
|
Sec.1050.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 60th Leg., R.S., Ch. 241, |
|
Sec. 6 (part).) |
|
Sec.1050.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
60th Leg., R.S., Ch. 241, Sec. 6 (part).) |
|
[Sections 1050.206-1050.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1050.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the annual budget, the board shall impose a tax on all |
|
property in the district subject to district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds or other obligations issued or assumed by the district for |
|
hospital purposes; |
|
(2) provide for the operation and maintenance of the |
|
district and hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 60th Leg., R.S., Ch. 241, |
|
Secs. 5 (part), 9 (part).) |
|
Sec.1050.252.TAX RATE. The board may impose the tax at a |
|
rate not to exceed 35 cents on each $100 valuation of taxable |
|
property in the district, unless the tax rate is increased as |
|
provided by Section 1050.253. (Acts 60th Leg., R.S., Ch. 241, Sec. |
|
5 (part).) |
|
Sec.1050.253.ELECTION TO INCREASE MAXIMUM TAX RATE. (a) |
|
The board may order an election to increase the district's maximum |
|
tax rate to a rate not to exceed 75 cents on each $100 valuation of |
|
taxable property in the district. |
|
(b) The maximum tax rate may not be increased unless the |
|
increase is approved by a majority of the district voters voting in |
|
an election held for that purpose. |
|
(c) The board may order the election on its own motion. |
|
(d) The election order must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding election officers; and |
|
(4) the purpose of the election. |
|
(e) Notice of the election shall be given by publishing a |
|
substantial copy of the election order in a newspaper of general |
|
circulation in Knox County once a week for two consecutive weeks |
|
before the date of the election. The first publication must occur |
|
at least 14 days before the date of the election. (Acts 60th Leg., |
|
R.S., Ch. 241, Sec. 5 (part).) |
|
Sec.1050.254.TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector of Knox County shall assess and collect taxes |
|
imposed by the district. (Acts 60th Leg., R.S., Ch. 241, Secs. 5 |
|
(part), 9 (part).) |
|
CHAPTER 1051. LAVACA HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1051.001. DEFINITIONS |
|
Sec. 1051.002. AUTHORITY FOR OPERATION |
|
Sec. 1051.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1051.004. DISTRICT TERRITORY |
|
Sec. 1051.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1051.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1051.007. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1051.008-1051.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1051.051. BOARD ELECTION; TERM |
|
Sec. 1051.052. NOTICE OF ELECTION |
|
Sec. 1051.053. BALLOT PETITION |
|
Sec. 1051.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1051.055. BOARD VACANCY |
|
Sec. 1051.056. OFFICERS |
|
Sec. 1051.057. COMPENSATION; EXPENSES |
|
Sec. 1051.058. VOTING REQUIREMENT |
|
Sec. 1051.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1051.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1051.061. EMPLOYEES; APPOINTMENT OF STAFF |
|
Sec. 1051.062. RETIREMENT BENEFITS |
|
[Sections 1051.063-1051.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1051.101. DISTRICT RESPONSIBILITY |
|
Sec. 1051.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1051.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1051.104. HOSPITAL SYSTEM |
|
Sec. 1051.105. RULES |
|
Sec. 1051.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1051.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1051.108. EMINENT DOMAIN |
|
Sec. 1051.109. GIFTS AND ENDOWMENTS |
|
Sec. 1051.110. CONSTRUCTION CONTRACTS |
|
Sec. 1051.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1051.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1051.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1051.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1051.115. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1051.116-1051.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1051.151. BUDGET |
|
Sec. 1051.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1051.153. AMENDMENTS TO BUDGET |
|
Sec. 1051.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1051.155. FISCAL YEAR |
|
Sec. 1051.156. AUDIT |
|
Sec. 1051.157. INSPECTION OF AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1051.158. FINANCIAL REPORT |
|
Sec. 1051.159. DEPOSITORY |
|
Sec. 1051.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1051.161-1051.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1051.201. GENERAL OBLIGATION BONDS |
|
Sec. 1051.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1051.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1051.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1051.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1051.206. REVENUE BONDS |
|
Sec. 1051.207. REFUNDING BONDS |
|
Sec. 1051.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1051.209-1051.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1051.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1051.252. TAX RATE |
|
Sec. 1051.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR |
|
Sec. 1051.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1051. LAVACA HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1051.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Lavaca Hospital District. |
|
(New.) |
|
Sec.1051.002.AUTHORITY FOR OPERATION. The district |
|
operates and is administered and financed in accordance with |
|
Section 9, Article IX, Texas Constitution, and has the rights, |
|
powers, and duties provided by this chapter. (Acts 64th Leg., R.S., |
|
Ch. 16, Sec. 1 (part).) |
|
Sec.1051.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 64th Leg., R.S., Ch. 16, Sec. 22 (part).) |
|
Sec.1051.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of the following |
|
school districts, all located in Lavaca County, as those boundaries |
|
existed on March 13, 1975: |
|
(1) Hallettsville Independent School District, |
|
including the Moravia School District No. 7; |
|
(2) Ezzell School District No. 54; |
|
(3) Vysehrad School District No. 29; |
|
(4) the part of the Oakland-Weimar Independent School |
|
Districts of Colorado County that is located in Lavaca County; and |
|
(5) the part of the Provident City Independent School |
|
District that is located in Lavaca County. (Acts 64th Leg., R.S., |
|
Ch. 16, Sec. 1 (part); New.) |
|
Sec.1051.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 64th Leg., R.S., Ch. 16, Sec. 24 (part).) |
|
Sec. 1051.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 64th |
|
Leg., R.S., Ch. 16, Sec. 21 (part).) |
|
Sec.1051.007.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 64th Leg., R.S., Ch. 16, Sec. 21 (part).) |
|
[Sections 1051.008-1051.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1051.051.BOARD ELECTION; TERM. (a) The board |
|
consists of seven directors elected from the district at large by |
|
place. |
|
(b) Directors serve staggered four-year terms. |
|
(c) An election shall be held on the uniform election date |
|
in May of each even-numbered year to elect the appropriate number of |
|
directors. (Acts 64th Leg., R.S., Ch. 16, Secs. 4(a) (part), (b) |
|
(part).) |
|
Sec.1051.052.NOTICE OF ELECTION. Not later than the 31st |
|
day before the date of an election of directors, notice of the |
|
election shall be published one time in a newspaper or newspapers |
|
that individually or collectively have general circulation in the |
|
district. (Acts 64th Leg., R.S., Ch. 16, Sec. 4(b) (part).) |
|
Sec.1051.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must: |
|
(1) be signed by at least 10 voters; |
|
(2) specify the place for which the person is to be a |
|
candidate; and |
|
(3) be filed not later than the 31st day before the |
|
date of the election. (Acts 64th Leg., R.S., Ch. 16, Sec. 4(b) |
|
(part).) |
|
Sec.1051.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) a district resident; |
|
(2) a freeholder; and |
|
(3) a qualified voter. |
|
(b) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; or |
|
(2) a district employee. (Acts 64th Leg., R.S., Ch. |
|
16, Sec. 4(c).) |
|
Sec.1051.055.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 64th Leg., R.S., Ch. 16, |
|
Sec. 4(b) (part).) |
|
Sec.1051.056.OFFICERS. (a) The board shall elect: |
|
(1) a president and a vice president from among its |
|
members; and |
|
(2) a secretary, who need not be a director. |
|
(b) Each officer of the board serves for a term of one year. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 64th Leg., R.S., Ch. 16, Sec. 4(d) (part).) |
|
Sec.1051.057.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 64th Leg., R.S., Ch. |
|
16, Sec. 4(d) (part).) |
|
Sec.1051.058.VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors is sufficient in any matter relating to |
|
district business. (Acts 64th Leg., R.S., Ch. 16, Sec. 4(d) |
|
(part).) |
|
Sec. 1051.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
district administrator. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The district administrator and any assistant |
|
administrator serve at the will of the board and are entitled to the |
|
compensation determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 64th Leg., R.S., Ch. 16, Sec. 5 (part).) |
|
Sec.1051.060.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 64th |
|
Leg., R.S., Ch. 16, Sec. 5 (part).) |
|
Sec.1051.061.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as necessary. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to hire district employees, including technicians and |
|
nurses. (Acts 64th Leg., R.S., Ch. 16, Secs. 5 (part), 17.) |
|
Sec.1051.062.RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 64th Leg., R.S., Ch. |
|
16, Sec. 6.) |
|
[Sections 1051.063-1051.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1051.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating all hospital facilities for |
|
providing medical and hospital care for the district's needy |
|
inhabitants. (Acts 64th Leg., R.S., Ch. 16, Sec. 20 (part).) |
|
Sec. 1051.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located within the |
|
district may not impose a tax or issue bonds or other obligations |
|
for hospital purposes or to provide medical care. (Acts 64th Leg., |
|
R.S., Ch. 16, Sec. 20 (part).) |
|
Sec.1051.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 64th Leg., R.S., Ch. |
|
16, Sec. 5 (part).) |
|
Sec.1051.104.HOSPITAL SYSTEM. (a) The district shall |
|
provide for the establishment of a hospital system by: |
|
(1) purchasing, constructing, acquiring by gift or |
|
otherwise, repairing, or renovating buildings and equipment; |
|
(2) equipping the buildings; and |
|
(3) administering the buildings and equipment for |
|
hospital purposes. |
|
(b) The hospital system may include: |
|
(1) domiciliary care and treatment of the sick, |
|
injured, or geriatric; |
|
(2) outpatient clinics; |
|
(3) dispensaries; |
|
(4) convalescent home facilities; |
|
(5) necessary nurses; |
|
(6) domiciliaries and training centers; |
|
(7) blood banks; |
|
(8) community mental health centers; |
|
(9) research centers or laboratories; and |
|
(10) any other facilities the board considers |
|
necessary for hospital care. (Acts 64th Leg., R.S., Ch. 16, Secs. 2 |
|
(part), 11(a) (part).) |
|
Sec.1051.105.RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 64th Leg., R.S., Ch. 16, Sec. |
|
5 (part).) |
|
Sec.1051.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 64th |
|
Leg., R.S., Ch. 16, Sec. 11(b) (part).) |
|
Sec. 1051.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system. |
|
(b) The board may lease all or part of the district's |
|
buildings and other facilities on terms considered to be in the best |
|
interest of the district's inhabitants. The term of the lease may |
|
not exceed 25 years. |
|
(c) The district may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the property as |
|
security for the payment of the purchase price. A contract entered |
|
into under this subsection must provide that the entire obligation |
|
be retired not later than the fifth anniversary of the date of the |
|
contract. |
|
(d) The district may sell or otherwise dispose of any |
|
property, including equipment, on terms the board finds are in the |
|
best interest of the district's inhabitants. (Acts 64th Leg., |
|
R.S., Ch. 16, Secs. 11(a) (part), (b) (part).) |
|
Sec.1051.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary or convenient for the |
|
district to exercise a power, right, or privilege conferred by this |
|
chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 64th Leg., R.S., Ch. 16, Sec. 15.) |
|
Sec.1051.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 64th Leg., R.S., Ch. 16, Sec. |
|
19.) |
|
Sec.1051.110.CONSTRUCTION CONTRACTS. A construction |
|
contract that involves the expenditure of more than $10,000 may be |
|
made only after advertising in the manner provided by Chapter 252 |
|
and Subchapter C, Chapter 262, Local Government Code. (Acts 64th |
|
Leg., R.S., Ch. 16, Sec. 11(b) (part).) |
|
Sec.1051.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 64th Leg., R.S., Ch. 16, Sec. 11(a) |
|
(part).) |
|
Sec. 1051.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries for the care |
|
and treatment of a sick or injured person of that county or |
|
municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for the treatment of a sick or injured person. (Acts 64th |
|
Leg., R.S., Ch. 16, Sec. 5 (part).) |
|
Sec. 1051.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district |
|
to provide investigatory or other services for the medical, |
|
hospital, or welfare needs of district inhabitants. (Acts 64th |
|
Leg., R.S., Ch. 16, Sec. 5 (part).) |
|
Sec.1051.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment in the hospital, the amount of the costs that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(f) A final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 64th Leg., R.S., Ch. 16, Sec. 18.) |
|
Sec.1051.115.AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 64th Leg., R.S., Ch. |
|
16, Sec. 5 (part).) |
|
[Sections 1051.116-1051.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1051.151.BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand in each district fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 64th Leg., |
|
R.S., Ch. 16, Sec. 7 (part).) |
|
Sec.1051.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) Notice of the hearing must be published one time at |
|
least 10 days before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the taxpayers |
|
and that the law warrants. (Acts 64th Leg., R.S., Ch. 16, Sec. 7 |
|
(part).) |
|
Sec.1051.153.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 64th Leg., R.S., Ch. 16, Sec. 7 (part).) |
|
Sec.1051.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 64th Leg., R.S., Ch. 16, Sec. 7 (part).) |
|
Sec.1051.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period that revenue bonds of the district |
|
are outstanding; or |
|
(2) more than once in a 24-month period. (Acts 64th |
|
Leg., R.S., Ch. 16, Sec. 7 (part).) |
|
Sec.1051.156.AUDIT. The board shall have an audit made of |
|
the district's financial condition. (Acts 64th Leg., R.S., Ch. 16, |
|
Sec. 7 (part).) |
|
Sec.1051.157.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
The audit and other district records shall be open to inspection at |
|
the district's principal office. (Acts 64th Leg., R.S., Ch. 16, |
|
Sec. 7 (part).) |
|
Sec.1051.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 64th Leg., R.S., Ch. 16, Sec. 7 (part).) |
|
Sec.1051.159.DEPOSITORY. (a) The board shall select one |
|
or more banks in the district to serve as a depository for district |
|
money. |
|
(b) District money, other than money invested as provided by |
|
Section 1051.160(b), and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to: |
|
(1) place a part of district money on time deposit; |
|
(2) purchase certificates of deposit; or |
|
(3) invest a part of district money in a local |
|
government investment pool established in the Texas Treasury |
|
Safekeeping Trust Company. |
|
(d) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or other security in an amount sufficient to secure from loss the |
|
district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 64th Leg., R.S., Ch. 16, Sec. |
|
12.) |
|
Sec.1051.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Section 1051.107(c) and by |
|
Subchapter E, the district may not incur an obligation payable from |
|
district revenue other than the revenue on hand or to be on hand in |
|
the current and following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 64th Leg., R.S., Ch. 16, Secs. 5 |
|
(part), 11(b) (part).) |
|
[Sections 1051.161-1051.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1051.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 64th Leg., R.S., Ch. 16, Sec. 8(a) (part).) |
|
Sec.1051.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1051.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of all taxable property in the |
|
district. (Acts 64th Leg., R.S., Ch. 16, Sec. 8(a) (part).) |
|
Sec.1051.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters. |
|
(b) The order calling the election shall provide for clerks |
|
as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. (Acts 64th Leg., R.S., Ch. 16, |
|
Sec. 8(a) (part).) |
|
Sec.1051.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 64th Leg., R.S., Ch. 16, |
|
Sec. 8(c) (part).) |
|
Sec.1051.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 64th Leg., |
|
R.S., Ch. 16, Sec. 8(c) (part).) |
|
Sec.1051.206.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
64th Leg., R.S., Ch. 16, Sec. 10 (part).) |
|
Sec.1051.207.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding |
|
indebtedness issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 64th |
|
Leg., R.S., Ch. 16, Secs. 8(a) (part), (b) (part), 10 (part).) |
|
Sec.1051.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 64th |
|
Leg., R.S., Ch. 16, Sec. 22 (part).) |
|
[Sections 1051.209-1051.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1051.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The board shall impose the tax to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The board may not impose a tax to pay the principal of or |
|
interest on revenue bonds issued under Section 1051.206. (Acts |
|
64th Leg., R.S., Ch. 16, Secs. 13 (part), 16(a) (part).) |
|
Sec.1051.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 64th |
|
Leg., R.S., Ch. 16, Secs. 3(b) (part), 13 (part).) |
|
Sec. 1051.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR. (a) This section applies unless the board |
|
elects to have taxes assessed and collected under Section 1051.254. |
|
(b) The tax assessor-collector of Lavaca County shall |
|
assess and collect taxes imposed by the district. (Acts 64th Leg., |
|
R.S., Ch. 16, Secs. 16(a) (part), (b) (part).) |
|
Sec. 1051.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes |
|
assessed and collected by a tax assessor-collector appointed by the |
|
board. An election under this subsection must be made by December 1 |
|
and governs the manner in which taxes are assessed and collected, |
|
until changed by a similar resolution. |
|
(b) The district tax assessor-collector must: |
|
(1) reside in the district; and |
|
(2) own real property subject to district taxation. |
|
(c) The board shall set for the district tax |
|
assessor-collector: |
|
(1) the term of employment; and |
|
(2) compensation. (Acts 64th Leg., R.S., Ch. 16, |
|
Secs. 16(a) (part), (c) (part).) |
|
CHAPTER 1052. LOCKNEY GENERAL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1052.001. DEFINITIONS |
|
Sec. 1052.002. AUTHORITY FOR CREATION |
|
Sec. 1052.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1052.004. DISTRICT TERRITORY |
|
Sec. 1052.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1052.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
[Sections 1052.007-1052.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1052.051. BOARD ELECTION; TERM |
|
Sec. 1052.052. NOTICE OF ELECTION |
|
Sec. 1052.053. BALLOT PETITION |
|
Sec. 1052.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1052.055. BOARD VACANCY |
|
Sec. 1052.056. OFFICERS |
|
Sec. 1052.057. COMPENSATION; EXPENSES |
|
Sec. 1052.058. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1052.059. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1052.060. EMPLOYEES; APPOINTMENT OF STAFF |
|
[Sections 1052.061-1052.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1052.101. DISTRICT RESPONSIBILITY |
|
Sec. 1052.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1052.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1052.104. HOSPITAL SYSTEM |
|
Sec. 1052.105. RULES |
|
Sec. 1052.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1052.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1052.108. EMINENT DOMAIN |
|
Sec. 1052.109. GIFTS AND ENDOWMENTS |
|
Sec. 1052.110. CONSTRUCTION CONTRACTS |
|
Sec. 1052.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1052.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1052.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1052.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1052.115. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1052.116-1052.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1052.151. BUDGET |
|
Sec. 1052.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1052.153. AMENDMENTS TO BUDGET |
|
Sec. 1052.154. FISCAL YEAR |
|
Sec. 1052.155. AUDIT |
|
Sec. 1052.156. INSPECTION OF AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1052.157. FINANCIAL REPORT |
|
Sec. 1052.158. DEPOSITORY |
|
Sec. 1052.159. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1052.160-1052.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1052.201. GENERAL OBLIGATION BONDS |
|
Sec. 1052.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1052.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1052.204. REVENUE BONDS |
|
Sec. 1052.205. REFUNDING BONDS |
|
Sec. 1052.206. MATURITY OF BONDS |
|
Sec. 1052.207. EXECUTION OF BONDS |
|
Sec. 1052.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1052.209-1052.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1052.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1052.252. TAX RATE |
|
Sec. 1052.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1052. LOCKNEY GENERAL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1052.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Lockney General Hospital |
|
District. (Acts 63rd Leg., R.S., Ch. 58, Sec. 1 (part); New.) |
|
Sec.1052.002.AUTHORITY FOR CREATION. The district is |
|
created under the authority of Section 9, Article IX, Texas |
|
Constitution. The district has the rights, powers, and duties |
|
conferred by this chapter and general laws relating to hospital |
|
districts. (Acts 63rd Leg., R.S., Ch. 58, Secs. 1 (part), 2 |
|
(part).) |
|
Sec.1052.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 63rd Leg., R.S., Ch. 58, Sec. 22 (part).) |
|
Sec.1052.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of County |
|
Commissioners Precinct No. 2 of Floyd County as those boundaries |
|
existed on January 1, 1973. (Acts 63rd Leg., R.S., Ch. 58, Sec. 1 |
|
(part).) |
|
Sec.1052.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 63rd Leg., R.S., Ch. 58, Sec. 24 (part).) |
|
Sec. 1052.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 63rd |
|
Leg., R.S., Ch. 58, Sec. 21 (part).) |
|
[Sections 1052.007-1052.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1052.051.BOARD ELECTION; TERM. (a) The board |
|
consists of five directors elected from the district at large. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; and |
|
(2) the terms of three directors expire in |
|
odd-numbered years and the terms of two directors expire in |
|
even-numbered years. |
|
(c) The election order must state the time, place, and |
|
purpose of the election. |
|
(d) A director may not serve more than three successive |
|
terms. (Acts 63rd Leg., R.S., Ch. 58, Secs. 4(a) (part), (b) |
|
(part).) |
|
Sec.1052.052.NOTICE OF ELECTION. At least five days |
|
before the date of an election of directors, notice of the election |
|
shall be published one time in a newspaper of general circulation in |
|
the area of the district. (Acts 63rd Leg., R.S., Ch. 58, Sec. 4(a) |
|
(part).) |
|
Sec.1052.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by at least 10 registered voters; and |
|
(2) filed at least 25 days before the date of the |
|
election. (Acts 63rd Leg., R.S., Ch. 58, Sec. 4(a) (part).) |
|
Sec.1052.054.QUALIFICATIONS FOR OFFICE. To be eligible |
|
to hold office as a director, a person must be a resident |
|
property-owning taxpaying voter of the district. (Acts 63rd Leg., |
|
R.S., Ch. 58, Sec. 4(b) (part).) |
|
Sec.1052.055.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors by majority vote shall |
|
appoint a director for the unexpired term. (Acts 63rd Leg., R.S., |
|
Ch. 58, Sec. 4(a) (part).) |
|
Sec.1052.056.OFFICERS. (a) The board shall elect from |
|
among its members a president, vice president, secretary, and other |
|
officers as in the judgment of the board are necessary. |
|
(b) The president is the chief executive officer of the |
|
district and has the same right to vote as any other director. |
|
(c) If the president is absent or fails and declines to act, |
|
the vice president shall perform the president's duties and |
|
exercise the president's powers under this chapter. (Acts 63rd |
|
Leg., R.S., Ch. 58, Sec. 4(b) (part).) |
|
Sec.1052.057.COMPENSATION; EXPENSES. A director serves |
|
without compensation but may receive actual expenses incurred in |
|
attending to district business on approval of the expenses by the |
|
remainder of the board. (Acts 63rd Leg., R.S., Ch. 58, Sec. 4(b) |
|
(part).) |
|
Sec. 1052.058. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
district administrator. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The district administrator and any assistant |
|
administrator serve at the will of the board and are entitled to the |
|
compensation determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 63rd Leg., R.S., Ch. 58, Sec. 5 (part).) |
|
Sec.1052.059.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 63rd |
|
Leg., R.S., Ch. 58, Sec. 5 (part).) |
|
Sec.1052.060.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as necessary. |
|
(b) The board shall determine the type, number, and location |
|
of district employees required to maintain an adequate hospital |
|
system. The board may employ fiscal agents, accountants, |
|
architects, attorneys, and other employees the board considers |
|
proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to hire district employees, including technicians and |
|
nurses. (Acts 63rd Leg., R.S., Ch. 58, Secs. 5 (part), 10(a) |
|
(part), 17.) |
|
[Sections 1052.061-1052.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1052.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing hospital care for the district's |
|
indigent residents. (Acts 63rd Leg., R.S., Ch. 58, Sec. 20 (part).) |
|
Sec. 1052.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located within the |
|
district may not impose a tax or issue bonds or other obligations |
|
for hospital purposes for the area of the district or to provide |
|
medical care for district inhabitants. (Acts 63rd Leg., R.S., Ch. |
|
58, Sec. 20 (part).) |
|
Sec.1052.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
(a) The board shall manage, control, and administer the hospital |
|
system and the district's money and resources. |
|
(b) Unless specifically stated otherwise in this chapter, |
|
the board has the power to do anything which, in their opinion, is |
|
necessary for the good maintenance, operation, and welfare of the |
|
district and the district's employees, patients, and property. |
|
(Acts 63rd Leg., R.S., Ch. 58, Secs. 5 (part), 21 (part).) |
|
Sec.1052.104.HOSPITAL SYSTEM. (a) The district shall |
|
provide for the establishment of a hospital system by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and equipment; |
|
(2) equipping the buildings; and |
|
(3) administering the buildings and equipment for |
|
hospital purposes. |
|
(b) The hospital system may include: |
|
(1) facilities for domiciliary care of the sick, |
|
injured, or geriatric; |
|
(2) facilities for outpatient clinics; |
|
(3) dispensaries; |
|
(4) convalescent home facilities; |
|
(5) necessary nurses' domiciliaries and training |
|
centers; |
|
(6) blood banks; |
|
(7) research centers or laboratories; and |
|
(8) ambulances and other facilities or services the |
|
board considers necessary for hospital care. (Acts 63rd Leg., |
|
R.S., Ch. 58, Secs. 2 (part), 10(a) (part).) |
|
Sec.1052.105.RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 63rd Leg., R.S., Ch. 58, Sec. |
|
5 (part).) |
|
Sec.1052.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 63rd |
|
Leg., R.S., Ch. 58, Sec. 11 (part).) |
|
Sec. 1052.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type of equipment and |
|
the type, number, and location of buildings required to maintain an |
|
adequate hospital system. |
|
(b) The board may lease all or part of the district's |
|
buildings and other facilities on terms considered to be in the best |
|
interest of the district's inhabitants. The term of the lease may |
|
not exceed 25 years. |
|
(c) The district may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the property as |
|
security for the payment of the purchase price. A contract entered |
|
into under this subsection must provide that the entire obligation |
|
be retired not later than the fifth anniversary of the date of the |
|
contract. |
|
(d) The district may sell or otherwise dispose of any |
|
property, including equipment, on terms the board finds are in the |
|
best interest of the district's inhabitants. The board may not sell |
|
or dispose of any real property unless the board affirmatively |
|
finds that the real property is not needed for the operation of the |
|
hospital system. (Acts 63rd Leg., R.S., Ch. 58, Secs. 10(a) (part), |
|
(b) (part), 11 (part).) |
|
Sec.1052.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary for the district to exercise |
|
a power, right, or privilege conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 63rd Leg., R.S., Ch. 58, Sec. 15.) |
|
Sec.1052.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment for hospital purposes to be |
|
held in trust and administered by the board for the purposes and |
|
under the directions, limitations, or other provisions prescribed |
|
in writing by the donor that are not inconsistent with the proper |
|
management and objectives of the district. (Acts 63rd Leg., R.S., |
|
Ch. 58, Sec. 19.) |
|
Sec.1052.110.CONSTRUCTION CONTRACTS. A construction |
|
contract that involves the expenditure of more than $2,000 may be |
|
made only after advertising in the manner provided by Chapter 252 |
|
and Subchapter C, Chapter 262, Local Government Code. (Acts 63rd |
|
Leg., R.S., Ch. 58, Sec. 11 (part).) |
|
Sec.1052.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 63rd Leg., R.S., Ch. 58, Sec. 10(b) |
|
(part).) |
|
Sec. 1052.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries for the care |
|
and treatment of a sick or injured person of that county or |
|
municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for the treatment of a sick or injured person. (Acts 63rd |
|
Leg., R.S., Ch. 58, Sec. 5 (part).) |
|
Sec. 1052.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district to |
|
provide investigatory or other services for the medical, hospital, |
|
or welfare needs of district inhabitants. (Acts 63rd Leg., R.S., |
|
Ch. 58, Sec. 5 (part).) |
|
Sec.1052.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment in the hospital, the amount of the costs that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(f) The final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 63rd Leg., R.S., Ch. 58, Sec. 18.) |
|
Sec.1052.115.AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 63rd Leg., R.S., Ch. |
|
58, Sec. 5 (part).) |
|
[Sections 1052.116-1052.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1052.151.BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand in each district fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the proposed budget; |
|
(7) the estimated tax rate required; and |
|
(8) the proposed expenditures and disbursements and |
|
the estimated receipts and collections for the following fiscal |
|
year. (Acts 63rd Leg., R.S., Ch. 58, Sec. 6(a) (part).) |
|
Sec.1052.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) At least 10 days before the date of the hearing, notice |
|
of the hearing shall be published one time in a newspaper or |
|
newspapers that individually or collectively have general |
|
circulation in the district. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a final budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the |
|
taxpayers and that the law warrants. (Acts 63rd Leg., R.S., Ch. 58, |
|
Secs. 6(a) (part), (b) (part).) |
|
Sec.1052.153.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 63rd Leg., R.S., Ch. 58, Sec. 6(b) (part).) |
|
Sec.1052.154.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed more than once in a |
|
24-month period. (Acts 63rd Leg., R.S., Ch. 58, Sec. 6(a) (part).) |
|
Sec.1052.155.AUDIT. (a) The board shall have an |
|
independent audit made of the district's financial condition for |
|
the fiscal year. |
|
(b) As soon as the audit is completed, the audit shall be |
|
filed at the district's principal office. (Acts 63rd Leg., R.S., |
|
Ch. 58, Sec. 6(a) (part).) |
|
Sec.1052.156.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
The audit and other district records shall be open to inspection at |
|
the district's principal office. (Acts 63rd Leg., R.S., Ch. 58, |
|
Sec. 6(a) (part).) |
|
Sec.1052.157.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 63rd Leg., R.S., Ch. 58, Sec. 6(b) (part).) |
|
Sec.1052.158.DEPOSITORY. (a) The board shall select one |
|
or more banks inside or outside the district to serve as a |
|
depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1052.159(b), and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to place a part of district money on time |
|
deposit or to purchase certificates of deposit. (Acts 63rd Leg., |
|
R.S., Ch. 58, Sec. 12.) |
|
Sec.1052.159.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Section 1052.107(c) and by |
|
Subchapter E, the district may not incur an obligation payable from |
|
district revenue other than the revenue on hand or to be on hand in |
|
the current and following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 63rd Leg., R.S., Ch. 58, Secs. 5 |
|
(part), 11 (part).) |
|
[Sections 1052.160-1052.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1052.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 63rd Leg., R.S., Ch. 58, Sec. 7 (part).) |
|
Sec.1052.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1052.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
tax rate approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 63rd Leg., R.S., Ch. 58, Sec. 7 |
|
(part).) |
|
Sec.1052.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters. |
|
(b) The order calling the election shall provide for clerks |
|
as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum maturity of the bonds; and |
|
(6) the maximum interest rate of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. (Acts 63rd Leg., R.S., Ch. 58, |
|
Sec. 7 (part).) |
|
Sec.1052.204.REVENUE BONDS. (a) The board may, without |
|
an election, issue revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
63rd Leg., R.S., Ch. 58, Secs. 7 (part), 8(b) (part).) |
|
Sec.1052.205.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding |
|
indebtedness issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 63rd |
|
Leg., R.S., Ch. 58, Secs. 7 (part), 8(a) (part), (b) (part).) |
|
Sec.1052.206.MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after the date of issuance. (Acts |
|
63rd Leg., R.S., Ch. 58, Sec. 9 (part).) |
|
Sec.1052.207.EXECUTION OF BONDS. (a) The board president |
|
shall execute the district's bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 63rd Leg., |
|
R.S., Ch. 58, Sec. 9 (part).) |
|
Sec.1052.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 63rd |
|
Leg., R.S., Ch. 58, Sec. 22 (part).) |
|
[Sections 1052.209-1052.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1052.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds and other obligations issued or assumed by the district for |
|
hospital purposes; |
|
(2) provide for the operation and maintenance of the |
|
district and hospital system, based on the final budget; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 63rd Leg., R.S., Ch. 58, |
|
Secs. 3 (part), 13(a) (part).) |
|
Sec.1052.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 63rd |
|
Leg., R.S., Ch. 58, Secs. 3 (part), 13(a) (part), (b) (part).) |
|
Sec.1052.253.TAX ASSESSOR-COLLECTOR. (a) The board |
|
shall appoint a tax assessor-collector to assess and collect taxes |
|
imposed by the district. |
|
(b) The district tax assessor-collector is not required to |
|
reside in the district. |
|
(c) The board shall set for the district tax |
|
assessor-collector: |
|
(1) the terms of employment; and |
|
(2) compensation. (Acts 63rd Leg., R.S., Ch. 58, Sec. |
|
16 (part).) |
|
CHAPTER 1053. LUBBOCK COUNTY HOSPITAL DISTRICT OF LUBBOCK COUNTY, |
|
TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1053.001. DEFINITIONS |
|
Sec. 1053.002. AUTHORITY FOR OPERATION |
|
Sec. 1053.003. DISTRICT TERRITORY |
|
Sec. 1053.004. DISTRICT SUPPORT, MAINTENANCE, AND DEBT |
|
NOT STATE OBLIGATION |
|
Sec. 1053.005. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1053.006-1053.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1053.051. BOARD APPOINTMENT; TERM |
|
Sec. 1053.052. EX OFFICIO MANAGER |
|
Sec. 1053.053. OFFICERS |
|
Sec. 1053.054. COMPENSATION |
|
Sec. 1053.055. RECORDS OF PROCEEDINGS |
|
Sec. 1053.056. DISTRICT ADMINISTRATOR |
|
Sec. 1053.057. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1053.058. ASSISTANT ADMINISTRATOR |
|
Sec. 1053.059. LEGAL COUNSEL |
|
Sec. 1053.060. EMPLOYEES; APPOINTMENT OF STAFF |
|
Sec. 1053.061. RETIREMENT PROGRAM |
|
Sec. 1053.062. SEAL |
|
[Sections 1053.063-1053.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1053.101. DISTRICT RESPONSIBILITY |
|
Sec. 1053.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1053.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1053.104. HOSPITAL SYSTEM |
|
Sec. 1053.105. RULES |
|
Sec. 1053.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1053.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1053.108. EMINENT DOMAIN |
|
Sec. 1053.109. GIFTS AND ENDOWMENTS |
|
Sec. 1053.110. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1053.111. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1053.112. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1053.113-1053.150 reserved for expansion] |
|
SUBCHAPTER D. SALE OR LEASE OF CERTAIN FACILITY |
|
Sec. 1053.151. DEFINITION |
|
Sec. 1053.152. RESOLUTION; SALE OR LEASE OF FACILITY |
|
Sec. 1053.153. ELECTION |
|
Sec. 1053.154. BALLOT |
|
Sec. 1053.155. DISCLOSURE OF SALE OR LEASE TERMS |
|
Sec. 1053.156. DISCLOSURE OF FINANCIAL INTEREST |
|
Sec. 1053.157. DISCLOSURE; PUBLIC RECORD |
|
Sec. 1053.158. ELECTION CANCELLATION |
|
Sec. 1053.159. SUBSEQUENT ELECTIONS |
|
Sec. 1053.160. SALE OR LEASE NOT INVALID |
|
Sec. 1053.161. CRIMINAL PENALTY |
|
[Sections 1053.162-1053.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1053.201. BUDGET |
|
Sec. 1053.202. FINANCIAL REPORT |
|
Sec. 1053.203. DEPOSITORY |
|
Sec. 1053.204. WARRANTS |
|
[Sections 1053.205-1053.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 1053.251. GENERAL OBLIGATION BONDS |
|
Sec. 1053.252. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1053.253. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1053.254. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1053.255. REFUNDING BONDS |
|
[Sections 1053.256-1053.300 reserved for expansion] |
|
SUBCHAPTER G. TAXES |
|
Sec. 1053.301. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1053.302. TAX RATE |
|
Sec. 1053.303. COUNTY TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1053. LUBBOCK COUNTY HOSPITAL DISTRICT OF LUBBOCK COUNTY, |
|
TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1053.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of hospital managers of |
|
the district. |
|
(2) "Commissioners court" means the Commissioners |
|
Court of Lubbock County. |
|
(3) "District" means the Lubbock County Hospital |
|
District of Lubbock County, Texas. |
|
(4) "Manager" means a member of the board. (New.) |
|
Sec.1053.002.AUTHORITY FOR OPERATION. The district |
|
operates under the authority of Section 9, Article IX, Texas |
|
Constitution. (Acts 60th Leg., R.S., Ch. 484, Sec. 1 (part).) |
|
Sec.1053.003.DISTRICT TERRITORY. (a) The boundaries of |
|
the district are coextensive with the boundaries of Lubbock County, |
|
Texas, as the boundaries of Lubbock County appear of record |
|
according to the field notes and plats on file in the county clerk's |
|
office. |
|
(b) The boundaries of the district described by Subsection |
|
(a) form a closure. An error in copying the description does not |
|
affect the validity of the district. (Acts 60th Leg., R.S., Ch. |
|
484, Secs. 1 (part), 2.) |
|
Sec. 1053.004. DISTRICT SUPPORT, MAINTENANCE, AND DEBT NOT |
|
STATE OBLIGATION. The support and maintenance of the district's |
|
hospital system, including medical or other health facilities, and |
|
any indebtedness incurred by the district under this chapter may |
|
not become a charge against or obligation of this state. (Acts 60th |
|
Leg., R.S., Ch. 484, Sec. 21 (part).) |
|
Sec.1053.005.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 60th Leg., R.S., Ch. 484, Sec. 21 (part).) |
|
[Sections 1053.006-1053.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1053.051.BOARD APPOINTMENT; TERM. (a) The board |
|
consists of not fewer than five and not more than seven managers |
|
appointed as follows: |
|
(1) one ex officio manager appointed by the Texas Tech |
|
University Board of Regents; and |
|
(2) the remaining managers appointed by the |
|
commissioners court. |
|
(b) Managers serve two-year terms. The terms may overlap. |
|
(Acts 60th Leg., R.S., Ch. 484, Sec. 8(a) (part).) |
|
Sec.1053.052.EX OFFICIO MANAGER. (a) The ex officio |
|
manager has all powers of another manager, except the ex officio |
|
manager may not vote. |
|
(b) The ex officio manager shall: |
|
(1) attend executive sessions of the board; and |
|
(2) have access to all documents reviewed or |
|
considered by the board or its staff. (Acts 60th Leg., R.S., Ch. |
|
484, Sec. 8(a) (part).) |
|
Sec.1053.053.OFFICERS. (a) The board shall select from |
|
among the managers a presiding officer, who shall preside over the |
|
board. |
|
(b) A presiding officer pro tem shall preside in the absence |
|
of the presiding officer. |
|
(c) The district administrator or any manager may be |
|
appointed secretary. (Acts 60th Leg., R.S., Ch. 484, Sec. 8(e) |
|
(part).) |
|
Sec.1053.054.COMPENSATION. A manager serves without pay. |
|
(Acts 60th Leg., R.S., Ch. 484, Sec. 8(a) (part).) |
|
Sec.1053.055.RECORDS OF PROCEEDINGS. (a) The secretary |
|
shall keep suitable records of all proceedings of each board |
|
meeting. |
|
(b) After each meeting: |
|
(1) the manager presiding at the meeting shall read |
|
and sign the record; and |
|
(2) the secretary shall attest the record. (Acts |
|
60th Leg., R.S., Ch. 484, Sec. 8(e) (part).) |
|
Sec.1053.056.DISTRICT ADMINISTRATOR. (a) The board |
|
shall appoint a general manager qualified by training and |
|
experience as the district administrator. |
|
(b) The district administrator serves for a term not to |
|
exceed two years and is entitled to receive the compensation |
|
determined by the board. |
|
(c) The board may remove the district administrator at any |
|
time. |
|
(d) Before assuming the duties of district administrator, |
|
the administrator must execute a bond payable to the district in an |
|
amount of not less than $10,000 that: |
|
(1) is conditioned on the administrator performing |
|
well and faithfully the administrator's required duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 60th Leg., R.S., Ch. 484, Sec. 8(b) (part).) |
|
Sec.1053.057.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) perform the duties required by the board; |
|
(2) supervise the work and activities of the district; |
|
and |
|
(3) direct the affairs of the district. (Acts 60th |
|
Leg., R.S., Ch. 484, Sec. 8(b) (part).) |
|
Sec.1053.058.ASSISTANT ADMINISTRATOR. (a) The board may |
|
designate an assistant administrator to discharge a duty or |
|
function of the district administrator in the event of the |
|
administrator's incapacity, absence, or inability to discharge the |
|
duty or function. |
|
(b) The assistant administrator shall post the bond |
|
required by board order. |
|
(c) The assistant administrator is subject to the |
|
limitations prescribed by board order. (Acts 60th Leg., R.S., Ch. |
|
484, Sec. 12.) |
|
Sec.1053.059.LEGAL COUNSEL. (a) The appropriate county, |
|
district, or criminal district attorney charged with representing |
|
Lubbock County in civil matters shall represent the district in all |
|
legal matters. |
|
(b) The district shall contribute sufficient money to the |
|
Lubbock County general fund for the account designated for the |
|
appropriate attorney described in Subsection (a) to pay all |
|
additional salaries and expenses incurred by the attorney in |
|
performing the duties required by the district. |
|
(c) The board may employ additional legal counsel the board |
|
considers advisable. (Acts 60th Leg., R.S., Ch. 484, Sec. 17.) |
|
Sec.1053.060.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors and employ any |
|
technicians, nurses, and other employees considered advisable for |
|
the efficient operation of the hospital or hospital system, |
|
including medical or other health facilities. |
|
(b) A contract or term of employment under Subsection (a) |
|
may not exceed two years. (Acts 60th Leg., R.S., Ch. 484, Sec. |
|
8(c).) |
|
Sec.1053.061.RETIREMENT PROGRAM. (a) With the approval |
|
of the commissioners court, the board may contract with this state |
|
or the federal government as necessary to establish or continue a |
|
retirement program for the benefit of district employees. |
|
(b) The board may establish other retirement programs for |
|
the benefit of district employees as it considers necessary and |
|
advisable. (Acts 60th Leg., R.S., Ch. 484, Secs. 8(d) (part), 9.) |
|
Sec.1053.062.SEAL. The board shall have a seal engraved |
|
with the district's name to authenticate the acts of the board. The |
|
secretary of the board shall keep the seal. (Acts 60th Leg., R.S., |
|
Ch. 484, Sec. 8(e) (part).) |
|
[Sections 1053.063-1053.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1053.101.DISTRICT RESPONSIBILITY. (a) The district |
|
has full responsibility for providing medical and hospital care for |
|
the district's needy and indigent residents. |
|
(b) The district shall provide all necessary medical and |
|
hospital care for the district's needy inhabitants. |
|
(c) The district has full responsibility for providing |
|
medical and hospital care for the district's residents and needy |
|
inhabitants. (Acts 60th Leg., R.S., Ch. 484, Secs. 1 (part), 3 |
|
(part), 18 (part).) |
|
Sec. 1053.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision, other than the |
|
district, may not impose a tax or issue bonds or other obligations |
|
for hospital purposes or to provide medical care in the district. |
|
(Acts 60th Leg., R.S., Ch. 484, Secs. 1 (part), 3 (part), 18 |
|
(part).) |
|
Sec.1053.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital or |
|
hospital system, including medical or other health facilities of |
|
the district. (Acts 60th Leg., R.S., Ch. 484, Sec. 8(a) (part).) |
|
Sec.1053.104.HOSPITAL SYSTEM. (a) The district has the |
|
responsibility to establish a hospital or hospital system, |
|
including medical or other health facilities within its boundaries |
|
to provide hospital and medical care to the district's residents. |
|
(b) Subject to approval of the commissioners court, the |
|
district may provide primary care, emergency services, preventive |
|
medicine services, and other health-related services outside the |
|
district, provided the activities fulfill the purposes of the |
|
district under Subsection (a) and Section 1053.101(b). (Acts 60th |
|
Leg., R.S., Ch. 484, Sec. 3 (part).) |
|
Sec.1053.105.RULES. The board may adopt rules for the |
|
operation of the hospital or hospital system, including medical or |
|
other health facilities. (Acts 60th Leg., R.S., Ch. 484, Sec. 8(a) |
|
(part).) |
|
Sec.1053.106.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
The commissioners court may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. |
|
(b) The commissioners court by resolution or order may |
|
delegate to the board a power described by Subsection (a). |
|
(c) The district shall pay the salaries and expenses |
|
necessarily incurred by Lubbock County or by an officer or agent of |
|
the county in performing a duty prescribed or required by this |
|
section. |
|
(d) An officer, employee, or agent of Lubbock County shall |
|
perform any function or service prescribed by the commissioners |
|
court under this section. (Acts 60th Leg., R.S., Ch. 484, Sec. 11.) |
|
Sec. 1053.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) Subject to Subchapter D and to approval by the |
|
commissioners court, the board may: |
|
(1) construct, condemn, purchase, acquire, lease, add |
|
to, maintain, operate, develop, regulate, sell, exchange, and |
|
convey any land, property, property rights, equipment, hospital |
|
facilities and systems for the maintenance of hospitals, buildings, |
|
structures, and any other facility or service the district requires |
|
or has available to sell, lease, or exchange; |
|
(2) cooperate and contract with any of the following |
|
to effect a power described by Subdivision (1): |
|
(A) the United States government; |
|
(B) this state; |
|
(C) a municipality; |
|
(D) a hospital district; |
|
(E) a department of a governing body described by |
|
Subparagraphs (A)-(D); or |
|
(F) a privately owned or operated hospital, |
|
corporate or otherwise, in the district; and |
|
(3) provide office space, equipment, supplies, and |
|
services for the use of the Lubbock County medical examiner's |
|
office for medical, hospital, or other purposes unrelated to a |
|
criminal investigation. |
|
(b) A contract under Subsection (a)(2) must, in the opinion |
|
of the board and the commissioners court, be expedient and |
|
advantageous to the district under existing circumstances, and for |
|
fair and reasonable compensation and on terms and for a length of |
|
time that furthers and assists the district in performing its duty |
|
to provide medical and hospital care to needy inhabitants of |
|
Lubbock County. (Acts 60th Leg., R.S., Ch. 484, Sec. 10.) |
|
Sec.1053.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property, real, personal, or mixed, |
|
located in district territory, if the interest is necessary or |
|
convenient for the district to exercise a right, power, privilege, |
|
or function conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 60th Leg., R.S., Ch. 484, Sec. |
|
14.) |
|
Sec.1053.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 60th Leg., R.S., Ch. 484, |
|
Sec. 20.) |
|
Sec. 1053.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. The board, with the approval of the |
|
commissioners court, may contract with: |
|
(1) a county for the care and treatment of a sick or |
|
injured person of that county; and |
|
(2) this state or a federal agency for the care and |
|
treatment of a sick or injured person for whom the state or agency |
|
is responsible. (Acts 60th Leg., R.S., Ch. 484, Sec. 8(d) (part).) |
|
Sec.1053.111.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient is admitted to a district facility, the district |
|
administrator shall have an inquiry made into the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment in the hospital, the amount of the costs that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives are liable for all or part of the costs |
|
of the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district's treasurer a specified amount |
|
each week for the patient's support. The amount ordered must be |
|
proportionate to the person's financial ability and may not exceed |
|
the actual per capita cost of maintenance. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the county court shall |
|
hold a hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue an appropriate order. |
|
(f) Either party to the dispute may appeal the order to the |
|
district court. (Acts 60th Leg., R.S., Ch. 484, Sec. 19.) |
|
Sec.1053.112.AUTHORITY TO SUE AND BE SUED. The board may |
|
sue and be sued. (Acts 60th Leg., R.S., Ch. 484, Sec. 8(a) (part).) |
|
[Sections 1053.113-1053.150 reserved for expansion] |
|
SUBCHAPTER D. SALE OR LEASE OF CERTAIN FACILITY |
|
Sec.1053.151.DEFINITION. In this subchapter, "hospital |
|
official" means the following officers or employees, or their |
|
equivalent, of the teaching hospital described by Section |
|
1053.152(a): |
|
(1) the executive director; |
|
(2) the president; |
|
(3) the chief executive officer; |
|
(4) the chief operating officer; |
|
(5) the chief financial officer; |
|
(6) any vice president; and |
|
(7) any other officer. (Acts 60th Leg., R.S., Ch. 484, |
|
Sec. 10A(a)(1).) |
|
Sec.1053.152.RESOLUTION; SALE OR LEASE OF FACILITY. (a) |
|
Subject to Subsection (c) and the approval of the commissioners |
|
court, the board by resolution may order the sale or lease of a |
|
facility that is: |
|
(1) owned and operated by the district as a teaching |
|
hospital; and |
|
(2) located on the campus of Texas Tech University. |
|
(b) The resolution must include a finding by the board that |
|
the sale or lease: |
|
(1) is in the best interests of district residents; |
|
and |
|
(2) will not financially benefit a hospital official, |
|
other than from the continuation of a compensation package existing |
|
before the date of the sale or lease. |
|
(c) The board may sell or lease the facility only if: |
|
(1) no hospital official has made a disclosure under |
|
Sections 1053.156 and 1053.157 at any time before the date of the |
|
sale or lease; and |
|
(2) a majority of the votes cast at an election held |
|
under this subchapter approves the sale or lease. (Acts 60th Leg., |
|
R.S., Ch. 484, Secs. 10A(b) (part), (j).) |
|
Sec.1053.153.ELECTION. (a) As soon as possible after the |
|
board adopts a resolution under Section 1053.152, the commissioners |
|
court shall order an election on the question of selling or leasing |
|
the facility. |
|
(b) The election shall be held on the first authorized |
|
uniform election date prescribed by Subchapter A, Chapter 41, |
|
Election Code, that complies with Section 3.005, Election Code. |
|
(Acts 60th Leg., R.S., Ch. 484, Secs. 10A(b) (part), (c).) |
|
Sec.1053.154.BALLOT. The ballot for an election under |
|
this subchapter shall be printed to permit voting for or against the |
|
proposition: "Approving the ________ (sale or lease, as |
|
appropriate) of __________ (name of facility)." (Acts 60th Leg., |
|
R.S., Ch. 484, Sec. 10A(d).) |
|
Sec.1053.155.DISCLOSURE OF SALE OR LEASE TERMS. The |
|
presiding officer of the board shall disclose the terms of the |
|
proposed sale or lease of a facility described by Section 1053.152 |
|
not later than the 30th day before the date of an election held |
|
under this subchapter. The disclosure must include both oral and |
|
written agreements relating to the sale or lease. (Acts 60th Leg., |
|
R.S., Ch. 484, Sec. 10A(e).) |
|
Sec.1053.156.DISCLOSURE OF FINANCIAL INTEREST. (a) In |
|
this section, "substantial interest" has the meaning assigned by |
|
Section 171.002, Local Government Code. |
|
(b) A manager or hospital official shall disclose any |
|
financial interest the person has in the sale or lease of a facility |
|
described by Section 1053.152 not later than the 30th day before the |
|
date of an election held under this subchapter. |
|
(c) For purposes of this section, a person has a financial |
|
interest in the sale or lease if the person: |
|
(1) has a substantial interest in a business entity |
|
involved in the sale or lease; |
|
(2) is related within the second degree by |
|
consanguinity or affinity, as determined under Chapter 573, |
|
Government Code, to a person who has a substantial interest in a |
|
business entity involved in the sale or lease; or |
|
(3) is a hospital official who will benefit |
|
financially from the sale or lease, other than from the |
|
continuation of a compensation package existing before the date of |
|
the sale or lease. (Acts 60th Leg., R.S., Ch. 484, Secs. 10A(a)(2), |
|
(f).) |
|
Sec.1053.157.DISCLOSURE; PUBLIC RECORD. (a) A person |
|
shall make a disclosure required under Section 1053.155 or 1053.156 |
|
by filing the disclosure with the commissioners court and the |
|
board. |
|
(b) The filed disclosure is a public record. (Acts 60th |
|
Leg., R.S., Ch. 484, Sec. 10A(g).) |
|
Sec.1053.158.ELECTION CANCELLATION. The commissioners |
|
court shall cancel an election ordered under this subchapter if a |
|
hospital official makes a disclosure under Sections 1053.156 and |
|
1053.157 at any time before the date of the election. (Acts 60th |
|
Leg., R.S., Ch. 484, Sec. 10A(i).) |
|
Sec.1053.159.SUBSEQUENT ELECTIONS. If a majority of the |
|
votes cast at an election under this subchapter do not approve the |
|
sale or lease of a facility under this subchapter, another election |
|
to approve the sale or lease, as appropriate, may not be held before |
|
the first anniversary of the most recent election on the |
|
proposition. (Acts 60th Leg., R.S., Ch. 484, Sec. 10A(l).) |
|
Sec.1053.160.SALE OR LEASE NOT INVALID. A disclosure |
|
under this subchapter that is made after the date on which the sale |
|
or lease of the facility occurs does not invalidate the sale or |
|
lease. (Acts 60th Leg., R.S., Ch. 484, Sec. 10A(k).) |
|
Sec.1053.161.CRIMINAL PENALTY. (a) A person required to |
|
make a disclosure under Section 1053.156 commits an offense if the |
|
person knowingly fails to make the disclosure within the period |
|
prescribed by that section. |
|
(b) An offense under this section is a Class A misdemeanor. |
|
(Acts 60th Leg., R.S., Ch. 484, Sec. 10A(h).) |
|
[Sections 1053.162-1053.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec.1053.201.BUDGET. (a) The district administrator, |
|
under the direction of the board, shall prepare an annual budget. |
|
(b) The budget must be approved by the board and presented |
|
to the commissioners court for final approval. In like manner, all |
|
budget revisions shall be subject to approval by the commissioners |
|
court. (Acts 60th Leg., R.S., Ch. 484, Sec. 13 (part).) |
|
Sec.1053.202.FINANCIAL REPORT. (a) As soon as |
|
practicable after the close of each fiscal year, the district |
|
administrator shall prepare a report that includes: |
|
(1) a complete sworn statement of: |
|
(A) all money and choses in action received by |
|
the administrator; and |
|
(B) how the money and choses in action were |
|
disbursed or otherwise disposed; and |
|
(2) the details of district operation during the |
|
preceding fiscal year. |
|
(b) The district administrator shall make the report to: |
|
(1) the board; |
|
(2) the commissioners court; |
|
(3) the Department of State Health Services; and |
|
(4) the comptroller. (Acts 60th Leg., R.S., Ch. 484, |
|
Sec. 13 (part).) |
|
Sec.1053.203.DEPOSITORY. (a) The board shall select a |
|
depository for the district in the manner provided by law for |
|
selection of a county depository. The depository serves for two |
|
years and until a successor is selected and qualified. In the |
|
alternative, the board may use the depository selected by the |
|
county. |
|
(b) All income received by the district shall be deposited |
|
with the district depository. (Acts 60th Leg., R.S., Ch. 484, Secs. |
|
5 (part), 15.) |
|
Sec.1053.204.WARRANTS. A warrant against district money |
|
does not require the signature of the county clerk of Lubbock |
|
County. (Acts 60th Leg., R.S., Ch. 484, Sec. 5 (part).) |
|
[Sections 1053.205-1053.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec.1053.251.GENERAL OBLIGATION BONDS. The commissioners |
|
court may issue and sell general obligation bonds in the name and on |
|
the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements for hospital purposes; |
|
(2) equip buildings or improvements for hospital |
|
purposes; and |
|
(3) purchase, construct, acquire, equip, or enlarge |
|
the hospital or hospital system, including medical or other health |
|
facilities for any purpose related to that activity. (Acts 60th |
|
Leg., R.S., Ch. 484, Secs. 1 (part), 7 (part).) |
|
Sec.1053.252.TAX TO PAY GENERAL OBLIGATION BONDS. (a) An |
|
ad valorem tax shall be imposed on all property in the district |
|
subject to district taxation at a rate sufficient to create an |
|
interest and sinking fund to pay the principal of and interest on |
|
general obligation bonds issued under Section 1053.251 as the bonds |
|
mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax imposed for the district may not in any year exceed |
|
75 cents on each $100 valuation of all taxable property in the |
|
district. (Acts 60th Leg., R.S., Ch. 484, Sec. 7 (part).) |
|
Sec.1053.253.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held in accordance with the provisions of Chapter 1251, |
|
Government Code, relating to county bonds. |
|
(b) The commissioners court: |
|
(1) may call the election on its own motion; or |
|
(2) shall call the election at the request of the |
|
board. |
|
(c) The person charged with conducting and arranging |
|
countywide elections is responsible for conducting the bond |
|
election. |
|
(d) The district must provide for the payment of the bond |
|
election costs before the commissioners court is required to order |
|
an election. (Acts 60th Leg., R.S., Ch. 484, Sec. 7 (part).) |
|
Sec.1053.254.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The county judge of Lubbock County shall execute the general |
|
obligation bonds in the district's name. |
|
(b) The county clerk of Lubbock County shall countersign the |
|
bonds. (Acts 60th Leg., R.S., Ch. 484, Sec. 7 (part).) |
|
Sec.1053.255.REFUNDING BONDS. (a) Refunding bonds may be |
|
issued without an election and in the manner provided by this |
|
subchapter to refund outstanding bonds issued or assumed by the |
|
district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding bonds; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar amount of outstanding bonds and the matured but unpaid |
|
interest on the bonds. (Acts 60th Leg., R.S., Ch. 484, Sec. 7 |
|
(part).) |
|
[Sections 1053.256-1053.300 reserved for expansion] |
|
SUBCHAPTER G. TAXES |
|
Sec.1053.301.IMPOSITION OF AD VALOREM TAX. (a) The |
|
commissioners court shall impose a tax for the benefit of the |
|
district on all property in the district subject to district |
|
taxation. |
|
(b) The commissioners court shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds assumed or issued by the district for hospital purposes as |
|
provided by this chapter; |
|
(2) pay for indebtedness assumed by the district; |
|
(3) provide for the operation and maintenance of the |
|
hospital or hospital system, including medical or other health |
|
facilities; and |
|
(4) when requested by the board and approved by the |
|
commissioners court, make improvements and additions to the |
|
hospital system, including medical and other health facilities, and |
|
acquire necessary sites by purchase, lease, or condemnation. (Acts |
|
60th Leg., R.S., Ch. 484, Secs. 1 (part), 5 (part).) |
|
Sec.1053.302.TAX RATE. The commissioners court shall |
|
impose the tax at a rate not to exceed 75 cents on each $100 |
|
valuation of taxable property in the district. (Acts 60th Leg., |
|
R.S., Ch. 484, Secs. 1 (part), 5 (part).) |
|
Sec.1053.303.COUNTY TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector of Lubbock County shall collect the taxes |
|
imposed on all property subject to district taxation. (Acts 60th |
|
Leg., R.S., Ch. 484, Sec. 5 (part).) |
|
CHAPTER 1054. LYNN COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1054.001. DEFINITIONS |
|
Sec. 1054.002. AUTHORITY FOR OPERATION |
|
Sec. 1054.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1054.004. DISTRICT TERRITORY |
|
Sec. 1054.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1054.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1054.007-1054.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1054.051. BOARD ELECTION; TERM |
|
Sec. 1054.052. NOTICE OF ELECTION |
|
Sec. 1054.053. BALLOT PETITION |
|
Sec. 1054.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1054.055. BOND; RECORD OF BOND |
|
Sec. 1054.056. BOARD VACANCY |
|
Sec. 1054.057. OFFICERS |
|
Sec. 1054.058. EXPENSES |
|
Sec. 1054.059. VOTING REQUIREMENT |
|
Sec. 1054.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1054.061. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1054.062. EMPLOYEES; APPOINTMENT OF STAFF |
|
Sec. 1054.063. RECRUITMENT OF MEDICAL STAFF |
|
Sec. 1054.064. CONTINUING EDUCATION; RETRAINING |
|
Sec. 1054.065. RETIREMENT BENEFITS |
|
[Sections 1054.066-1054.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1054.101. DISTRICT RESPONSIBILITY |
|
Sec. 1054.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1054.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1054.104. HOSPITAL SYSTEM |
|
Sec. 1054.105. RULES |
|
Sec. 1054.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1054.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1054.108. EMINENT DOMAIN |
|
Sec. 1054.109. GIFTS AND ENDOWMENTS |
|
Sec. 1054.110. CONSTRUCTION CONTRACTS |
|
Sec. 1054.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1054.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR SERVICES |
|
Sec. 1054.113. PROVISION OF CERTAIN HEALTH SERVICES |
|
Sec. 1054.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1054.115. REIMBURSEMENT FOR SERVICE |
|
Sec. 1054.116. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1054.117-1054.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1054.151. BUDGET |
|
Sec. 1054.152. NOTICE; HEARING; APPROVAL OF BUDGET |
|
Sec. 1054.153. AMENDMENTS TO BUDGET |
|
Sec. 1054.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1054.155. FISCAL YEAR |
|
Sec. 1054.156. AUDIT |
|
Sec. 1054.157. INSPECTION OF AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1054.158. FINANCIAL REPORT |
|
Sec. 1054.159. DEPOSITORY |
|
Sec. 1054.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
Sec. 1054.161. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1054.162-1054.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1054.201. GENERAL OBLIGATION BONDS |
|
Sec. 1054.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1054.203. REVENUE BONDS |
|
Sec. 1054.204. REFUNDING BONDS |
|
Sec. 1054.205. MATURITY OF BONDS |
|
Sec. 1054.206. EXECUTION OF BONDS |
|
Sec. 1054.207. BONDS EXEMPT FROM TAXATION |
|
[Sections 1054.208-1054.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1054.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1054.252. TAX RATE |
|
Sec. 1054.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1054. LYNN COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1054.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Lynn County Hospital |
|
District. (New.) |
|
Sec.1054.002.AUTHORITY FOR OPERATION. The district |
|
operates in accordance with Section 9, Article IX, Texas |
|
Constitution, and has the rights, powers, and duties provided by |
|
this chapter. (Acts 60th Leg., R.S., Ch. 66, Sec. 1 (part).) |
|
Sec.1054.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 60th Leg., R.S., Ch. 66, Sec. 20 (part).) |
|
Sec.1054.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Lynn County, Texas. |
|
(Acts 60th Leg., R.S., Ch. 66, Sec. 1 (part).) |
|
Sec. 1054.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 60th |
|
Leg., R.S., Ch. 66, Sec. 21 (part).) |
|
Sec.1054.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 60th Leg., R.S., Ch. 66, Sec. 21 (part).) |
|
[Sections 1054.007-1054.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1054.051.BOARD ELECTION; TERM. (a) The board |
|
consists of seven directors elected from the district at large. |
|
(b) Directors serve staggered three-year terms. |
|
(c) An election shall be held on the uniform election date |
|
in May of each year to elect the appropriate number of directors. |
|
(Acts 60th Leg., R.S., Ch. 66, Secs. 4(a), (e) (part).) |
|
Sec.1054.052.NOTICE OF ELECTION. At least 10 days before |
|
the date of an election of directors, notice of the election shall |
|
be published one time in a newspaper of general circulation in the |
|
district. (Acts 60th Leg., R.S., Ch. 66, Sec. 4(e) (part).) |
|
Sec.1054.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by not fewer than 25 registered voters; and |
|
(2) filed before the 31st day before the date of the |
|
election. (Acts 60th Leg., R.S., Ch. 66, Sec. 4(e) (part).) |
|
Sec.1054.054.QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to be a candidate for or to serve as a director, a person |
|
must be: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A district employee may not serve as a director. (Acts |
|
60th Leg., R.S., Ch. 66, Secs. 4(c), (f).) |
|
Sec.1054.055.BOND; RECORD OF BOND. (a) Before assuming |
|
the duties of office, each director must execute a bond for $5,000 |
|
that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The board may pay for a director's bond with district |
|
money. |
|
(c) Each director's bond shall be kept in the district's |
|
permanent records.(Acts 60th Leg., R.S., Ch. 66, Secs. 4(g), (h).) |
|
Sec.1054.056.BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of director, the remaining directors shall appoint a |
|
director for the unexpired term. |
|
(b) If the number of directors is reduced to fewer than four |
|
for any reason, the remaining directors shall immediately call a |
|
special election to fill the vacancies. If the remaining directors |
|
do not call the election, a district court, on application of a |
|
district voter or taxpayer, may order the directors to hold the |
|
election. (Acts 60th Leg., R.S., Ch. 66, Sec. 4(d) (part).) |
|
Sec.1054.057.OFFICERS. (a) The board shall elect: |
|
(1) a president and a vice president from among its |
|
members; and |
|
(2) a secretary, who need not be a director. |
|
(b) Each officer of the board serves for a term of one year. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 60th Leg., R.S., Ch. 66, Sec. 4(d) (part).) |
|
Sec.1054.058.EXPENSES. A director or officer may be |
|
reimbursed for actual expenses incurred in the performance of |
|
official duties. The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 60th Leg., R.S., Ch. |
|
66, Sec. 4(i).) |
|
Sec.1054.059.VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 60th Leg., R.S., Ch. 66, Sec. 4(d) (part).) |
|
Sec. 1054.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
district administrator. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The district administrator and any assistant |
|
administrator serve at the will of the board and are entitled to the |
|
compensation determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(e) The board may pay for the bond with district money. |
|
(Acts 60th Leg., R.S., Ch. 66, Sec. 5(a) (part).) |
|
Sec.1054.061.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 60th |
|
Leg., R.S., Ch. 66, Sec. 5(a) (part).) |
|
Sec.1054.062.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors and employ any |
|
technicians, nurses, and other employees the board considers |
|
necessary for the efficient operation of the district. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys the board considers proper. |
|
(c) The board may provide that the district administrator |
|
has the authority to hire district employees, including technicians |
|
and nurses. |
|
(d) The board may define the duties, functions, and |
|
responsibilities of district staff and employees. (Acts 60th Leg., |
|
R.S., Ch. 66, Secs. 5(a) (part), 16.) |
|
Sec.1054.063.RECRUITMENT OF MEDICAL STAFF. The board may |
|
spend district money to recruit physicians, nurses, and other |
|
trained medical personnel. The board may pay the tuition or other |
|
education-related costs or expenses of a person who: |
|
(1) graduates from a medical school, nursing school, |
|
or an institution of higher education; and |
|
(2) contractually agrees to become a district |
|
employee. (Acts 60th Leg., R.S., Ch. 66, Sec. 5A(b) (part).) |
|
Sec.1054.064.CONTINUING EDUCATION; RETRAINING. The board |
|
may spend district money for continuing education and retraining of |
|
district employees. (Acts 60th Leg., R.S., Ch. 66, Sec. 5A(b) |
|
(part).) |
|
Sec.1054.065.RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 60th Leg., R.S., Ch. |
|
66, Sec. 5B.) |
|
[Sections 1054.066-1054.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1054.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating all hospital facilities for |
|
providing medical and hospital care for the district's needy |
|
inhabitants. (Acts 60th Leg., R.S., Ch. 66, Sec. 19 (part).) |
|
Sec. 1054.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located within the |
|
district may not impose a tax or issue bonds or other obligations |
|
for hospital purposes or to provide medical care. (Acts 60th Leg., |
|
R.S., Ch. 66, Sec. 19 (part).) |
|
Sec.1054.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the district's |
|
hospitals and hospital system. (Acts 60th Leg., R.S., Ch. 66, Sec. |
|
5(a) (part).) |
|
Sec.1054.104.HOSPITAL SYSTEM. The district shall provide |
|
for the establishment of a hospital or hospital system in the |
|
district by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and improvements; |
|
(2) equipping the buildings and improvements; and |
|
(3) administering the buildings and improvements for |
|
hospital purposes. (Acts 60th Leg., R.S., Ch. 66, Sec. 2 (part).) |
|
Sec.1054.105.RULES. The board may adopt rules for the |
|
operation of the district. (Acts 60th Leg., R.S., Ch. 66, Sec. 5(a) |
|
(part).) |
|
Sec.1054.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district in a manner consistent with |
|
Subtitle C, Title 8, Local Government Code; and |
|
(2) all accounting and control procedures. (Acts 60th |
|
Leg., R.S., Ch. 66, Sec. 10 (part).) |
|
Sec. 1054.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system. Nothing in this chapter prohibits the establishing and |
|
equipping of a clinic as part of the hospital system. |
|
(b) The board may lease all or part of the district's |
|
buildings and other facilities on terms considered to be in the best |
|
interest of the district's inhabitants. The term of the lease may |
|
not exceed 25 years. |
|
(c) The district may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the property as |
|
security for the payment of the purchase price. |
|
(d) The district may sell or otherwise dispose of any |
|
property, including equipment, on terms the board finds are in the |
|
best interest of the district's inhabitants. (Acts 60th Leg., |
|
R.S., Ch. 66, Secs. 9 (part), 10 (part).) |
|
Sec.1054.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary or convenient for the |
|
district to exercise a power, right, or privilege conferred by this |
|
chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 60th Leg., R.S., Ch. 66, Sec. 14.) |
|
Sec.1054.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 60th Leg., R.S., Ch. 66, Sec. |
|
18.) |
|
Sec.1054.110.CONSTRUCTION CONTRACTS. (a) The board may |
|
enter into construction contracts for the district. |
|
(b) The board may enter into a construction contract that |
|
involves the expenditure of more than the amount prescribed by |
|
Section 271.024, Local Government Code, only after competitive |
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
Code. (Acts 60th Leg., R.S., Ch. 66, Sec. 10A.) |
|
Sec.1054.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 60th Leg., R.S., Ch. 66, Secs. 5(b), |
|
9 (part).) |
|
Sec. 1054.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
SERVICES. (a) The board may contract with a political subdivision |
|
of this state or with a state or federal agency for the district to: |
|
(1) furnish a mobile emergency medical service; or |
|
(2) provide for the investigatory or welfare needs of |
|
district inhabitants. |
|
(b) The board may contract with this state or a federal |
|
agency for the care and treatment of a sick or injured person. |
|
(Acts 60th Leg., R.S., Ch. 66, Secs. 5(a) (part), (e).) |
|
Sec.1054.113.PROVISION OF CERTAIN HEALTH SERVICES. The |
|
board may provide emergency services, home health care services, |
|
long-term health care services, special care facility services, or |
|
any other health care services the board determines are necessary |
|
to meet the needs of the district. (Acts 60th Leg., R.S., Ch. 66, |
|
Sec. 5A(a).) |
|
Sec.1054.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment in the hospital, the amount of the costs that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(f) A final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 60th Leg., R.S., Ch. 66, Sec. 17.) |
|
Sec.1054.115.REIMBURSEMENT FOR SERVICE. (a) The board |
|
shall require a county, municipality, or public hospital located |
|
outside the district to reimburse the district for the district's |
|
care and treatment of a sick or injured person of that county, |
|
municipality, or public hospital as provided by Chapter 61, Health |
|
and Safety Code. |
|
(b) The board shall require the sheriff of a county or the |
|
police chief of a municipality to reimburse the district for the |
|
district's care and treatment of a person who is confined in a jail |
|
facility of the county or municipality and is not a resident of the |
|
district. (Acts 60th Leg., R.S., Ch. 66, Secs. 5(c), (d).) |
|
Sec.1054.116.AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 60th Leg., R.S., Ch. |
|
66, Sec. 5(a) (part).) |
|
[Sections 1054.117-1054.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1054.151.BUDGET. The district administrator shall |
|
prepare an annual budget for approval by the board. (Acts 60th |
|
Leg., R.S., Ch. 66, Sec. 6 (part).) |
|
Sec.1054.152.NOTICE; HEARING; APPROVAL OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) Notice of the hearing must be published one time at |
|
least 10 days before the date of the hearing. |
|
(c) The board must approve the annual budget. (Acts 60th |
|
Leg., R.S., Ch. 66, Sec. 6 (part).) |
|
Sec.1054.153.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 60th Leg., R.S., Ch. 66, Sec. 6 (part).) |
|
Sec.1054.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 60th Leg., R.S., Ch. 66, Sec. 6 (part).) |
|
Sec.1054.155.FISCAL YEAR. The district operates on a |
|
fiscal year that begins on October 1 and ends on September 30. (Acts |
|
60th Leg., R.S., Ch. 66, Sec. 6 (part).) |
|
Sec.1054.156.AUDIT. The board shall have an audit made of |
|
the district's financial condition. (Acts 60th Leg., R.S., Ch. 66, |
|
Sec. 6 (part).) |
|
Sec.1054.157.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
The audit and other district records shall be open to inspection at |
|
the district's principal office. (Acts 60th Leg., R.S., Ch. 66, |
|
Sec. 6 (part).) |
|
Sec.1054.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 60th Leg., R.S., Ch. 66, Sec. 6 (part).) |
|
Sec.1054.159.DEPOSITORY. (a) The board shall select one |
|
or more banks in the district to serve as a depository for district |
|
money. |
|
(b) District money shall be immediately deposited on |
|
receipt with a depository bank, except that sufficient money must |
|
be remitted to the place or places designated as agent for the |
|
payment of principal of and interest on the district's outstanding |
|
bonds in time for the agent to make that payment on or before the |
|
maturity date of the principal and interest. |
|
(c) To the extent that money in a depository bank is not |
|
insured by the Federal Deposit Insurance Corporation, the money |
|
must be secured in the manner provided by law for the security of |
|
county funds. |
|
(d) Membership on the district's board of an officer or |
|
director of a bank does not disqualify the bank from being |
|
designated as a depository bank. (Acts 60th Leg., R.S., Ch. 66, |
|
Sec. 11.) |
|
Sec.1054.160.SPENDING AND INVESTMENT RESTRICTIONS. |
|
Except as otherwise provided by Section 1054.107(c) and by |
|
Subchapter E, the district may not incur an obligation payable from |
|
district revenue other than the revenue on hand or to be on hand in |
|
the current and immediately following district fiscal years. (Acts |
|
60th Leg., R.S., Ch. 66, Sec. 10 (part).) |
|
Sec.1054.161.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
The board may borrow money at a rate not to exceed the maximum |
|
annual percentage rate allowed by law for district obligations at |
|
the time the loan is made if the board declares that: |
|
(1) money is not available to meet authorized |
|
obligations of the district; and |
|
(2) an emergency exists. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) a district tax to be imposed by the district in the |
|
next 12-month period that is not pledged to pay the principal of or |
|
interest on district bonds; or |
|
(3) district bonds that have been authorized but not |
|
sold. |
|
(c) A loan for which taxes or bonds are pledged must mature |
|
not later than the first anniversary of the date the loan is made. A |
|
loan for which district revenue is pledged must mature not later |
|
than the fifth anniversary of the date the loan is made. |
|
(d) The board may not spend money obtained from a loan under |
|
this section for any purpose other than: |
|
(1) the purpose for which the board declared an |
|
emergency; and |
|
(2) if district taxes or bonds are pledged to pay the |
|
loan, the purpose for which the pledged taxes were imposed or the |
|
pledged bonds were authorized. (Acts 60th Leg., R.S., Ch. 66, Sec. |
|
7A.) |
|
[Sections 1054.162-1054.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1054.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements for hospital |
|
purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service. (Acts 60th Leg., R.S., Ch. 66, Sec. 7(a) (part).) |
|
Sec.1054.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1054.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of all taxable property in the |
|
district. (Acts 60th Leg., R.S., Ch. 66, Sec. 7(a) (part).) |
|
Sec.1054.203.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, equip, or |
|
renovate buildings or improvements for hospital purposes; |
|
(2) acquire sites to be used for hospital purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service to assist the district in carrying out its hospital |
|
purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(Acts 60th Leg., R.S., Ch. 66, Secs. 7(d), (e), (f).) |
|
Sec.1054.204.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding indebtedness. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 60th |
|
Leg., R.S., Ch. 66, Sec. 7(b) (part).) |
|
Sec.1054.205.MATURITY OF BONDS. District bonds must |
|
mature not later than the 50th anniversary of the date of issuance. |
|
(Acts 60th Leg., R.S., Ch. 66, Sec. 7(c) (part).) |
|
Sec.1054.206.EXECUTION OF BONDS. (a) The board president |
|
shall execute the district's bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 60th Leg., |
|
R.S., Ch. 66, Sec. 7(c) (part).) |
|
Sec.1054.207.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 60th |
|
Leg., R.S., Ch. 66, Sec. 20 (part).) |
|
[Sections 1054.208-1054.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1054.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all property in the district subject to district |
|
taxation. |
|
(b) The board shall impose the tax to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 60th |
|
Leg., R.S., Ch. 66, Secs. 12 (part), 15(a) (part), (b), (c).) |
|
Sec.1054.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters at the |
|
election authorizing the imposition of the tax. |
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
each $100 valuation of all taxable property in the district. |
|
(c) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 60th |
|
Leg., R.S., Ch. 66, Secs. 12 (part), 15(a) (part).) |
|
Sec.1054.253.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 60th Leg., R.S., Ch. 66, Sec. |
|
15(e).) |
|
CHAPTER 1055. MARION COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1055.001. DEFINITIONS |
|
Sec. 1055.002. AUTHORITY FOR OPERATION |
|
Sec. 1055.003. POLITICAL SUBDIVISION |
|
Sec. 1055.004. DISTRICT TERRITORY |
|
Sec. 1055.005. CORRECTION OF INVALID PROCEDURES |
|
[Sections 1055.006-1055.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1055.051. BOARD ELECTION; TERM |
|
Sec. 1055.052. NOTICE OF ELECTION |
|
Sec. 1055.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1055.054. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION |
|
Sec. 1055.055. BOARD VACANCY |
|
Sec. 1055.056. DIRECTOR RIGHTS AND RESPONSIBILITIES |
|
Sec. 1055.057. OFFICERS |
|
Sec. 1055.058. COMPENSATION; EXPENSES |
|
Sec. 1055.059. VOTING REQUIREMENT |
|
Sec. 1055.060. EMPLOYEES |
|
Sec. 1055.061. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1055.062. SEAL |
|
[Sections 1055.063-1055.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1055.101. DISTRICT RESPONSIBILITY |
|
Sec. 1055.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION |
|
Sec. 1055.103. RULES |
|
Sec. 1055.104. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1055.105. EMINENT DOMAIN |
|
Sec. 1055.106. GIFTS AND ENDOWMENTS |
|
Sec. 1055.107. AUTHORITY TO LEASE DISTRICT FACILITIES |
|
Sec. 1055.108. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1055.109. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1055.110-1055.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1055.151. BUDGET |
|
Sec. 1055.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1055.153. FISCAL YEAR |
|
Sec. 1055.154. ANNUAL AUDIT |
|
Sec. 1055.155. DEPOSITORY OR TREASURER |
|
[Sections 1055.156-1055.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS AND OTHER FINANCIAL ARRANGEMENTS |
|
Sec. 1055.201. GENERAL OBLIGATION BONDS AND OTHER |
|
FINANCIAL ARRANGEMENTS |
|
Sec. 1055.202. TAX TO PAY GENERAL OBLIGATION BONDS OR |
|
OTHER FINANCIAL ARRANGEMENTS |
|
Sec. 1055.203. ELECTION FOR GENERAL OBLIGATION BONDS |
|
OR OTHER FINANCIAL ARRANGEMENTS |
|
Sec. 1055.204. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1055.205. REVENUE BONDS; OTHER FINANCIAL |
|
ARRANGEMENTS |
|
Sec. 1055.206. MATURITY OF BONDS |
|
[Sections 1055.207-1055.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1055.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1055.252. TAX RATE |
|
Sec. 1055.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1055. MARION COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1055.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Marion County Hospital |
|
District. (New.) |
|
Sec.1055.002.AUTHORITY FOR OPERATION. The district |
|
operates in accordance with Section 9, Article IX, Texas |
|
Constitution. (Acts 60th Leg., R.S., Ch. 184, Sec. 1 (part).) |
|
Sec.1055.003.POLITICAL SUBDIVISION. The district is a |
|
political subdivision of this state. (Acts 60th Leg., R.S., Ch. |
|
184, Sec. 16 (part).) |
|
Sec.1055.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Marion County, |
|
Texas. (Acts 60th Leg., R.S., Ch. 184, Sec. 1 (part).) |
|
Sec.1055.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 60th Leg., R.S., Ch. 184, Sec. 18 (part).) |
|
[Sections 1055.006-1055.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1055.051.BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of seven directors elected from the district at |
|
large. |
|
(b) Directors serve staggered two-year terms unless |
|
four-year terms are established under Section 285.081, Health and |
|
Safety Code. (Acts 60th Leg., R.S., Ch. 184, Sec. 4 (part).) |
|
Sec.1055.052.NOTICE OF ELECTION. Not later than the 10th |
|
day before the date of an election of directors, notice of the |
|
election shall be published one time in a newspaper of general |
|
circulation in Marion County. (Acts 60th Leg., R.S., Ch. 184, Sec. 4 |
|
(part).) |
|
Sec.1055.053.QUALIFICATIONS FOR OFFICE. A person may not |
|
be elected or appointed as a director unless the person is a |
|
district resident. (Acts 60th Leg., R.S., Ch. 184, Sec. 4 (part).) |
|
Sec. 1055.054. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION. (a) Each director shall execute a good and sufficient |
|
bond for $1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district shall pay for the directors' bonds. |
|
(c) Each director's bond and the constitutional oath or |
|
affirmation of office shall be deposited with the district's |
|
depository bank for safekeeping. (Acts 60th Leg., R.S., Ch. 184, |
|
Sec. 4 (part).) |
|
Sec.1055.055.BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of director, the remaining directors shall appoint a |
|
director for the unexpired term. |
|
(b) If the number of directors is reduced to fewer than four |
|
for any reason, the remaining directors shall immediately call a |
|
special election to fill the vacancies. If the remaining directors |
|
do not call the election, a district court, on application of a |
|
district voter or taxpayer, may order the directors to hold the |
|
election. (Acts 60th Leg., R.S., Ch. 184, Sec. 4 (part).) |
|
Sec.1055.056.DIRECTOR RIGHTS AND RESPONSIBILITIES. All |
|
directors have the same rights and responsibilities with regard to |
|
voting and other matters. (Acts 60th Leg., R.S., Ch. 184, Sec. 4 |
|
(part).) |
|
Sec.1055.057.OFFICERS. The board shall elect from among |
|
its members a president and a secretary. (Acts 60th Leg., R.S., Ch. |
|
184, Sec. 4 (part).) |
|
Sec.1055.058.COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in the performance of official duties on approval of the |
|
expenses by a majority of the board. (Acts 60th Leg., R.S., Ch. |
|
184, Sec. 4 (part).) |
|
Sec.1055.059.VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 60th Leg., R.S., Ch. 184, Sec. 4 (part).) |
|
Sec.1055.060.EMPLOYEES. The board may employ a general |
|
manager, attorneys, bookkeepers, architects, or any other |
|
employees considered necessary for the efficient operation of the |
|
district. (Acts 60th Leg., R.S., Ch. 184, Sec. 7 (part).) |
|
Sec.1055.061.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
Except as provided by Section 1055.054, all district records, |
|
including books, accounts, notices, minutes, and all other matters |
|
of the district and the operation of its facilities, shall be: |
|
(1) maintained at the district office; and |
|
(2) open to public inspection at the district office |
|
at all reasonable hours. (Acts 60th Leg., R.S., Ch. 184, Sec. 7 |
|
(part).) |
|
Sec.1055.062.SEAL. The board may adopt a seal for the |
|
district. (Acts 60th Leg., R.S., Ch. 184, Sec. 7 (part).) |
|
[Sections 1055.063-1055.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1055.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy and indigent residents. (Acts 60th Leg., R.S., |
|
Ch. 184, Secs. 2 (part), 12 (part).) |
|
Sec. 1055.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION. Marion County or a municipality in the district may not |
|
impose a tax on property in the district for hospital purposes. |
|
(Acts 60th Leg., R.S., Ch. 184, Sec. 12 (part).) |
|
Sec.1055.103.RULES. (a) The board may adopt rules |
|
governing the operation of the district, including district |
|
facilities. |
|
(b) On approval by the board, the rules may be published in |
|
booklet form at district expense and made available to any taxpayer |
|
on request. (Acts 60th Leg., R.S., Ch. 184, Sec. 7 (part).) |
|
Sec.1055.104.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
The board may prescribe the method and manner of making purchases |
|
and expenditures by and for the district. |
|
(b) The board shall prescribe: |
|
(1) all accounting and control procedures; and |
|
(2) the method of purchasing necessary supplies, |
|
materials, and equipment. (Acts 60th Leg., R.S., Ch. 184, Sec. 7 |
|
(part).) |
|
Sec.1055.105.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property, real, personal, or mixed, |
|
located in district territory, if the interest is necessary or |
|
convenient for the district to exercise a right, power, privilege, |
|
or function conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 60th Leg., R.S., Ch. 184, Sec. 9.) |
|
Sec.1055.106.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or provisions prescribed in writing by the |
|
donor that are not inconsistent with the proper management and |
|
objectives of the district. (Acts 60th Leg., R.S., Ch. 184, Sec. |
|
14.) |
|
Sec.1055.107.AUTHORITY TO LEASE DISTRICT FACILITIES. (a) |
|
The district may lease district facilities acquired or constructed |
|
under this chapter to any person for consideration the board |
|
determines is reasonable and adequate. |
|
(b) The terms of a lease entered under this section may |
|
include a provision that requires the lessee to: |
|
(1) agree to maintain the district's hospital |
|
facilities; or |
|
(2) care for and treat the indigent or needy patients |
|
of Marion County. |
|
(c) If a lease under this section includes a provision |
|
described by Subsection (b)(2), Marion County may: |
|
(1) spend money and make payments to the lessee for the |
|
care and treatment; |
|
(2) impose ad valorem taxes; or |
|
(3) pledge any of the county's money or resources to |
|
payments made under the contract. (Acts 60th Leg., R.S., Ch. 184, |
|
Sec. 17.) |
|
Sec.1055.108.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the board shall have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If an agent designated by the district to handle the |
|
inquiry determines that the patient or those relatives cannot pay |
|
all or part of the costs of the care and treatment in the hospital, |
|
the amount of the costs that cannot be paid becomes a charge against |
|
the district. |
|
(c) If the board determines that the patient or those |
|
relatives are liable to pay for all or part of the costs of the |
|
patient's care and treatment, the patient or those relatives shall |
|
be ordered to pay the district's treasurer a specified amount each |
|
week for the patient's support. The amount ordered must be |
|
proportionate to the person's financial ability and may not exceed |
|
the actual per capita cost of maintenance. |
|
(d) The district may collect the amount from the patient's |
|
estate, or from any relative who is legally liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district's designated agent, the board shall hold |
|
a hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue an appropriate order. |
|
(f) Either party to the dispute may appeal the order to the |
|
district court. (Acts 60th Leg., R.S., Ch. 184, Sec. 13.) |
|
Sec.1055.109.AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district may sue and be sued in its own |
|
name in any court of this state. (Acts 60th Leg., R.S., Ch. 184, |
|
Sec. 16 (part).) |
|
[Sections 1055.110-1055.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1055.151.BUDGET. The board annually shall require a |
|
budget to be prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 60th Leg., R.S., Ch. 184, Sec. 8 (part).) |
|
Sec.1055.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in Marion County not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district taxpayer is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. (Acts 60th Leg., R.S., Ch. 184, Sec. 8 (part).) |
|
Sec.1055.153.FISCAL YEAR. The district operates on a |
|
fiscal year that begins on October 1 and ends on September 30. |
|
(Acts 60th Leg., R.S., Ch. 184, Sec. 8 (part).) |
|
Sec.1055.154.ANNUAL AUDIT. (a) The board annually shall |
|
have an independent audit made of the district's books and records |
|
for the fiscal year. |
|
(b) Not later than December 31 each year, the audit shall be |
|
filed: |
|
(1) with the comptroller; and |
|
(2) at the district office. (Acts 60th Leg., R.S., Ch. |
|
184, Sec. 8 (part).) |
|
Sec.1055.155.DEPOSITORY OR TREASURER. (a) The board by |
|
resolution shall designate a bank in Marion County as the |
|
district's depository or treasurer. A designated bank serves for |
|
two years until a successor is designated. |
|
(b) All income received by the district shall be deposited |
|
with the district depository. |
|
(c) All district money shall be secured in the manner |
|
provided for securing county funds. (Acts 60th Leg., R.S., Ch. 184, |
|
Secs. 5 (part), 10.) |
|
[Sections 1055.156-1055.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS AND OTHER FINANCIAL ARRANGEMENTS |
|
Sec. 1055.201. GENERAL OBLIGATION BONDS AND OTHER FINANCIAL |
|
ARRANGEMENTS. The board may issue and sell general obligation |
|
bonds, secure long-term loans, or make other financial arrangements |
|
as district obligations in the name and on the faith and credit of |
|
the district. The money shall be used for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; |
|
(2) equipping buildings or improvements for hospital |
|
purposes; and |
|
(3) the operation of the district. (Acts 60th Leg., |
|
R.S., Ch. 184, Sec. 6 (part).) |
|
Sec. 1055.202. TAX TO PAY GENERAL OBLIGATION BONDS OR OTHER |
|
FINANCIAL ARRANGEMENTS. (a) The board shall impose an ad valorem |
|
tax at a rate sufficient to create an interest and sinking fund to |
|
pay the principal of and interest on general obligation bonds |
|
issued or other financial arrangements made under Section 1055.201 |
|
as the bonds or other arrangements mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of all taxable property in the |
|
district. (Acts 60th Leg., R.S., Ch. 184, Sec. 6 (part).) |
|
Sec. 1055.203. ELECTION FOR GENERAL OBLIGATION BONDS OR |
|
OTHER FINANCIAL ARRANGEMENTS. (a) The district may issue general |
|
obligation bonds or make other financial arrangements secured by |
|
tax revenue only if authorized by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) The board may order the election on its own motion. |
|
(c) The order calling the election must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding election officers; |
|
(4) the purpose for which the bonds are to be issued or |
|
the financial arrangements made; |
|
(5) the amount of the bonds or other financial |
|
arrangements to be authorized; |
|
(6) the maximum interest rate for the bonds or other |
|
financial arrangements; and |
|
(7) the maximum maturity of the bonds. |
|
(d) Notice of an election under this section shall be given |
|
by publishing a substantial copy of the order calling the election |
|
in a newspaper of general circulation in Marion County once a week |
|
for two consecutive weeks before the date of the election. The |
|
first publication must occur at least 14 days before the date of the |
|
election. (Acts 60th Leg., R.S., Ch. 184, Sec. 6 (part).) |
|
Sec.1055.204.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
60th Leg., R.S., Ch. 184, Sec. 6 (part).) |
|
Sec. 1055.205. REVENUE BONDS; OTHER FINANCIAL |
|
ARRANGEMENTS. (a) The board may, without an election, issue |
|
revenue bonds or make other financial arrangements payable from and |
|
secured by a pledge of all or part of the revenue derived from the |
|
operation of the district's hospital system. The district may use |
|
the money to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(Acts 60th Leg., R.S., Ch. 184, Sec. 6 (part).) |
|
Sec.1055.206.MATURITY OF BONDS. General obligation bonds |
|
and revenue bonds must mature not later than 40 years after the date |
|
of issuance. (Acts 60th Leg., R.S., Ch. 184, Sec. 6 (part).) |
|
[Sections 1055.207-1055.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1055.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the annual budget, the board shall impose a tax on all |
|
property in the district subject to district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds or other obligations issued or assumed by the district for |
|
hospital purposes; |
|
(2) provide for the operation and maintenance of the |
|
district and hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 60th Leg., R.S., Ch. 184, |
|
Secs. 5 (part), 8 (part).) |
|
Sec.1055.252.TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 60th Leg., R.S., Ch. 184, Sec. 5 |
|
(part).) |
|
Sec.1055.253.TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector of Marion County shall assess and collect taxes |
|
imposed by the district. (Acts 60th Leg., R.S., Ch. 184, Secs. 5 |
|
(part), 8 (part).) |
|
CHAPTER 1057. MATAGORDA COUNTY HOSPITAL DISTRICT OF MATAGORDA |
|
COUNTY, TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1057.001. DEFINITIONS |
|
Sec. 1057.002. AUTHORITY FOR CREATION |
|
Sec. 1057.003. POLITICAL SUBDIVISION |
|
Sec. 1057.004. DISTRICT TERRITORY |
|
Sec. 1057.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1057.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
[Sections 1057.007-1057.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1057.051. BOARD APPOINTMENT; TERM |
|
Sec. 1057.052. OFFICERS |
|
Sec. 1057.053. COMPENSATION |
|
Sec. 1057.054. RECORDS OF PROCEEDINGS |
|
Sec. 1057.055. DISTRICT ADMINISTRATOR |
|
Sec. 1057.056. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1057.057. EMPLOYEES |
|
Sec. 1057.058. RETIREMENT PROGRAM |
|
Sec. 1057.059. SEAL |
|
[Sections 1057.060-1057.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1057.101. DISTRICT RESPONSIBILITY |
|
Sec. 1057.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1057.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1057.104. HOSPITAL SYSTEM |
|
Sec. 1057.105. RULES |
|
Sec. 1057.106. LEASES |
|
Sec. 1057.107. EMINENT DOMAIN |
|
Sec. 1057.108. GIFTS AND ENDOWMENTS |
|
Sec. 1057.109. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1057.110. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1057.111-1057.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1057.151. AUDITOR |
|
Sec. 1057.152. DEPOSITORY |
|
Sec. 1057.153. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1057.154-1057.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1057.201. GENERAL OBLIGATION BONDS |
|
Sec. 1057.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1057.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1057.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1057.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1057.206. INVESTMENT OF GENERAL OBLIGATION BOND |
|
PROCEEDS |
|
Sec. 1057.207. REVENUE BONDS |
|
[Sections 1057.208-1057.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1057.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1057.252. TAX RATE |
|
Sec. 1057.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1057. MATAGORDA COUNTY HOSPITAL DISTRICT OF MATAGORDA |
|
COUNTY, TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1057.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of hospital managers of |
|
the district. |
|
(2) "District" means the Matagorda County Hospital |
|
District of Matagorda County, Texas. |
|
(3) "Manager" means a member of the board. (New.) |
|
Sec.1057.002.AUTHORITY FOR CREATION. The district of |
|
Matagorda County, Texas, is created under the authority of Section |
|
9, Article IX, Texas Constitution. (Acts 59th Leg., R.S., Ch. 41, |
|
Sec. 1 (part).) |
|
Sec.1057.003.POLITICAL SUBDIVISION. The district is a |
|
political subdivision of this state. (Acts 59th Leg., R.S., Ch. 41, |
|
Sec. 13 (part).) |
|
Sec.1057.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Matagorda County, |
|
Texas. (Acts 59th Leg., R.S., Ch. 41, Sec. 1 (part).) |
|
Sec.1057.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 59th Leg., R.S., Ch. 41, Sec. 15 (part).) |
|
Sec. 1057.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district's hospital |
|
system may not become a charge against or obligation of this state. |
|
(Acts 59th Leg., R.S., Ch. 41, Sec. 6 (part).) |
|
[Sections 1057.007-1057.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1057.051.BOARD APPOINTMENT; TERM. (a) The board |
|
consists of not fewer than five and not more than seven managers |
|
appointed by the Matagorda County Commissioners Court. |
|
(b) Managers serve two-year terms. The terms may overlap. |
|
(Acts 59th Leg., R.S., Ch. 41, Sec. 4 (part).) |
|
Sec.1057.052.OFFICERS. (a) The board shall select from |
|
among the managers a presiding officer who shall preside over the |
|
board. |
|
(b) A presiding officer pro tem shall preside in the absence |
|
of the presiding officer. |
|
(c) The district administrator or any manager may be |
|
appointed secretary. (Acts 59th Leg., R.S., Ch. 41, Sec. 4 (part).) |
|
Sec.1057.053.COMPENSATION. A manager serves without pay. |
|
(Acts 59th Leg., R.S., Ch. 41, Sec. 4 (part).) |
|
Sec.1057.054.RECORDS OF PROCEEDINGS. (a) The secretary |
|
shall keep suitable records of all proceedings of each board |
|
meeting. |
|
(b) After each meeting: |
|
(1) the manager presiding at the meeting shall read |
|
and sign the record; and |
|
(2) the secretary shall attest the record. (Acts 59th |
|
Leg., R.S., Ch. 41, Sec. 4 (part).) |
|
Sec.1057.055.DISTRICT ADMINISTRATOR. (a) The board |
|
shall appoint a general manager as the district administrator. |
|
(b) The district administrator serves for a term not to |
|
exceed two years and is entitled to receive the compensation |
|
determined by the board. |
|
(c) The board may remove the district administrator at any |
|
time. |
|
(d) Before assuming the duties of district administrator, |
|
the administrator must execute a bond payable to the district in an |
|
amount of not less than $10,000 that: |
|
(1) is conditioned on the administrator performing |
|
well and faithfully the administrator's required duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 59th Leg., R.S., Ch. 41, Sec. 4 (part).) |
|
Sec.1057.056.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) perform the duties required by the board; |
|
(2) supervise the work and activities of the district; |
|
and |
|
(3) direct the affairs of the district. (Acts 59th |
|
Leg., R.S., Ch. 41, Sec. 4 (part).) |
|
Sec.1057.057.EMPLOYEES. (a) The board may employ |
|
doctors, technicians, nurses, and other employees considered |
|
advisable for the efficient operation of the hospital or hospital |
|
system. |
|
(b) A contract or term of employment under Subsection (a) |
|
may not exceed two years. (Acts 59th Leg., R.S., Ch. 41, Sec. 4 |
|
(part).) |
|
Sec.1057.058.RETIREMENT PROGRAM. With the approval of |
|
the Matagorda County Commissioners Court, the board may contract |
|
with this state or the federal government as necessary to establish |
|
or continue a retirement program for the benefit of district |
|
employees. (Acts 59th Leg., R.S., Ch. 41, Sec. 4 (part).) |
|
Sec.1057.059.SEAL. The board shall have a seal engraved |
|
with the district's name to authenticate the acts of the board. The |
|
secretary of the board shall keep the seal. (Acts 59th Leg., R.S., |
|
Ch. 41, Sec. 4 (part).) |
|
[Sections 1057.060-1057.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1057.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 41, Sec. 2 |
|
(part).) |
|
Sec. 1057.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision in Matagorda County, |
|
other than the district, may not impose a tax or issue bonds or |
|
other obligations for hospital purposes or to provide medical care |
|
in the district. (Acts 59th Leg., R.S., Ch. 41, Sec. 2 (part).) |
|
Sec.1057.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the district's |
|
hospital or hospital system. (Acts 59th Leg., R.S., Ch. 41, Sec. 4 |
|
(part).) |
|
Sec.1057.104.HOSPITAL SYSTEM. The district shall provide |
|
for the establishment of a hospital or hospital system in the |
|
district to furnish medical and hospital care to district residents |
|
by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and improvements for hospital purposes; |
|
(2) equipping the buildings and improvements for those |
|
purposes; and |
|
(3) administering the buildings and improvements for |
|
those purposes. (Acts 59th Leg., R.S., Ch. 41, Sec. 2 (part).) |
|
Sec.1057.105.RULES. The board may adopt rules for the |
|
operation of the hospital or hospital system. (Acts 59th Leg., |
|
R.S., Ch. 41, Sec. 4 (part).) |
|
Sec.1057.106.LEASES. (a) The board may lease district |
|
property, including facilities or equipment, to individuals, |
|
companies, corporations, or other legal entities on terms the board |
|
determines further the district's purposes. |
|
(b) The term of a lease under this section may not exceed 25 |
|
years. (Acts 59th Leg., R.S., Ch. 41, Sec. 4A.) |
|
Sec.1057.107.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property, real, personal, or mixed, |
|
located in district territory, if the interest is necessary or |
|
convenient for the district to exercise a right, power, privilege, |
|
or function conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 59th Leg., R.S., Ch. 41, Sec. 9.) |
|
Sec.1057.108.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 59th Leg., R.S., Ch. 41, Sec. |
|
14.) |
|
Sec. 1057.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. The board, with the approval of the Matagorda |
|
County Commissioners Court, may contract with: |
|
(1) a county for the care and treatment of a sick or |
|
injured person of that county; and |
|
(2) this state or a federal agency for the care and |
|
treatment of a sick or injured person for whom the state or agency |
|
is responsible. (Acts 59th Leg., R.S., Ch. 41, Sec. 4 (part).) |
|
Sec.1057.110.AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district may sue and be sued in its own |
|
name in any court of this state. (Acts 59th Leg., R.S., Ch. 41, Sec. |
|
13 (part).) |
|
[Sections 1057.111-1057.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1057.151.AUDITOR. (a) The Matagorda County auditor |
|
is the auditor for the district. |
|
(b) The auditor shall make any report and perform any |
|
accounting service reasonably incident or necessary to the proper |
|
conduct of the district's business. |
|
(c) The auditor shall receive the compensation determined |
|
by the board after considering the amount and value of the services |
|
performed for the district. (Acts 59th Leg., R.S., Ch. 41, Sec. |
|
16.) |
|
Sec.1057.152.DEPOSITORY. (a) The board by resolution |
|
shall designate a bank in the county as the district's depository. |
|
A designated bank serves for two years and until a successor is |
|
designated. |
|
(b) All income received by the district shall be deposited |
|
with the district depository. |
|
(c) The net revenue from the tax imposed under Section |
|
1057.201 may be withdrawn as directed by the board. |
|
(d) All district money shall be secured in the manner |
|
provided for securing county funds. (Acts 59th Leg., R.S., Ch. 41, |
|
Secs. 7 (part), 8.) |
|
Sec.1057.153.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
The board may borrow money at a rate the board determines is |
|
reasonable. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) tax revenue to be collected by the district in the |
|
next 12-month period that is not pledged to pay the principal of or |
|
interest on district bonds; |
|
(3) district bonds that have been authorized but not |
|
sold; and |
|
(4) any other unencumbered district assets. |
|
(c) The board may use the proceeds of a loan made under this |
|
section only for the district's operational and capital |
|
requirements. (Acts 59th Leg., R.S., Ch. 41, Sec. 10B.) |
|
[Sections 1057.154-1057.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1057.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 59th Leg., R.S., Ch. 41, Sec. 10 (part).) |
|
Sec.1057.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) An |
|
ad valorem tax shall be imposed at a rate sufficient to create an |
|
interest and sinking fund to pay the principal of and interest on |
|
general obligation bonds issued under Section 1057.201 as the bonds |
|
mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax imposed for the district may not in any year exceed |
|
75 cents on each $100 valuation of all taxable property in the |
|
district. (Acts 59th Leg., R.S., Ch. 41, Sec. 10 (part).) |
|
Sec.1057.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting in an |
|
election held for that purpose. |
|
(b) The board may order the election on its own motion. |
|
(c) The order calling the election must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding election officers; |
|
(4) the purpose of the bond issuance; |
|
(5) the amount of the bonds to be authorized; |
|
(6) the maximum interest rate of the bonds; and |
|
(7) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the order calling the election in a newspaper of |
|
general circulation in the district once each week for two |
|
consecutive weeks before the date of the election. The first |
|
publication must occur at least 14 days before the date of the |
|
election. (Acts 59th Leg., R.S., Ch. 41, Secs. 5 (part), 10 |
|
(part).) |
|
Sec.1057.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 59th Leg., R.S., Ch. 41, |
|
Sec. 10 (part).) |
|
Sec.1057.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board's presiding officer shall execute the general obligation |
|
bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
59th Leg., R.S., Ch. 41, Sec. 10 (part).) |
|
Sec. 1057.206. INVESTMENT OF GENERAL OBLIGATION BOND |
|
PROCEEDS. Until the proceeds from the sale of general obligation |
|
bonds are needed to carry out the bond purpose, the proceeds may be: |
|
(1) invested in direct obligations of the United |
|
States; or |
|
(2) placed on time deposit. (Acts 59th Leg., R.S., Ch. |
|
41, Sec. 10 (part).) |
|
Sec.1057.207.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(e) An election is not required to authorize the issuance of |
|
revenue bonds. (Acts 59th Leg., R.S., Ch. 41, Sec. 10A.) |
|
[Sections 1057.208-1057.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1057.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) meet the requirements of district bonds and |
|
indebtedness assumed by the district; |
|
(2) provide for the district's maintenance and |
|
operation expenses; |
|
(3) make improvements and additions to the district's |
|
hospitals or hospital system; and |
|
(4) acquire necessary sites by gift, purchase, lease, |
|
or condemnation. (Acts 59th Leg., R.S., Ch. 41, Secs. 6 (part), 7 |
|
(part).) |
|
Sec.1057.252.TAX RATE. The board shall impose the tax at |
|
a rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 59th Leg., R.S., Ch. 41, Sec. 6 |
|
(part).) |
|
Sec.1057.253.TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector of Matagorda County shall collect taxes imposed |
|
by the district. (Acts 59th Leg., R.S., Ch. 41, Sec. 7 (part).) |
|
CHAPTER 1059. MCCULLOCH COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1059.001. DEFINITIONS |
|
Sec. 1059.002. AUTHORITY FOR OPERATION |
|
Sec. 1059.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1059.004. DISTRICT TERRITORY |
|
Sec. 1059.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1059.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1059.007-1059.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1059.051. BOARD ELECTION; TERMS |
|
Sec. 1059.052. NOTICE OF ELECTION |
|
Sec. 1059.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1059.054. BOND; RECORD OF BOND |
|
Sec. 1059.055. BOARD VACANCY |
|
Sec. 1059.056. OFFICERS |
|
Sec. 1059.057. COMPENSATION; EXPENSES |
|
Sec. 1059.058. VOTING REQUIREMENT |
|
Sec. 1059.059. DISTRICT ADMINISTRATOR |
|
Sec. 1059.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1059.061. EMPLOYEES; APPOINTMENT AND REMOVAL OF |
|
STAFF |
|
Sec. 1059.062. RECRUITMENT OF MEDICAL STAFF AND |
|
PROFESSIONAL PERSONNEL |
|
Sec. 1059.063. RETIREMENT BENEFITS |
|
[Sections 1059.064-1059.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1059.101. DISTRICT RESPONSIBILITY |
|
Sec. 1059.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1059.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1059.104. RULES |
|
Sec. 1059.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1059.106. MOBILE EMERGENCY MEDICAL OR AIR |
|
AMBULANCE SERVICE |
|
Sec. 1059.107. DISTRICT PROPERTY, FACILITIES, |
|
EQUIPMENT, AND SERVICES |
|
Sec. 1059.108. EMINENT DOMAIN |
|
Sec. 1059.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1059.110. GIFTS AND ENDOWMENTS |
|
Sec. 1059.111. CONSTRUCTION CONTRACTS |
|
Sec. 1059.112. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1059.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR SERVICES |
|
Sec. 1059.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1059.115. POLICIES OR RULES ON INDIGENT HEALTH |
|
CARE |
|
Sec. 1059.116. REIMBURSEMENT FOR SERVICES |
|
Sec. 1059.117. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1059.118-1059.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1059.151. BUDGET |
|
Sec. 1059.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1059.153. AMENDMENTS TO BUDGET |
|
Sec. 1059.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1059.155. FISCAL YEAR |
|
Sec. 1059.156. ANNUAL AUDIT |
|
Sec. 1059.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1059.158. FINANCIAL REPORT |
|
Sec. 1059.159. DEPOSITORY |
|
Sec. 1059.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
Sec. 1059.161. AUTHORITY TO BORROW MONEY |
|
[Sections 1059.162-1059.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1059.201. GENERAL OBLIGATION BONDS |
|
Sec. 1059.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1059.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1059.204. REVENUE BONDS |
|
Sec. 1059.205. REFUNDING BONDS |
|
Sec. 1059.206. MATURITY OF BONDS |
|
Sec. 1059.207. EXECUTION OF BONDS |
|
Sec. 1059.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1059.209-1059.250 reserved for expansion] |
|
SUBCHAPTER F. AD VALOREM TAX |
|
Sec. 1059.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1059.252. TAX RATE |
|
Sec. 1059.253. TAX ASSESSOR-COLLECTOR |
|
[Sections 1059.254-1059.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1059.301. DISSOLUTION; ELECTION |
|
Sec. 1059.302. NOTICE OF ELECTION |
|
Sec. 1059.303. BALLOT |
|
Sec. 1059.304. ELECTION RESULTS |
|
Sec. 1059.305. TRANSFER OR ADMINISTRATION OF ASSETS |
|
Sec. 1059.306. SALE OR TRANSFER OF ASSETS AND |
|
LIABILITIES |
|
Sec. 1059.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES |
|
Sec. 1059.308. REPORT; DISSOLUTION ORDER |
|
CHAPTER 1059. MCCULLOCH COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1059.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the McCulloch County Hospital |
|
District. (Acts 71st Leg., R.S., Ch. 51, Sec. 1.01.) |
|
Sec.1059.002.AUTHORITY FOR OPERATION. The district |
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
Constitution, and by this chapter. (Acts 71st Leg., R.S., Ch. 51, |
|
Sec. 1.02.) |
|
Sec.1059.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
a public entity performing an essential public function. (Acts |
|
71st Leg., R.S., Ch. 51, Sec. 7.11 (part).) |
|
Sec.1059.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of McCulloch County, |
|
Texas. (Acts 71st Leg., R.S., Ch. 51, Sec. 1.03.) |
|
Sec. 1059.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The state may not become obligated for the support or |
|
maintenance of the district. (Acts 71st Leg., R.S., Ch. 51, Sec. |
|
9.01 (part).) |
|
Sec.1059.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 71st Leg., R.S., Ch. 51, Sec. 9.01 (part).) |
|
[Sections 1059.007-1059.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1059.051.BOARD ELECTION; TERMS. (a) The district is |
|
governed by a board of seven directors. |
|
(b) One director is elected from each commissioners |
|
precinct and three directors are elected from the district at |
|
large. |
|
(c) Directors serve staggered three-year terms. |
|
(d) An election shall be held on the uniform election date |
|
in May of each year to elect the appropriate number of directors. |
|
(Acts 71st Leg., R.S., Ch. 51, Secs. 4.01(a), 4.03(a), (d).) |
|
Sec.1059.052.NOTICE OF ELECTION. Not earlier than 30 days |
|
or later than 10 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. (Acts 71st Leg., R.S., |
|
Ch. 51, Sec. 4.04.) |
|
Sec.1059.053.QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to be a candidate for or to serve as a director, a person |
|
must be: |
|
(1) a district resident; |
|
(2) a qualified voter; and |
|
(3) able to obtain a bond as prescribed by Section |
|
1059.054. |
|
(b) In addition to Subsection (a), a person who is elected |
|
from a commissioners precinct or who is appointed to fill a vacancy |
|
for a commissioners precinct must be a resident of that |
|
commissioners precinct. |
|
(c) A district employee or member of the district's medical |
|
staff may not serve as a director. |
|
(d) A person formerly employed by the district may not serve |
|
as a director before the second anniversary of the date of the |
|
termination of that person's employment by the district. (Acts |
|
71st Leg., R.S., Ch. 51, Sec. 4.06.) |
|
Sec.1059.054.BOND; RECORD OF BOND. (a) Before assuming |
|
the duties of office, each director must execute a bond for $5,000 |
|
that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) Each director's bond shall be kept in the district's |
|
permanent records. |
|
(c) The director shall obtain the bond from an insurer |
|
authorized to engage in business in this state. (Acts 71st Leg., |
|
R.S., Ch. 51, Sec. 4.07.) |
|
Sec.1059.055.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 71st Leg., R.S., Ch. 51, |
|
Sec. 4.08.) |
|
Sec.1059.056.OFFICERS. (a) The board shall elect a |
|
president and a vice president from among its members. |
|
(b) The board shall appoint a secretary, who need not be a |
|
director. |
|
(c) Each officer of the board serves for a term of one year. |
|
(d) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 71st Leg., R.S., Ch. 51, Secs. 4.09, 4.10.) |
|
Sec.1059.057.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 71st Leg., R.S., Ch. |
|
51, Sec. 4.11.) |
|
Sec.1059.058.VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors voting is necessary in any matter |
|
relating to district business. (Acts 71st Leg., R.S., Ch. 51, Sec. |
|
4.12.) |
|
Sec.1059.059.DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to the compensation determined by the board. |
|
(c) Before assuming the duties of district administrator, |
|
the administrator shall execute a bond in the amount determined by |
|
the board of not less than $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
administrator's duties under this chapter. |
|
(d) The bond shall be kept in the district's permanent |
|
records. |
|
(e) The district administrator shall obtain the bond from an |
|
insurer authorized to engage in business in this state. |
|
(f) The board may pay for the bond with district money. |
|
(Acts 71st Leg., R.S., Ch. 51, Sec. 4.13.) |
|
Sec.1059.060.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. (Acts |
|
71st Leg., R.S., Ch. 51, Sec. 4.17.) |
|
Sec.1059.061.EMPLOYEES; APPOINTMENT AND REMOVAL OF STAFF. |
|
(a) The board may: |
|
(1) appoint to or remove from the staff any doctors the |
|
board considers necessary for the efficient operation of the |
|
district and may make temporary appointments as necessary; and |
|
(2) adopt policies relating to the method of |
|
appointing and removing staff members. |
|
(b) The district may employ technicians, nurses, fiscal |
|
agents, accountants, architects, attorneys, and other necessary |
|
employees. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ persons for the district. |
|
(d) The district may not employ a person who is related to a |
|
director within the second degree by consanguinity or affinity, as |
|
determined under Subchapter B, Chapter 573, Government Code, during |
|
that director's term of office. A district employee who is related |
|
to a person elected as a director within the second degree by |
|
consanguinity or affinity shall resign from employment when that |
|
director takes office. (Acts 71st Leg., R.S., Ch. 51, Secs. 4.14, |
|
4.15.) |
|
Sec. 1059.062. RECRUITMENT OF MEDICAL STAFF AND |
|
PROFESSIONAL PERSONNEL. The board may use innovative methods to |
|
recruit physicians, nurses, technicians, and other professional |
|
personnel, including: |
|
(1) scholarship programs; |
|
(2) agreements for future services; |
|
(3) shared personnel; |
|
(4) bonuses; and |
|
(5) any other method the district considers |
|
necessary. (Acts 71st Leg., R.S., Ch. 51, Sec. 4.16.) |
|
Sec.1059.063.RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 71st Leg., R.S., Ch. |
|
51, Sec. 4.18.) |
|
[Sections 1059.064-1059.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1059.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating hospital facilities; and |
|
(2) providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 71st Leg., R.S., Ch. 51, Sec. |
|
5.02(a) (part).) |
|
Sec. 1059.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. McCulloch County, the City of Brady, and the |
|
McCulloch County Hospital Authority may not impose a tax or issue |
|
bonds or other obligations for hospital purposes or to provide |
|
medical care for district residents. (Acts 71st Leg., R.S., Ch. 51, |
|
Sec. 5.01(b).) |
|
Sec.1059.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 71st Leg., R.S., Ch. |
|
51, Sec. 5.03.) |
|
Sec.1059.104.RULES. The board may adopt rules governing: |
|
(1) the operation of the hospital and hospital system; |
|
and |
|
(2) the duties, functions, and responsibilities of |
|
district staff and employees. (Acts 71st Leg., R.S., Ch. 51, Sec. |
|
5.04.) |
|
Sec.1059.105.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) accounting and control procedures for the |
|
district. (Acts 71st Leg., R.S., Ch. 51, Sec. 5.05.) |
|
Sec. 1059.106. MOBILE EMERGENCY MEDICAL OR AIR AMBULANCE |
|
SERVICE. The district may operate or provide for the operation of a |
|
mobile emergency medical or air ambulance service. (Acts 71st |
|
Leg., R.S., Ch. 51, Sec. 5.02(a) (part).) |
|
Sec. 1059.107. DISTRICT PROPERTY, FACILITIES, EQUIPMENT, |
|
AND SERVICES. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The district has complete discretion as to the type and |
|
extent of services the district will offer. The district may |
|
provide any services or facilities the board finds necessary for |
|
hospital or medical care, including: |
|
(1) facilities for domiciliary care, including |
|
geriatric domiciliary care; |
|
(2) outpatient clinics; |
|
(3) dispensaries; |
|
(4) convalescent home facilities; |
|
(5) necessary nurses; |
|
(6) domiciliaries and training centers; |
|
(7) blood banks; |
|
(8) community mental health centers; |
|
(9) alcohol or chemical dependency centers; |
|
(10) minor emergency centers; |
|
(11) research centers; or |
|
(12) laboratories. |
|
(c) The board may: |
|
(1) acquire property, including facilities and |
|
equipment, for the district for use in the hospital system; and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(d) The board may lease hospital facilities for the |
|
district. |
|
(e) The board may sell or otherwise dispose of property, |
|
including facilities or equipment, for the district at public or |
|
private sale at the price and terms the board considers most |
|
advantageous. (Acts 71st Leg., R.S., Ch. 51, Sec. 5.06.) |
|
Sec.1059.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in property located in district territory if the |
|
property interest is necessary to exercise a right or authority |
|
conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 71st Leg., R.S., Ch. 51, Sec. |
|
5.09.) |
|
Sec.1059.109.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of any railroad, highway, pipeline, or |
|
electric transmission and electric distribution, telegraph, or |
|
telephone line, conduit, pole, or facility, the district must bear |
|
the actual cost of relocating, raising, lowering, rerouting, |
|
changing the grade, or altering the construction to provide |
|
comparable replacement without enhancement of facilities, after |
|
deducting the net salvage value derived from the old facility. |
|
(Acts 71st Leg., R.S., Ch. 51, Sec. 5.10.) |
|
Sec.1059.110.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for any |
|
purpose and under any direction, limitation, or other provision |
|
prescribed in writing by the donor that is consistent with the |
|
proper management of the district. (Acts 71st Leg., R.S., Ch. 51, |
|
Sec. 5.14.) |
|
Sec.1059.111.CONSTRUCTION CONTRACTS. (a) The board may |
|
enter into construction contracts for the district. |
|
(b) The board may enter into a construction contract that |
|
involves the expenditure of more than the amount provided by |
|
Section 271.024, Local Government Code, only after competitive |
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
Code. (Acts 71st Leg., R.S., Ch. 51, Sec. 5.07(a).) |
|
Sec.1059.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a hospital facility for the district. (Acts 71st Leg., R.S., Ch. |
|
51, Sec. 5.08.) |
|
Sec. 1059.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
SERVICES. The board may contract with a political subdivision of |
|
this state or with a state or federal agency for the district to: |
|
(1) furnish a mobile emergency medical or air |
|
ambulance service; or |
|
(2) provide for the investigatory or welfare needs of |
|
district inhabitants. (Acts 71st Leg., R.S., Ch. 51, Sec. 5.13.) |
|
Sec.1059.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the financial circumstances of: |
|
(1) the patient; or |
|
(2) a relative of the patient who is legally |
|
responsible for the patient's support. |
|
(b) As required by Section 9, Article IX, Texas |
|
Constitution, the district without charge shall provide to a |
|
patient who resides in the district the care and treatment that the |
|
patient or a relative of the patient who is legally responsible for |
|
the patient's support cannot pay. |
|
(c) On determining that the patient or a relative legally |
|
responsible for the patient's support can pay for all or part of the |
|
care and treatment provided by the district, the district |
|
administrator shall report that determination to the board, and the |
|
board shall issue an order directing the patient or the relative to |
|
pay the district a specified amount each week. The amount must be |
|
based on the individual's ability to pay. |
|
(d) The district administrator may collect money owed to the |
|
district from the patient's estate or from that of a relative who |
|
was legally responsible for the patient's support in the manner |
|
provided by law for collection of expenses of the last illness of a |
|
deceased person. |
|
(e) If there is a dispute relating to an individual's |
|
ability to pay or if the district administrator has any doubt |
|
concerning an individual's ability to pay, the board shall: |
|
(1) call witnesses; |
|
(2) issue subpoenas and subpoenas duces tecum; |
|
(3) administer oaths; |
|
(4) hear and resolve the question; and |
|
(5) issue a final order. |
|
(f) A final order of the board may be appealed to a district |
|
court in McCulloch County. The substantial evidence rule applies |
|
to the appeal. (Acts 71st Leg., R.S., Ch. 51, Secs. 5.11(a), (d), |
|
(e), (f), (g).) |
|
Sec.1059.115.POLICIES OR RULES ON INDIGENT HEALTH CARE. |
|
(a) The district may adopt, amend, or repeal policies or rules |
|
relating to indigent health care that include: |
|
(1) eligibility of patients for indigent health care; |
|
(2) application forms for patients or relatives of |
|
patients requesting indigent health care that may require personal |
|
and financial information to be furnished; |
|
(3) procedures for obtaining and completing |
|
applications for indigent health care and for filing the completed |
|
applications with the district; |
|
(4) procedures for reviewing applications to |
|
determine eligibility for indigent health care; and |
|
(5) other procedures provided by this section and |
|
Section 1059.116. |
|
(b) The application procedure to determine eligibility for |
|
indigent health care must be adopted not later than the beginning of |
|
each operating year and must comply with Chapter 61, Health and |
|
Safety Code. (Acts 71st Leg., R.S., Ch. 51, Secs. 5.11(b), (c).) |
|
Sec.1059.116.REIMBURSEMENT FOR SERVICES. (a) The board |
|
shall require a county, municipality, or public hospital located |
|
outside the district to reimburse the district for the district's |
|
care and treatment of a sick or injured person of that county, |
|
municipality, or public hospital as provided by Chapter 61, Health |
|
and Safety Code. |
|
(b) The board shall require the sheriff of McCulloch County |
|
to reimburse the district for the district's care and treatment of a |
|
person who is confined in a jail facility of McCulloch County and is |
|
not a district resident. |
|
(c) The board may contract with the state or federal |
|
government for that government to reimburse the district for |
|
treatment of a sick or injured person. (Acts 71st Leg., R.S., Ch. |
|
51, Sec. 5.12.) |
|
Sec.1059.117.AUTHORITY TO SUE AND BE SUED. (a) The board |
|
may sue and be sued on behalf of the district. |
|
(b) The district may assert any defense or counterclaim the |
|
McCulloch County Hospital Authority could have asserted related to |
|
any debt that was: |
|
(1) incurred by the authority for hospital purposes; |
|
and |
|
(2) assumed by the district on the district's |
|
creation. (Acts 71st Leg., R.S., Ch. 51, Secs. 5.02(b), 5.15.) |
|
[Sections 1059.118-1059.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1059.151.BUDGET. (a) The district administrator |
|
shall prepare a proposed annual budget for the district. |
|
(b) The proposed budget must contain a complete financial |
|
statement, including a statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand in each district fund; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 71st Leg., |
|
R.S., Ch. 51, Sec. 6.04.) |
|
Sec.1059.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) The board shall publish notice of the hearing in a |
|
newspaper of general circulation in the district not later than the |
|
10th day before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the |
|
taxpayers. |
|
(e) The budget is effective only after adoption by the |
|
board. (Acts 71st Leg., R.S., Ch. 51, Sec. 6.05.) |
|
Sec.1059.153.AMENDMENTS TO BUDGET. After adoption, the |
|
annual budget may be amended on the board's approval. (Acts 71st |
|
Leg., R.S., Ch. 51, Sec. 6.06.) |
|
Sec.1059.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 71st Leg., R.S., Ch. 51, Sec. 6.07.) |
|
Sec.1059.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) when revenue bonds of the district are |
|
outstanding; or |
|
(2) more than once in a 24-month period. (Acts 71st |
|
Leg., R.S., Ch. 51, Sec. 6.01.) |
|
Sec.1059.156.ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 71st |
|
Leg., R.S., Ch. 51, Sec. 6.02.) |
|
Sec. 1059.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records are open to |
|
inspection during regular business hours at the district's |
|
principal office. (Acts 71st Leg., R.S., Ch. 51, Sec. 6.03.) |
|
Sec.1059.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of the fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a sworn statement of the amount of district money; |
|
and |
|
(2) an account of the disbursements of that money. |
|
(Acts 71st Leg., R.S., Ch. 51, Sec. 6.08.) |
|
Sec.1059.159.DEPOSITORY. (a) The board shall select at |
|
least one bank to serve as a depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1059.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and must remain on |
|
deposit. This subsection does not limit the power of the board to |
|
place a portion of district money on time deposit or to purchase |
|
certificates of deposit. |
|
(c) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or other security in an amount sufficient to secure from loss the |
|
district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 71st Leg., R.S., Ch. 51, Sec. |
|
6.11.) |
|
Sec.1059.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as provided by Sections 1059.111, 1059.201, 1059.204, and |
|
1059.205, the district may not incur a debt payable from district |
|
revenue other than the revenue on hand or to be on hand in the |
|
current and immediately following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 71st Leg., R.S., Ch. 51, Sec. 6.09.) |
|
Sec.1059.161.AUTHORITY TO BORROW MONEY. (a) The district |
|
may borrow money for district operating expenses in an amount not to |
|
exceed the amount of tax revenue the district expects to receive |
|
during the 12-month period following the date the money is |
|
borrowed. |
|
(b) The district may pledge all or any part of that tax |
|
revenue to repay the amount borrowed. (Acts 71st Leg., R.S., Ch. |
|
51, Sec. 6.10.) |
|
[Sections 1059.162-1059.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1059.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds authorized by an election |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements for hospital |
|
purposes; or |
|
(3) acquire and operate a mobile emergency medical or |
|
air ambulance service. (Acts 71st Leg., R.S., Ch. 51, Sec. 7.01.) |
|
Sec.1059.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1059.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 71st Leg., R.S., Ch. 51, Sec. 7.02.) |
|
Sec.1059.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order a bond election. |
|
(c) The order calling the election must specify: |
|
(1) the nature and date of the election; |
|
(2) the hours during which the polls will be open; |
|
(3) the location of polling places; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. |
|
(e) The board shall declare the results of the bond |
|
election. (Acts 71st Leg., R.S., Ch. 51, Sec. 7.03.) |
|
Sec.1059.204.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, equip, or |
|
renovate buildings or improvements for hospital purposes, |
|
including the purposes described by Section 1059.107; |
|
(2) acquire sites to be used for hospital purposes; or |
|
(3) acquire and operate a mobile emergency medical or |
|
air ambulance service to assist the district in carrying out its |
|
hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(Acts 71st Leg., R.S., Ch. 51, Sec. 7.04.) |
|
Sec.1059.205.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 71st |
|
Leg., R.S., Ch. 51, Secs. 7.05(a), (c) (part).) |
|
Sec.1059.206.MATURITY OF BONDS. District bonds must |
|
mature not later than 50 years after the date of issuance. (Acts |
|
71st Leg., R.S., Ch. 51, Sec. 7.06 (part).) |
|
Sec.1059.207.EXECUTION OF BONDS. (a) The board president |
|
shall execute the district's bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 71st Leg., |
|
R.S., Ch. 51, Sec. 7.07.) |
|
Sec.1059.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 71st |
|
Leg., R.S., Ch. 51, Sec. 7.11 (part).) |
|
[Sections 1059.209-1059.250 reserved for expansion] |
|
SUBCHAPTER F. AD VALOREM TAX |
|
Sec.1059.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all property in the district subject to district |
|
taxation. |
|
(b) The tax may be used to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 71st |
|
Leg., R.S., Ch. 51, Secs. 8.01(a) (part), (c), (d), 8.02(b).) |
|
Sec.1059.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters at the |
|
election authorizing the imposition of the tax. |
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
each $100 valuation of all taxable property in the district. |
|
(c) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts |
|
71st Leg., R.S., Ch. 51, Secs. 8.01(a) (part), (b), 8.03 (part).) |
|
Sec.1059.253.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 51, Sec. |
|
8.04(b).) |
|
[Sections 1059.254-1059.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec.1059.301.DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved only on approval of a majority of the district |
|
voters voting in an election 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. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by a number of |
|
district residents equal to at least 15 percent of the registered |
|
voters in the district. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition 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. |
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 71st Leg., R.S., Ch. 51, |
|
Secs. 10.01(a), (b), (c) (part).) |
|
Sec.1059.302.NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks the election order in a newspaper |
|
with general circulation in the district. |
|
(b) The first publication of notice must appear not later |
|
than the 35th day before the date set for the election. (Acts 71st |
|
Leg., R.S., Ch. 51, Sec. 10.01(d) (part).) |
|
Sec.1059.303.BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the McCulloch County Hospital |
|
District." (Acts 71st Leg., R.S., Ch. 51, Sec. 10.01(d) (part).) |
|
Sec.1059.304.ELECTION RESULTS. (a) If a majority of the |
|
votes in an election under this subchapter favor dissolution, the |
|
board shall find that the district is dissolved. |
|
(b) 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 date of the most recent election |
|
to dissolve the district. (Acts 71st Leg., R.S., Ch. 51, Sec. |
|
10.01(e).) |
|
Sec.1059.305.TRANSFER OR ADMINISTRATION OF ASSETS. (a) |
|
If a majority of the votes in the election held under this |
|
subchapter favor dissolution, the board shall: |
|
(1) transfer the land, buildings, improvements, |
|
equipment, and other assets that belong to the district to |
|
McCulloch County or another governmental entity in McCulloch |
|
County; or |
|
(2) 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 makes the transfer under Subsection |
|
(a)(1), the county or entity assumes all debts and obligations of |
|
the district at the time of the transfer, and the district is |
|
dissolved. (Acts 71st Leg., R.S., Ch. 51, Secs. 10.01(f), (g).) |
|
Sec.1059.306.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
(a) The district may not be dissolved unless the board provides for |
|
the sale or transfer of the district's assets and liabilities to |
|
another person. |
|
(b) The dissolution of the district and the sale or transfer |
|
of the district's assets or liabilities may not contravene a trust |
|
indenture or bond resolution relating to the district's outstanding |
|
bonds. The dissolution and sale or transfer does not diminish or |
|
impair the rights of a holder of an outstanding bond, warrant, or |
|
other obligation of the district. |
|
(c) The 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 district |
|
residents, including the residents' collective property rights in |
|
the district's assets. |
|
(d) The district may not transfer or dispose of the |
|
district's assets except for due compensation unless: |
|
(1) the transfer is made to another governmental |
|
entity that serves the district; and |
|
(2) the transferred assets are to be used for the |
|
benefit of district residents. |
|
(e) A grant from federal funds is an obligation to be repaid |
|
in satisfaction. (Acts 71st Leg., R.S., Ch. 51, Secs. 10.01(m), |
|
(n).) |
|
Sec. 1059.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES. (a) After the board finds that the district is dissolved, |
|
the board shall: |
|
(1) determine the 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. |
|
(b) On the payment of all outstanding debts and obligations |
|
of the district, the board shall order the secretary to return to |
|
each district taxpayer the taxpayer's pro rata share of all unused |
|
tax money. |
|
(c) 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. (Acts |
|
71st Leg., R.S., Ch. 51, Secs. 10.01(h), (i), (j).) |
|
Sec.1059.308.REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all district debts and has disposed of all |
|
district money and other assets as prescribed by this subchapter, |
|
the board shall file a written report with the Commissioners Court |
|
of McCulloch County summarizing the board's actions in dissolving |
|
the district. |
|
(b) Not later than the 10th day after the date the |
|
Commissioners Court of McCulloch County receives the report and |
|
determines that the requirements of this subchapter have been |
|
fulfilled, the commissioners court shall enter an order dissolving |
|
the district and releasing the board from any further duty or |
|
obligation. (Acts 71st Leg., R.S., Ch. 51, Secs. 10.01(k), (l).) |
|
CHAPTER 1060. MENARD COUNTY HOSPITAL DISTRICT OF MENARD COUNTY, |
|
TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1060.001. DEFINITIONS |
|
Sec. 1060.002. AUTHORITY FOR CREATION |
|
Sec. 1060.003. DISTRICT TERRITORY |
|
Sec. 1060.004. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1060.005. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1060.006-1060.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1060.051. BOARD ELECTION; TERM |
|
Sec. 1060.052. NOTICE OF ELECTION |
|
Sec. 1060.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1060.054. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION OF OFFICE |
|
Sec. 1060.055. BOARD VACANCY |
|
Sec. 1060.056. OFFICERS |
|
Sec. 1060.057. COMPENSATION; EXPENSES |
|
Sec. 1060.058. DISTRICT ADMINISTRATOR |
|
Sec. 1060.059. EMPLOYEES |
|
Sec. 1060.060. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
[Sections 1060.061-1060.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1060.101. DISTRICT RESPONSIBILITY |
|
Sec. 1060.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1060.103. MANAGEMENT AND CONTROL OF DISTRICT |
|
Sec. 1060.104. HOSPITAL SYSTEM |
|
Sec. 1060.105. RULES |
|
Sec. 1060.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1060.107. EMINENT DOMAIN |
|
Sec. 1060.108. GIFTS AND ENDOWMENTS |
|
Sec. 1060.109. CONTRACTS FOR HOSPITAL AND MEDICAL CARE |
|
Sec. 1060.110. PAYMENT FOR TREATMENT; PROCEDURES |
|
[Sections 1060.111-1060.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1060.151. BUDGET |
|
Sec. 1060.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1060.153. FISCAL YEAR |
|
Sec. 1060.154. ANNUAL AUDIT |
|
Sec. 1060.155. DEPOSITORY |
|
[Sections 1060.156-1060.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1060.201. BONDS |
|
Sec. 1060.202. TAX TO PAY BONDS |
|
Sec. 1060.203. BOND ELECTION |
|
Sec. 1060.204. MATURITY OF BONDS |
|
Sec. 1060.205. EXECUTION OF BONDS |
|
[Sections 1060.206-1060.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1060.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1060.252. TAX RATE |
|
Sec. 1060.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1060. MENARD COUNTY HOSPITAL DISTRICT OF MENARD COUNTY, |
|
TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1060.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Menard County Hospital |
|
District of Menard County, Texas. (New.) |
|
Sec.1060.002.AUTHORITY FOR CREATION. The district of |
|
Menard County, Texas, is created under the authority of Section 9, |
|
Article IX, Texas Constitution. (Acts 64th Leg., R.S., Ch. 665, |
|
Sec. 1.) |
|
Sec.1060.003.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Menard County. |
|
(Acts 64th Leg., R.S., Ch. 665, Sec. 2.) |
|
Sec. 1060.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district's hospital |
|
system and any indebtedness incurred by the district under this |
|
chapter may not become a charge against or obligation of this state. |
|
(Acts 64th Leg., R.S., Ch. 665, Sec. 18 (part).) |
|
Sec.1060.005.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 64th Leg., R.S., Ch. 665, Sec. 18 (part).) |
|
[Sections 1060.006-1060.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1060.051.BOARD ELECTION; TERM. (a) The board |
|
consists of five directors elected from the district at large. |
|
(b) Directors serve staggered two-year terms unless |
|
four-year terms are established under Section 285.081, Health and |
|
Safety Code. (Acts 64th Leg., R.S., Ch. 665, Secs. 5(a), (d), (e), |
|
(g).) |
|
Sec.1060.052.NOTICE OF ELECTION. At least 30 days before |
|
the date of an election of directors, notice of the election shall |
|
be published one time in a newspaper or newspapers that |
|
individually or collectively have general circulation in the |
|
district. (Acts 64th Leg., R.S., Ch. 665, Sec. 5(f) (part).) |
|
Sec.1060.053.QUALIFICATIONS FOR OFFICE. To qualify for |
|
election to the board, a person must: |
|
(1) be at least 21 years of age; |
|
(2) have been a district resident for at least two |
|
years; and |
|
(3) be a qualified voter of the district. (Acts 64th |
|
Leg., R.S., Ch. 665, Sec. 5(b).) |
|
Sec. 1060.054. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
commercial bond for $1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district shall pay for a director's bond. |
|
(c) Each director's bond and constitutional oath or |
|
affirmation of office shall be deposited with the district's |
|
depository for safekeeping. (Acts 64th Leg., R.S., Ch. 665, Sec. |
|
6(a).) |
|
Sec.1060.055.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, a majority of the directors shall appoint a |
|
director for the unexpired term. (Acts 64th Leg., R.S., Ch. 665, |
|
Sec. 5(h).) |
|
Sec.1060.056.OFFICERS. The board shall elect from among |
|
its members a president, a secretary, and a treasurer at the first |
|
meeting of the board after each directors' election. (Acts 64th |
|
Leg., R.S., Ch. 665, Sec. 6(b).) |
|
Sec.1060.057.COMPENSATION; EXPENSES. A director serves |
|
without compensation but is entitled to reimbursement for necessary |
|
expenses incurred in the performance of official duties. (Acts |
|
64th Leg., R.S., Ch. 665, Sec. 6(c).) |
|
Sec.1060.058.DISTRICT ADMINISTRATOR. (a) The board may |
|
employ a district administrator to manage the operations of the |
|
hospital system. |
|
(b) The district administrator may employ necessary |
|
personnel to perform the services provided by the hospital system. |
|
(Acts 64th Leg., R.S., Ch. 665, Sec. 12(e) (part).) |
|
Sec.1060.059.EMPLOYEES. The board may employ an |
|
attorney, general manager, bookkeeper, architect, and other |
|
employees necessary for the efficient operation of the district. |
|
(Acts 64th Leg., R.S., Ch. 665, Sec. 12(e) (part).) |
|
Sec.1060.060.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
The board shall: |
|
(1) maintain all district records, including books, |
|
accounts, notices, minutes, and other matters of the district and |
|
its operation, at the district office; and |
|
(2) make those records available for public inspection |
|
at reasonable times. (Acts 64th Leg., R.S., Ch. 665, Sec. 12(b).) |
|
[Sections 1060.061-1060.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1060.101.DISTRICT RESPONSIBILITY. The district shall |
|
provide all necessary hospital and medical care for the district's |
|
needy inhabitants. (Acts 64th Leg., R.S., Ch. 665, Sec. 3 (part).) |
|
Sec. 1060.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision of this state, other |
|
than the district, may not impose a tax or issue bonds or other |
|
obligations to provide hospital service or medical care in the |
|
district. (Acts 64th Leg., R.S., Ch. 665, Sec. 3 (part).) |
|
Sec.1060.103.MANAGEMENT AND CONTROL OF DISTRICT. The |
|
board has full power to manage and control the district. (Acts 64th |
|
Leg., R.S., Ch. 665, Sec. 12(a) (part).) |
|
Sec.1060.104.HOSPITAL SYSTEM. The district has the |
|
responsibility to establish a hospital or hospital system within |
|
its boundaries to provide hospital and medical care to the |
|
district's residents. (Acts 64th Leg., R.S., Ch. 665, Sec. 3 |
|
(part).) |
|
Sec.1060.105.RULES. (a) The board shall adopt rules for |
|
the efficient operation of the district, including district |
|
facilities. |
|
(b) The board shall: |
|
(1) publish the rules in book form; and |
|
(2) provide copies to interested persons on request at |
|
district expense. (Acts 64th Leg., R.S., Ch. 665, Sec. 12(c).) |
|
Sec.1060.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe the method of making purchases and expenditures |
|
and the manner of accounting and control used by the district. |
|
(Acts 64th Leg., R.S., Ch. 665, Sec. 12(e) (part).) |
|
Sec.1060.107.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in real, personal, or mixed property located in |
|
district territory if the interest is necessary or convenient for |
|
the district to exercise a power or duty conferred on the district |
|
by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding, the district is not |
|
required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; or |
|
(2) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 64th Leg., R.S., Ch. 665, Sec. |
|
15.) |
|
Sec.1060.108.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board under the directions, limitations, or |
|
other provisions prescribed in writing by the donor that are not |
|
inconsistent with the proper management of the district. (Acts |
|
64th Leg., R.S., Ch. 665, Sec. 12(f).) |
|
Sec.1060.109.CONTRACTS FOR HOSPITAL AND MEDICAL CARE. |
|
The board may contract with another political subdivision to |
|
provide hospital and medical care for needy persons who reside |
|
outside the district. (Acts 64th Leg., R.S., Ch. 665, Sec. 12(g).) |
|
Sec.1060.110.PAYMENT FOR TREATMENT; PROCEDURES. (a) A |
|
person who resides in the district is entitled to receive necessary |
|
medical and hospital care regardless of whether the person has the |
|
ability to pay for the care and may apply to receive this care |
|
without cost. |
|
(b) The board or the district administrator shall employ a |
|
person to investigate the ability of the patient and any relative |
|
who is liable for the patient's support to pay for the medical and |
|
hospital care received by the patient. |
|
(c) If the investigator determines that the patient or |
|
relative legally liable for the patient's support cannot pay all or |
|
part of the costs of the patient's care, the expense of the care |
|
becomes a charge against the district. |
|
(d) If the patient or a relative legally liable for the |
|
patient's support can pay for all or part of the costs of the |
|
patient's care, the board shall order the patient or relative to pay |
|
the treasurer each week an amount specified in the order, which must |
|
be proportionate to the person's ability to pay. |
|
(e) The district may collect the amount from the patient's |
|
estate, or from any relative who is liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(f) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the investigator, the board shall hold a hearing and, |
|
after calling witnesses, shall: |
|
(1) determine the question; and |
|
(2) make the proper order based on the board's |
|
findings. |
|
(g) A party to the hearing who is not satisfied with the |
|
result of the order may appeal to the district court in the |
|
district. (Acts 64th Leg., R.S., Ch. 665, Sec. 14.) |
|
[Sections 1060.111-1060.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1060.151.BUDGET. The board shall prepare a budget |
|
that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections for the next |
|
fiscal year; and |
|
(3) the amount of taxes required to be imposed to meet |
|
the proposed budget. (Acts 64th Leg., R.S., Ch. 665, Sec. 13(b).) |
|
Sec.1060.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in the district not later than |
|
the 11th day before the date of the hearing. |
|
(c) Any person who owns taxable property in the district and |
|
has rendered that property for taxation is entitled to: |
|
(1) appear at the hearing; and |
|
(2) be heard regarding any item in the proposed |
|
budget. (Acts 64th Leg., R.S., Ch. 665, Secs. 13(c), (d).) |
|
Sec.1060.153.FISCAL YEAR. The district's fiscal year is |
|
from October 1 to September 30. (Acts 64th Leg., R.S., Ch. 665, |
|
Sec. 13(a).) |
|
Sec.1060.154.ANNUAL AUDIT. (a) The board annually shall |
|
require an independent audit of the district's books and records. |
|
(b) Not later than December 1 of each year, the board shall |
|
file a copy of the audit with: |
|
(1) the comptroller; and |
|
(2) the district. (Acts 64th Leg., R.S., Ch. 665, Sec. |
|
12(d).) |
|
Sec.1060.155.DEPOSITORY. (a) The board by resolution |
|
shall designate a bank in Menard County as the district's |
|
depository. A designated bank serves for two years until a |
|
successor is designated. |
|
(b) All district money shall be deposited in the district's |
|
depository and secured in the manner provided for securing county |
|
funds. (Acts 64th Leg., R.S., Ch. 665, Sec. 16.) |
|
[Sections 1060.156-1060.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1060.201.BONDS. The district may issue bonds to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings and improvements; and |
|
(2) equip buildings for hospital purposes. (Acts 64th |
|
Leg., R.S., Ch. 665, Secs. 9(a) (part), 10(a) (part).) |
|
Sec.1060.202.TAX TO PAY BONDS. The board may issue bonds |
|
under Section 1060.201 only if the board imposes an ad valorem tax |
|
at a rate sufficient to create an interest and sinking fund to pay |
|
the principal of and interest on the bonds as the bonds mature. |
|
(Acts 64th Leg., R.S., Ch. 665, Sec. 10(c).) |
|
Sec.1060.203.BOND ELECTION. (a) The board may issue |
|
bonds under Section 1060.201 only if the bonds are authorized by a |
|
majority of district voters voting in an election held for that |
|
purpose. The total face value of the bonds may not exceed the |
|
amount specified in the election order. |
|
(b) The board may order a bond election at any time. |
|
(c) The order calling the election must include: |
|
(1) the time of the election; |
|
(2) the location of the polling places; |
|
(3) the form of the ballots; |
|
(4) the presiding judge for each polling place; |
|
(5) the purpose of the bond issuance; |
|
(6) the amount of the bonds to be authorized; |
|
(7) the maximum interest rate of the bonds; and |
|
(8) the maximum maturity date of the bonds. |
|
(d) A substantial copy of the election order shall be |
|
published in a newspaper of general circulation in the district |
|
once a week for two consecutive weeks before the date of the |
|
election. The first notice must be published not later than the |
|
15th day before the date of the election. |
|
(e) A copy of the election results must be filed with the |
|
county clerk and become a public record. (Acts 64th Leg., R.S., Ch. |
|
665, Secs. 4(b), (c), (d) (part); 9(a) (part), (b), (d); 10(a) |
|
(part).) |
|
Sec.1060.204.MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after the date of issuance. (Acts |
|
64th Leg., R.S., Ch. 665, Sec. 9(c).) |
|
Sec.1060.205.EXECUTION OF BONDS. (a) The board president |
|
shall execute the district's bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
64th Leg., R.S., Ch. 665, Sec. 10(b) (part).) |
|
[Sections 1060.206-1060.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1060.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The tax may be used only to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued under this chapter; |
|
(2) provide for the operation and maintenance of the |
|
district and hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; or |
|
(4) acquire sites for additions to the hospital |
|
system. (Acts 64th Leg., R.S., Ch. 665, Secs. 8(a) (part), (c).) |
|
Sec.1060.252.TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 64th Leg., R.S., Ch. 665, Sec. 8(a) |
|
(part).) |
|
Sec.1060.253.TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector of Menard County shall collect taxes for the |
|
district. (Acts 64th Leg., R.S., Ch. 665, Sec. 8(d) (part).) |
|
CHAPTER 1062. MITCHELL COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1062.001. DEFINITIONS |
|
Sec. 1062.002. AUTHORITY FOR OPERATION |
|
Sec. 1062.003. DISTRICT TERRITORY |
|
Sec. 1062.004. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1062.005. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1062.006-1062.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1062.051. BOARD ELECTION; TERM |
|
Sec. 1062.052. NOTICE OF ELECTION |
|
Sec. 1062.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1062.054. BOARD VACANCY |
|
Sec. 1062.055. OFFICERS |
|
Sec. 1062.056. COMPENSATION; EXPENSES |
|
Sec. 1062.057. VOTING REQUIREMENT |
|
Sec. 1062.058. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1062.059. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1062.060. APPOINTMENT AND RECRUITMENT OF STAFF |
|
AND EMPLOYEES |
|
Sec. 1062.061. PERSONNEL CONTRACTS |
|
Sec. 1062.062. EDUCATIONAL PROGRAMS; COURSES |
|
Sec. 1062.063. RETIREMENT BENEFITS |
|
[Sections 1062.064-1062.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1062.101. DISTRICT RESPONSIBILITY |
|
Sec. 1062.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1062.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1062.104. HOSPITAL SYSTEM |
|
Sec. 1062.105. RULES |
|
Sec. 1062.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1062.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1062.108. EMINENT DOMAIN |
|
Sec. 1062.109. GIFTS AND ENDOWMENTS |
|
Sec. 1062.110. CONSTRUCTION CONTRACTS |
|
Sec. 1062.111. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1062.112. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1062.113. NONPROFIT CORPORATION |
|
Sec. 1062.114. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1062.115-1062.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1062.151. BUDGET |
|
Sec. 1062.152. NOTICE; HEARING; APPROVAL OF BUDGET |
|
Sec. 1062.153. AMENDMENTS TO BUDGET |
|
Sec. 1062.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1062.155. FISCAL YEAR |
|
Sec. 1062.156. ANNUAL AUDIT |
|
Sec. 1062.157. INSPECTION OF ANNUAL AUDIT AND |
|
DISTRICT RECORDS |
|
Sec. 1062.158. FINANCIAL REPORT |
|
Sec. 1062.159. DEPOSITORY |
|
Sec. 1062.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
Sec. 1062.161. GENERAL AUTHORITY TO BORROW MONEY; |
|
SECURITY |
|
Sec. 1062.162. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
|
SECURITY |
|
[Sections 1062.163-1062.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1062.201. GENERAL OBLIGATION BONDS |
|
Sec. 1062.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1062.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1062.204. REVENUE BONDS |
|
Sec. 1062.205. MATURITY OF BONDS |
|
Sec. 1062.206. EXECUTION OF BONDS |
|
[Sections 1062.207-1062.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1062.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1062.252. TAX RATE |
|
Sec. 1062.253. TAX ASSESSOR-COLLECTOR |
|
[Sections 1062.254-1062.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1062.301. DISSOLUTION; ELECTION |
|
Sec. 1062.302. NOTICE OF ELECTION |
|
Sec. 1062.303. BALLOT |
|
Sec. 1062.304. ELECTION RESULTS |
|
Sec. 1062.305. TRANSFER, SALE, OR ADMINISTRATION OF |
|
ASSETS |
|
Sec. 1062.306. SALE OR TRANSFER OF ASSETS AND |
|
LIABILITIES |
|
Sec. 1062.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES |
|
Sec. 1062.308. REPORT; DISSOLUTION ORDER |
|
CHAPTER 1062. MITCHELL COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1062.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Mitchell County Hospital |
|
District. (Acts 60th Leg., R.S., Ch. 466, Sec. 1a(a) (part); New.) |
|
Sec.1062.002.AUTHORITY FOR OPERATION. The district |
|
operates in accordance with Section 9, Article IX, Texas |
|
Constitution, and has the rights, powers, and duties provided by |
|
this chapter. (Acts 60th Leg., R.S., Ch. 466, Sec. 1 (part).) |
|
Sec.1062.003.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of: |
|
(1) Commissioners Precincts Nos. 1, 2, and 3 of |
|
Mitchell County, Texas, as those boundaries existed on January 1, |
|
1967; and |
|
(2) Commissioners Precinct No. 4 of Mitchell County, |
|
Texas, as those boundaries existed on January 1, 1973. (Acts 60th |
|
Leg., R.S., Ch. 466, Secs. 1 (part), 1a(a) (part).) |
|
Sec. 1062.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 60th |
|
Leg., R.S., Ch. 466, Sec. 20 (part).) |
|
Sec.1062.005.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 60th Leg., R.S., Ch. 466, Sec. 20 (part).) |
|
[Sections 1062.006-1062.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1062.051.BOARD ELECTION; TERM. (a) The board |
|
consists of seven directors elected from the district at large. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; and |
|
(2) an election shall be held on the uniform election |
|
date in May of each year to elect the appropriate number of |
|
directors. |
|
(c) The election order must state the time, place, and |
|
purpose of the election. (Acts 60th Leg., R.S., Ch. 466, Secs. 4(a) |
|
(part), (b) (part), (e) (part).) |
|
Sec.1062.052.NOTICE OF ELECTION. At least 10 days before |
|
the date of an election of directors, notice of the election shall |
|
be published one time in a newspaper of general circulation in the |
|
district. (Acts 60th Leg., R.S., Ch. 466, Sec. 4(e) (part).) |
|
Sec.1062.053.QUALIFICATIONS FOR OFFICE. (a) To be |
|
qualified for election to the board, a person must be: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A district employee may not serve as a director. (Acts |
|
60th Leg., R.S., Ch. 466, Sec. 4(c) (part).) |
|
Sec.1062.054.BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of director, the remaining directors by majority vote |
|
shall elect a director to hold office for the remainder of the |
|
unexpired term. |
|
(b) If the number of directors is reduced to fewer than four |
|
for any reason, the remaining directors shall immediately call a |
|
special election to fill the vacancies. If the remaining directors |
|
do not call the election, a district court, on application of a |
|
qualified voter or taxpayer of the district, may order the |
|
directors to hold the election. (Acts 60th Leg., R.S., Ch. 466, |
|
Sec. 4(d) (part).) |
|
Sec.1062.055.OFFICERS. (a) The board shall elect a |
|
president and a vice president from among its members. |
|
(b) The board shall elect a person, who is not required to be |
|
a director, to serve as secretary and treasurer. |
|
(c) Each officer of the board serves for a term of one year. |
|
(Acts 60th Leg., R.S., Ch. 466, Sec. 4(d) (part).) |
|
Sec.1062.056.COMPENSATION; EXPENSES. A director is not |
|
entitled to compensation but is entitled to reimbursement for |
|
actual expenses incurred in attending to district business. The |
|
expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the remainder of the board. (Acts 60th |
|
Leg., R.S., Ch. 466, Sec. 4(c) (part).) |
|
Sec.1062.057.VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 60th Leg., R.S., Ch. 466, Sec. 4(d) (part).) |
|
Sec. 1062.058. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
district administrator. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The district administrator and any assistant |
|
administrator serve at the will of the board and are entitled to the |
|
compensation determined by the board. |
|
(d) The board may require the district administrator, on |
|
assuming the administrator's duties, to execute a bond payable to |
|
the district in an amount set by the board of not less than $5,000 |
|
that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(e) The board may pay for the bond with district money. |
|
(Acts 60th Leg., R.S., Ch. 466, Sec. 5(a) (part).) |
|
Sec.1062.059.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 60th |
|
Leg., R.S., Ch. 466, Sec. 5(a) (part).) |
|
Sec. 1062.060. APPOINTMENT AND RECRUITMENT OF STAFF AND |
|
EMPLOYEES. (a) The board may appoint to the staff or may employ any |
|
doctors, technicians, nurses, and other employees the board |
|
considers necessary for the efficient operation of the district. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys the board considers proper. |
|
(c) The board may provide that the district administrator |
|
has the authority to hire district employees, including technicians |
|
and nurses. |
|
(d) The board may spend district money to recruit |
|
physicians, nurses, and other trained medical personnel. (Acts |
|
60th Leg., R.S., Ch. 466, Secs. 5(a) (part), (d), 16.) |
|
Sec.1062.061.PERSONNEL CONTRACTS. (a) The board may |
|
contract to provide administrative and other personnel for the |
|
operation of the hospital facilities. |
|
(b) The term of the contract may not exceed 25 years from |
|
the date the contract is entered. (Acts 60th Leg., R.S., Ch. 466, |
|
Sec. 9(c) (part).) |
|
Sec.1062.062.EDUCATIONAL PROGRAMS; COURSES. The board |
|
may provide or contract to provide educational programs or courses |
|
for district employees and medical staff. (Acts 60th Leg., R.S., |
|
Ch. 466, Sec. 5(f).) |
|
Sec.1062.063.RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in a statewide retirement system. |
|
(Acts 60th Leg., R.S., Ch. 466, Sec. 5(c).) |
|
[Sections 1062.064-1062.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1062.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating all hospital facilities for |
|
providing medical and hospital care for the district's needy |
|
inhabitants. (Acts 60th Leg., R.S., Ch. 466, Sec. 19 (part).) |
|
Sec. 1062.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located within the |
|
district may not impose a tax or issue bonds or other obligations |
|
for hospital purposes or to provide medical care. (Acts 60th Leg., |
|
R.S., Ch. 466, Sec. 19 (part).) |
|
Sec.1062.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the district's |
|
hospitals and hospital system. (Acts 60th Leg., R.S., Ch. 466, Sec. |
|
5(a) (part).) |
|
Sec.1062.104.HOSPITAL SYSTEM. The district shall provide |
|
for the establishment of a hospital system by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and equipment; |
|
(2) equipping the buildings; and |
|
(3) administering the buildings and equipment for |
|
hospital purposes. (Acts 60th Leg., R.S., Ch. 466, Sec. 2 (part).) |
|
Sec.1062.105.RULES. The board may adopt rules for the |
|
operation of the district. (Acts 60th Leg., R.S., Ch. 466, Sec. |
|
5(a) (part).) |
|
Sec.1062.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 60th |
|
Leg., R.S., Ch. 466, Sec. 10 (part).) |
|
Sec. 1062.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system. Nothing here prohibits the establishing and equipping of a |
|
clinic as a part of the hospital system. |
|
(b) The board may: |
|
(1) purchase or lease property, including facilities |
|
and equipment, for the district to use in the hospital system; and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(c) The board may lease district hospital facilities to |
|
individuals, corporations, or other legal entities. |
|
(d) The board may sell or otherwise dispose of the |
|
district's property, including facilities and equipment. |
|
(e) The district may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the property as |
|
security for the payment of the purchase price. A contract entered |
|
into under this subsection must provide that the entire obligation |
|
be retired not later than the fifth anniversary of the date of the |
|
contract. (Acts 60th Leg., R.S., Ch. 466, Secs. 9(a), (b), (c) |
|
(part), 10 (part).) |
|
Sec.1062.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary or convenient for the |
|
district to exercise a power, right, or privilege conferred by this |
|
chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 60th Leg., R.S., Ch. 466, Sec. |
|
14.) |
|
Sec.1062.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 60th Leg., R.S., Ch. 466, |
|
Sec. 18.) |
|
Sec.1062.110.CONSTRUCTION CONTRACTS. The board may |
|
contract for construction only after competitive bidding as |
|
provided by Subchapter B, Chapter 271, Local Government Code. |
|
(Acts 60th Leg., R.S., Ch. 466, Sec. 10 (part).) |
|
Sec. 1062.111. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries for the care |
|
and treatment of a sick or injured person of that county or |
|
municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for the treatment of a sick or injured person. (Acts 60th |
|
Leg., R.S., Ch. 466, Sec. 5(b).) |
|
Sec.1062.112.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the financial circumstances of: |
|
(1) the patient; and |
|
(2) a relative of the patient who is legally |
|
responsible for the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or relative cannot pay all or part of the costs of the |
|
patient's care and treatment in the hospital, the amount of the |
|
costs that cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or relative can pay for all or part of the costs of the care |
|
and treatment provided to the patient by the district, the patient |
|
or relative shall be ordered to pay the district a specified amount |
|
each week for the patient's care and support. The amount ordered |
|
must be proportionate to the person's financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally |
|
responsible for the patient's support, in the manner provided by |
|
law for the collection of expenses of the last illness of a deceased |
|
person. |
|
(e) The board may institute a suit to collect an amount owed |
|
to the district by a patient who is not able to pay under this |
|
section. |
|
(f) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator concerning the ability to |
|
pay, the board shall hold a hearing and, after calling witnesses, |
|
shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(g) A final order of the board may be appealed to the |
|
district court. (Acts 60th Leg., R.S., Ch. 466, Secs. 5(g), 17.) |
|
Sec.1062.113.NONPROFIT CORPORATION. (a) The district |
|
may create and sponsor a nonprofit corporation under the Business |
|
Organizations Code and may contribute money to or solicit money for |
|
the corporation. |
|
(a-1) On or before December 31, 2009, the district may |
|
create and sponsor a nonprofit corporation under the Texas |
|
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's |
|
Texas Civil Statutes) or the Business Organizations Code, as |
|
applicable, and may contribute money to or solicit money for the |
|
corporation. |
|
(b) The corporation may use district money only to provide |
|
health care or other services the district is authorized to provide |
|
under this chapter. |
|
(c) The corporation may invest the corporation's money in |
|
any manner in which the district may invest the district's money, |
|
including investing money as authorized by Chapter 2256, Government |
|
Code. |
|
(d) The board shall establish controls to ensure that the |
|
corporation uses its money as required by this section. |
|
(e) This subsection and Subsection (a-1) expire December |
|
31, 2009. (Acts 60th Leg., R.S., Ch. 466, Sec. 5(h).) |
|
Sec.1062.114.AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 60th Leg., R.S., Ch. |
|
466, Sec. 5(a) (part).) |
|
[Sections 1062.115-1062.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1062.151.BUDGET. The district administrator shall |
|
prepare an annual budget for approval by the board. (Acts 60th |
|
Leg., R.S., Ch. 466, Sec. 6 (part).) |
|
Sec.1062.152.NOTICE; HEARING; APPROVAL OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) At least 10 days before the date of the hearing, notice |
|
of the hearing must be published one time in a newspaper of general |
|
circulation in the district. |
|
(c) The annual budget must be approved by the board. (Acts |
|
60th Leg., R.S., Ch. 466, Sec. 6 (part).) |
|
Sec.1062.153.AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 60th Leg., R.S., Ch. 466, Sec. 6 (part).) |
|
Sec.1062.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 60th Leg., R.S., Ch. 466, Sec. 6 (part).) |
|
Sec.1062.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) if revenue bonds of the district are outstanding; |
|
or |
|
(2) more than once in a 24-month period. (Acts 60th |
|
Leg., R.S., Ch. 466, Sec. 6 (part).) |
|
Sec.1062.156.ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 60th |
|
Leg., R.S., Ch. 466, Sec. 6 (part).) |
|
Sec. 1062.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records shall be open |
|
to inspection at the district's principal office. (Acts 60th Leg., |
|
R.S., Ch. 466, Sec. 6 (part).) |
|
Sec.1062.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 60th Leg., R.S., Ch. 466, Sec. 6 (part).) |
|
Sec.1062.159.DEPOSITORY. (a) The board shall select one |
|
or more banks to serve as a depository for district money. |
|
(b) District money shall be immediately deposited on |
|
receipt with a depository bank, except that sufficient money must |
|
be remitted to the place or places designated as agent for the |
|
payment of principal of and interest on the district's outstanding |
|
bonds or other obligations in time for the agent to make that |
|
payment on or before the maturity date of the principal and |
|
interest. |
|
(c) To the extent that money in a depository bank is not |
|
insured by the Federal Deposit Insurance Corporation, the money |
|
must be secured in the manner provided by law for the security of |
|
county funds. |
|
(d) Membership on the district's board of an officer or |
|
director of a bank does not disqualify the bank from being |
|
designated as a depository bank. (Acts 60th Leg., R.S., Ch. 466, |
|
Sec. 11.) |
|
Sec.1062.160.SPENDING AND INVESTMENT RESTRICTIONS. |
|
Except as otherwise provided by Section 1062.107(e) and by |
|
Subchapter E, the district may not incur an obligation payable from |
|
district revenue other than the revenue on hand or to be on hand in |
|
the current district fiscal year. (Acts 60th Leg., R.S., Ch. 466, |
|
Sec. 10 (part).) |
|
Sec.1062.161.GENERAL AUTHORITY TO BORROW MONEY; SECURITY. |
|
(a) The board may borrow money at a rate not to exceed the maximum |
|
annual percentage rate allowed by law for district obligations at |
|
the time the loan is made. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) tax revenue to be collected by the district in the |
|
next 12-month period that is not pledged to pay the principal of or |
|
interest on district bonds; or |
|
(3) district bonds that have been authorized but not |
|
sold. |
|
(c) A loan for which tax revenue or bonds are pledged must |
|
mature not later than the first anniversary of the date the loan is |
|
made. A loan for which other district revenue is pledged must |
|
mature not later than the fifth anniversary of the date the loan is |
|
made. (Acts 60th Leg., R.S., Ch. 466, Sec. 20B.) |
|
Sec. 1062.162. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
|
SECURITY. (a) The board may borrow money at a rate not to exceed |
|
the maximum annual percentage rate allowed by law for district |
|
obligations at the time the loan is made if the board determines |
|
that: |
|
(1) money is not available to meet authorized |
|
obligations of the district; and |
|
(2) an emergency exists. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) tax revenue to be collected by the district in the |
|
next 12-month period that is not pledged to pay the principal of or |
|
interest on district bonds; or |
|
(3) district bonds that have been authorized but not |
|
sold. |
|
(c) A loan for which tax revenue or bonds are pledged must |
|
mature not later than the first anniversary of the date the loan is |
|
made. A loan for which other district revenue is pledged must |
|
mature not later than the fifth anniversary of the date the loan is |
|
made. |
|
(d) The board may not spend money obtained from a loan under |
|
this section for any purpose other than: |
|
(1) the purpose for which the board declared an |
|
emergency; and |
|
(2) if district tax revenue or bonds are pledged to pay |
|
the loan, the purpose for which the pledged taxes were imposed or |
|
the pledged bonds were authorized. (Acts 60th Leg., R.S., Ch. 466, |
|
Sec. 20A.) |
|
[Sections 1062.163-1062.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1062.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds authorized by an election |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements for hospital |
|
purposes; or |
|
(3) acquire and operate a mobile emergency medical or |
|
air ambulance service. (Acts 60th Leg., R.S., Ch. 466, Sec. 7(a).) |
|
Sec.1062.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1062.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 60th Leg., R.S., Ch. 466, Sec. 7(b).) |
|
Sec.1062.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order a bond election. |
|
(c) The election shall be conducted as provided by Chapter |
|
1251, Government Code. (Acts 60th Leg., R.S., Ch. 466, Secs. 7(c), |
|
(d).) |
|
Sec.1062.204.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; |
|
(2) acquire sites to be used for hospital purposes; or |
|
(3) acquire and operate a mobile emergency medical or |
|
air ambulance service to assist the district in carrying out its |
|
hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(Acts 60th Leg., R.S., Ch. 466, Sec. 7A.) |
|
Sec.1062.205.MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after the date of issuance. (Acts |
|
60th Leg., R.S., Ch. 466, Sec. 7C (part).) |
|
Sec.1062.206.EXECUTION OF BONDS. (a) The board president |
|
shall execute the district's bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 60th Leg., |
|
R.S., Ch. 466, Sec. 7C (part).) |
|
[Sections 1062.207-1062.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1062.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all property in the district subject to district |
|
taxation. |
|
(b) The board shall impose the tax to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The board may not impose a tax to pay the principal of or |
|
interest on revenue bonds. (Acts 60th Leg., R.S., Ch. 466, Secs. 12 |
|
(part), 15 (part).) |
|
Sec.1062.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters at the |
|
election authorizing the imposition of the tax. |
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
each $100 valuation of all taxable property in the district. |
|
(c) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 60th |
|
Leg., R.S., Ch. 466, Secs. 12 (part), 15 (part).) |
|
Sec.1062.253.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 60th Leg., R.S., Ch. 466, Sec. 15 |
|
(part).) |
|
[Sections 1062.254-1062.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec.1062.301.DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved only on approval of a majority of the district |
|
voters voting in an election 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. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 15 |
|
percent of the registered voters of the district. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition 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. |
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 60th Leg., R.S., Ch. |
|
466, Secs. 20C(a), (b), (c) (part).) |
|
Sec.1062.302.NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks a copy of the election order in a |
|
newspaper with general circulation in the district. |
|
(b) The first publication of the notice must appear on or |
|
before the 35th day before the date set for the election. (Acts |
|
60th Leg., R.S., Ch. 466, Sec. 20C(d) (part).) |
|
Sec.1062.303.BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Mitchell County Hospital |
|
District." (Acts 60th Leg., R.S., Ch. 466, Sec. 20C(d) (part).) |
|
Sec.1062.304.ELECTION RESULTS. (a) If a majority of the |
|
votes in an election under this subchapter favor dissolution, the |
|
board shall find that the district is dissolved. |
|
(b) 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 date of the most recent election |
|
to dissolve the district. (Acts 60th Leg., R.S., Ch. 466, Sec. |
|
20C(e).) |
|
Sec.1062.305.TRANSFER, SALE, OR ADMINISTRATION OF ASSETS. |
|
(a) If a majority of the votes in the election held under this |
|
subchapter favor dissolution, the board shall: |
|
(1) transfer the land, buildings, improvements, |
|
equipment, and other assets that belong to the district to a county |
|
or to another governmental entity in Mitchell 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 board makes the transfer under Subsection (a)(1), |
|
the county or entity assumes all debts and obligations of the |
|
district at the time of the transfer, and the district is dissolved. |
|
(c) If Subsections (a)(1) and (2) do not apply and the board |
|
administers the property, assets, and debts of the district under |
|
Subsection (a)(3), the district is dissolved when all money has |
|
been disposed of and all district debts have been paid or settled. |
|
(Acts 60th Leg., R.S., Ch. 466, Secs. 20C(f), (g), (m) (part).) |
|
Sec.1062.306.SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
(a) The dissolution of the district and the sale or transfer of the |
|
district's assets and liabilities to another person may not |
|
contravene a trust indenture or bond resolution relating to the |
|
district's outstanding bonds. The dissolution and sale or transfer |
|
does not diminish or impair the rights of a holder of an outstanding |
|
bond, warrant, or other obligation of the district. |
|
(b) The 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 district |
|
residents, including the residents' collective property rights in |
|
the district's assets. |
|
(c) The district may not transfer or dispose of the |
|
district's assets except for due compensation unless: |
|
(1) the transfer is made to another governmental |
|
entity that serves the district; and |
|
(2) the transferred assets are to be used for the |
|
benefit of the district's residents. |
|
(d) A grant from federal funds is an obligation to be repaid |
|
in satisfaction. (Acts 60th Leg., R.S., Ch. 466, Secs. 20C(m) |
|
(part), (n).) |
|
Sec. 1062.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES. (a) After the board finds that the district is dissolved, |
|
the board shall: |
|
(1) determine the 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. |
|
(b) On the payment of all outstanding debts and obligations |
|
of the district, the board shall order the person serving as |
|
secretary and treasurer to return to each district taxpayer the |
|
taxpayer's pro rata share of all unused tax money. |
|
(c) 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 person |
|
serving as secretary and treasurer to transmit the money to the |
|
county tax assessor-collector. (Acts 60th Leg., R.S., Ch. 466, |
|
Secs. 20C(h), (i), (j).) |
|
Sec.1062.308.REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all district debts and has disposed of all |
|
district money and other assets as prescribed by this subchapter, |
|
the board shall file a written report with the Commissioners Court |
|
of Mitchell County summarizing the board's actions in dissolving |
|
the district. |
|
(b) Not later than the 10th day after the date the |
|
Commissioners Court of Mitchell County receives the report and |
|
determines that the requirements of this subchapter have been |
|
fulfilled, the commissioners court shall enter an order dissolving |
|
the district and releasing the board from any further duty or |
|
obligation. (Acts 60th Leg., R.S., Ch. 466, Secs. 20C(k), (l).) |
|
CHAPTER 1065. MOTLEY COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1065.001. DEFINITIONS |
|
Sec. 1065.002. AUTHORITY FOR OPERATION |
|
Sec. 1065.003. POLITICAL SUBDIVISION |
|
Sec. 1065.004. DISTRICT TERRITORY |
|
Sec. 1065.005. CORRECTION OF INVALID PROCEDURES |
|
[Sections 1065.006-1065.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1065.051. BOARD ELECTION; TERM |
|
Sec. 1065.052. NOTICE OF ELECTION |
|
Sec. 1065.053. BALLOT PETITION |
|
Sec. 1065.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1065.055. BOND NOT REQUIRED |
|
Sec. 1065.056. BOARD VACANCY |
|
Sec. 1065.057. OFFICERS |
|
Sec. 1065.058. COMPENSATION; EXPENSES |
|
Sec. 1065.059. VOTING REQUIREMENT |
|
Sec. 1065.060. EMPLOYEES |
|
Sec. 1065.061. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1065.062. SEAL |
|
[Sections 1065.063-1065.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1065.101. DISTRICT RESPONSIBILITY |
|
Sec. 1065.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION |
|
Sec. 1065.103. MANAGEMENT AND CONTROL |
|
Sec. 1065.104. HOSPITAL SYSTEM |
|
Sec. 1065.105. RULES |
|
Sec. 1065.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1065.107. DISTRICT PROPERTY AND FACILITIES |
|
Sec. 1065.108. EMINENT DOMAIN |
|
Sec. 1065.109. GIFTS AND ENDOWMENTS |
|
Sec. 1065.110. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1065.111. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1065.112. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1065.113-1065.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1065.151. BUDGET |
|
Sec. 1065.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1065.153. FISCAL YEAR |
|
Sec. 1065.154. ANNUAL AUDIT |
|
Sec. 1065.155. DEPOSITORY OR TREASURER |
|
[Sections 1065.156-1065.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1065.201. GENERAL OBLIGATION BONDS |
|
Sec. 1065.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1065.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1065.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1065.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1065.206. REVENUE OR SPECIAL OBLIGATION BONDS |
|
Sec. 1065.207. CHARGES FOR SERVICES RENDERED |
|
[Sections 1065.208-1065.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1065.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1065.252. TAX RATE |
|
Sec. 1065.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1065. MOTLEY COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1065.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Motley County Hospital |
|
District. (New.) |
|
Sec.1065.002.AUTHORITY FOR OPERATION. The district |
|
operates in accordance with Section 9, Article IX, Texas |
|
Constitution. The district has the rights, powers, and duties |
|
provided by this chapter. (Acts 59th Leg., R.S., Ch. 465, Sec. 1 |
|
(part).) |
|
Sec.1065.003.POLITICAL SUBDIVISION. The district is a |
|
political subdivision of this state. (Acts 59th Leg., R.S., Ch. |
|
465, Sec. 18 (part).) |
|
Sec.1065.004.DISTRICT TERRITORY. The boundaries of the |
|
district are identical with the boundaries of Motley County, Texas. |
|
(Acts 59th Leg., R.S., Ch. 465, Sec. 1 (part).) |
|
Sec.1065.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 59th Leg., R.S., Ch. 465, Sec. 19 (part).) |
|
[Sections 1065.006-1065.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1065.051.BOARD ELECTION; TERM. (a) The board |
|
consists of five directors elected from the district at large. |
|
(b) Directors serve staggered two-year terms unless |
|
four-year terms are established under Section 285.081, Health and |
|
Safety Code. (Acts 59th Leg., R.S., Ch. 465, Sec. 3 (part).) |
|
Sec.1065.052.NOTICE OF ELECTION. At least 10 days before |
|
the date of an election of directors, notice of the election shall |
|
be published one time in a newspaper of general circulation in |
|
Motley County. (Acts 59th Leg., R.S., Ch. 465, Sec. 3 (part).) |
|
Sec.1065.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by not less than five registered voters; |
|
and |
|
(2) filed at least 25 days before the date of the |
|
election. (Acts 59th Leg., R.S., Ch. 465, Sec. 3 (part).) |
|
Sec.1065.054.QUALIFICATIONS FOR OFFICE. A director must: |
|
(1) be a district resident; |
|
(2) own land in the district subject to taxation; and |
|
(3) be at least 18 years of age when appointed or |
|
elected. (Acts 59th Leg., R.S., Ch. 465, Sec. 3 (part).) |
|
Sec.1065.055.BOND NOT REQUIRED. A director is not |
|
required to post a public official's bond. (Acts 59th Leg., R.S., |
|
Ch. 465, Sec. 3 (part).) |
|
Sec.1065.056.BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of director, the remaining directors shall appoint a |
|
director for the unexpired term. |
|
(b) If the number of directors is reduced to fewer than |
|
three for any reason, the remaining directors shall immediately |
|
call a special election to fill the vacancies. If the remaining |
|
directors do not call the election, a district court, on |
|
application of a district voter or taxpayer, may order the |
|
directors to hold the election. (Acts 59th Leg., R.S., Ch. 465, |
|
Sec. 3 (part).) |
|
Sec.1065.057.OFFICERS. The board shall elect from among |
|
its members a president and a secretary. (Acts 59th Leg., R.S., Ch. |
|
465, Sec. 3 (part).) |
|
Sec.1065.058.COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in the performance of official duties on approval of the |
|
expenses by the board. (Acts 59th Leg., R.S., Ch. 465, Sec. 4 |
|
(part).) |
|
Sec.1065.059.VOTING REQUIREMENT. A concurrence of three |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 59th Leg., R.S., Ch. 465, Sec. 3 (part).) |
|
Sec.1065.060.EMPLOYEES. The board may employ a general |
|
manager, attorney, bookkeeper, and architect and any other |
|
employees considered necessary for the efficient operation of the |
|
district. (Acts 59th Leg., R.S., Ch. 465, Sec. 8 (part).) |
|
Sec.1065.061.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
All district records, including books, accounts, notices, minutes, |
|
and all other matters of the district and the operation of its |
|
facilities, shall be: |
|
(1) maintained at the district office; and |
|
(2) open to public inspection at the district office |
|
at all reasonable hours. (Acts 59th Leg., R.S., Ch. 465, Sec. 8 |
|
(part).) |
|
Sec.1065.062.SEAL. The board may adopt a seal for the |
|
district. (Acts 59th Leg., R.S., Ch. 465, Sec. 8 (part).) |
|
[Sections 1065.063-1065.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1065.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy inhabitants and for the district's needy and |
|
indigent residents. (Acts 59th Leg., R.S., Ch. 465, Secs. 2 (part), |
|
14 (part).) |
|
Sec. 1065.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION. Motley County or a municipality in the district may not |
|
impose a tax on property in the district for hospital purposes. |
|
(Acts 59th Leg., R.S., Ch. 465, Sec. 14 (part).) |
|
Sec.1065.103.MANAGEMENT AND CONTROL. The management and |
|
control of the district are vested in the board. (Acts 59th Leg., |
|
R.S., Ch. 465, Sec. 4 (part).) |
|
Sec.1065.104.HOSPITAL SYSTEM. The district shall provide |
|
for the establishment of a hospital system to provide medical and |
|
hospital care to the district's residents by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and improvements; |
|
(2) equipping the buildings and improvements; and |
|
(3) administering the buildings and improvements for |
|
hospital purposes. (Acts 59th Leg., R.S., Ch. 465, Sec. 2 (part).) |
|
Sec.1065.105.RULES. (a) The board may adopt rules |
|
governing the operation of the district, including district |
|
facilities. |
|
(b) On approval by the board, the rules may be published in |
|
booklet form at district expense and made available to any taxpayer |
|
on request. (Acts 59th Leg., R.S., Ch. 465, Sec. 8 (part).) |
|
Sec.1065.106.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
The board may prescribe the method and manner of making purchases |
|
and expenditures by and for the district. |
|
(b) The board shall prescribe: |
|
(1) all accounting and control procedures; and |
|
(2) the method of purchasing necessary supplies, |
|
materials, and equipment. (Acts 59th Leg., R.S., Ch. 465, Sec. 8 |
|
(part).) |
|
Sec.1065.107.DISTRICT PROPERTY AND FACILITIES. (a) The |
|
board shall determine the type, number, and location of buildings |
|
required to maintain an adequate hospital system. Nothing here |
|
prohibits the establishing and equipping of a clinic as part of the |
|
hospital system. |
|
(b) The board may lease all or part of the district's |
|
buildings and other facilities on terms considered to be in the best |
|
interest of the district's inhabitants. The term of the lease may |
|
not exceed 25 years. (Acts 59th Leg., R.S., Ch. 465, Sec. 7 |
|
(part).) |
|
Sec.1065.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the property interest is necessary or convenient for |
|
the district to exercise a right, power, privilege, or function |
|
conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 59th Leg., R.S., Ch. 465, Sec. |
|
11.) |
|
Sec.1065.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 59th Leg., R.S., Ch. 465, |
|
Sec. 16.) |
|
Sec.1065.110.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 59th Leg., R.S., Ch. 465, Sec. 7 |
|
(part).) |
|
Sec.1065.111.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the board shall have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If an agent designated by the district to handle the |
|
inquiry determines that the patient or those relatives cannot pay |
|
all or part of the costs of the care and treatment in the hospital, |
|
the amount of the costs that cannot be paid becomes a charge against |
|
the district. |
|
(c) If the board determines that the patient or those |
|
relatives are liable to pay for all or part of the costs of the |
|
patient's care and treatment, the patient or those relatives shall |
|
be ordered to pay to the district's treasurer a specified amount |
|
each week for the patient's support. The amount ordered must be |
|
proportionate to the person's financial ability and may not exceed |
|
the actual per capita cost of maintenance. |
|
(d) The district may collect the amount from the patient's |
|
estate, or from any relative who is legally liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district's designated agent, the board shall hold |
|
a hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue an appropriate order. |
|
(f) The order may be appealed to the district court. (Acts |
|
59th Leg., R.S., Ch. 465, Sec. 15.) |
|
Sec.1065.112.AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district may sue and be sued in its own |
|
name in any court of this state. (Acts 59th Leg., R.S., Ch. 465, |
|
Sec. 18 (part).) |
|
[Sections 1065.113-1065.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1065.151.BUDGET. The board annually shall require a |
|
budget to be prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 59th Leg., R.S., Ch. 465, Sec. 9 (part).) |
|
Sec.1065.152.PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in Motley County not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district taxpayer is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. (Acts 59th Leg., R.S., Ch. 465, Sec. 9 (part).) |
|
Sec.1065.153.FISCAL YEAR. The district operates on a |
|
fiscal year that begins on October 1 and ends on September 30. |
|
(Acts 59th Leg., R.S., Ch. 465, Sec. 9 (part).) |
|
Sec.1065.154.ANNUAL AUDIT. The board annually shall have |
|
an independent audit made of the district's books and records. |
|
(Acts 59th Leg., R.S., Ch. 465, Sec. 9 (part).) |
|
Sec.1065.155.DEPOSITORY OR TREASURER. (a) The board by |
|
resolution shall designate a bank or banks in Motley County as the |
|
district's depository or treasurer. A designated bank serves for |
|
two years and until a successor is designated. |
|
(b) All district money shall be secured in the manner |
|
provided for securing county funds. (Acts 59th Leg., R.S., Ch. 465, |
|
Sec. 12.) |
|
[Sections 1065.156-1065.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1065.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 59th Leg., R.S., Ch. 465, Sec. 6 (part).) |
|
Sec.1065.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
The board shall impose an ad valorem tax at a rate sufficient to |
|
create an interest and sinking fund to pay the principal of and |
|
interest on general obligation bonds issued under Section 1065.201 |
|
as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of taxable property in the district. |
|
(Acts 59th Leg., R.S., Ch. 465, Sec. 6 (part).) |
|
Sec.1065.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election. |
|
(b) The board may call the election on its own motion. |
|
(c) The order calling the election must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding election officers; |
|
(4) the purpose of the bond issuance; |
|
(5) the amount of the bonds to be authorized; |
|
(6) the maximum interest rate of the bonds; and |
|
(7) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the order calling the election in a newspaper of |
|
general circulation in Motley County once each week for two |
|
consecutive weeks before the date of the election. The first |
|
publication must occur at least 14 days before the date of the |
|
election. (Acts 59th Leg., R.S., Ch. 465, Sec. 6 (part).) |
|
Sec.1065.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 59th Leg., R.S., Ch. 465, |
|
Sec. 6 (part).) |
|
Sec.1065.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
59th Leg., R.S., Ch. 465, Sec. 6 (part).) |
|
Sec.1065.206.REVENUE OR SPECIAL OBLIGATION BONDS. (a) |
|
The board may issue and sell revenue or special obligation bonds for |
|
the purposes provided by Section 1065.201. |
|
(b) Special obligation bonds must be payable from the |
|
revenue of the district's entire hospital system, including that |
|
portion originally acquired and all past or future extensions, |
|
additions, or replacements, excluding taxes, after deducting the |
|
cost of maintaining and operating the system. For purposes of this |
|
subsection, the cost of maintaining and operating the system: |
|
(1) may include only the items set forth and defined in |
|
the resolution authorizing the bond issuance; and |
|
(2) may not include the cost of providing medical or |
|
hospital care for the district's needy inhabitants. |
|
(c) A cost described by Subsection (b)(2) is a maintenance |
|
and operating expense for budget and tax purposes. |
|
(d) The district may issue revenue bonds without an |
|
election. |
|
(e) Revenue bonds may be additionally secured by: |
|
(1) a mortgage or deed of trust on real property; |
|
(2) a chattel mortgage on the district's personal |
|
property; or |
|
(3) both. |
|
(f) The board may issue bonds that are a junior lien on the |
|
district's net revenue or property and additional parity bonds |
|
under conditions specified in the bond resolution or trust |
|
indenture. |
|
(g) Money for the payment of not more than two years' |
|
interest on the bonds and an amount the board estimates will be |
|
required for maintenance and operating expenses during the first |
|
two years of operation may be set aside out of the proceeds from the |
|
sale of the bonds. |
|
(h) A revenue bond issued by the district must contain the |
|
provision: "The holder of the bond may not demand payment of this |
|
bond or appurtenant coupons out of money raised or to be raised by |
|
taxation." (Acts 59th Leg., R.S., Ch. 465, Sec. 6(a) (part).) |
|
Sec.1065.207.CHARGES FOR SERVICES RENDERED. If the board |
|
issues revenue bonds, the board shall charge and collect rates for |
|
services rendered by the hospital system that are sufficient to: |
|
(1) pay the maintenance and operating expenses |
|
described by Section 1065.206; |
|
(2) pay the principal of and interest on the bonds as |
|
each becomes due; and |
|
(3) create and maintain a bond reserve fund and other |
|
funds as provided in the bond resolution or trust indenture. (Acts |
|
59th Leg., R.S., Ch. 465, Sec. 6(a) (part).) |
|
[Sections 1065.208-1065.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1065.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the annual budget, the board shall impose a tax on all |
|
property in the district subject to district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued by the district for hospital purposes; and |
|
(2) provide for the maintenance and operation of the |
|
district and hospital system. (Acts 59th Leg., R.S., Ch. 465, Secs. |
|
5 (part), 9 (part).) |
|
Sec.1065.252.TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 59th Leg., R.S., Ch. 465, Sec. 5 |
|
(part).) |
|
Sec.1065.253.TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector of Motley County shall assess and collect taxes |
|
imposed by the district. (Acts 59th Leg., R.S., Ch. 465, Sec. 10 |
|
(part).) |
|
CHAPTER 1066. MOULTON COMMUNITY MEDICAL CLINIC DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1066.001. DEFINITIONS |
|
Sec. 1066.002. AUTHORITY FOR OPERATION |
|
Sec. 1066.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1066.004. DISTRICT TERRITORY |
|
Sec. 1066.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1066.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1066.007-1066.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1066.051. BOARD ELECTION; TERM |
|
Sec. 1066.052. NOTICE OF ELECTION |
|
Sec. 1066.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1066.054. BOARD VACANCY |
|
Sec. 1066.055. OFFICERS |
|
Sec. 1066.056. COMPENSATION; EXPENSES |
|
Sec. 1066.057. VOTING REQUIREMENT |
|
Sec. 1066.058. DISTRICT ADMINISTRATOR |
|
Sec. 1066.059. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1066.060. ASSISTANT DISTRICT ADMINISTRATOR; |
|
ATTORNEY |
|
Sec. 1066.061. EMPLOYEES; APPOINTMENT OF STAFF |
|
Sec. 1066.062. RETIREMENT BENEFITS |
|
[Sections 1066.063-1066.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1066.101. DISTRICT RESPONSIBILITY |
|
Sec. 1066.102. RESTRICTION ON COUNTY AND MUNICIPALITY |
|
TAXATION AND DEBT |
|
Sec. 1066.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1066.104. RULES |
|
Sec. 1066.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1066.106. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1066.107. EMINENT DOMAIN |
|
Sec. 1066.108. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1066.109. GIFTS AND ENDOWMENTS |
|
Sec. 1066.110. CONSTRUCTION CONTRACTS |
|
Sec. 1066.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1066.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR SERVICES |
|
Sec. 1066.113. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1066.114. REIMBURSEMENT FOR SERVICES |
|
Sec. 1066.115. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1066.116-1066.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1066.151. BUDGET |
|
Sec. 1066.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1066.153. AMENDMENTS TO BUDGET |
|
Sec. 1066.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1066.155. FISCAL YEAR |
|
Sec. 1066.156. ANNUAL AUDIT |
|
Sec. 1066.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1066.158. FINANCIAL REPORT |
|
Sec. 1066.159. DEPOSITORY |
|
Sec. 1066.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1066.161-1066.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1066.201. GENERAL OBLIGATION BONDS |
|
Sec. 1066.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1066.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1066.204. REVENUE BONDS |
|
Sec. 1066.205. REFUNDING BONDS |
|
Sec. 1066.206. MATURITY OF BONDS |
|
Sec. 1066.207. EXECUTION OF BONDS |
|
Sec. 1066.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1066.209-1066.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1066.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1066.252. TAX RATE |
|
Sec. 1066.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1066. MOULTON COMMUNITY MEDICAL CLINIC DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1066.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Moulton Community Medical |
|
Clinic District. (Acts 71st Leg., R.S., Ch. 546, Sec. 1.01.) |
|
Sec.1066.002.AUTHORITY FOR OPERATION. The district |
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
Constitution, and by this chapter. (Acts 71st Leg., R.S., Ch. 546, |
|
Sec. 1.02.) |
|
Sec.1066.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
a public entity performing an essential public function. (Acts |
|
71st Leg., R.S., Ch. 546, Sec. 7.11 (part).) |
|
Sec.1066.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Moulton Independent |
|
School District of Lavaca County, Texas, as those boundaries |
|
existed on August 28, 1989. (Acts 71st Leg., R.S., Ch. 546, Sec. |
|
1.03.) |
|
Sec. 1066.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The state may not become obligated for the support or |
|
maintenance of the district. (Acts 71st Leg., R.S., Ch. 546, Sec. |
|
9.01 (part).) |
|
Sec.1066.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 71st Leg., R.S., Ch. 546, Sec. 9.01 (part).) |
|
[Sections 1066.007-1066.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1066.051.BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of nine directors elected from the district at |
|
large. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; and |
|
(2) an election shall be held on the uniform election |
|
date in May of each year to elect the appropriate number of |
|
directors. (Acts 71st Leg., R.S., Ch. 546, Secs. 4.01(a), 4.03(a), |
|
(c) (part).) |
|
Sec.1066.052.NOTICE OF ELECTION. 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. (Acts 71st Leg., R.S., Ch. 546, Sec. 4.04.) |
|
Sec.1066.053.QUALIFICATIONS FOR OFFICE. To be eligible |
|
to be a candidate for or to serve as a director, a person must be: |
|
(1) a district resident; and |
|
(2) a qualified voter. (Acts 71st Leg., R.S., Ch. 546, |
|
Sec. 4.06.) |
|
Sec.1066.054.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 71st Leg., R.S., Ch. 546, |
|
Sec. 4.07.) |
|
Sec.1066.055.OFFICERS. (a) The board shall elect a |
|
president, vice president, and treasurer from among its members. |
|
(b) The board shall appoint a secretary, who need not be a |
|
director. |
|
(c) Each officer of the board serves for a term of one year. |
|
(d) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 71st Leg., R.S., Ch. 546, Secs. 4.08, 4.09.) |
|
Sec.1066.056.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 71st Leg., R.S., Ch. |
|
546, Sec. 4.10.) |
|
Sec.1066.057.VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors voting is necessary in any matter |
|
relating to district business. (Acts 71st Leg., R.S., Ch. 546, Sec. |
|
4.11.) |
|
Sec.1066.058.DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to compensation determined by the board. |
|
(c) Before assuming the duties of district administrator, |
|
the administrator must execute a bond in the amount determined by |
|
the board of not less than $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
administrator's duties under this chapter. |
|
(d) The board may pay for the bond with district money. |
|
(Acts 71st Leg., R.S., Ch. 546, Secs. 4.12(a) (part), (b) (part), |
|
(c) (part), (d).) |
|
Sec.1066.059.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. (Acts |
|
71st Leg., R.S., Ch. 546, Sec. 4.15.) |
|
Sec.1066.060.ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
(a) The board may appoint qualified persons as: |
|
(1) the assistant district administrator; and |
|
(2) the attorney for the district. |
|
(b) The attorney for the district and the assistant district |
|
administrator serve at the will of the board and are entitled to the |
|
compensation determined by the board. (Acts 71st Leg., R.S., Ch. |
|
546, Secs. 4.12(a) (part), (b) (part), (c) (part).) |
|
Sec.1066.061.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as necessary. |
|
(b) The district may employ technicians, nurses, fiscal |
|
agents, accountants, architects, additional attorneys, and other |
|
necessary employees. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ district employees. (Acts 71st Leg., R.S., Ch. |
|
546, Secs. 4.13, 4.14.) |
|
Sec.1066.062.RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 71st Leg., R.S., Ch. |
|
546, Sec. 4.16.) |
|
[Sections 1066.063-1066.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1066.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating hospital facilities; and |
|
(2) providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 71st Leg., R.S., Ch. 546, Sec. |
|
5.02 (part).) |
|
Sec. 1066.102. RESTRICTION ON COUNTY AND MUNICIPALITY |
|
TAXATION AND DEBT. Lavaca County and the City of Moulton may not |
|
impose a tax or issue bonds or other obligations for hospital |
|
purposes or to provide medical care for district residents. (Acts |
|
71st Leg., R.S., Ch. 546, Sec. 5.01(b).) |
|
Sec.1066.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the clinic or a |
|
hospital system and the district's money and resources. (Acts 71st |
|
Leg., R.S., Ch. 546, Sec. 5.03.) |
|
Sec.1066.104.RULES. The board may adopt rules governing: |
|
(1) the operation of the clinic or a hospital and |
|
hospital system; and |
|
(2) the duties, functions, and responsibilities of |
|
district staff and employees. (Acts 71st Leg., R.S., Ch. 546, Sec. |
|
5.04.) |
|
Sec.1066.105.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) accounting and control procedures for the |
|
district. (Acts 71st Leg., R.S., Ch. 546, Sec. 5.05.) |
|
Sec. 1066.106. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain the clinic or an adequate hospital system; and |
|
(2) the type of equipment necessary for medical care. |
|
(b) The board may: |
|
(1) acquire property, including facilities and |
|
equipment, for the district for the clinic or the hospital system; |
|
and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(c) The board may lease district facilities for the |
|
district. |
|
(d) The board may sell or otherwise dispose of property, |
|
including facilities or equipment, for the district. (Acts 71st |
|
Leg., R.S., Ch. 546, Sec. 5.06.) |
|
Sec.1066.107.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in property located in district territory if the |
|
interest is necessary for the district to exercise a right or |
|
authority conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 71st Leg., R.S., Ch. 546, Sec. |
|
5.09.) |
|
Sec.1066.108.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of any railroad, highway, pipeline, or |
|
electric transmission and electric distribution, telegraph, or |
|
telephone line, conduit, pole, or facility, the district must bear |
|
the actual cost of relocating, raising, lowering, rerouting, |
|
changing the grade, or altering the construction to provide |
|
comparable replacement, without enhancement of facilities, after |
|
deducting the net salvage value derived from the old facility. |
|
(Acts 71st Leg., R.S., Ch. 546, Sec. 5.10.) |
|
Sec.1066.109.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for any |
|
purpose and under any direction, limitation, or other provision |
|
prescribed in writing by the donor that is consistent with the |
|
proper management of the district. (Acts 71st Leg., R.S., Ch. 546, |
|
Sec. 5.14.) |
|
Sec.1066.110.CONSTRUCTION CONTRACTS. (a) The board may |
|
enter into construction contracts for the district. |
|
(b) The board may enter into a construction contract that |
|
involves the expenditure of more than the amount provided by |
|
Section 271.024, Local Government Code, only after competitive |
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
Code. (Acts 71st Leg., R.S., Ch. 546, Sec. 5.07(a).) |
|
Sec.1066.111.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility for the district. (Acts 71st Leg., R.S., Ch. |
|
546, Sec. 5.08.) |
|
Sec. 1066.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
SERVICES. The board may contract with a political subdivision of |
|
this state or with a state or federal agency for the district to: |
|
(1) furnish a mobile emergency medical service; or |
|
(2) provide for the investigatory or welfare needs of |
|
district inhabitants. (Acts 71st Leg., R.S., Ch. 546, Sec. 5.13.) |
|
Sec.1066.113.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the financial circumstances of: |
|
(1) the patient; or |
|
(2) a relative of the patient who is legally |
|
responsible for the patient's support. |
|
(b) The district without charge shall provide to a patient |
|
who resides in the district the care and treatment that the patient |
|
or a relative of the patient who is legally responsible for the |
|
patient's support cannot pay. |
|
(c) On determining that the patient or a relative legally |
|
responsible for the patient's support can pay for all or part of the |
|
care and treatment provided by the district, the district |
|
administrator shall report that determination to the board, and the |
|
board shall issue an order directing the patient or the relative to |
|
pay the district a specified amount each week. The amount must be |
|
based on the individual's ability to pay. |
|
(d) The district administrator may collect money owed to the |
|
district from the patient's estate or from that of a relative who |
|
was legally responsible for the patient's support in the manner |
|
provided by law for collection of expenses of the last illness of a |
|
deceased person. |
|
(e) If there is a dispute relating to an individual's |
|
ability to pay or if the district administrator has any doubt |
|
concerning an individual's ability to pay, the board shall: |
|
(1) call witnesses; |
|
(2) hear and resolve the question; and |
|
(3) issue a final order. |
|
(f) A final order of the board may be appealed to a district |
|
court in Lavaca County. The substantial evidence rule applies to |
|
the appeal. (Acts 71st Leg., R.S., Ch. 546, Secs. 5.11(a), (c), |
|
(d), (e), (f).) |
|
Sec.1066.114.REIMBURSEMENT FOR SERVICES. (a) The board |
|
shall require a county, municipality, or public hospital located |
|
outside the district to reimburse the district for the district's |
|
care and treatment of a sick or injured person of that county, |
|
municipality, or public hospital as provided by Chapter 61, Health |
|
and Safety Code. |
|
(b) The board shall require the sheriff of Lavaca County or |
|
the police chief of the City of Moulton to reimburse the district |
|
for the district's care and treatment of a person who is confined in |
|
a jail facility of Lavaca County or the City of Moulton and is not a |
|
district resident. |
|
(c) The board may contract with the state or federal |
|
government for that government to reimburse the district for |
|
treatment of a sick or injured person. (Acts 71st Leg., R.S., Ch. |
|
546, Sec. 5.12.) |
|
Sec.1066.115.AUTHORITY TO SUE AND BE SUED. The board may |
|
sue and be sued on behalf of the district. (Acts 71st Leg., R.S., |
|
Ch. 546, Sec. 5.15.) |
|
[Sections 1066.116-1066.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1066.151.BUDGET. (a) The district administrator |
|
shall prepare a proposed annual budget for the district. |
|
(b) The proposed budget must contain a complete financial |
|
statement, including a statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand in each district fund; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 71st Leg., |
|
R.S., Ch. 546, Sec. 6.04.) |
|
Sec.1066.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) The board shall publish notice of the hearing in a |
|
newspaper with general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the |
|
taxpayers. |
|
(e) The budget is effective only after adoption by the |
|
board. (Acts 71st Leg., R.S., Ch. 546, Sec. 6.05.) |
|
Sec.1066.153.AMENDMENTS TO BUDGET. After the annual |
|
budget is adopted, the budget may be amended on the board's |
|
approval. (Acts 71st Leg., R.S., Ch. 546, Sec. 6.06.) |
|
Sec.1066.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 71st Leg., R.S., Ch. 546, Sec. 6.07.) |
|
Sec.1066.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) when revenue bonds of the district are |
|
outstanding; or |
|
(2) more than once in a 24-month period. (Acts 71st |
|
Leg., R.S., Ch. 546, Sec. 6.01.) |
|
Sec.1066.156.ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 71st |
|
Leg., R.S., Ch. 546, Sec. 6.02.) |
|
Sec. 1066.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records are open to |
|
inspection during regular business hours at the district's |
|
principal office. (Acts 71st Leg., R.S., Ch. 546, Sec. 6.03.) |
|
Sec.1066.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of the fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a sworn statement of the amount of district money; |
|
and |
|
(2) an account of the disbursements of that money. |
|
(Acts 71st Leg., R.S., Ch. 546, Sec. 6.08.) |
|
Sec.1066.159.DEPOSITORY. (a) The board shall select at |
|
least one bank to serve as a depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1066.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and must remain on |
|
deposit. This subsection does not limit the power of the board to |
|
place a portion of district money on time deposit or to purchase |
|
certificates of deposit. |
|
(c) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or other security in an amount sufficient to secure from loss the |
|
district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 71st Leg., R.S., Ch. 546, |
|
Sec. 6.10.) |
|
Sec.1066.160.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as provided by Sections 1066.110, 1066.201, 1066.204, and |
|
1066.205, the district may not incur a debt payable from district |
|
revenue other than the revenue on hand or to be on hand in the |
|
current and immediately following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 71st Leg., R.S., Ch. 546, Sec. 6.09.) |
|
[Sections 1066.161-1066.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1066.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds authorized by an election |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; or |
|
(2) equip buildings or improvements for clinic or |
|
hospital purposes. (Acts 71st Leg., R.S., Ch. 546, Sec. 7.01.) |
|
Sec.1066.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1066.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 71st Leg., R.S., Ch. 546, Sec. 7.02.) |
|
Sec.1066.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order a bond election. |
|
(c) The order calling the election must specify: |
|
(1) the nature and date of the election; |
|
(2) the hours during which the polls will be open; |
|
(3) the location of the polling places; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. |
|
(e) The board shall declare the results of the election. |
|
(Acts 71st Leg., R.S., Ch. 546, Sec. 7.03.) |
|
Sec.1066.204.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for clinic or hospital purposes; |
|
or |
|
(2) acquire sites to be used for clinic or hospital |
|
purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the clinic |
|
or the district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(Acts 71st Leg., R.S., Ch. 546, Sec. 7.04.) |
|
Sec.1066.205.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 71st |
|
Leg., R.S., Ch. 546, Secs. 7.05(a), (c) (part).) |
|
Sec.1066.206.MATURITY OF BONDS. District bonds must |
|
mature not later than 50 years after the date of issuance. (Acts |
|
71st Leg., R.S., Ch. 546, Sec. 7.06 (part).) |
|
Sec.1066.207.EXECUTION OF BONDS. (a) The board president |
|
shall execute the district's bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 71st Leg., |
|
R.S., Ch. 546, Sec. 7.07.) |
|
Sec.1066.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 71st |
|
Leg., R.S., Ch. 546, Sec. 7.11 (part).) |
|
[Sections 1066.209-1066.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1066.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all property in the district subject to district |
|
taxation. |
|
(b) The tax may be used to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 71st |
|
Leg., R.S., Ch. 546, Secs. 8.01(a) (part), (c), (d), 8.02(b).) |
|
Sec.1066.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters at the |
|
election authorizing the imposition of the tax. |
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
each $100 valuation of all taxable property in the district. |
|
(c) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 71st |
|
Leg., R.S., Ch. 546, Secs. 8.01(a) (part), (b), 8.03 (part).) |
|
Sec.1066.253.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 546, Sec. |
|
8.04(b).) |
|
CHAPTER 1068. MULESHOE AREA HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1068.001. DEFINITIONS |
|
Sec. 1068.002. AUTHORITY FOR OPERATION |
|
Sec. 1068.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1068.004. DISTRICT TERRITORY |
|
Sec. 1068.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1068.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1068.007-1068.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1068.051. BOARD ELECTION; TERM |
|
Sec. 1068.052. NOTICE OF ELECTION |
|
Sec. 1068.053. BALLOT PETITION |
|
Sec. 1068.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1068.055. BOARD VACANCY |
|
Sec. 1068.056. OFFICERS |
|
Sec. 1068.057. COMPENSATION; EXPENSES |
|
Sec. 1068.058. VOTING REQUIREMENT |
|
Sec. 1068.059. DISTRICT ADMINISTRATOR |
|
Sec. 1068.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1068.061. ASSISTANT DISTRICT ADMINISTRATOR; |
|
ATTORNEY |
|
Sec. 1068.062. EMPLOYEES; APPOINTMENT OF STAFF |
|
Sec. 1068.063. RETIREMENT BENEFITS |
|
[Sections 1068.064-1068.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1068.101. DISTRICT RESPONSIBILITY |
|
Sec. 1068.102. RESTRICTION ON COUNTY TAXATION AND DEBT |
|
Sec. 1068.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1068.104. RULES |
|
Sec. 1068.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1068.106. MOBILE EMERGENCY MEDICAL SERVICE |
|
Sec. 1068.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1068.108. EMINENT DOMAIN |
|
Sec. 1068.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1068.110. GIFTS AND ENDOWMENTS |
|
Sec. 1068.111. CONSTRUCTION CONTRACTS |
|
Sec. 1068.112. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1068.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR SERVICES |
|
Sec. 1068.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1068.115. REIMBURSEMENT FOR SERVICES |
|
Sec. 1068.116. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1068.117-1068.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1068.151. BUDGET |
|
Sec. 1068.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1068.153. AMENDMENTS TO BUDGET |
|
Sec. 1068.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1068.155. FISCAL YEAR |
|
Sec. 1068.156. ANNUAL AUDIT |
|
Sec. 1068.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1068.158. FINANCIAL REPORT |
|
Sec. 1068.159. DEPOSITORY |
|
Sec. 1068.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1068.161-1068.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1068.201. GENERAL OBLIGATION BONDS |
|
Sec. 1068.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1068.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1068.204. REVENUE BONDS |
|
Sec. 1068.205. REFUNDING BONDS |
|
Sec. 1068.206. MATURITY OF BONDS |
|
Sec. 1068.207. EXECUTION OF BONDS |
|
Sec. 1068.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1068.209-1068.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1068.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1068.252. TAX RATE |
|
Sec. 1068.253. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
Sec. 1068.254. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1068. MULESHOE AREA HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1068.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Muleshoe Area Hospital |
|
District. (Acts 71st Leg., R.S., Ch. 45, Sec. 1.01.) |
|
Sec.1068.002.AUTHORITY FOR OPERATION. The district |
|
operates and is financed as provided by Section 9, Article IX, Texas |
|
Constitution, and by this chapter. (Acts 71st Leg., R.S., Ch. 45, |
|
Sec. 1.02.) |
|
Sec.1068.003.ESSENTIAL PUBLIC FUNCTION. The district is |
|
a public entity performing an essential public function. (Acts |
|
71st Leg., R.S., Ch. 45, Sec. 7.11 (part).) |
|
Sec.1068.004.DISTRICT TERRITORY. The district is |
|
composed of the territory described by Section 1.03, Chapter 45, |
|
Acts of the 71st Legislature, Regular Session, 1989. (New.) |
|
Sec. 1068.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The state may not become obligated for the support or |
|
maintenance of the district. (Acts 71st Leg., R.S., Ch. 45, Sec. |
|
9.01 (part).) |
|
Sec.1068.006.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 71st Leg., R.S., Ch. 45, Sec. 9.01 (part).) |
|
[Sections 1068.007-1068.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1068.051.BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of five directors elected by place. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; and |
|
(2) an election shall be held on the uniform election |
|
date in May of each year to elect the appropriate number of |
|
directors. (Acts 71st Leg., R.S., Ch. 45, Secs. 4.01(a), 4.03(a), |
|
(d) (part).) |
|
Sec.1068.052.NOTICE OF ELECTION. 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. (Acts 71st Leg., R.S., Ch. 45, Sec. 4.04.) |
|
Sec.1068.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must: |
|
(1) be signed by at least 25 registered voters of the |
|
district as determined by the most recent official list of |
|
registered voters; |
|
(2) be filed not later than the 31st day before the |
|
date of the election; and |
|
(3) specify the place for which the person is to be a |
|
candidate. (Acts 71st Leg., R.S., Ch. 45, Sec. 4.05.) |
|
Sec.1068.054.QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to be a candidate for or to serve as a director, a person |
|
must be: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A district employee may not serve as a director. (Acts |
|
71st Leg., R.S., Ch. 45, Sec. 4.06.) |
|
Sec.1068.055.BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 71st Leg., R.S., Ch. 45, |
|
Sec. 4.07.) |
|
Sec.1068.056.OFFICERS. (a) The board shall elect a |
|
president and a vice president from among its members. |
|
(b) The board shall appoint a secretary, who need not be a |
|
director. |
|
(c) Each officer of the board serves for a term of one year. |
|
(d) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 71st Leg., R.S., Ch. 45, Secs. 4.08, 4.09.) |
|
Sec.1068.057.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 71st Leg., R.S., Ch. |
|
45, Sec. 4.10.) |
|
Sec.1068.058.VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors voting is necessary in any matter |
|
relating to district business. (Acts 71st Leg., R.S., Ch. 45, Sec. |
|
4.11.) |
|
Sec.1068.059.DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to the compensation determined by the board. |
|
(c) Before assuming the duties of district administrator, |
|
the administrator must execute a bond in the amount determined by |
|
the board of not less than $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
administrator's duties under this chapter. |
|
(d) The board may pay for the bond with district money. |
|
(Acts 71st Leg., R.S., Ch. 45, Secs. 4.12(a) (part), (b) (part), (c) |
|
(part), (d).) |
|
Sec.1068.060.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. (Acts |
|
71st Leg., R.S., Ch. 45, Sec. 4.15.) |
|
Sec.1068.061.ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
(a) The board may appoint qualified persons as: |
|
(1) the assistant district administrator; and |
|
(2) the attorney for the district. |
|
(b) The assistant district administrator and the attorney |
|
for the district serve at the will of the board and are entitled to |
|
the compensation determined by the board. (Acts 71st Leg., R.S., |
|
Ch. 45, Secs. 4.12(a) (part), (b) (part), (c) (part).) |
|
Sec.1068.062.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as necessary. |
|
(b) The district may employ technicians, nurses, fiscal |
|
agents, accountants, architects, additional attorneys, and other |
|
necessary employees. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ persons for the district. (Acts 71st Leg., |
|
R.S., Ch. 45, Secs. 4.13, 4.14.) |
|
Sec.1068.063.RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 71st Leg., R.S., Ch. |
|
45, Sec. 4.16.) |
|
[Sections 1068.064-1068.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1068.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating hospital facilities; and |
|
(2) providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 71st Leg., R.S., Ch. 45, Sec. |
|
5.02 (part).) |
|
Sec.1068.102.RESTRICTION ON COUNTY TAXATION AND DEBT. |
|
Bailey and Parmer Counties may not impose a tax or issue bonds or |
|
other obligations for hospital purposes or to provide medical care |
|
for district residents. (Acts 71st Leg., R.S., Ch. 45, Sec. |
|
5.01(b).) |
|
Sec.1068.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 71st Leg., R.S., Ch. |
|
45, Sec. 5.03.) |
|
Sec.1068.104.RULES. The board may adopt rules governing: |
|
(1) the operation of the hospital and hospital system; |
|
and |
|
(2) the duties, functions, and responsibilities of |
|
district staff and employees. (Acts 71st Leg., R.S., Ch. 45, Sec. |
|
5.04.) |
|
Sec.1068.105.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) accounting and control procedures for the |
|
district. (Acts 71st Leg., R.S., Ch. 45, Sec. 5.05.) |
|
Sec.1068.106.MOBILE EMERGENCY MEDICAL SERVICE. The |
|
district may operate or provide for the operation of a mobile |
|
emergency medical service. (Acts 71st Leg., R.S., Ch. 45, Sec. 5.02 |
|
(part).) |
|
Sec. 1068.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The board may: |
|
(1) acquire property, including facilities and |
|
equipment, for the district for use in the hospital system; and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(c) The board may lease hospital facilities for the |
|
district. |
|
(d) The board may sell or otherwise dispose of property, |
|
including facilities or equipment, for the district. (Acts 71st |
|
Leg., R.S., Ch. 45, Sec. 5.06.) |
|
Sec.1068.108.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in property located in district territory if the |
|
interest is necessary to exercise a right or authority conferred by |
|
this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 71st Leg., R.S., Ch. 45, Sec. |
|
5.09.) |
|
Sec.1068.109.COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of any railroad, highway, pipeline, or |
|
electric transmission and electric distribution, telegraph, or |
|
telephone line, conduit, pole, or facility, the district must bear |
|
the actual cost of relocating, raising, lowering, rerouting, |
|
changing the grade, or altering the construction to provide |
|
comparable replacement without enhancement of facilities, after |
|
deducting the net salvage value derived from the old facility. |
|
(Acts 71st Leg., R.S., Ch. 45, Sec. 5.10.) |
|
Sec.1068.110.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for any |
|
purpose and under any direction, limitation, or other provision |
|
prescribed in writing by the donor that is consistent with the |
|
proper management of the district. (Acts 71st Leg., R.S., Ch. 45, |
|
Sec. 5.14.) |
|
Sec.1068.111.CONSTRUCTION CONTRACTS. (a) The board may |
|
enter into construction contracts for the district. |
|
(b) The board may enter into a construction contract that |
|
involves the expenditure of more than the amount provided by |
|
Section 271.024, Local Government Code, only after competitive |
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
Code. (Acts 71st Leg., R.S., Ch. 45, Sec. 5.07(a).) |
|
Sec.1068.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a hospital facility for the district. (Acts 71st Leg., R.S., Ch. |
|
45, Sec. 5.08.) |
|
Sec. 1068.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
SERVICES. The board may contract with a political subdivision of |
|
this state or with a state or federal agency for the district to: |
|
(1) furnish a mobile emergency medical service; or |
|
(2) provide for the investigatory or welfare needs of |
|
district inhabitants. (Acts 71st Leg., R.S., Ch. 45, Sec. 5.13.) |
|
Sec.1068.114.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the financial circumstances of: |
|
(1) the patient; or |
|
(2) a relative of the patient who is legally |
|
responsible for the patient's support. |
|
(b) The district without charge shall provide to a patient |
|
who resides in the district the care and treatment that the patient |
|
or a relative of the patient who is legally responsible for the |
|
patient's support cannot pay. |
|
(c) On determining that the patient or a relative legally |
|
responsible for the patient's support can pay for all or part of the |
|
care and treatment provided by the district, the district |
|
administrator shall report that determination to the board, and the |
|
board shall issue an order directing the patient or the relative to |
|
pay the district a specified amount each week. The amount must be |
|
based on the individual's ability to pay. |
|
(d) The district administrator may collect money owed to the |
|
district from the patient's estate or from that of a relative who |
|
was legally responsible for the patient's support in the manner |
|
provided by law for collection of expenses of the last illness of a |
|
deceased person. |
|
(e) If there is a dispute relating to an individual's |
|
ability to pay or if the district administrator has any doubt |
|
concerning an individual's ability to pay, the board shall: |
|
(1) call witnesses; |
|
(2) hear and resolve the question; and |
|
(3) issue a final order. |
|
(f) A final order of the board may be appealed to a district |
|
court in the county in which the district is located. The |
|
substantial evidence rule applies to the appeal. (Acts 71st Leg., |
|
R.S., Ch. 45, Secs. 5.11(a), (c), (d), (e), (f).) |
|
Sec.1068.115.REIMBURSEMENT FOR SERVICES. (a) The board |
|
shall require a county, municipality, or public hospital located |
|
outside the district to reimburse the district for the district's |
|
care and treatment of a sick or injured person of that county, |
|
municipality, or public hospital as provided by Chapter 61, Health |
|
and Safety Code. |
|
(b) The board shall require the sheriff of Bailey County to |
|
reimburse the district for the district's care and treatment of a |
|
person who is confined in a jail facility of Bailey County and is |
|
not a district resident. |
|
(c) The board may contract with the state or federal |
|
government for that government to reimburse the district for |
|
treatment of a sick or injured person. (Acts 71st Leg., R.S., Ch. |
|
45, Sec. 5.12.) |
|
Sec.1068.116.AUTHORITY TO SUE AND BE SUED. The board may |
|
sue and be sued on behalf of the district. (Acts 71st Leg., R.S., |
|
Ch. 45, Sec. 5.15.) |
|
[Sections 1068.117-1068.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1068.151.BUDGET. (a) The district administrator |
|
shall prepare a proposed annual budget for the district. |
|
(b) The proposed budget must contain a complete financial |
|
statement, including a statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand in each district fund; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 71st Leg., |
|
R.S., Ch. 45, Sec. 6.04.) |
|
Sec.1068.152.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) The board shall publish notice of the hearing in a |
|
newspaper with general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the |
|
taxpayers. |
|
(e) The budget is effective only after adoption by the |
|
board. (Acts 71st Leg., R.S., Ch. 45, Sec. 6.05.) |
|
Sec.1068.153.AMENDMENTS TO BUDGET. After adoption, the |
|
annual budget may be amended on the board's approval. (Acts 71st |
|
Leg., R.S., Ch. 45, Sec. 6.06.) |
|
Sec.1068.154.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 71st Leg., R.S., Ch. 45, Sec. 6.07.) |
|
Sec.1068.155.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) when revenue bonds of the district are |
|
outstanding; or |
|
(2) more than once in a 24-month period. (Acts 71st |
|
Leg., R.S., Ch. 45, Sec. 6.01.) |
|
Sec.1068.156.ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 71st |
|
Leg., R.S., Ch. 45, Sec. 6.02.) |
|
Sec. 1068.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records are open to |
|
inspection during regular business hours at the district's |
|
principal office. (Acts 71st Leg., R.S., Ch. 45, Sec. 6.03.) |
|
Sec.1068.158.FINANCIAL REPORT. As soon as practicable |
|
after the close of the fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a sworn statement of the amount of district money; |
|
and |
|
(2) an account of the disbursements of that money. |
|
(Acts 71st Leg., R.S., Ch. 45, Sec. 6.08.) |
|
Sec.1068.159.DEPOSITORY. (a) The board shall select at |
|
least one bank to serve as a depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1068.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and must remain on |
|
deposit. This subsection does not limit the power of the board to |
|
place a part of district money on time deposit or to purchase |
|
certificates of deposit. |
|
(c) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or other security in an amount sufficient to secure from loss the |
|
district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 71st Leg., R.S., Ch. 45, Sec. |
|
6.10.) |
|
Sec.1068.160.SPENDING AND INVESTMENT RESTRICTIONS. |
|
(a) Except as provided by Sections 1068.111, 1068.201, 1068.204, |
|
and 1068.205, the district may not incur a debt payable from |
|
district revenue other than the revenue on hand or to be on hand in |
|
the current and immediately following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 71st Leg., R.S., Ch. 45, Sec. 6.09.) |
|
[Sections 1068.161-1068.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1068.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds authorized by an election |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements for hospital |
|
purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service. (Acts 71st Leg., R.S., Ch. 45, Sec. 7.01.) |
|
Sec.1068.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1068.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 71st Leg., R.S., Ch. 45, Sec. 7.02.) |
|
Sec.1068.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order a bond election. |
|
(c) The order calling the election must specify: |
|
(1) the nature and date of the election; |
|
(2) the hours during which the polls will be open; |
|
(3) the location of the polling places; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. |
|
(e) The board shall declare the results of the election. |
|
(Acts 71st Leg., R.S., Ch. 45, Sec. 7.03.) |
|
Sec.1068.204.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; |
|
(2) acquire sites to be used for hospital purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service to assist the district in carrying out its hospital |
|
purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety |
|
Code, for issuance of revenue bonds by a county hospital authority. |
|
(Acts 71st Leg., R.S., Ch. 45, Sec. 7.04.) |
|
Sec.1068.205.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) Refunding bonds may be: |
|
(1) sold, with the proceeds of the refunding bonds |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 71st |
|
Leg., R.S., Ch. 45, Secs. 7.05(a), (c) (part).) |
|
Sec.1068.206.MATURITY OF BONDS. District bonds must |
|
mature not later than 50 years after the date of issuance. (Acts |
|
71st Leg., R.S., Ch. 45, Sec. 7.06 (part).) |
|
Sec.1068.207.EXECUTION OF BONDS. (a) The board president |
|
shall execute the district's bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 71st Leg., |
|
R.S., Ch. 45, Sec. 7.07.) |
|
Sec.1068.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 71st |
|
Leg., R.S., Ch. 45, Sec. 7.11 (part).) |
|
[Sections 1068.209-1068.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1068.251.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all property in the district subject to district |
|
taxation. |
|
(b) The tax may be used to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 71st |
|
Leg., R.S., Ch. 45, Secs. 8.02(a) (part), (c), (d), 8.03(b).) |
|
Sec.1068.252.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters at the |
|
election authorizing the imposition of the tax. |
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
each $100 valuation of all taxable property in the district. |
|
(c) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 71st |
|
Leg., R.S., Ch. 45, Secs. 8.02(a) (part), (b), 8.04 (part).) |
|
Sec.1068.253.ELECTION TO INCREASE MAXIMUM TAX RATE. (a) |
|
The board may order an election to increase the district's maximum |
|
ad valorem tax rate. |
|
(b) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition 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. |
|
(c) The board shall give notice of the election by |
|
publishing once a week for two consecutive weeks a substantial copy |
|
of the election order in a newspaper with general circulation in the |
|
district. The first publication must appear at least 35 days before |
|
the date set for the election. |
|
(d) The ballot for the election must be printed to permit |
|
voting for or against the proposition: "The levy of annual taxes by |
|
the board of directors of the Muleshoe Area Hospital District for |
|
hospital purposes at a rate not to exceed ____ cents on each $100 |
|
valuation of all taxable property in the district subject to |
|
hospital district taxation." |
|
(e) If the board finds that the election results favor the |
|
proposition, the board may impose taxes as authorized by the |
|
proposition. If the board finds that the election results do not |
|
favor the proposition, another election on raising the district's |
|
maximum tax rate may not be held before the first anniversary of the |
|
date of the most recent election at which voters disapproved the |
|
proposition. |
|
(f) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 71st Leg., R.S., Ch. 45, |
|
Secs. 3.03, 3.04, 8.01(a) (part), (b), (c) (part), (d).) |
|
Sec.1068.254.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 45, Sec. |
|
8.05(b).) |
|
CHAPTER 1070. HANSFORD COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1070.001. DEFINITIONS |
|
Sec. 1070.002. AUTHORITY FOR OPERATION |
|
Sec. 1070.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1070.004. DISTRICT TERRITORY |
|
Sec. 1070.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1070.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1070.007. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1070.008-1070.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1070.051. BOARD; TERM |
|
Sec. 1070.052. PETITION TO CHANGE METHOD FOR SELECTING |
|
DIRECTORS; ELECTION |
|
Sec. 1070.053. DIRECTORS' ELECTION |
|
Sec. 1070.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1070.055. BOARD VACANCY |
|
Sec. 1070.056. OFFICERS |
|
Sec. 1070.057. COMPENSATION; EXPENSES |
|
Sec. 1070.058. VOTING REQUIREMENT |
|
Sec. 1070.059. ADMINISTRATORS; ASSISTANT |
|
ADMINISTRATORS |
|
Sec. 1070.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1070.061. EMPLOYEES; APPOINTMENT OF STAFF |
|
Sec. 1070.062. RECRUITMENT OF STAFF AND EMPLOYEES |
|
Sec. 1070.063. HEALTH CARE AND PROFESSIONAL |
|
EDUCATIONAL PROGRAMS |
|
Sec. 1070.064. DAY-CARE SERVICES |
|
Sec. 1070.065. SENIORITY; RETIREMENT BENEFITS |
|
Sec. 1070.066. LIABILITY INSURANCE; INDEMNIFICATION |
|
[Sections 1070.067-1070.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1070.101. DISTRICT RESPONSIBILITY |
|
Sec. 1070.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1070.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1070.104. HOSPITAL SYSTEM; ANCILLARY HEALTH CARE |
|
SERVICES SYSTEM |
|
Sec. 1070.105. RULES |
|
Sec. 1070.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1070.107. MOBILE EMERGENCY MEDICAL SERVICE |
|
Sec. 1070.108. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1070.109. EMINENT DOMAIN |
|
Sec. 1070.110. GIFTS AND ENDOWMENTS |
|
Sec. 1070.111. CONSTRUCTION CONTRACTS |
|
Sec. 1070.112. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1070.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR TREATMENT |
|
Sec. 1070.114. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1070.115. PROVISION OF SERVICES OUTSIDE DISTRICT |
|
Sec. 1070.116. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1070.117. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1070.118-1070.150 reserved for expansion] |
|
SUBCHAPTER D. CHANGE IN BOUNDARIES |
|
Sec. 1070.151. TERRITORY THAT MAY BE ANNEXED |
|
Sec. 1070.152. PETITION TO ANNEX TERRITORY |
|
Sec. 1070.153. ELECTION ORDER |
|
Sec. 1070.154. BALLOT |
|
Sec. 1070.155. NOTICE OF ELECTION |
|
Sec. 1070.156. ELECTION RESULTS |
|
Sec. 1070.157. EFFECT OF ANNEXATION |
|
[Sections 1070.158-1070.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1070.201. BUDGET |
|
Sec. 1070.202. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1070.203. AMENDMENTS TO BUDGET |
|
Sec. 1070.204. RESTRICTION ON EXPENDITURES |
|
Sec. 1070.205. FISCAL YEAR |
|
Sec. 1070.206. AUDIT |
|
Sec. 1070.207. INSPECTION OF AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1070.208. FINANCIAL REPORT |
|
Sec. 1070.209. DEPOSITORY |
|
Sec. 1070.210. SPENDING AND INVESTMENT RESTRICTIONS |
|
Sec. 1070.211. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1070.212-1070.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 1070.251. OBLIGATIONS AND CREDIT AGREEMENTS |
|
Sec. 1070.252. GENERAL OBLIGATION BONDS |
|
Sec. 1070.253. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1070.254. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1070.255. REVENUE BONDS |
|
Sec. 1070.256. REFUNDING BONDS |
|
Sec. 1070.257. MATURITY OF BONDS |
|
Sec. 1070.258. EXECUTION OF BONDS |
|
Sec. 1070.259. BONDS EXEMPT FROM TAXATION |
|
[Sections 1070.260-1070.300 reserved for expansion] |
|
SUBCHAPTER G. TAXES |
|
Sec. 1070.301. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1070.302. TAX RATE |
|
Sec. 1070.303. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
Sec. 1070.304. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1070. HANSFORD COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1070.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Hansford County Hospital |
|
District. (New.) |
|
Sec.1070.002.AUTHORITY FOR OPERATION. The district |
|
operates in accordance with Section 9, Article IX, Texas |
|
Constitution, and has the rights, powers, and duties provided by |
|
this chapter. (Acts 62nd Leg., R.S., Ch. 872, Sec. 1 (part).) |
|
Sec.1070.003.ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 62nd Leg., R.S., Ch. 872, Sec. 21 (part).) |
|
Sec.1070.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Hansford County, |
|
Texas, unless the boundaries are expanded under Subchapter D. |
|
(Acts 62nd Leg., R.S., Ch. 872, Secs. 1 (part), 1A(a) (part).) |
|
Sec.1070.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 62nd Leg., R.S., Ch. 872, Sec. 23 (part).) |
|
Sec. 1070.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 62nd |
|
Leg., R.S., Ch. 872, Sec. 20 (part).) |
|
Sec.1070.007.RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 62nd Leg., R.S., Ch. 872, Sec. 20 (part).) |
|
[Sections 1070.008-1070.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1070.051.BOARD; TERM. (a) The board consists of six |
|
directors appointed by the Commissioners Court of Hansford County |
|
unless the method for selecting directors is changed under Section |
|
1070.052. |
|
(b) Directors serve staggered two-year terms. (Acts 62nd |
|
Leg., R.S., Ch. 872, Secs. 4(a) (part), (b) (part).) |
|
Sec. 1070.052. PETITION TO CHANGE METHOD FOR SELECTING |
|
DIRECTORS; ELECTION. (a) The Commissioners Court of Hansford |
|
County shall order an election on the question of electing |
|
directors if the court receives a petition requesting that action |
|
signed by at least 250 registered district voters who own taxable |
|
property in the district as of the date the petition is presented to |
|
the court. The election shall be held within 90 days of the date the |
|
petition is presented and notice of the election is given as |
|
provided by Section 1251.003, Government Code. |
|
(b) The order calling the election must: |
|
(1) specify the date of the election, the location of |
|
the polling places, and the presiding judge and alternate judge for |
|
each voting place; and |
|
(2) provide for clerks as in a county election. |
|
(c) The ballot shall be prepared to allow voting for or |
|
against the proposition: "Providing the office of director of the |
|
Hansford County Hospital District shall hereafter be an elective |
|
office." |
|
(d) If a majority of the district voters voting in the |
|
election favor the proposition: |
|
(1) directors in office at the time of the election |
|
shall serve the terms for which the directors were appointed; and |
|
(2) successor directors shall be elected as provided |
|
by Section 1070.053. |
|
(e) Another election on the question of electing directors |
|
may not be held before the third anniversary of the date of the most |
|
recent election on electing directors. (Acts 62nd Leg., R.S., Ch. |
|
872, Sec. 4(b) (part).) |
|
Sec.1070.053.DIRECTORS' ELECTION. (a) If a majority of |
|
the votes in an election under Section 1070.052 favor electing the |
|
directors, an election shall be held on the uniform election date in |
|
May of each year. |
|
(b) The order calling a directors' election must specify the |
|
time, place, and purpose of the election. |
|
(c) A person who wants to have the person's name printed on |
|
the ballot as a candidate for director must file with the board |
|
secretary a petition requesting that action. The petition must be: |
|
(1) signed by at least 50 registered voters; and |
|
(2) filed at least 25 days before the date of the |
|
election. |
|
(d) At least five days before the date of an election of |
|
directors, notice of the election shall be published one time in a |
|
newspaper of general circulation in the district. |
|
(e) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code, elected directors serve staggered |
|
two-year terms. (Acts 62nd Leg., R.S., Ch. 872, Sec. 4(b) (part).) |
|
Sec.1070.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not serve as a director unless the person is: |
|
(1) a district resident; and |
|
(2) a qualified voter. |
|
(b) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; or |
|
(2) a district employee. (Acts 62nd Leg., R.S., Ch. |
|
872, Sec. 4(c) (part).) |
|
Sec.1070.055.BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of an appointed director, the commissioners court shall |
|
appoint a director for the unexpired term. |
|
(b) If a vacancy occurs in the office of an elected |
|
director, the remaining directors by majority vote shall appoint a |
|
director for the unexpired term. (Acts 62nd Leg., R.S., Ch. 872, |
|
Secs. 4(a) (part), (b) (part).) |
|
Sec.1070.056.OFFICERS. (a) The board shall elect: |
|
(1) a president and a vice president from among its |
|
members; and |
|
(2) a secretary, who need not be a director. |
|
(b) Each officer of the board serves for a term of one year. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 62nd Leg., R.S., Ch. 872, Sec. 4(d) (part).) |
|
Sec.1070.057.COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 62nd Leg., R.S., Ch. |
|
872, Sec. 4(d) (part).) |
|
Sec.1070.058.VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 62nd Leg., R.S., Ch. 872, Sec. 4(d) (part).) |
|
Sec.1070.059.ADMINISTRATORS; ASSISTANT ADMINISTRATORS. |
|
(a) The board shall appoint qualified persons as administrators of |
|
the district or the ancillary health care facilities. |
|
(b) The board may appoint assistant administrators. |
|
(c) The administrators and any assistant administrators |
|
serve at the will of the board and are entitled to the compensation |
|
determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 62nd Leg., R.S., Ch. 872, Sec. 5(a) (part).) |
|
Sec.1070.060.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
(2) direct the affairs of the district; and |
|
(3) have overall management responsibility for |
|
ancillary health care facilities. (Acts 62nd Leg., R.S., Ch. 872, |
|
Sec. 5(a) (part).) |
|
Sec.1070.061.EMPLOYEES; APPOINTMENT OF STAFF. (a) The |
|
board may appoint to the staff any doctors and allied health |
|
personnel the board considers necessary for the efficient operation |
|
of the district and may make temporary appointments as necessary. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to hire district employees, including technicians and |
|
nurses. (Acts 62nd Leg., R.S., Ch. 872, Secs. 5(a) (part), 16.) |
|
Sec.1070.062.RECRUITMENT OF STAFF AND EMPLOYEES. The |
|
board may spend district money, enter into agreements, and take |
|
other necessary action to recruit physicians, ancillary and allied |
|
health professionals, and other persons to serve on the district's |
|
medical staff or to be employed by the district, including: |
|
(1) advertising and marketing; |
|
(2) paying travel, recruitment, and relocation |
|
expenses; |
|
(3) providing a loan or scholarship to a physician or |
|
other person who: |
|
(A) is enrolled in health care education courses |
|
at an institution of higher education; and |
|
(B) contractually agrees to become a district |
|
employee or medical staff member; and |
|
(4) providing on a rent-free basis or subsidizing the |
|
cost of office space or other facilities for a health care |
|
professional, including a physician. (Acts 62nd Leg., R.S., Ch. |
|
872, Sec. 10A(a).) |
|
Sec. 1070.063. HEALTH CARE AND PROFESSIONAL EDUCATIONAL |
|
PROGRAMS. The board may spend district money, enter into |
|
agreements, and take other necessary action to conduct, participate |
|
in, or otherwise assist in providing health care and professional |
|
educational, development, or retraining programs for current or |
|
prospective medical staff members or district employees. (Acts |
|
62nd Leg., R.S., Ch. 872, Sec. 10A(b).) |
|
Sec.1070.064.DAY-CARE SERVICES. (a) The board may take |
|
any action to provide day-care services for the district's medical |
|
staff members, allied health professionals, officers, directors, |
|
and employees, including: |
|
(1) spending district money; |
|
(2) entering into agreements; and |
|
(3) acquiring by lease, purchase, or lease to purchase |
|
facilities, supplies, and equipment. |
|
(b) The district may provide day-care services to district |
|
residents as space permits. (Acts 62nd Leg., R.S., Ch. 872, Sec. |
|
10A(c).) |
|
Sec.1070.065.SENIORITY; RETIREMENT BENEFITS. The board |
|
may: |
|
(1) adopt rules related to the seniority of district |
|
employees, including rules for a retirement plan based on |
|
seniority; and |
|
(2) give effect to previous years of service for a |
|
district employee continuously employed in the operation or |
|
management of hospital or ancillary health care facilities: |
|
(A) constructed by the district; or |
|
(B) acquired by the district, including |
|
facilities acquired when the district was created. (Acts 62nd |
|
Leg., R.S., Ch. 872, Sec. 5(a) (part).) |
|
Sec.1070.066.LIABILITY INSURANCE; INDEMNIFICATION. (a) |
|
The board may defend or indemnify an officer, director, board |
|
appointee, medical staff member, or district employee against or |
|
from a claim, expense, or liability arising from duties performed |
|
in that capacity, including a duty performed at a district |
|
facility. |
|
(b) The board may purchase and maintain liability insurance |
|
coverage or establish a self-insurance program to fund an indemnity |
|
obligation under this section. (Acts 62nd Leg., R.S., Ch. 872, |
|
Sec. 5(b).) |
|
[Sections 1070.067-1070.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1070.101.DISTRICT RESPONSIBILITY. (a) The district |
|
has full responsibility for providing hospital services for the |
|
district's indigent residents. |
|
(b) The district may assume full responsibility for |
|
providing ancillary health care services for the district's |
|
indigent residents. (Acts 62nd Leg., R.S., Ch. 872, Sec. 19 |
|
(part).) |
|
Sec. 1070.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located within the |
|
district may not impose a tax or issue bonds or other obligations |
|
for hospital purposes or to provide medical care. (Acts 62nd Leg., |
|
R.S., Ch. 872, Sec. 19 (part).) |
|
Sec.1070.103.MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 62nd Leg., R.S., Ch. |
|
872, Sec. 5(a) (part).) |
|
Sec. 1070.104. HOSPITAL SYSTEM; ANCILLARY HEALTH CARE |
|
SERVICES SYSTEM. (a) The district shall provide for the |
|
establishment of a hospital system by: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and equipment; |
|
(2) equipping the buildings; and |
|
(3) administering the buildings and equipment for |
|
hospital purposes. |
|
(b) The hospital and ancillary health care services systems |
|
may include: |
|
(1) facilities and equipment to provide domiciliary |
|
care and treatment of the sick or injured; |
|
(2) outpatient clinics; |
|
(3) dispensaries; |
|
(4) geriatric domiciliary care; |
|
(5) convalescent home facilities; |
|
(6) physicians' offices; |
|
(7) home health services; |
|
(8) durable medical equipment; |
|
(9) long-term care; |
|
(10) skilled nursing care; |
|
(11) intermediate nursing care; |
|
(12) hospice care; |
|
(13) ambulatory surgery centers; |
|
(14) urgent care facilities; |
|
(15) rural health clinics; |
|
(16) operation of a mobile emergency medical service; |
|
(17) necessary nurses' domiciliaries and training |
|
centers; |
|
(18) blood banks; |
|
(19) research centers or laboratories; and |
|
(20) any other facilities or equipment the board |
|
considers necessary to provide hospital and ancillary health care |
|
services. (Acts 62nd Leg., R.S., Ch. 872, Secs. 2 (part), 9 |
|
(part).) |
|
Sec.1070.105.RULES. The board may adopt rules governing: |
|
(1) the operation of the hospital, ancillary health |
|
care facilities, hospital system, and ancillary health care system; |
|
and |
|
(2) the duties, functions, and responsibilities of |
|
district staff, employees, contractors, or agents. (Acts 62nd |
|
Leg., R.S., Ch. 872, Sec. 5(a) (part).) |
|
Sec.1070.106.PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 62nd |
|
Leg., R.S., Ch. 872, Sec. 10 (part).) |
|
Sec.1070.107.MOBILE EMERGENCY MEDICAL SERVICE. The |
|
district may operate or provide for the operation of a mobile |
|
emergency medical service. (Acts 62nd Leg., R.S., Ch. 872, Sec. 19 |
|
(part).) |
|
Sec. 1070.108. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location, either inside or outside the district, of buildings |
|
required to maintain an adequate hospital system and ancillary |
|
health care services system. |
|
(b) The board may lease all or part of the district's |
|
buildings, facilities, or equipment on terms considered to be in |
|
the best interest of the district's inhabitants. The term of the |
|
lease may not exceed 25 years. |
|
(c) The district may acquire, by purchase, lease, or lease |
|
to purchase, equipment for use in the district's hospital system |
|
and mortgage or pledge the property as security for the payment of |
|
the purchase or lease price. A contract entered into under this |
|
subsection must provide that the entire obligation be retired not |
|
later than the fifth anniversary of the date of the contract. |
|
(d) The district may sell, lease, or otherwise dispose of |
|
any property, including equipment, on terms the board finds are in |
|
the best interest of the district's inhabitants. The board may not |
|
sell or otherwise dispose of any real property unless the board |
|
affirmatively finds that the sale, lease, or disposition is in the |
|
best interest of the district's inhabitants. (Acts 62nd Leg., |
|
R.S., Ch. 872, Secs. 9 (part), 10 (part).) |
|
Sec.1070.109.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary for the district to exercise |
|
a power, right, or privilege conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021, Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 62nd Leg., R.S., Ch. 872, Sec. |
|
14.) |
|
Sec.1070.110.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 62nd Leg., R.S., Ch. 872, |
|
Sec. 18.) |
|
Sec.1070.111.CONSTRUCTION CONTRACTS. A construction |
|
contract that involves the expenditure of more than $10,000 may be |
|
made only after advertising in the manner provided by Chapter 252, |
|
Local Government Code, Subchapter B, Chapter 271, Local Government |
|
Code, or Section 286.078, Health and Safety Code. (Acts 62nd Leg., |
|
R.S., Ch. 872, Sec. 10 (part).) |
|
Sec.1070.112.OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract with a |
|
public or private entity relating to the district's facilities, |
|
equipment, or services. (Acts 62nd Leg., R.S., Ch. 872, Sec. 9 |
|
(part).) |
|
Sec. 1070.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
TREATMENT. The board may contract with this state, another state, a |
|
political subdivision of this or another state, or a federal agency |
|
for the treatment of a sick or injured person. (Acts 62nd Leg., |
|
R.S., Ch. 872, Sec. 5(a) (part).) |
|
Sec. 1070.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district to |
|
provide investigatory or other services for the hospital, ancillary |
|
health care, or welfare needs of district inhabitants. (Acts 62nd |
|
Leg., R.S., Ch. 872, Sec. 5(a) (part).) |
|
Sec.1070.115.PROVISION OF SERVICES OUTSIDE DISTRICT. The |
|
board may provide health care services outside the district for the |
|
care and treatment of the sick or injured persons of any |
|
jurisdiction. (Acts 62nd Leg., R.S., Ch. 872, Sec. 5(a) (part).) |
|
Sec.1070.116.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient is admitted to a district facility, the district |
|
administrator may have an inquiry made into the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the costs of |
|
the care and treatment provided to the patient by the district and |
|
that payment is not available from any other source, the amount of |
|
the costs that cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to the person's financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from any relative who is legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) determine the patient's ability to pay; and |
|
(2) issue any appropriate orders. |
|
(f) The final order may be appealed to the district court. |
|
The substantial evidence rule applies to the appeal. (Acts 62nd |
|
Leg., R.S., Ch. 872, Sec. 17.) |
|
Sec.1070.117.AUTHORITY TO SUE AND BE SUED. (a) The |
|
district, through the board, may sue and be sued. |
|
(b) The district is entitled to all causes of action and |
|
defenses to which similar authorities performing only governmental |
|
functions are entitled. (Acts 62nd Leg., R.S., Ch. 872, Sec. 5(a) |
|
(part).) |
|
[Sections 1070.118-1070.150 reserved for expansion] |
|
SUBCHAPTER D. CHANGE IN BOUNDARIES |
|
Sec.1070.151.TERRITORY THAT MAY BE ANNEXED. (a) The |
|
district may annex territory that is not located in: |
|
(1) Hansford County; |
|
(2) the boundaries of another hospital district; or |
|
(3) the proposed boundaries of another hospital |
|
district authorized by the legislature under Section 9, Article IX, |
|
Texas Constitution. |
|
(b) Territory may be annexed in one or more tracts. Each |
|
tract must be contiguous to: |
|
(1) the district; or |
|
(2) territory proposed to be annexed to the district. |
|
(Acts 62nd Leg., R.S., Ch. 872, Sec. 1A(a).) |
|
Sec.1070.152.PETITION TO ANNEX TERRITORY. (a) A petition |
|
requesting that territory be annexed to the district may be |
|
presented to the board. The petition must: |
|
(1) describe the tract or tracts of land to be annexed; |
|
and |
|
(2) be signed by 100 or a majority of the registered |
|
voters who: |
|
(A) reside in the territory to be annexed; and |
|
(B) own property that will be subject to district |
|
taxation if the territory is annexed. |
|
(b) This chapter does not prohibit simultaneous action on |
|
several petitions for annexation. Each ballot proposition must be |
|
submitted for each different territory proposed to be annexed, and |
|
an election held in each territory represented by a petition. |
|
(c) If the board receives two or more petitions for |
|
annexation that include all or part of the same territory to be |
|
annexed to the district, the petition filed first with the board |
|
shall be considered and another petition that includes any of the |
|
same territory has no effect. |
|
(d) The board may consider all petitions for annexation |
|
presented to it and may approve or reject each petition. The board |
|
may not partly approve or partly reject any petition. (Acts 62nd |
|
Leg., R.S., Ch. 872, Secs. 1A(b) (part), (f).) |
|
Sec.1070.153.ELECTION ORDER. (a) If, on receipt of a |
|
petition, the board finds that annexing the territory is in the |
|
district's best interest, the board shall within 90 days of the |
|
board's finding: |
|
(1) approve the annexation of the territory described |
|
in the petition; and |
|
(2) order an election on the question of annexing the |
|
territory to the district. |
|
(b) The election order shall provide for a separate |
|
election: |
|
(1) in the territory proposed to be annexed; and |
|
(2) in the district. |
|
(c) The election order shall provide for clerks as in county |
|
elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the form of ballot; and |
|
(4) the presiding judge and alternate judge for each |
|
polling place. |
|
(d) The election order may provide that: |
|
(1) the entire district is one election precinct; or |
|
(2) the county election precincts be combined for the |
|
election. (Acts 62nd Leg., R.S., Ch. 872, Secs. 1A(b) (part), (d) |
|
(part), 3(a) (part).) |
|
Sec.1070.154.BALLOT. The ballot for the election shall be |
|
printed to permit voting for or against the proposition: "The |
|
establishment of the Hansford County Hospital District with |
|
extended boundaries and establishment of a hospital district tax at |
|
a rate not to exceed 50 cents on the $100 valuation on all taxable |
|
property in the extended boundaries of the hospital district that |
|
is subject to hospital district taxation for hospital purposes." |
|
(Acts 62nd Leg., R.S., Ch. 872, Sec. 1A(b) (part).) |
|
Sec.1070.155.NOTICE OF ELECTION. (a) Notice of the |
|
election shall be given by publishing once a week for two |
|
consecutive weeks a substantial copy of the election order in a |
|
newspaper or newspapers that individually or collectively have |
|
general circulation in the county or district. |
|
(b) The first publication must appear at least 30 days |
|
before the date of the election. (Acts 62nd Leg., R.S., Ch. 872, |
|
Secs. 1A(d) (part), 3(a) (part).) |
|
Sec.1070.156.ELECTION RESULTS. (a) Territory may not be |
|
annexed to the district unless: |
|
(1) an election is held in accordance with this |
|
subchapter; and |
|
(2) the annexation is approved by a majority of the |
|
voters voting in the election in: |
|
(A) the district; and |
|
(B) the territory proposed to be annexed. |
|
(b) If the territory is annexed to the district, a certified |
|
copy of the order canvassing the returns of the election shall be |
|
filed and recorded in the deed records of each county in which the |
|
district is located following the annexation election. |
|
(c) An election may not be held under this subchapter |
|
within six months of an election previously held under this |
|
subchapter. (Acts 62nd Leg., R.S., Ch. 872, Secs. 1A(c), (d) |
|
(part), (e), 3(a) (part).) |
|
Sec.1070.157.EFFECT OF ANNEXATION. (a) Territory |
|
annexed to the district is part of the district for all purposes. |
|
(b) The annexation of territory to the district does not |
|
change the manner in which the board or district officers are |
|
selected. (Acts 62nd Leg., R.S., Ch. 872, Sec. 1A(g).) |
|
[Sections 1070.158-1070.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec.1070.201.BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand in each district fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the proposed budget; |
|
(7) the estimated tax rate required; and |
|
(8) the proposed expenditures and disbursements and |
|
the estimated receipts and collections for the following fiscal |
|
year. (Acts 62nd Leg., R.S., Ch. 872, Sec. 6 (part).) |
|
Sec.1070.202.NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) At least 10 days before the date of the hearing, notice |
|
of the hearing shall be published one time in a newspaper or |
|
newspapers that individually or collectively have general |
|
circulation in the district. |
|
(c) Any property taxpayer of the district is entitled to be |
|
present and participate at the hearing in accordance with the rules |
|
of decorum and procedures prescribed by the board. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the taxpayers |
|
and that the law warrants. (Acts 62nd Leg., R.S., Ch. 872, Sec. 6 |
|
(part).) |
|
Sec.1070.203.AMENDMENTS TO BUDGET. The annual budget may |
|
be amended as required by circumstances. The board must approve all |
|
amendments. (Acts 62nd Leg., R.S., Ch. 872, Sec. 6 (part).) |
|
Sec.1070.204.RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 62nd Leg., R.S., Ch. 872, Sec. 6 (part).) |
|
Sec.1070.205.FISCAL YEAR. (a) The district operates on a |
|
fiscal year established by the board. |
|
(b) The fiscal year may not be changed more than once in a |
|
24-month period. (Acts 62nd Leg., R.S., Ch. 872, Sec. 6 (part).) |
|
Sec.1070.206.AUDIT. (a) The board shall have an |
|
independent audit made of the district's financial condition for |
|
the fiscal year. |
|
(b) As soon as the audit is completed, the audit shall be |
|
filed at the district's office. (Acts 62nd Leg., R.S., Ch. 872, |
|
Sec. 6 (part).) |
|
Sec.1070.207.INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
The audit and other district records shall be open to inspection at |
|
the district's principal office. (Acts 62nd Leg., R.S., Ch. 872, |
|
Sec. 6 (part).) |
|
Sec.1070.208.FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 62nd Leg., R.S., Ch. 872, Sec. 6 (part).) |
|
Sec.1070.209.DEPOSITORY. (a) The board shall select one |
|
or more banks inside or outside the district to serve as a |
|
depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1070.210(b), and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to: |
|
(1) place a part of district money on time deposit; |
|
(2) purchase certificates of deposit; or |
|
(3) make other investments authorized by Chapter 2256, |
|
Government Code. (Acts 62nd Leg., R.S., Ch. 872, Sec. 11.) |
|
Sec.1070.210.SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Sections 1070.062, 1070.063, |
|
1070.064, 1070.108(c), and 1070.211 and by Subchapter F, the |
|
district may not incur an obligation payable from district revenue |
|
other than the revenue on hand or to be on hand in the current and |
|
following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building money only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 62nd Leg., R.S., Ch. 872, Secs. 5(a) |
|
(part), 10 (part).) |
|
Sec.1070.211.AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
The district may borrow money for district operating expenses in an |
|
amount not to exceed the amount of tax or other revenue the district |
|
expects to receive during the fiscal year in which the money is |
|
borrowed. |
|
(b) To repay the debt, the board may pledge all or part of |
|
the tax or other revenue received during the fiscal year in which |
|
the board borrows money under this section. (Acts 62nd Leg., R.S., |
|
Ch. 872, Sec. 15(d).) |
|
[Sections 1070.212-1070.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec.1070.251.OBLIGATIONS AND CREDIT AGREEMENTS. The |
|
district may issue, sell, and deliver obligations and execute |
|
corresponding credit agreements in the manner provided by Chapters |
|
1201 and 1371, Government Code. (Acts 62nd Leg., R.S., Ch. 872, |
|
Sec. 8A.) |
|
Sec.1070.252.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
and ancillary health care purposes. (Acts 62nd Leg., R.S., Ch. 872, |
|
Sec. 7 (part).) |
|
Sec.1070.253.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued under Section |
|
1070.252, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
tax rate approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 62nd Leg., R.S., Ch. 872, Sec. 7 |
|
(part).) |
|
Sec.1070.254.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The order calling the election shall provide for clerks |
|
as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum interest rate of the bonds; and |
|
(6) the maximum maturity of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. (Acts 62nd Leg., R.S., Ch. 872, |
|
Sec. 7 (part).) |
|
Sec.1070.255.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital or ancillary health |
|
care purposes; or |
|
(2) acquire sites to be used for hospital or ancillary |
|
health care purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospitals or ancillary health care facilities. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for |
|
issuance of revenue bonds by a county hospital authority. (Acts |
|
62nd Leg., R.S., Ch. 872, Sec. 8(b) (part).) |
|
Sec.1070.256.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 62nd |
|
Leg., R.S., Ch. 872, Secs. 8(a) (part), (b) (part).) |
|
Sec.1070.257.MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after the date of issuance. (Acts |
|
62nd Leg., R.S., Ch. 872, Sec. 8(c) (part).) |
|
Sec.1070.258.EXECUTION OF BONDS. (a) The board president |
|
shall execute district bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. (Acts 62nd Leg., |
|
R.S., Ch. 872, Sec. 8(c) (part).) |
|
Sec.1070.259.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 62nd |
|
Leg., R.S., Ch. 872, Sec. 21 (part).) |
|
[Sections 1070.260-1070.300 reserved for expansion] |
|
SUBCHAPTER G. TAXES |
|
Sec.1070.301.IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds and other obligations issued or assumed by the district for |
|
hospital purposes; |
|
(2) provide for the operation and maintenance of the |
|
district and hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 62nd Leg., R.S., Ch. 872, |
|
Secs. 12 (part), 15(a) (part).) |
|
Sec.1070.302.TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 50 cents on each $100 valuation of taxable |
|
property in the district unless the maximum tax rate is increased as |
|
provided by Section 1070.303. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 62nd |
|
Leg., R.S., Ch. 872, Secs. 3(b) (part), 12 (part).) |
|
Sec.1070.303.ELECTION TO INCREASE MAXIMUM TAX RATE. (a) |
|
The board may order an election to increase the district's maximum |
|
tax rate to a rate not to exceed 75 cents on each $100 valuation of |
|
taxable property in the district. |
|
(b) The maximum tax rate may not be increased unless the |
|
increase is approved by a majority of the district voters voting in |
|
an election held for that purpose. |
|
(c) An election held under this section must be ordered and |
|
notice must be given in the manner provided for a bond election |
|
under Subchapter F. |
|
(d) The election order must specify: |
|
(1) the ballot proposition; |
|
(2) the proposed maximum tax rate; |
|
(3) the time of the election; |
|
(4) the location of the polling places; and |
|
(5) the presiding judge for each polling place. (Acts |
|
62nd Leg., R.S., Ch. 872, Sec. 3(d).) |
|
Sec.1070.304.TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 62nd Leg., R.S., Ch. 872, Sec. |
|
15(c).) |
|
CHAPTER 1071. OCHILTREE COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1071.001. DEFINITIONS |
|
Sec. 1071.002. AUTHORITY FOR OPERATION |
|
Sec. 1071.003. ESSENTIAL PUBLIC FUNCTION; POLITICAL |
|
SUBDIVISION |
|
Sec. 1071.004. DISTRICT TERRITORY |
|
Sec. 1071.005. CORRECTION OF INVALID PROCEDURES |
|
[Sections 1071.006-1071.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1071.051. BOARD ELECTION; TERM |
|
Sec. 1071.052. NOTICE OF ELECTION |
|
Sec. 1071.053. BALLOT PETITION |
|
Sec. 1071.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1071.055. BOND; RECORD OF BOND AND OATH OR |
|
AFFIRMATION OF OFFICE |
|
Sec. 1071.056. BOARD VACANCY |
|
Sec. 1071.057. OFFICERS |
|
Sec. 1071.058. COMPENSATION; EXPENSES |
|
Sec. 1071.059. VOTING REQUIREMENT |
|
Sec. 1071.060. DISTRICT ADMINISTRATOR |
|
Sec. 1071.061. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1071.062. EMPLOYEES |
|
Sec. 1071.063. RECRUITMENT OF MEDICAL STAFF AND |
|
EMPLOYEES |
|
Sec. 1071.064. APPOINTMENT AND REMOVAL OF MEDICAL |
|
STAFF |
|
Sec. 1071.065. HEALTH CARE EDUCATIONAL PROGRAMS |
|
Sec. 1071.066. RETIREMENT BENEFITS |
|
Sec. 1071.067. LIABILITY INSURANCE; INDEMNIFICATION |
|
Sec. 1071.068. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1071.069. SEAL |
|
[Sections 1071.070-1071.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1071.101. DISTRICT RESPONSIBILITY |
|
Sec. 1071.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION |
|
Sec. 1071.103. MANAGEMENT AND CONTROL |
|
Sec. 1071.104. HOSPITAL SYSTEM |
|
Sec. 1071.105. RULES |
|
Sec. 1071.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1071.107. MOBILE EMERGENCY MEDICAL SERVICE |
|
Sec. 1071.108. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1071.109. EMINENT DOMAIN |
|
Sec. 1071.110. GIFTS AND ENDOWMENTS |
|
Sec. 1071.111. CONTRACTS FOR CARE AND TREATMENT |
|
Sec. 1071.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1071.113. PROVISION OF SERVICES OUTSIDE DISTRICT |
|
Sec. 1071.114. JOINT ADMINISTRATION OR DELIVERY OF |
|
HEALTH CARE SERVICES |
|
Sec. 1071.115. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1071.116. REIMBURSEMENT FOR SERVICES |
|
Sec. 1071.117. NONPROFIT CORPORATION |
|
Sec. 1071.118. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1071.119-1071.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1071.151. BUDGET |
|
Sec. 1071.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1071.153. FISCAL YEAR |
|
Sec. 1071.154. ANNUAL AUDIT |
|
Sec. 1071.155. DEPOSITORY OR TREASURER |
|
Sec. 1071.156. AUTHORITY TO BORROW MONEY |
|
[Sections 1071.157-1071.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1071.201. GENERAL OBLIGATION BONDS |
|
Sec. 1071.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1071.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1071.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1071.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1071.206. REVENUE BONDS |
|
Sec. 1071.207. REFUNDING BONDS |
|
Sec. 1071.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1071.209-1071.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1071.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1071.252. TAX RATE |
|
Sec. 1071.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1071. OCHILTREE COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.1071.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Ochiltree County Hospital |
|
District. (New.) |
|
Sec.1071.002.AUTHORITY FOR OPERATION. The district |
|
operates under the authority of and has the powers and |
|
responsibilities provided by Section 11, Article IX, Texas |
|
Constitution. (Acts 57th Leg., R.S., Ch. 103, Sec. 1 (part).) |
|
Sec. 1071.003. ESSENTIAL PUBLIC FUNCTION; POLITICAL |
|
SUBDIVISION. The district is: |
|
(1) a public entity performing an essential public |
|
function; and |
|
(2) a political subdivision of this state. (Acts 57th |
|
Leg., R.S., Ch. 103, Secs. 6A(c) (part), 18 (part).) |
|
Sec.1071.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Ochiltree County. |
|
(Acts 57th Leg., R.S., Ch. 103, Sec. 1 (part).) |
|
Sec.1071.005.CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 57th Leg., R.S., Ch. 103, Sec. 19 (part).) |
|
[Sections 1071.006-1071.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.1071.051.BOARD ELECTION; TERM. (a) The board |
|
consists of five directors elected from the district at large. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; and |
|
(2) an election shall be held on the uniform election |
|
date in May of each year to elect the appropriate number of |
|
directors. (Acts 57th Leg., R.S., Ch. 103, Secs. 3(a) (part), (e) |
|
(part).) |
|
Sec.1071.052.NOTICE OF ELECTION. Not earlier than the |
|
30th day or later than the 10th day before the date of an election of |
|
directors, notice of the election shall be published one time in a |
|
newspaper of general circulation in Ochiltree County. (Acts 57th |
|
Leg., R.S., Ch. 103, Sec. 3(e) (part).) |
|
Sec.1071.053.BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by at least 25 registered voters; and |
|
(2) filed not later than the 25th day before the date |
|
of the election. (Acts 57th Leg., R.S., Ch. 103, Sec. 3(e) (part).) |
|
Sec.1071.054.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) a district resident; and |
|
(2) more than 21 years of age. |
|
(b) An employee or medical staff member of the district may |
|
not serve as a director. (Acts 57th Leg., R.S., Ch. 103, Sec. 3(b) |
|
(part).) |
|
Sec. 1071.055. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
|
OF OFFICE. (a) Each director shall execute a good and sufficient |
|
bond for $1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district may pay for the directors' bonds with |
|
district money. |
|
(c) Each director's bond and constitutional oath or |
|
affirmation of office shall be deposited with the district's |
|
depository bank for safekeeping. (Acts 57th Leg., R.S., Ch. 103, |
|
Sec. 3(c) (part).) |
|
Sec.1071.056.BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of director, the remaining directors shall appoint a |
|
director for the unexpired term. |
|
(b) If the number of directors is reduced to fewer than |
|
three for any reason, the remaining directors shall immediately |
|
call a special election to fill the vacancies. If the remaining |
|
directors do not call the election, a district court, on |
|
application of a district voter or taxpayer, may order the |
|
directors to hold the election. (Acts 57th Leg., R.S., Ch. 103, |
|
Sec. 3(d) (part).) |
|
Sec.1071.057.OFFICERS. The board shall elect from among |
|
its members a president and a secretary. (Acts 57th Leg., R.S., Ch. |
|
103, Sec. 3(d) (part).) |
|
Sec.1071.058.COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in the performance of official duties on approval of the |
|
expenses by the entire board. (Acts 57th Leg., R.S., Ch. 103, Sec. |
|
4 (part).) |
|
Sec.1071.059.VOTING REQUIREMENT. A concurrence of three |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 57th Leg., R.S., Ch. 103, Sec. 3(d) (part).) |
|
Sec.1071.060.DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and receives the compensation determined by the board. (Acts |
|
57th Leg., R.S., Ch. 103, Sec. 8(b) (part).) |
|
Sec.1071.061.GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. (Acts |
|
57th Leg., R.S., Ch. 103, Sec. 8(b) (part).) |
|
Sec.1071.062.EMPLOYEES. (a) The board may employ a |
|
general manager, attorney, bookkeeper, and architect. |
|
(b) The board may employ technicians, nurses, fiscal |
|
agents, accountants, and other necessary employees. |
|
(c) The board may delegate to the district administrator the |
|
authority to hire employees under Subsection (b). (Acts 57th Leg., |
|
R.S., Ch. 103, Secs. 8(a) (part), (c) (part).) |
|
Sec.1071.063.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 district employees, including: |
|
(1) advertising and marketing; |
|
(2) paying travel, recruitment, and relocation |
|
expenses; |
|
(3) providing a loan or scholarship to a physician or a |
|
person who: |
|
(A) is currently enrolled in health care |
|
education courses at an institution of higher education; and |
|
(B) contractually agrees to become a district |
|
employee or medical staff member; and |
|
(4) providing on a rent-free basis or subsidizing the |
|
cost of office space or other facilities for a health care |
|
professional, including a physician. (Acts 57th Leg., R.S., Ch. |
|
103, Secs. 8B(a), (k).) |
|
Sec.1071.064.APPOINTMENT AND REMOVAL OF MEDICAL STAFF. |
|
(a) The board may appoint to or remove from the medical staff any |
|
doctors as necessary for the efficient operation of the district |
|
and may make temporary appointments as necessary. |
|
(b) The board may adopt policies relating to the appointment |
|
and removal of medical staff members. (Acts 57th Leg., R.S., Ch. |
|
103, Sec. 8(d) (part).) |
|
Sec.1071.065.HEALTH CARE EDUCATIONAL PROGRAMS. The |
|
board may spend district money, enter into agreements, or take |
|
other necessary action to conduct, participate in, or assist in |
|
providing health care educational programs for current or |
|
prospective medical staff members or employees of the district. |
|
(Acts 57th Leg., R.S., Ch. 103, Sec. 8B(l).) |
|
Sec.1071.066.RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 57th Leg., R.S., Ch. |
|
103, Sec. 8B(m).) |
|
Sec.1071.067.LIABILITY INSURANCE; INDEMNIFICATION. (a) |
|
The board may defend or indemnify an officer, director, board |
|
appointee, medical staff member, or district employee against or |
|
from a claim, expense, or liability arising from duties performed |
|
in that capacity. |
|
(b) The board may purchase liability insurance coverage or |
|
establish a self-insurance program to fund an indemnity obligation |
|
under this section. (Acts 57th Leg., R.S., Ch. 103, Sec. 4 (part).) |
|
Sec.1071.068.MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
Except as provided by Section 1071.055, all district records, |
|
including books, accounts, notices, minutes, and all other matters |
|
of the district and the operation of its facilities, shall be: |
|
(1) maintained at the district office; and |
|
(2) open to public inspection at the district office |
|
at all reasonable hours. (Acts 57th Leg., R.S., Ch. 103, Sec. |
|
8(e).) |
|
Sec.1071.069.SEAL. The board may adopt a seal for the |
|
district. (Acts 57th Leg., R.S., Ch. 103, Sec. 8(a) (part).) |
|
[Sections 1071.070-1071.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.1071.101.DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy and indigent residents. (Acts 57th Leg., R.S., |
|
Ch. 103, Sec. 13 (part).) |
|
Sec. 1071.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION. Ochiltree County or a municipality in Ochiltree County |
|
may not impose a tax for hospital purposes. (Acts 57th Leg., R.S., |
|
Ch. 103, Sec. 13 (part).) |
|
Sec.1071.103.MANAGEMENT AND CONTROL. The management and |
|
control of the district is vested in the board. (Acts 57th Leg., |
|
R.S., Ch. 103, Sec. 4 (part).) |
|
Sec.1071.104.HOSPITAL SYSTEM. (a) The district may |
|
provide for the establishment of a hospital or hospital system to |
|
provide medical and hospital care to the district's needy |
|
residents. |
|
(b) The hospital system may include: |
|
(1) facilities and equipment for domiciliary care and |
|
treatment of sick, injured, or geriatric patients; |
|
(2) outpatient clinics; |
|
(3) rural health clinics; |
|
(4) convalescent home facilities; |
|
(5) assisted living or personal care facilities; |
|
(6) physicians' offices; |
|
(7) home health care services; |
|
(8) durable medical equipment; |
|
(9) long-term care; |
|
(10) skilled nursing care; |
|
(11) intermediate nursing care; |
|
(12) hospice care; |
|
(13) community mental health centers; |
|
(14) alcohol or chemical dependency centers; and |
|
(15) any other facilities or equipment the board |
|
considers necessary for hospital purposes. (Acts 57th Leg., R.S., |
|
Ch. 103, Secs. 2 (part), 8B(b) (part).) |
|
Sec.1071.105.RULES. (a) The board may adopt rules |
|
governing the operation of the district, including district |
|
facilities. |
|
(b) On approval by the board, the rules may be published in |
|
booklet form at district expense and made available to any taxpayer |
|
on request. (Acts 57th Leg., R.S., Ch. 103, Sec. 8(f).) |
|
Sec.1071.106.PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
The board may prescribe the method and manner of making purchases |
|
and expenditures by and for the district. |
|
(b) The board shall prescribe: |
|
(1) all accounting and control procedures; and |
|
(2) the method of purchasing necessary supplies, |
|
materials, and equipment. (Acts 57th Leg., R.S., Ch. 103, Sec. 8(a) |
|
(part).) |
|
Sec.1071.107.MOBILE EMERGENCY MEDICAL SERVICE. The |
|
district may operate or assist in the operation of a mobile |
|
emergency medical service as part of the hospital system. (Acts |
|
57th Leg., R.S., Ch. 103, Sec. 8B(b) (part).) |
|
Sec. 1071.108. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of facilities |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The board may: |
|
(1) acquire by lease, purchase, or lease to purchase |
|
or may construct, repair, or renovate property, including |
|
facilities or equipment, for use in the district's hospital system; |
|
and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(c) The board may lease hospital facilities for the |
|
district. |
|
(d) The board may lease, sell, or otherwise dispose of all |
|
or part of the district's property for the district, including |
|
facilities or equipment, to a public or private entity. |
|
(e) The district may operate any facility covered by this |
|
section or contract with any person to manage or operate the |
|
facility. (Acts 57th Leg., R.S., Ch. 103, Secs. 8B(a), (b) (part), |
|
(c), (d), (e), (f).) |
|
Sec.1071.109.EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property, real, personal, or mixed, |
|
located in district territory, if the interest is necessary or |
|
convenient for the district to exercise a right, power, privilege, |
|
or function conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or writ of error. (Acts 57th Leg., R.S., Ch. 103, Sec. |
|
10.) |
|
Sec.1071.110.GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 57th Leg., R.S., Ch. 103, |
|
Sec. 16.) |
|
Sec.1071.111.CONTRACTS FOR CARE AND TREATMENT. (a) The |
|
board may contract with a hospital, hospital authority, or |
|
political subdivision of this state located outside the district's |
|
boundaries to reimburse the district for the care and treatment of a |
|
sick or injured person of that entity. |
|
(b) The board may contract with this state or a federal |
|
agency for the state or agency to reimburse the district for the |
|
treatment of a sick or injured person. (Acts 57th Leg., R.S., Ch. |
|
103, Sec. 8B(h) (part).) |
|
Sec. 1071.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency to provide |
|
investigatory or other services related to facilities for the |
|
medical care, hospital, or welfare needs of district inhabitants. |
|
(Acts 57th Leg., R.S., Ch. 103, Sec. 8B(h) (part).) |
|
Sec.1071.113.PROVISION OF SERVICES OUTSIDE DISTRICT. |
|
Subject to board approval the district may provide primary care, |
|
emergency services, preventative medical services, and other |
|
health-related services outside the district, provided that the |
|
services serve the purpose of the district as established by this |
|
chapter. (Acts 57th Leg., R.S., Ch. 103, Sec. 8B(g).) |
|
Sec. 1071.114. JOINT ADMINISTRATION OR DELIVERY OF HEALTH |
|
CARE SERVICES. (a) To provide joint administration or delivery of |
|
health care services, the district may contract with, affiliate |
|
with, or enter into another arrangement with: |
|
(1) a managed care system; |
|
(2) a preferred provider organization; |
|
(3) a health maintenance organization; |
|
(4) another provider of an alternative health care or |
|
delivery system; or |
|
(5) a private hospital. |
|
(b) The district may spend district money to establish and |
|
maintain a partnership, corporation, or other entity involved in |
|
the delivery of health care services. (Acts 57th Leg., R.S., Ch. |
|
103, Sec. 8B(i).) |
|
Sec.1071.115.PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in Ochiltree County is admitted to a |
|
district facility, the board shall have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives who are legally liable for |
|
the patient's support. |
|
(b) If an agent designated by the district to handle the |
|
inquiry determines that the patient or those relatives cannot pay |
|
all or part of the costs of the patient's care and treatment in the |
|
hospital, the amount of the costs that cannot be paid becomes a |
|
charge against the district. |
|
(c) If it is determined that the patient or those relatives |
|
are liable to pay for all or part of the costs of the patient's care |
|
and treatment, the patient or those relatives shall be ordered to |
|
pay to the district's treasurer a specified amount each week for the |
|
patient's support. The amount ordered must be proportionate to the |
|
person's financial ability and may not exceed the actual per capita |
|
cost of maintenance. |
|
(d) The district may collect the amount from the patient's |
|
estate, or from any relative who is legally liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district's designated agent, the board shall hold |
|
a hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue an appropriate order. |
|
(f) Either party to the dispute may appeal the order to the |
|
district court. (Acts 57th Leg., R.S., Ch. 103, Sec. 14.) |
|
Sec.1071.116.REIMBURSEMENT FOR SERVICES. (a) The board |
|
shall require a county, municipality, or public hospital located |
|
outside the district to reimburse the district for the district's |
|
care and treatment of a sick or injured person for whom that county, |
|
municipality, or public hospital has an obligation to provide care, |
|
as provided by Chapter 61, Health and Safety Code. |
|
(b) The board shall seek reimbursement under Article |
|
104.002, Code of Criminal Procedure, for the district's care and |
|
treatment of a person who is confined in an Ochiltree County jail |
|
facility and is not a district resident. (Acts 57th Leg., R.S., Ch. |
|
103, Secs. 14A(a) (part), (b).) |
|
Sec.1071.117.NONPROFIT CORPORATION. (a) The district |
|
may create and sponsor a nonprofit corporation under the Business |
|
Organizations Code and may contribute money to or solicit money for |
|
the corporation. |
|
(a-1) On or before December 31, 2009, the district may |
|
create and sponsor a nonprofit corporation under the Texas |
|
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's |
|
Texas Civil Statutes) or the Business Organizations Code, as |
|
applicable, and may contribute money to or solicit money for the |
|
corporation. |
|
(b) The corporation may use money, other than money the |
|
corporation pays to the district, only to provide health care or |
|
other services the district is authorized to provide under this |
|
chapter. |
|
(c) The corporation may invest the corporation's money in |
|
any manner in which the district may invest the district's money, |
|
including investing money as authorized by Chapter 2256, Government |
|
Code. |
|
(d) The board shall establish controls to ensure that the |
|
corporation uses its money as required by this section. |
|
(e) This subsection and Subsection (a-1) expire December |
|
31, 2009. (Acts 57th Leg., R.S., Ch. 103, Sec. 8B(j).) |
|
Sec.1071.118.AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district may sue and be sued in its own |
|
name in any court of this state. (Acts 57th Leg., R.S., Ch. 103, |
|
Sec. 18 (part).) |
|
[Sections 1071.119-1071.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.1071.151.BUDGET. The board annually shall require a |
|
budget to be prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 57th Leg., R.S., Ch. 103, Sec. 9(b) (part).) |
|
Sec.1071.152.PROPOSED BUDGET:NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in Ochiltree County not later |
|
than the 10th day before the date of the hearing. |
|
(c) Any district taxpayer is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. (Acts 57th Leg., R.S., Ch. 103, Sec. 9(b) (part).) |
|
Sec.1071.153.FISCAL YEAR. The district operates on a |
|
fiscal year that begins on October 1 and ends on September 30. (Acts |
|
57th Leg., R.S., Ch. 103, Sec. 9(a) (part).) |
|
Sec.1071.154.ANNUAL AUDIT. (a) The board annually shall |
|
have an independent audit made of the district's books and records |
|
for the fiscal year. |
|
(b) Not later than December 31 each year, the audit shall be |
|
filed: |
|
(1) with the comptroller; and |
|
(2) at the district office. (Acts 57th Leg., R.S., Ch. |
|
103, Sec. 9(a) (part).) |
|
Sec.1071.155.DEPOSITORY OR TREASURER. (a) The board by |
|
resolution shall designate a bank or banks in Ochiltree County as |
|
the district's depository or treasurer. A designated bank serves |
|
for three years and until a successor is designated. |
|
(b) All income received by the district shall be deposited |
|
in the district depository. |
|
(c) All district money shall be secured in the manner |
|
provided for securing county funds. (Acts 57th Leg., R.S., Ch. 103, |
|
Secs. 5(b) (part), 11.) |
|
Sec.1071.156.AUTHORITY TO BORROW MONEY. The board may |
|
borrow money for district purposes on district credit or secured by |
|
district revenue. (Acts 57th Leg., R.S., Ch. 103, Sec. 6B (part).) |
|
[Sections 1071.157-1071.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.1071.201.GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for health care purposes and for any |
|
purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 57th Leg., R.S., Ch. 103, Secs. 6(a), (b) (part).) |
|
Sec.1071.202.TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1071.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of all taxable property in the |
|
district. (Acts 57th Leg., R.S., Ch. 103, Sec. 6(b) (part).) |
|
Sec.1071.203.GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order the election on its own motion. |
|
(c) The order calling the election must specify: |
|
(1) the location of the polling places; |
|
(2) the presiding election officers; |
|
(3) the purpose of the bond issuance; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum interest rate of the bonds; and |
|
(6) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the order calling the election in a newspaper of |
|
general circulation in Ochiltree County once a week for two |
|
consecutive weeks before the date of the election. The first |
|
publication must occur at least 14 days before the date of the |
|
election. (Acts 57th Leg., R.S., Ch. 103, Sec. 6(d) (part).) |
|
Sec.1071.204.MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 57th Leg., R.S., Ch. 103, |
|
Sec. 6(d) (part).) |
|
Sec.1071.205.EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute the general obligation bonds in |
|
the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
57th Leg., R.S., Ch. 103, Sec. 6(c) (part).) |
|
Sec.1071.206.REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital or health care |
|
purposes; or |
|
(2) acquire sites for hospital or health care |
|
purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's facilities. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in accordance with the |
|
procedures and requirements prescribed by Sections 264.042, |
|
264.043, and 264.046-264.049, Health and Safety Code, for issuance |
|
of revenue bonds by a county hospital authority. (Acts 57th Leg., |
|
R.S., Ch. 103, Sec. 6A(b) (part).) |
|
Sec.1071.207.REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding bonds |
|
issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the bonds to be refunded; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar amount of outstanding bonds and the unpaid matured interest |
|
on the bonds. (Acts 57th Leg., R.S., Ch. 103, Secs. 6(d) (part), |
|
(e) (part), 6A(b) (part).) |
|
Sec.1071.208.BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 57th |
|
Leg., R.S., Ch. 103, Sec. 6A(c) (part).) |
|
[Sections 1071.209-1071.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec.1071.251.IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the annual budget, the board shall impose a tax on all |
|
property in the district subject to district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued or assumed by the district for hospital purposes; |
|
(2) provide for operation and maintenance of the |
|
hospital and hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 57th Leg., R.S., Ch. 103, |
|
Secs. 5(a) (part), (b) (part), 9(b) (part).) |
|
Sec.1071.252.TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 57th Leg., R.S., Ch. 103, Sec. 5(a) |
|
(part).) |
|
Sec.1071.253.TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector of Ochiltree County shall assess and collect |
|
taxes imposed by the district. (Acts 57th Leg., R.S., Ch. 103, |
|
Secs. 5(b) (part), 9(b) (part).) |
|
SECTION 1.03. Subtitle C, Title 4, Special District Local |
|
Laws Code, is amended by adding Chapter 3846 to read as follows: |
|
CHAPTER 3846. EAST MONTGOMERY COUNTY IMPROVEMENT DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 3846.001. DEFINITIONS |
|
Sec. 3846.002. EAST MONTGOMERY COUNTY IMPROVEMENT |
|
DISTRICT |
|
Sec. 3846.003. PURPOSE; DECLARATION OF INTENT |
|
Sec. 3846.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 3846.005. DISTRICT TERRITORY |
|
Sec. 3846.006. TORT LIABILITY |
|
[Sections 3846.007-3846.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 3846.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 3846.052. ELECTION OF DIRECTORS |
|
Sec. 3846.053. QUALIFICATIONS OF DIRECTOR |
|
Sec. 3846.054. PARTICIPATION IN VOTING |
|
Sec. 3846.055. LAW GOVERNING ADMINISTRATION OF BOARD |
|
Sec. 3846.056. OFFICERS |
|
[Sections 3846.057-3846.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 3846.101. GENERAL POWERS OF DISTRICT |
|
Sec. 3846.102. RULES |
|
Sec. 3846.103. SPECIFIC POWERS RELATING TO IMPROVEMENT |
|
PROJECTS OR SERVICES |
|
Sec. 3846.104. CONTRACTS; GRANTS; DONATIONS |
|
Sec. 3846.105. PEACE OFFICERS |
|
Sec. 3846.106. ECONOMIC DEVELOPMENT PROGRAMS |
|
Sec. 3846.107. ANNEXATION OR EXCLUSION OF TERRITORY |
|
Sec. 3846.108. NO EMINENT DOMAIN POWER |
|
[Sections 3846.109-3846.150 reserved for expansion] |
|
SUBCHAPTER D. FINANCIAL PROVISIONS |
|
Sec. 3846.151. SALES AND USE TAX; EXCISE TAX |
|
Sec. 3846.152. TAX ELECTION PROCEDURES |
|
Sec. 3846.153. BALLOT WORDING |
|
Sec. 3846.154. IMPOSITION, COMPUTATION, |
|
ADMINISTRATION, AND GOVERNANCE OF |
|
TAXES |
|
Sec. 3846.155. TAX RATES |
|
Sec. 3846.156. ABOLITION OF TAX |
|
Sec. 3846.157. USE OF TAX |
|
Sec. 3846.158. EFFECTIVE DATE OF TAX OR TAX CHANGE |
|
Sec. 3846.159. AD VALOREM TAX PROHIBITED |
|
Sec. 3846.160. FEES; CHARGES |
|
Sec. 3846.161. CERTAIN RESIDENTIAL PROPERTY EXEMPT |
|
Sec. 3846.162. BORROWING MONEY |
|
Sec. 3846.163. PAYMENT OF EXPENSES |
|
Sec. 3846.164. BONDS |
|
[Sections 3846.165-3846.200 reserved for expansion] |
|
SUBCHAPTER E. DISSOLUTION |
|
Sec. 3846.201. DISSOLUTION BY BOARD ORDER |
|
Sec. 3846.202. ADMINISTRATION OF DISTRICT PROPERTY |
|
FOLLOWING DISSOLUTION |
|
CHAPTER 3846. EAST MONTGOMERY COUNTY IMPROVEMENT DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.3846.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "District" means the East Montgomery County |
|
Improvement District. (Acts 75th Leg., R.S., Ch. 1316, Secs. 3(1), |
|
(2).) |
|
Sec. 3846.002. EAST MONTGOMERY COUNTY IMPROVEMENT |
|
DISTRICT. A special district known as the "East Montgomery County |
|
Improvement District" is a governmental agency and political |
|
subdivision of this state. (Acts 75th Leg., R.S., Ch. 1316, Sec. |
|
1(a).) |
|
Sec.3846.003.PURPOSE; DECLARATION OF INTENT. (a) The |
|
creation of the district is essential to accomplish the purposes of |
|
Section 52, Article III, and Section 59, Article XVI, Texas |
|
Constitution, and other public purposes stated in this chapter. |
|
(b) The creation of the district is necessary to promote, |
|
develop, encourage, and maintain employment, commerce, economic |
|
development, and the public welfare in the eastern area of |
|
Montgomery County. |
|
(c) This chapter does not relieve Montgomery County or a |
|
governmental agency, political subdivision, or municipality from |
|
providing the level of services provided by the entity as of August |
|
31, 1997, to the area of the district or to release the entity from |
|
the obligations each entity has to provide services to that area. |
|
The district is created to supplement and not to supplant the |
|
county, governmental agency, political subdivision, or municipal |
|
services provided in the district. (Acts 75th Leg., R.S., Ch. 1316, |
|
Sec. 2.) |
|
Sec.3846.004.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works, projects, improvements, and services |
|
to be provided by the district under powers granted by Section 52, |
|
Article III, and Section 59, Article XVI, Texas Constitution, and |
|
other powers granted under this chapter. |
|
(c) Each improvement project authorized by this chapter is |
|
essential to carry out a public purpose. |
|
(d) The creation of the district is in the public interest |
|
and is essential to: |
|
(1) further the public purposes of developing and |
|
diversifying the economy of the state; |
|
(2) eliminate unemployment and underemployment; and |
|
(3) develop or expand transportation and commerce. |
|
(e) The district will: |
|
(1) promote the health, safety, and general welfare of |
|
residents, employers, employees, and consumers in the district and |
|
of the public; |
|
(2) promote and develop public transportation and |
|
pedestrian facilities and systems by new and alternative means, |
|
including securing expanded and improved transportation and |
|
pedestrian facilities and systems; |
|
(3) provide needed funding for the area in the |
|
district to preserve, maintain, and enhance the economic health and |
|
vitality of the area as a community and business center; and |
|
(4) promote the health, safety, welfare, education, |
|
convenience, and enjoyment of the public by: |
|
(A) improving, landscaping, and developing |
|
certain areas in and adjacent to the district; and |
|
(B) providing public services and facilities in |
|
and adjacent to the district that are necessary for the |
|
restoration, preservation, enhancement, and enjoyment of scenic |
|
and aesthetic beauty. |
|
(f) The district will not act as the agent or |
|
instrumentality of any private interest even though the district |
|
will benefit many private interests as well as the public. (Acts |
|
75th Leg., R.S., Ch. 1316, Sec. 6.) |
|
Sec.3846.005.DISTRICT TERRITORY. Except as the board may |
|
modify the territory of the district under Subchapter J, Chapter |
|
49, Water Code, or other law, the territory of the district is |
|
coextensive with the territory as of January 1, 1997, of the New |
|
Caney Independent School District and the Splendora Independent |
|
School District except that the district does not include: |
|
(1) any part of the City of Houston as it existed on |
|
January 1, 1997; and |
|
(2) any portion of the New Caney Independent School |
|
District as it exists on or after September 1, 2001, that is located |
|
in Harris County. (Acts 75th Leg., R.S., Ch. 1316, Sec. 4; New.) |
|
Sec.3846.006.TORT LIABILITY. The district is a |
|
governmental unit for purposes of Chapter 101, Civil Practice and |
|
Remedies Code, and operations of the district are considered for |
|
all purposes, including the application of that chapter, to be |
|
essential governmental functions and not proprietary functions. |
|
(Acts 75th Leg., R.S., Ch. 1316, Sec. 1(b).) |
|
[Sections 3846.007-3846.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.3846.051.COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of eight directors. |
|
(b) Directors serve staggered terms of four years, with four |
|
directors' terms expiring July 1 of each even-numbered year. (Acts |
|
75th Leg., R.S., Ch. 1316, Sec. 10.) |
|
Sec.3846.052.ELECTION OF DIRECTORS. An election to elect |
|
the appropriate number of directors shall be held on the uniform |
|
election date in May of each even-numbered year as provided by |
|
Section 41.001(a), Election Code. (Acts 75th Leg., R.S., Ch. 1316, |
|
Sec. 9(d).) |
|
Sec.3846.053.QUALIFICATIONS OF DIRECTOR. (a) To be |
|
qualified to serve as a director, a person must be at least 18 years |
|
old and: |
|
(1) a district resident; |
|
(2) an owner of real property in the district; |
|
(3) an owner of stock, whether beneficial or |
|
otherwise, of a corporate owner of real property in the district; |
|
(4) an owner of a beneficial interest in a trust that |
|
owns real property in the district; or |
|
(5) an agent, employee, or tenant of a person |
|
described by Subdivision (2), (3), or (4). |
|
(b) For purposes of this section, a person or entity that |
|
owns an interest in a general or limited partnership owning real |
|
property in the district or that has a lease of real property in the |
|
district with a remaining term of 10 years or more, excluding |
|
options, is considered to be an owner of real property. (Acts 75th |
|
Leg., R.S., Ch. 1316, Sec. 12.) |
|
Sec.3846.054.PARTICIPATION IN VOTING. Regardless of a |
|
statute to the contrary, a person who qualifies to serve on the |
|
board is qualified to serve as a director and participate in all |
|
votes pertaining to the business of the district. (Acts 75th Leg., |
|
R.S., Ch. 1316, Sec. 14.) |
|
Sec.3846.055.LAW GOVERNING ADMINISTRATION OF BOARD. |
|
Sections 375.066, 375.067, 375.069, and 375.070, Local Government |
|
Code, apply to the board as if the board were established under |
|
Chapter 375, Local Government Code. (Acts 75th Leg., R.S., Ch. |
|
1316, Sec. 11(a).) |
|
Sec.3846.056.OFFICERS. After the directors have been |
|
elected and have qualified as provided by Section 375.067, Local |
|
Government Code, they shall organize or reorganize by electing a |
|
chair, a vice chair, a secretary, and other officers of the board as |
|
the board considers necessary. (Acts 75th Leg., R.S., Ch. 1316, |
|
Sec. 11(b).) |
|
[Sections 3846.057-3846.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.3846.101.GENERAL POWERS OF DISTRICT. The district |
|
has: |
|
(1) all powers necessary or required to accomplish the |
|
purposes for which the district was created; |
|
(2) the rights, powers, privileges, and other |
|
functions of a municipal management district under Subchapter E, |
|
Chapter 375, Local Government Code; and |
|
(3) the powers given to an industrial development |
|
corporation organized under the Development Corporation Act of 1979 |
|
(Article 5190.6, Vernon's Texas Civil Statutes). (Acts 75th Leg., |
|
R.S., Ch. 1316, Sec. 15.) |
|
Sec.3846.102.RULES. The district may adopt rules for: |
|
(1) the administration and operation of the district; |
|
(2) the use, enjoyment, availability, protection, |
|
security, and maintenance of the district's property, including |
|
facilities; and |
|
(3) the provision of public safety and security in the |
|
district. (Acts 75th Leg., R.S., Ch. 1316, Sec. 16(a) (part).) |
|
Sec. 3846.103. SPECIFIC POWERS RELATING TO IMPROVEMENT |
|
PROJECTS OR SERVICES. (a) The district may undertake an |
|
improvement project separately or jointly with another person and |
|
pay all or part of the costs of improvement projects, including an |
|
improvement project that: |
|
(1) improves, enhances, or supports public safety and |
|
security, fire protection, emergency medical services, or law |
|
enforcement in the district; |
|
(2) confers a general benefit on the entire district |
|
and the areas adjacent to the district; or |
|
(3) confers a special benefit on all or part of the |
|
district. |
|
(b) A district improvement project or service may include: |
|
(1) the construction, acquisition, lease, rental, |
|
installment purchase, improvement, rehabilitation, repair, |
|
relocation, and operation of: |
|
(A) landscaping; lighting, banners, or signs; |
|
streets or sidewalks, pedestrian or bicycle paths and trails; |
|
pedestrian walkways, skywalks, crosswalks, or tunnels; highway |
|
right-of-way or transit corridor beautification and improvements; |
|
(B) drainage or storm water detention |
|
improvements and solid waste, water, sewer, or power facilities and |
|
services, including electrical, gas, steam, and chilled water |
|
facilities and services; |
|
(C) parks, lakes, gardens, recreational |
|
facilities, open space, scenic areas, and related exhibits and |
|
preserves; fountains, plazas, or pedestrian malls; public art or |
|
sculpture and related exhibits and facilities; educational or |
|
cultural exhibits and facilities; exhibits, displays, attractions, |
|
or facilities for special events, holidays, or seasonal or cultural |
|
celebrations; |
|
(D) off-street parking facilities, bus |
|
terminals, heliports, mass-transit, or roadway-borne or |
|
water-borne transportation systems; and |
|
(E) other public improvements, facilities, or |
|
services similar to the improvements, facilities, or services |
|
described by Paragraphs (A)-(D); |
|
(2) the cost of removal, razing, demolition, or |
|
clearing of land or improvements in connection with providing an |
|
improvement project; |
|
(3) the acquisition of property or an interest in the |
|
property that is made in connection with an authorized improvement |
|
project; and |
|
(4) the provision of special or supplemental services |
|
to improve or promote the area in the district or to protect the |
|
public health and safety in the district, including advertising, |
|
promotion, tourism, health and sanitation, public safety, |
|
security, fire protection or emergency medical services, business |
|
recruitment, development, elimination of traffic congestion, and |
|
recreational, educational, or cultural improvements, enhancements, |
|
or services. (Acts 75th Leg., R.S., Ch. 1316, Secs. 16(a) (part), |
|
17.) |
|
Sec.3846.104.CONTRACTS; GRANTS; DONATIONS. (a) The |
|
district may contract with any person, including a municipality, |
|
county, other political subdivision, or corporation, to accomplish |
|
the purposes of this chapter on terms and for the period the board |
|
determines, including contracting for the payment, repayment, or |
|
reimbursement of costs incurred by the person on behalf of the |
|
district, including all or part of the costs of an improvement |
|
project, from tax proceeds or any other specified source of money. |
|
(b) The district may make application for and contract with |
|
a person to receive, administer, and perform the district's duties |
|
under a federal, state, local, or private gift, grant, loan, |
|
conveyance, transfer, bequest, donation, or other financial |
|
arrangement relating to the investigation, planning, analysis, |
|
acquisition, construction, completion, implementation, or |
|
operation of a proposed or existing improvement project. |
|
(c) A state agency, municipality, county, other political |
|
subdivision, corporation, individual, or other person may contract |
|
with the district to carry out the purposes of this chapter. (Acts |
|
75th Leg., R.S., Ch. 1316, Secs. 16(a) (part), 31.) |
|
Sec.3846.105.PEACE OFFICERS. The district may not employ |
|
peace officers, but may contract with off-duty peace officers to |
|
provide public safety and security services: |
|
(1) in connection with a special event, holiday, |
|
period with high traffic congestion, or similar circumstance; and |
|
(2) at district property, including facilities. (Acts |
|
75th Leg., R.S., Ch. 1316, Sec. 16(b).) |
|
Sec.3846.106.ECONOMIC DEVELOPMENT PROGRAMS. The district |
|
has the economic development powers granted a home-rule |
|
municipality with a population of more than 100,000 under Chapter |
|
380, Local Government Code, and Subchapter A, Chapter 1509, |
|
Government Code. (Acts 75th Leg., R.S., Ch. 1316, Sec. 16(d).) |
|
Sec.3846.107.ANNEXATION OR EXCLUSION OF TERRITORY. (a) |
|
The district may add or exclude territory in the manner provided by |
|
Subchapter J, Chapter 49, Water Code. |
|
(b) Not later than the 10th day after the date on which the |
|
district annexes or excludes territory, the board shall send to the |
|
comptroller a certified copy of any resolution, order, or ordinance |
|
relating to the annexation or exclusion. (Acts 75th Leg., R.S., Ch. |
|
1316, Secs. 16(a) (part), 28.) |
|
Sec.3846.108.NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. (Acts 75th Leg., R.S., |
|
Ch. 1316, Sec. 19.) |
|
[Sections 3846.109-3846.150 reserved for expansion] |
|
SUBCHAPTER D. FINANCIAL PROVISIONS |
|
Sec.3846.151.SALES AND USE TAX; EXCISE TAX. (a) For |
|
purposes of this section: |
|
(1) "Taxable items" includes all items that could be |
|
subject to a sales and use tax imposed by Montgomery County. |
|
(2) "Use," with respect to a taxable service, means |
|
the derivation in the district of direct or indirect benefit from |
|
the service. |
|
(b) The district may impose a sales and use tax if |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(c) If the district adopts a sales and use tax: |
|
(1) a tax is imposed on the receipts from the sale at |
|
retail of taxable items in the district; and |
|
(2) an excise tax is imposed on the use, storage, or |
|
other consumption in the district of taxable items purchased, |
|
leased, or rented from a retailer during the period that the tax is |
|
effective in the district. |
|
(d) The rate of the excise tax is the same as the rate of the |
|
sales tax portion of the tax applied to the sales price of the |
|
taxable items and is included in the sales tax. (Acts 75th Leg., |
|
R.S., Ch. 1316, Secs. 16(a) (part), 21(a) (part), (b), (c), (d).) |
|
Sec.3846.152.TAX ELECTION PROCEDURES. (a) Except as |
|
provided by Subsection (b), the board may order an election to |
|
adopt, change the rate of, or abolish a sales and use tax. The |
|
election may be held at the same time and in conjunction with a |
|
directors' election. |
|
(b) The board may not call an election to abolish a sales and |
|
use tax or to reduce the rate of the sales and use tax below the |
|
amount pledged to secure payment of any outstanding district debt |
|
while any district debt remains outstanding. |
|
(c) Notice of the election shall be given and the election |
|
shall be held in the manner prescribed for bond elections under |
|
Subchapter D, Chapter 49, Water Code. (Acts 75th Leg., R.S., Ch. |
|
1316, Secs. 22(a), (c).) |
|
Sec.3846.153.BALLOT WORDING. (a) In an election to adopt |
|
the tax, the ballot shall be prepared to permit voting for or |
|
against the proposition: "The adoption of a local sales and use tax |
|
in the East Montgomery County Improvement District at the rate of |
|
(proposed tax rate)." |
|
(b) In an election to change the rate of the sales and use |
|
tax, the ballot shall be prepared to permit voting for or against |
|
the proposition: "The (increase or decrease, as applicable) in the |
|
rate of the local sales and use tax imposed in the East Montgomery |
|
County Improvement District from (tax rate on election date) |
|
percent to (proposed tax rate) percent." |
|
(c) In an election to abolish the sales and use tax, the |
|
ballot shall be prepared to permit voting for or against the |
|
proposition: "The abolition of the local sales and use tax in the |
|
East Montgomery County Improvement District." (Acts 75th Leg., |
|
R.S., Ch. 1316, Secs. 22(d), (e), (f).) |
|
Sec. 3846.154. IMPOSITION, COMPUTATION, ADMINISTRATION, |
|
AND GOVERNANCE OF TAXES. (a) Chapter 323, Tax Code, to the extent |
|
not inconsistent with this chapter, governs the application, |
|
collection, and administration of the sales and use tax and the |
|
excise tax, except that Sections 323.401-323.406, and 323.505, Tax |
|
Code, do not apply. Subtitles A and B, Title 2, and Chapter 151, Tax |
|
Code, govern the administration and enforcement of the sales and |
|
use tax and the excise tax. |
|
(b) Chapter 323, Tax Code, does not apply to the use and |
|
allocation of revenue under this chapter. |
|
(c) In applying Chapter 323, Tax Code: |
|
(1) a reference in that chapter to "the county" means |
|
the district; and |
|
(2) a reference in that chapter to the "commissioners |
|
court" means the board. |
|
(d) The district is entitled to examine and receive |
|
information related to the imposition and collection of sales and |
|
use taxes to the same extent as if the district were a municipality |
|
under Subchapter D, Chapter 321, Tax Code. (Acts 75th Leg., R.S., |
|
Ch. 1316, Sec. 23.) |
|
Sec.3846.155.TAX RATES. (a) The district may impose the |
|
sales and use tax in increments of one-eighth of one percent, with a |
|
minimum tax of one-half percent and a maximum tax of two percent. |
|
(b) The district may not impose a sales and use tax of |
|
greater than one percent unless the voters of the district have |
|
approved the imposition of a rate of one percent or less in addition |
|
to the existing one percent rate at an election called for that |
|
purpose and conducted generally in the manner provided by Section |
|
3846.152. |
|
(c) In the election, the ballot must permit voting for or |
|
against the proposition: "The adoption of a local sales and use tax |
|
imposed in the East Montgomery County Improvement District of |
|
_______ (state percentage rate) percent in addition to the sales |
|
and use tax that the East Montgomery County Improvement District is |
|
currently authorized to impose at the rate of ___ (state percentage |
|
rate) percent." |
|
(d) If as a result of the imposition or increase in a sales |
|
and use tax by the district as provided under this section or |
|
Section 3846.152, the overlapping local sales and use taxes in a |
|
municipality located in the boundaries of the district will exceed |
|
two percent, the municipality's sales and use tax is automatically |
|
reduced in that municipality to a rate that, when added to the |
|
district's rate, does not exceed two percent. |
|
(e) If the tax rate of a municipality is reduced in |
|
accordance with Subsection (d), the comptroller shall withhold from |
|
the district's monthly sales and use tax allocation an amount equal |
|
to the amount that would have been collected by the municipality had |
|
the district not imposed or increased its sales and use tax less |
|
amounts that the municipality collects following the district's |
|
imposition of or increase in its sales and use tax. The comptroller |
|
shall withhold and pay the amount withheld to the municipality |
|
under policies or procedures that the comptroller considers |
|
reasonable. (Acts 75th Leg., R.S., Ch. 1316, Sec. 25, as amended by |
|
Acts 79th Leg., R.S., Chs. 1355 and 1376.) |
|
Sec.3846.156.ABOLITION OF TAX. The board by order may |
|
abolish the local sales and use tax rate without an election. (Acts |
|
75th Leg., R.S., Ch. 1316, Sec. 26.) |
|
Sec.3846.157.USE OF TAX. The district may use the |
|
proceeds from a tax collected under this chapter only for the |
|
purposes for which the district was created. (Acts 75th Leg., R.S., |
|
Ch. 1316, Secs. 16(a) (part), 21(a) (part), 27.) |
|
Sec.3846.158.EFFECTIVE DATE OF TAX OR TAX CHANGE. The |
|
adoption of a tax rate or change in the tax rate takes effect after |
|
the expiration of the first complete calendar quarter occurring |
|
after the date on which the comptroller receives a notice of the |
|
results of the election. (Acts 75th Leg., R.S., Ch. 1316, Sec. 24.) |
|
Sec.3846.159.AD VALOREM TAX PROHIBITED. The district may |
|
not impose an ad valorem tax on property in the district. (Acts |
|
75th Leg., R.S., Ch. 1316, Sec. 16(c).) |
|
Sec.3846.160.FEES; CHARGES. The district may: |
|
(1) establish and collect only at the district's |
|
facilities user fees, concession fees, admission fees, rental fees, |
|
or other similar fees or charges; and |
|
(2) apply the proceeds from those fees or charges for |
|
the enjoyment, sale, rental, or other use of the district's |
|
facilities or other property, services, or improvement projects. |
|
(Acts 75th Leg., R.S., Ch. 1316, Sec. 16(a) (part).) |
|
Sec.3846.161.CERTAIN RESIDENTIAL PROPERTY EXEMPT. The |
|
district may not impose an impact fee or assessment on a |
|
single-family residential property or a residential duplex, |
|
triplex, fourplex, or condominium. (Acts 75th Leg., R.S., Ch. |
|
1316, Sec. 20.) |
|
Sec.3846.162.BORROWING MONEY. The district may borrow |
|
money for the corporate purposes of the district. (Acts 75th Leg., |
|
R.S., Ch. 1316, Sec. 16(a) (part).) |
|
Sec.3846.163.PAYMENT OF EXPENSES. The district may |
|
provide or secure the payment or repayment of: |
|
(1) an expense of the establishment, administration, |
|
or operation of the district; |
|
(2) a district cost relating to an improvement |
|
project; |
|
(3) a district contractual obligation or |
|
indebtedness, because of a lease, installment purchase contract, or |
|
other agreement; or |
|
(4) a tax, user fee, concession fee, rental fee, or |
|
other revenue or resources of the district. (Acts 75th Leg., R.S., |
|
Ch. 1316, Sec. 16(a) (part).) |
|
Sec.3846.164.BONDS. (a) The board may issue bonds as |
|
provided by Subchapter J, Chapter 375, Local Government Code. |
|
(b) In addition to the sources described in Subchapter J, |
|
Chapter 375, Local Government Code, bonds issued by the district |
|
may be secured and made payable, wholly or partly, by a pledge of |
|
any part of the net proceeds the district receives from a specified |
|
portion of not more than one-half of the maximum sales and use tax |
|
amount authorized under Section 3846.152. |
|
(c) Sections 375.207 and 375.208, Local Government Code, do |
|
not apply to bonds issued under this section. |
|
(d) To the extent consistent with the documents authorizing |
|
the issuance of the district's bonds, the proceeds of bonds |
|
remaining after the payment of the cost of issuing the bonds and all |
|
costs associated with the projects for which the bonds were sold may |
|
be spent by the district for any lawful purpose or for any project |
|
the district is authorized to undertake. (Acts 75th Leg., R.S., Ch. |
|
1316, Sec. 30A.) |
|
[Sections 3846.165-3846.200 reserved for expansion] |
|
SUBCHAPTER E. DISSOLUTION |
|
Sec.3846.201.DISSOLUTION BY BOARD ORDER. The board by |
|
order may dissolve the district at any time unless the district has |
|
outstanding indebtedness or contractual obligations. (Acts 75th |
|
Leg., R.S., Ch. 1316, Sec. 32.) |
|
Sec. 3846.202. ADMINISTRATION OF DISTRICT PROPERTY |
|
FOLLOWING DISSOLUTION. (a) After the date the board orders the |
|
dissolution of the district, the board shall transfer ownership of |
|
all property and assets of the district to Montgomery County, |
|
except as provided by Subsection (b). |
|
(b) If, on the date on which the board orders the |
|
dissolution of the district, more than 50 percent of the territory |
|
in the district is in the corporate limits of a municipality, the |
|
board shall transfer ownership of the district's property and |
|
assets to the municipality. (Acts 75th Leg., R.S., Ch. 1316, Sec. |
|
34.) |
|
SECTION 1.04. Subtitle A, Title 5, Special District Local |
|
Laws Code, is amended by adding Chapters 5002, 5003, and 5004 to |
|
read as follows: |
|
CHAPTER 5002. BRAZOS RIVER HARBOR NAVIGATION DISTRICT OF |
|
BRAZORIA COUNTY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 5002.001. DEFINITIONS |
|
Sec. 5002.002. NATURE AND PURPOSE OF DISTRICT |
|
Sec. 5002.003. LEGISLATIVE FINDINGS |
|
Sec. 5002.004. DISTRICT TERRITORY |
|
[Sections 5002.005-5002.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 5002.051. BOARD OF COMMISSIONERS; TERM; ELECTION |
|
Sec. 5002.052. NAVIGATION PRECINCTS |
|
Sec. 5002.053. ELECTION BY POSITION; QUALIFICATIONS |
|
Sec. 5002.054. PLACING CANDIDATE ON BALLOT |
|
Sec. 5002.055. ELECTION ADMINISTRATION; NOTICE OF |
|
ELECTION |
|
Sec. 5002.056. DATE COMMISSIONER TAKES OFFICE |
|
Sec. 5002.057. BOND |
|
Sec. 5002.058. VACANCIES |
|
Sec. 5002.059. DISTRICT TREASURER |
|
[Sections 5002.060-5002.100 reserved for expansion] |
|
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
|
Sec. 5002.101. DEPOSITORY |
|
Sec. 5002.102. MAINTENANCE OF BOOKS, RECORDS, AND |
|
ACCOUNTS |
|
CHAPTER 5002. BRAZOS RIVER HARBOR NAVIGATION DISTRICT OF |
|
BRAZORIA COUNTY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.5002.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of navigation and canal |
|
commissioners of the district. |
|
(2) "Commissioner" means a board member. |
|
(3) "District" means the Brazos River Harbor |
|
Navigation District of Brazoria County. (New.) |
|
Sec.5002.002.NATURE AND PURPOSE OF DISTRICT. The |
|
district is created under Section 59, Article XVI, Texas |
|
Constitution, to make improvements for the navigation of inland and |
|
coastal waters, and for the preservation and conservation of inland |
|
and coastal waters for navigation and for control and distribution |
|
of storm and flood waters of rivers and streams in aid of |
|
navigation. (Acts 40th Leg., 1st C.S., Ch. 55, Sec. 1 (part).) |
|
Sec.5002.003.LEGISLATIVE FINDINGS. All property situated |
|
in the district and subject to taxation will benefit from the |
|
improvements to be constructed by the district. (Acts 40th Leg., |
|
1st C.S., Ch. 55, Sec. 1 (part).) |
|
Sec.5002.004.DISTRICT TERRITORY. The district is |
|
composed of the territory in Brazoria County described by Section |
|
1, Chapter 55, Acts of the 40th Legislature, 1st Called Session, |
|
1927, as that territory may have been modified under: |
|
(1) Section 3, Chapter 103, Acts of the 41st |
|
Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's |
|
Texas Civil Statutes), on or after May 23, 1929, and before August |
|
30, 1971; |
|
(2) Section 3a, Chapter 103, Acts of the 41st |
|
Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's |
|
Texas Civil Statutes), on or after May 16, 1951, and before August |
|
30, 1971; |
|
(3) Subchapter H, Chapter 62, Water Code; or |
|
(4) other law. (Acts 40th Leg., 1st C.S., Ch. 55, |
|
Sec. 1 (part); New.) |
|
[Sections 5002.005-5002.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.5002.051.BOARD OF COMMISSIONERS; TERM; ELECTION. (a) |
|
The district is governed by an elected board consisting of six |
|
commissioners. |
|
(b) Commissioners serve staggered six-year terms. |
|
(c) An election shall be held in the district every two |
|
years to elect two commissioners. (Acts 40th Leg., 1st C.S., Ch. |
|
55, Sec. 4a (part).) |
|
Sec.5002.052.NAVIGATION PRECINCTS. For the purpose of |
|
electing commissioners, the district is divided into four |
|
navigation precincts. The boundaries of the navigation precincts |
|
are described by Section 4a, Chapter 55, Acts of the 40th |
|
Legislature, 1st Called Session, 1927. (Acts 40th Leg., 1st C.S., |
|
Ch. 55, Sec. 4a (part).) |
|
Sec.5002.053.ELECTION BY POSITION; QUALIFICATIONS. (a) |
|
Commissioners are elected by position as follows: |
|
(1) the commissioner elected for Position 1 is at |
|
large and must reside in the district; |
|
(2) the commissioners elected for Positions 2 and 3 |
|
must reside in Navigation Precinct No. 1; |
|
(3) the commissioner elected for Position 4 must |
|
reside in Navigation Precinct No. 2; |
|
(4) the commissioner elected for Position 5 must |
|
reside in Navigation Precinct No. 3; and |
|
(5) the commissioner elected for Position 6 must |
|
reside in Navigation Precinct No. 4. |
|
(b) Each commissioner must be a qualified voter of the |
|
district. (Acts 40th Leg., 1st C.S., Ch. 55, Sec. 4a (part).) |
|
Sec.5002.054.PLACING CANDIDATE ON BALLOT. A request for |
|
placing the name of a candidate on the ballot must be filed with the |
|
board's presiding officer and be: |
|
(1) in writing and signed by the candidate; or |
|
(2) in the form of a petition signed by at least 25 |
|
qualified voters of the district. (Acts 40th Leg., 1st C.S., Ch. |
|
55, Sec. 4a (part).) |
|
Sec. 5002.055. ELECTION ADMINISTRATION; NOTICE OF |
|
ELECTION. (a) The board shall make arrangements for each election. |
|
(b) Notice of the election, signed by the board's presiding |
|
officer or secretary, must be published once a week for two |
|
consecutive weeks in a newspaper of general circulation within the |
|
district. The first publication must occur not later than the 14th |
|
day before the date of the election. |
|
(c) All district voters may vote for candidates for |
|
commissioner in all navigation precincts. |
|
(d) The board shall declare the results of each election. |
|
(Acts 40th Leg., 1st C.S., Ch. 55, Sec. 4a (part).) |
|
Sec.5002.056.DATE COMMISSIONER TAKES OFFICE. A |
|
commissioner shall take office on the appropriate date following |
|
the person's election. (Acts 40th Leg., 1st C.S., Ch. 55, Sec. 4a |
|
(part).) |
|
Sec.5002.057.BOND. As a qualification for office, a |
|
commissioner must post a bond in the amount of $10,000 that is: |
|
(1) executed by the commissioner and by two solvent |
|
sureties or by a surety company authorized to do business in this |
|
state; and |
|
(2) approved by the county judge of Brazoria County. |
|
(Acts 40th Leg., 1st C.S., Ch. 55, Sec. 4a (part).) |
|
Sec.5002.058.VACANCIES. (a) Except as otherwise |
|
provided by this section, if a vacancy occurs in the office of |
|
commissioner, the board shall appoint a commissioner for the |
|
remainder of the unexpired term. |
|
(b) If more than two vacancies occur at the same time, the |
|
remaining commissioners shall call a special election to fill the |
|
vacancies. |
|
(c) If the remaining commissioners fail to call the election |
|
within 15 days after the date the vacancies occur, the judge or |
|
judges of the district court or courts of the judicial district in |
|
which the district is located, on the petition of a voter or |
|
creditor of the district, may: |
|
(1) order that an election be held, specifying the |
|
date of the election; |
|
(2) order the Brazoria County clerk to publish notice |
|
of the election; and |
|
(3) name the officers to hold the election. |
|
(d) The returns of an election held by order of the district |
|
judge or judges shall be made and filed in the office of the clerk of |
|
the district court, and the clerk of the district court shall |
|
declare the result of the election. (Acts 40th Leg., 1st C.S., Ch. |
|
55, Sec. 4a (part).) |
|
Sec.5002.059.DISTRICT TREASURER. (a) The board shall |
|
appoint from time to time a person to serve in the office of |
|
district treasurer. |
|
(b) The district treasurer shall perform the duties for the |
|
district that were performed before September 1, 1999, by the |
|
county treasurer of Brazoria County. |
|
(c) Before receiving district money from any source, the |
|
district treasurer shall execute a good and sufficient bond payable |
|
to the board for the benefit of the district in an amount set by the |
|
board. (Acts 40th Leg., 1st C.S., Ch. 55, Secs. 1a (part), 1b.) |
|
[Sections 5002.060-5002.100 reserved for expansion] |
|
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
|
Sec.5002.101.DEPOSITORY. (a) The board by resolution |
|
shall designate a bank in Brazoria County as the district's |
|
depository. |
|
(b) The designated bank serves as the depository for a term |
|
of two years and until a successor depository has been selected. |
|
(c) All money of the district shall be secured in the manner |
|
provided for the security of county funds. |
|
(d) The tax assessor and collector for Brazoria County or |
|
another official performing the duties of tax assessor and |
|
collector for the district shall: |
|
(1) deposit all taxes collected for the district in |
|
the depository bank designated as depository for Brazoria County; |
|
and |
|
(2) promptly transfer and deposit the money to the |
|
district's account in the district's depository. (Acts 40th Leg., |
|
1st C.S., Ch. 55, Secs. 1a (part), 4c.) |
|
Sec.5002.102.MAINTENANCE OF BOOKS, RECORDS, AND ACCOUNTS. |
|
The district shall maintain the books, records, and accounts of the |
|
district. The Brazoria County treasurer is not required to |
|
maintain any books, records, or accounts for the district other |
|
than as required by the board. (Acts 40th Leg., 1st C.S., Ch. 55, |
|
Sec. 4b.) |
|
CHAPTER 5003. CALHOUN COUNTY NAVIGATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 5003.001. DEFINITIONS |
|
Sec. 5003.002. NATURE AND PURPOSE OF DISTRICT |
|
Sec. 5003.003. LEGISLATIVE FINDINGS |
|
Sec. 5003.004. DISTRICT TERRITORY |
|
[Sections 5003.005-5003.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 5003.051. BOARD OF NAVIGATION COMMISSIONERS |
|
Sec. 5003.052. NAVIGATION PRECINCTS |
|
Sec. 5003.053. ELECTION; TERMS |
|
Sec. 5003.054. PLACING CANDIDATE ON BALLOT; |
|
QUALIFICATIONS |
|
Sec. 5003.055. VACANCY |
|
[Sections 5003.056-5003.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 5003.101. GENERAL NAVIGATION DISTRICT POWERS |
|
Sec. 5003.102. AD VALOREM TAXES; BOND ELECTION |
|
Sec. 5003.103. CHANGE OF DISTRICT NOT AUTHORIZED |
|
Sec. 5003.104. LIMIT ON EMINENT DOMAIN POWER |
|
Sec. 5003.105. AUTHORITY TO DESIGNATE INDUSTRIAL AREAS |
|
OR PLANT SITES; FINDINGS |
|
CHAPTER 5003. CALHOUN COUNTY NAVIGATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.5003.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of navigation |
|
commissioners of the district. |
|
(2) "Commissioner" means a board member. |
|
(3) "District" means the Calhoun County Navigation |
|
District. (New.) |
|
Sec.5003.002.NATURE AND PURPOSE OF DISTRICT. The |
|
district is a navigation district. To the extent authorized by this |
|
chapter, the district is created to: |
|
(1) improve navigation in the district; and |
|
(2) maintain, develop, extend, and improve port |
|
facilities and wharf and dock facilities in the district. (Acts |
|
53rd Leg., R.S., Ch. 195, Sec. 1 (part).) |
|
Sec.5003.003.LEGISLATIVE FINDINGS. (a) The creation of |
|
the district is essential: |
|
(1) to accomplish the purposes of Section 59, Article |
|
XVI, Texas Constitution; |
|
(2) to the general welfare of this state; and |
|
(3) for the development of marine shipping. |
|
(b) All property in the district benefits from the creation |
|
of the district by the improvements to be constructed or acquired by |
|
the district in carrying out the district's purposes. (Acts 53rd |
|
Leg., R.S., Ch. 195, Sec. 1 (part).) |
|
Sec.5003.004.DISTRICT TERRITORY. The district is |
|
composed of all the territory of Calhoun County, including all land |
|
and water areas of the county: |
|
(1) except for territory included in the West Side |
|
Calhoun County Navigation District as described in Volume H, pages |
|
568-570, of the minutes of the Commissioners Court of Calhoun |
|
County; and |
|
(2) as that territory may have been modified under: |
|
(A) Section 3 or Section 3a, Chapter 103, Acts of |
|
the 41st Legislature, 1st Called Session, 1929 (Article 8263a, |
|
Vernon's Texas Civil Statutes), before August 30, 1971; |
|
(B) Subchapter H, Chapter 62, Water Code; or |
|
(C) other law. (Acts 53rd Leg., R.S., Ch. 195, |
|
Sec. 1 (part); New.) |
|
[Sections 5003.005-5003.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.5003.051.BOARD OF NAVIGATION COMMISSIONERS. The |
|
district is governed by a board of six commissioners. (Acts 53rd |
|
Leg., R.S., Ch. 195, Sec. 2(a) (part).) |
|
Sec.5003.052.NAVIGATION PRECINCTS. (a) The board shall |
|
from time to time divide the district into six navigation |
|
commissioner precincts that are: |
|
(1) compact and contiguous; and |
|
(2) as nearly as practicable, of equal population. |
|
(b) The board shall complete any division of the district |
|
into new precincts not later than the 90th day before the date of |
|
the first election of commissioners from those precincts. |
|
(c) The voters of each precinct, in accordance with this |
|
subchapter, shall elect one commissioner. (Acts 53rd Leg., R.S., |
|
Ch. 195, Secs. 2(a) (part), (b), (c), (d) (part).) |
|
Sec.5003.053.ELECTION; TERMS. (a) The six commissioners |
|
elected at the first election after a division of the district into |
|
new precincts under Section 5003.052 shall draw lots after the |
|
election to select three commissioners to serve two-year terms and |
|
three commissioners to serve four-year terms. Successor |
|
commissioners serve terms as provided by Subsection (b). |
|
(b) Except as provided by Subsection (a), commissioners are |
|
elected for staggered four-year terms at elections held each |
|
odd-numbered year on the uniform election date in May. (Acts 53rd |
|
Leg., R.S., Ch. 195, Secs. 2(e), (g) (part).) |
|
Sec. 5003.054. PLACING CANDIDATE ON BALLOT; |
|
QUALIFICATIONS. (a) A person qualified under this section to be a |
|
candidate for the office of commissioner may file an application |
|
with the board to have the person's name placed on the ballot. The |
|
application must be filed not later than 5 p.m. of the 45th day |
|
before the election date for that office. |
|
(b) The application must include an affidavit made by the |
|
applicant under oath disclosing that the applicant is: |
|
(1) a bona fide resident of the precinct that the |
|
person seeks to represent; and |
|
(2) a qualified voter who owns real property in the |
|
area. |
|
(c) If the application is timely filed in proper form, the |
|
board shall place the applicant's name on the official ballot. |
|
(Acts 53rd Leg., R.S., Ch. 195, Secs. 2(d) (part), (h).) |
|
Sec.5003.055.VACANCY. (a) If a vacancy occurs on the |
|
board, a majority of the remaining commissioners shall appoint a |
|
successor to fill the vacancy for the remainder of the unexpired |
|
term. |
|
(b) For purposes of this chapter, the successor |
|
commissioner is treated as an elected commissioner. |
|
(c) The legislature finds that it is in the best interest of |
|
public welfare, general benefit, and the assurance of proper |
|
development of marine shipping that: |
|
(1) the commissioners be representatives of all areas |
|
of the district; and |
|
(2) if a commissioner no longer resides in the |
|
precinct from which elected, the commissioner's office is vacant. |
|
(Acts 53rd Leg., R.S., Ch. 195, Secs. 2(f), (j).) |
|
[Sections 5003.056-5003.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.5003.101.GENERAL NAVIGATION DISTRICT POWERS. The |
|
district and the board, except as specifically restricted by this |
|
chapter, have the powers of government and may exercise the rights, |
|
powers, duties, privileges, and functions conferred by Chapter 60, |
|
61, 62, or 63, Water Code, on a navigation district created under |
|
Section 59, Article XVI, Texas Constitution, that are appropriate |
|
to the accomplishment of the purposes stated in Subchapter A. (Acts |
|
53rd Leg., R.S., Ch. 195, Secs. 1 (part), 3 (part).) |
|
Sec.5003.102.AD VALOREM TAXES; BOND ELECTION. (a) If |
|
authorized by a majority vote of the district voters voting at an |
|
election held in the manner provided for a bond election under |
|
Subchapter F, Chapter 62, Water Code, the Commissioners Court of |
|
Calhoun County may: |
|
(1) impose maintenance taxes; or |
|
(2) issue tax bonds and impose taxes to pay for the |
|
bonds. |
|
(b) The commissioners court shall impose the tax for: |
|
(1) the maintenance of the district and its property, |
|
including facilities; and |
|
(2) the payment of the principal of and interest on all |
|
bonds or other indebtedness issued by the district. |
|
(c) The maximum tax rate for both maintenance and |
|
indebtedness purposes may not exceed a total of 15 cents on each |
|
$100 of taxable property in the district. |
|
(d) The Calhoun County tax assessor-collector shall assess |
|
and collect taxes imposed under this section. (Acts 53rd Leg., |
|
R.S., Ch. 195, Sec. 3(a) (part).) |
|
Sec.5003.103.CHANGE OF DISTRICT NOT AUTHORIZED. The |
|
board may not by a vote change the district from a navigation |
|
district to any other type of district authorized by general law. |
|
(Acts 53rd Leg., R.S., Ch. 195, Sec. 3(b).) |
|
Sec.5003.104.LIMIT ON EMINENT DOMAIN POWER. The district |
|
may not exercise the power of eminent domain outside Calhoun County |
|
in an area in another navigation district without the consent of the |
|
other district. (Acts 53rd Leg., R.S., Ch. 195, Sec. 3(c).) |
|
Sec. 5003.105. AUTHORITY TO DESIGNATE INDUSTRIAL AREAS OR |
|
PLANT SITES; FINDINGS. (a) The board may adopt an order or |
|
resolution designating an area of land in the district that fronts |
|
on navigable water in the district as an industrial area or plant |
|
site for the aid of navigation. A defined area may not: |
|
(1) be located in the corporate limits of a |
|
municipality; or |
|
(2) exceed 1,000 yards in depth as measured from the |
|
shoreline. |
|
(b) A certified copy of an order or resolution adopted under |
|
Subsection (a) shall be filed and recorded in the deed records of |
|
Calhoun County. After the copy is filed, a municipality may not |
|
include any part of the defined area in its boundaries. |
|
(c) The board may adopt an order or resolution that removes |
|
all or part of a defined area from that designation if the board |
|
determines that: |
|
(1) the area is not suitable for or being used as an |
|
industrial area or plant site; |
|
(2) the area will not be suitable for or used as an |
|
industrial area or plant site within a reasonable time; and |
|
(3) the continued designation does not aid navigation. |
|
(d) A certified copy of an order or resolution adopted under |
|
Subsection (c) shall be filed and recorded in the deed records of |
|
Calhoun County. After the copy is filed, any restriction imposed |
|
under this section by the previous designation on the area is |
|
removed. |
|
(e) The legislature finds that the powers granted and |
|
restrictions imposed by this section are necessary: |
|
(1) for the proper exercise by the district of the |
|
powers granted by Section 59, Article XVI, Texas Constitution, and |
|
by this chapter; and |
|
(2) to promote and effect the navigation of the inland |
|
and coastal waters of the state. (Acts 53rd Leg., R.S., Ch. 195, |
|
Sec. 3(d).) |
|
CHAPTER 5004. CYPRESS VALLEY NAVIGATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 5004.001. DEFINITIONS |
|
Sec. 5004.002. NATURE OF DISTRICT |
|
Sec. 5004.003. LEGISLATIVE FINDINGS |
|
Sec. 5004.004. LIBERAL CONSTRUCTION OF CHAPTER |
|
Sec. 5004.005. DISTRICT TERRITORY |
|
Sec. 5004.006. EFFECT OF CHAPTER ON NORTHEAST TEXAS |
|
MUNICIPAL WATER DISTRICT |
|
[Sections 5004.007-5004.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 5004.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 5004.052. QUALIFICATIONS FOR OFFICE |
|
Sec. 5004.053. APPOINTMENT OF DIRECTORS |
|
Sec. 5004.054. BOND |
|
Sec. 5004.055. FILING OF OATH |
|
Sec. 5004.056. VACANCIES |
|
Sec. 5004.057. COMPENSATION; EXPENSES |
|
Sec. 5004.058. REMOVAL FROM OFFICE |
|
Sec. 5004.059. OFFICERS |
|
Sec. 5004.060. MEETINGS |
|
[Sections 5004.061-5004.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 5004.101. GENERAL POWERS AND DUTIES |
|
Sec. 5004.102. POWERS REGARDING CANALS, PORTS, |
|
WATERWAYS, AND FACILITIES |
|
Sec. 5004.103. BYLAWS AND RULES |
|
Sec. 5004.104. GIFT OR PURCHASE OF PROPERTY; EMINENT |
|
DOMAIN |
|
Sec. 5004.105. SURPLUS PROPERTY |
|
Sec. 5004.106. GENERAL AUTHORITY TO MAKE CONTRACTS AND |
|
EXECUTE INSTRUMENTS |
|
Sec. 5004.107. CONTRACTS WITH UNITED STATES |
|
Sec. 5004.108. AUTHORITY TO SPEND MONEY FOR SEEKING |
|
COOPERATION |
|
Sec. 5004.109. COOPERATION WITH OTHER GOVERNMENTAL |
|
ENTITIES CONCERNED WITH NAVIGATION ON |
|
BIG CYPRESS RIVER |
|
Sec. 5004.110. EMPLOYMENT OF OFFICERS AND EMPLOYEES |
|
Sec. 5004.111. PERMITS |
|
Sec. 5004.112. AUTHORITY TO SUE AND BE SUED |
|
Sec. 5004.113. SEAL |
|
Sec. 5004.114. RED RIVER COMPACT |
|
[Sections 5004.115-5004.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 5004.151. FORM OF ACCOUNTS; MAINTENANCE OF |
|
RECORDS; PUBLIC INSPECTION |
|
Sec. 5004.152. FILING COPIES OF AUDIT REPORT |
|
Sec. 5004.153. PROCEDURE FOR DISTRIBUTION OF MONEY |
|
Sec. 5004.154. BOND OF CERTAIN OFFICERS, AGENTS, AND |
|
EMPLOYEES |
|
Sec. 5004.155. AUTHORITY TO BORROW MONEY, ACCEPT |
|
GRANTS, AND ISSUE ASSOCIATED REVENUE |
|
BONDS |
|
Sec. 5004.156. AUTHORITY TO BORROW MONEY FOR CURRENT |
|
EXPENSES; EVIDENCE OF OBLIGATION |
|
Sec. 5004.157. NO AUTHORITY FOR AD VALOREM TAX |
|
[Sections 5004.158-5004.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 5004.201. DEFINITION |
|
Sec. 5004.202. AUTHORITY TO ISSUE BONDS |
|
Sec. 5004.203. PROVISIONS OF BOND RESOLUTION OR ORDER; |
|
AUTHORITY TO ADOPT OR EXECUTE OTHER |
|
PROCEEDINGS OR INSTRUMENTS |
|
Sec. 5004.204. FORM OF BONDS |
|
Sec. 5004.205. MATURITY |
|
Sec. 5004.206. USE OF BOND PROCEEDS |
|
Sec. 5004.207. REFUNDING BONDS |
|
CHAPTER 5004. CYPRESS VALLEY NAVIGATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.5004.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Cypress Valley Navigation |
|
District. (V.A.C.S. Art. 8280-340, Secs. 1 (part), 4(a) (part); |
|
New.) |
|
Sec.5004.002.NATURE OF DISTRICT. The district is a |
|
navigation, conservation, and reclamation district. (V.A.C.S. |
|
Art. 8280-340, Sec. 1 (part).) |
|
Sec.5004.003.LEGISLATIVE FINDINGS. (a) All land |
|
included in the district will benefit from the exercise of the power |
|
conferred by this chapter. |
|
(b) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(V.A.C.S. Art. 8280-340, Secs. 1 (part), 2 (part).) |
|
Sec.5004.004.LIBERAL CONSTRUCTION OF CHAPTER. This |
|
chapter shall be liberally construed to effect its purposes. |
|
(V.A.C.S. Art. 8280-340, Sec. 15.) |
|
Sec.5004.005.DISTRICT TERRITORY. The district is |
|
composed of all the territory in the watershed of the Cypress River |
|
and its tributaries in Harrison and Marion Counties as shown by the |
|
state contour maps on file in the office of the Texas Commission on |
|
Environmental Quality, unless the district's territory is modified |
|
under: |
|
(1) Section 3 or 3a, Chapter 103, Acts of the 41st |
|
Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's |
|
Texas Civil Statutes), after August 30, 1965, and before August 30, |
|
1971; |
|
(2) Subchapter H, Chapter 62, Water Code; or |
|
(3) other law. (V.A.C.S. Art. 8280-340, Sec. 2 |
|
(part).) |
|
Sec. 5004.006. EFFECT OF CHAPTER ON NORTHEAST TEXAS |
|
MUNICIPAL WATER DISTRICT. It is recognized that the district |
|
boundaries described by Section 5004.005 partly overlap an area in |
|
the Northeast Texas Municipal Water District as created by Chapter |
|
78, Acts of the 53rd Legislature, Regular Session, 1953 (Article |
|
8280-147, Vernon's Texas Civil Statutes). This chapter does not |
|
alter in any manner the rights, duties, privileges, powers, or |
|
immunities of that district. (V.A.C.S. Art. 8280-340, Sec. 2 |
|
(part).) |
|
[Sections 5004.007-5004.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.5004.051.COMPOSITION OF BOARD; TERMS. (a) All powers |
|
of the district shall be exercised by a board consisting of 10 |
|
directors. |
|
(b) Directors serve staggered terms of two years, with the |
|
terms of: |
|
(1) four directors expiring January 1 of even-numbered |
|
years; and |
|
(2) six directors expiring January 1 of odd-numbered |
|
years. (V.A.C.S. Art. 8280-340, Secs. 4(a) (part), (c) (part).) |
|
Sec.5004.052.QUALIFICATIONS FOR OFFICE. To be eligible |
|
for appointment and to serve as a director, a person must: |
|
(1) be at least 18 years of age; |
|
(2) reside in the district and in Harrison or Marion |
|
County; and |
|
(3) possess the qualifications of a juror. (V.A.C.S. |
|
Art. 8280-340, Secs. 4(a) (part), (c) (part).) |
|
Sec.5004.053.APPOINTMENT OF DIRECTORS. At least 10 but |
|
not more than 30 days before the date on which a director's term of |
|
office expires, the commissioners court of the county of residence |
|
of the retiring director shall designate a successor. (V.A.C.S. |
|
Art. 8280-340, Sec. 4(c) (part).) |
|
Sec.5004.054.BOND. (a) Before assuming the director's |
|
duties, each director shall execute a good and sufficient bond in |
|
the amount of $1,000, payable to the county judges of Harrison and |
|
Marion Counties, for the use and benefit of the district |
|
conditioned on the faithful performance of the director's duties. |
|
(b) The district shall pay the cost of the bond. (V.A.C.S. |
|
Art. 8280-340, Sec. 4(b).) |
|
Sec.5004.055.FILING OF OATH. Before assuming the duties |
|
of office, each director shall file with the board |
|
secretary-treasurer a copy of the constitutional oath of office |
|
taken by the director. (V.A.C.S. Art. 8280-340, Sec. 4(c) (part).) |
|
Sec.5004.056.VACANCIES. If a vacancy occurs on the board, |
|
the commissioners court of the county of residence of the retiring |
|
director shall fill the vacancy by appointment. (V.A.C.S. Art. |
|
8280-340, Sec. 4(c) (part).) |
|
Sec.5004.057.COMPENSATION; EXPENSES. (a) A director may |
|
not be paid for services as a director or as a member of a committee |
|
authorized by the board. |
|
(b) A director may be reimbursed for actual expenses |
|
incurred by the director in performing a service for the district |
|
but only from money raised in the director's county of residence. |
|
(V.A.C.S. Art. 8280-340, Sec. 5.) |
|
Sec.5004.058.REMOVAL FROM OFFICE. (a) A director or |
|
officer is subject to removal or suspension from office by the |
|
affirmative vote of 10 directors for incompetence, official |
|
misconduct, official gross negligence, habitual drunkenness, or |
|
nonattendance at six consecutive regular meetings of the board. |
|
(b) A director or officer may not be removed or suspended |
|
from office until written charges are filed against the director or |
|
officer and the director or officer is given an opportunity for a |
|
fair hearing before the board. (V.A.C.S. Art. 8280-340, Sec. 6.) |
|
Sec.5004.059.OFFICERS. (a) At the first board meeting in |
|
January of each odd-numbered year, the board shall appoint by board |
|
majority: |
|
(1) from the directors, a presiding officer, an |
|
assistant presiding officer, and a secretary-treasurer; and |
|
(2) if considered proper, an assistant secretary and |
|
an assistant treasurer. |
|
(b) The assistant secretary and assistant treasurer: |
|
(1) are not required to be directors; and |
|
(2) may be granted limited powers by the bylaws. |
|
(c) Officers serve two-year terms, except that the |
|
assistant secretary and assistant treasurer, if appointed, hold |
|
office at the pleasure of the board. (V.A.C.S. Art. 8280-340, Sec. |
|
7 (part).) |
|
Sec.5004.060.MEETINGS. (a) All regular and special board |
|
meetings shall be held as provided for by the bylaws. |
|
(b) Notice of all regular and special board meetings shall |
|
be given as required by the bylaws. (V.A.C.S. Art. 8280-340, Sec. 7 |
|
(part).) |
|
[Sections 5004.061-5004.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.5004.101.GENERAL POWERS AND DUTIES. The district |
|
has: |
|
(1) the powers of government and the authority to |
|
exercise the rights, privileges, and functions provided by this |
|
chapter; and |
|
(2) all powers, rights, privileges, and functions |
|
conferred on navigation districts created under Section 59, Article |
|
XVI, Texas Constitution, and conferred on navigation districts by |
|
general law, except as expressly limited by this chapter. |
|
(V.A.C.S. Art. 8280-340, Secs. 1 (part), 3 (part).) |
|
Sec. 5004.102. POWERS REGARDING CANALS, PORTS, WATERWAYS, |
|
AND FACILITIES. The district may: |
|
(1) promote, construct, maintain, operate, make |
|
practicable, aid, and encourage the construction, maintenance, and |
|
operation of navigable canals or waterways and all navigational |
|
systems or facilities auxiliary to navigable canals or waterways, |
|
using the natural bed and banks of the Cypress River and its |
|
tributaries and of Caddo Lake where practicable; |
|
(2) acquire, improve, extend, take over, construct, |
|
maintain, repair, operate, develop, and regulate ports, levees, |
|
wharves, docks, locks, warehouses, grain elevators, dumping |
|
facilities, aids to navigation, or aids consistent with or |
|
necessary to the operation or development of ports or waterways |
|
within the district; and |
|
(3) construct, extend, improve, repair, maintain, |
|
reconstruct, own, use, and operate any facility of any kind |
|
necessary or convenient to the exercise of the powers, rights, |
|
privileges, and functions granted by this chapter. (V.A.C.S. Art. |
|
8280-340, Sec. 3 (part).) |
|
Sec.5004.103.BYLAWS AND RULES. The district may adopt |
|
bylaws and rules for the management, control, and regulation of its |
|
affairs. (V.A.C.S. Art. 8280-340, Sec. 3 (part).) |
|
Sec. 5004.104. GIFT OR PURCHASE OF PROPERTY; EMINENT |
|
DOMAIN. (a) In this section, "property" means property of any |
|
kind, including a lighter, tug, barge, or other floating equipment |
|
of any nature. |
|
(b) If necessary or convenient to exercising a power, right, |
|
privilege, or function conferred on the district by this chapter, |
|
the district: |
|
(1) by gift or purchase may acquire property or an |
|
interest in property that is inside or outside the district |
|
boundaries; or |
|
(2) by exercising the power of eminent domain may |
|
acquire property or an interest in property that is inside the |
|
district boundaries. |
|
(c) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except that the |
|
district is not required to give bond for appeal or bond for costs |
|
in any judicial proceeding. (V.A.C.S. Art. 8280-340, Sec. 3 |
|
(part).) |
|
Sec.5004.105.SURPLUS PROPERTY. The district may sell or |
|
otherwise dispose of property or an interest in property of any kind |
|
that is not considered necessary to carrying on the business of the |
|
district. (V.A.C.S. Art. 8280-340, Sec. 3 (part).) |
|
Sec. 5004.106. GENERAL AUTHORITY TO MAKE CONTRACTS AND |
|
EXECUTE INSTRUMENTS. The district may make a contract or execute an |
|
instrument necessary or convenient to exercising a power, right, |
|
privilege, or function conferred on the district by this chapter. |
|
(V.A.C.S. Art. 8280-340, Sec. 3 (part).) |
|
Sec.5004.107.CONTRACTS WITH UNITED STATES. The district |
|
may: |
|
(1) enter into a contract with the United States, |
|
including a contract to consummate or aid a navigation project |
|
approved or undertaken by the United States; and |
|
(2) assume and become responsible for an obligation of |
|
the United States and enter into an agreement with the United States |
|
to hold and save the United States free from damages due to the |
|
construction and maintenance of navigation works in the district. |
|
(V.A.C.S. Art. 8280-340, Sec. 3 (part).) |
|
Sec. 5004.108. AUTHORITY TO SPEND MONEY FOR SEEKING |
|
COOPERATION. The district may spend any amount reasonably |
|
necessary or expedient for seeking cooperation from the federal |
|
government or any other person in accomplishing the objects of this |
|
chapter. (V.A.C.S. Art. 8280-340, Sec. 3 (part).) |
|
Sec. 5004.109. COOPERATION WITH OTHER GOVERNMENTAL |
|
ENTITIES CONCERNED WITH NAVIGATION ON BIG CYPRESS RIVER. The |
|
district shall cooperate with each commission, agency, district, or |
|
other governmental entity concerned with navigation on the Big |
|
Cypress River to all practical extent. (V.A.C.S. Art. 8280-340, |
|
Sec. 14(c).) |
|
Sec.5004.110.EMPLOYMENT OF OFFICERS AND EMPLOYEES. The |
|
district may employ, prescribe the duties of, and set the |
|
compensation of officers, attorneys, agents, and employees. |
|
(V.A.C.S. Art. 8280-340, Sec. 3 (part).) |
|
Sec.5004.111.PERMITS. The district shall obtain from the |
|
Texas Commission on Environmental Quality any permit required by |
|
general law. (V.A.C.S. Art. 8280-340, Sec. 14(a).) |
|
Sec.5004.112.AUTHORITY TO SUE AND BE SUED. The district |
|
may sue and be sued in its corporate name. (V.A.C.S. Art. 8280-340, |
|
Sec. 3 (part).) |
|
Sec.5004.113.SEAL. The district may adopt and use a |
|
corporate seal. (V.A.C.S. Art. 8280-340, Sec. 3 (part).) |
|
Sec.5004.114.RED RIVER COMPACT. The district shall |
|
comply with the Red River Compact. The creation of the district |
|
does not affect the compact. (V.A.C.S. Art. 8280-340, Sec. 14(b).) |
|
[Sections 5004.115-5004.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 5004.151. FORM OF ACCOUNTS; MAINTENANCE OF RECORDS; |
|
PUBLIC INSPECTION. (a) The board shall keep complete and accurate |
|
accounts conforming to approved methods of bookkeeping. |
|
(b) The accounts and all contracts, documents, and records |
|
shall be: |
|
(1) kept at the district's office; and |
|
(2) open to public inspection at all reasonable times. |
|
(V.A.C.S. Art. 8280-340, Sec. 9 (part).) |
|
Sec.5004.152.FILING COPIES OF AUDIT REPORT. Copies of the |
|
audit report prepared under Subchapter G, Chapter 49, Water Code, |
|
as required by Section 60.002 of that code, shall be filed: |
|
(1) as required by Section 49.194, Water Code; and |
|
(2) with the county clerks of Harrison and Marion |
|
Counties. (V.A.C.S. Art. 8280-340, Sec. 9 (part); New.) |
|
Sec.5004.153.PROCEDURE FOR DISTRIBUTION OF MONEY. |
|
District money shall be distributed only by check, voucher, draft, |
|
order, or other written instrument signed by a person authorized by |
|
board resolution to sign the instrument. (V.A.C.S. Art. 8280-340, |
|
Sec. 9 (part).) |
|
Sec. 5004.154. BOND OF CERTAIN OFFICERS, AGENTS, AND |
|
EMPLOYEES. (a) Each officer, agent, or employee of the district |
|
who is charged with the collection, custody, or payment of district |
|
money shall give bond conditioned on the faithful performance of |
|
the person's duties and accounting for all money and property of the |
|
district coming into the person's hands. |
|
(b) The bond must be in a form and manner and with a surety |
|
authorized to do business in this state approved by the board. |
|
(c) The district shall pay the premium on the bond and |
|
charge the premium as an operating expense. (V.A.C.S. Art. |
|
8280-340, Sec. 10.) |
|
Sec. 5004.155. AUTHORITY TO BORROW MONEY, ACCEPT GRANTS, |
|
AND ISSUE ASSOCIATED REVENUE BONDS. The district may: |
|
(1) borrow money for its corporate purpose consistent |
|
with the constitution and general laws of this state; |
|
(2) borrow money or accept a grant from the United |
|
States or from a corporation or agency created or designated by the |
|
United States and, in connection with the loan or grant, enter into |
|
any agreement the United States or the corporation or agency |
|
requires; and |
|
(3) issue bonds payable from revenue only for the |
|
money borrowed under this section. (V.A.C.S. Art. 8280-340, Sec. 3 |
|
(part).) |
|
Sec. 5004.156. AUTHORITY TO BORROW MONEY FOR CURRENT |
|
EXPENSES; EVIDENCE OF OBLIGATION. (a) The board may: |
|
(1) borrow money for current expenses; and |
|
(2) evidence the borrowed money by notes or warrants |
|
payable not later than the close of the calendar year for which the |
|
loan is made. |
|
(b) The total amount of the notes or warrants may not exceed |
|
the anticipated revenue. (V.A.C.S. Art. 8280-340, Sec. 11 (part).) |
|
Sec.5004.157.NO AUTHORITY FOR AD VALOREM TAX. This |
|
chapter does not authorize the imposition of ad valorem taxes on any |
|
property in the district. (V.A.C.S. Art. 8280-340, Sec. 8.) |
|
[Sections 5004.158-5004.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.5004.201.DEFINITION. In this subchapter, "net |
|
revenue" means the gross revenue derived from the operation of the |
|
improvements and facilities of the district the income of which is |
|
pledged to the payment of district bonds less the reasonable |
|
expense of maintaining and operating those improvements and |
|
facilities, including necessary repair, upkeep, and insurance |
|
expenses for those improvements and facilities. (V.A.C.S. Art. |
|
8280-340, Sec. 11 (part).) |
|
Sec.5004.202.AUTHORITY TO ISSUE BONDS. (a) To provide |
|
money for any of the purposes provided by this chapter or other laws |
|
relating to navigation districts, the board may: |
|
(1) issue district bonds that are secured solely by a |
|
pledge of and payable from the net revenue derived from the |
|
operation of all or a designated part of the improvements and |
|
facilities of the district then in existence or to be constructed or |
|
acquired; or |
|
(2) issue district bonds secured by a pledge of all or |
|
part of the proceeds of one or more contracts previously or |
|
subsequently made or other revenue or income specified by board |
|
resolution. |
|
(b) As long as bonds issued under Subsection (a)(1) are |
|
outstanding, the board shall charge and collect fees, tolls, and |
|
other charges sufficient to: |
|
(1) pay all maintenance and operation expenses of the |
|
improvements and facilities the income of which is pledged; |
|
(2) pay the interest on the bonds as it accrues; |
|
(3) pay the principal of the bonds as they mature; and |
|
(4) make any other payments prescribed in the bond |
|
order or resolution. |
|
(c) All district bonds must be authorized by board |
|
resolution or order. |
|
(d) Bonds payable solely from net revenue may be issued |
|
without an election. (V.A.C.S. Art. 8280-340, Sec. 11 (part).) |
|
Sec. 5004.203. PROVISIONS OF BOND RESOLUTION OR ORDER; |
|
AUTHORITY TO ADOPT OR EXECUTE OTHER PROCEEDINGS OR INSTRUMENTS. |
|
(a) In the resolution or order adopted by the board authorizing the |
|
issuance of bonds payable from net revenue or from the proceeds of a |
|
contract or contracts, the board may: |
|
(1) provide for the flow of funds and the |
|
establishment and maintenance of an interest and sinking fund, |
|
reserve funds, and other funds; |
|
(2) make any additional covenants for the bonds, the |
|
pledged revenue, and the operation, maintenance, and upkeep of the |
|
improvements and facilities the income of which is pledged, |
|
including a provision for leasing all or part of the improvements |
|
and facilities and the use or pledge of money derived from those |
|
leases, as the board considers appropriate; |
|
(3) prohibit the further issuance of bonds or other |
|
obligations payable from the pledged net revenue; |
|
(4) reserve the right to issue additional bonds to be |
|
secured by a pledge of and payable from the net revenue on a parity |
|
with, or subordinate to, the lien and pledge in support of the bonds |
|
being issued, subject to any conditions provided by the resolution |
|
or order; or |
|
(5) include any other provision or covenant, as |
|
determined by the board, that is not prohibited by the Texas |
|
Constitution or this chapter. |
|
(b) The board may adopt and execute any other proceeding or |
|
instrument necessary or convenient to issue the bonds. (V.A.C.S. |
|
Art. 8280-340, Sec. 11 (part).) |
|
Sec.5004.204.FORM OF BONDS. District bonds must: |
|
(1) be issued in the district's name; |
|
(2) be signed by the presiding officer; and |
|
(3) be attested by the secretary-treasurer. (V.A.C.S. |
|
Art. 8280-340, Sec. 11 (part).) |
|
Sec.5004.205.MATURITY. District bonds must mature not |
|
later than 40 years after the date of their issuance. (V.A.C.S. |
|
Art. 8280-340, Sec. 11 (part).) |
|
Sec.5004.206.USE OF BOND PROCEEDS. The board may |
|
appropriate or set aside an amount of proceeds from the sale of any |
|
district bonds for: |
|
(1) the payment of interest expected to accrue during |
|
construction of the improvements or facilities; |
|
(2) reserve funds; and |
|
(3) expenses incurred and to be incurred in the |
|
issuance, sale, and delivery of the bonds. (V.A.C.S. Art. |
|
8280-340, Sec. 11 (part).) |
|
Sec.5004.207.REFUNDING BONDS. (a) The board may issue |
|
refunding bonds of the district to refund any outstanding district |
|
bonds and accrued interest on those bonds. |
|
(b) Refunding bonds may: |
|
(1) be issued to refund more than one series or issue |
|
of the outstanding bonds; |
|
(2) combine the pledges for the outstanding bonds for |
|
the security of the refunding bonds; and |
|
(3) be secured by other or additional revenue. |
|
(c) Refunding under this section may not impair the contract |
|
rights of the holders of any of the outstanding bonds that are not |
|
to be refunded. |
|
(d) Refunding bonds must be authorized by board resolution |
|
or order and be executed and mature as provided by this chapter for |
|
original bonds. |
|
(e) The comptroller shall register the refunding bonds on |
|
surrender and cancellation of the bonds to be refunded. |
|
(f) Instead of issuing bonds to be registered on the |
|
surrender and cancellation of the bonds to be refunded, the |
|
district, in the resolution or order authorizing the issuance of |
|
the refunding bonds, may provide for the sale of the refunding bonds |
|
and the deposit of the proceeds in the place or places at which the |
|
bonds to be refunded are payable. In that case, the refunding bonds |
|
may be issued in an amount sufficient to pay the interest on the |
|
bonds to be refunded to their option date or maturity date, and the |
|
comptroller shall register the refunding bonds without the |
|
surrender and cancellation of the bonds to be refunded. (V.A.C.S. |
|
Art. 8280-340, Sec. 11 (part).) |
|
SECTION 1.05. Subtitle A, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapters 6602, 6603, and 6605 to |
|
read as follows: |
|
CHAPTER 6602. BRAZORIA COUNTY DRAINAGE DISTRICT NUMBER FIVE |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 6602.001. DEFINITIONS |
|
Sec. 6602.002. NATURE OF DISTRICT |
|
Sec. 6602.003. LEGISLATIVE FINDINGS |
|
Sec. 6602.004. DISTRICT TERRITORY |
|
[Sections 6602.005-6602.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT BOARD OF DIRECTORS |
|
Sec. 6602.051. BOARD OF DIRECTORS |
|
[Sections 6602.052-6602.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 6602.101. GENERAL POWERS AND DUTIES |
|
[Sections 6602.102-6602.150 reserved for expansion] |
|
SUBCHAPTER D. FINANCIAL PROVISIONS |
|
Sec. 6602.151. DEPOSITING REVENUE |
|
Sec. 6602.152. RESPONSIBILITY FOR DISTRICT MONEY |
|
[Sections 6602.153-6602.200 reserved for expansion] |
|
SUBCHAPTER E. TAXES |
|
Sec. 6602.201. IMPOSITION OF TAXES |
|
Sec. 6602.202. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 6602. BRAZORIA COUNTY DRAINAGE DISTRICT NUMBER FIVE |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.6602.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Brazoria County Drainage |
|
District Number Five. (New.) |
|
Sec.6602.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district under Section 59, Article |
|
XVI, Texas Constitution. (Acts 41st Leg., 1st C.S., Ch. 36, Secs. 2 |
|
(part), 5 (part).) |
|
Sec.6602.003.LEGISLATIVE FINDINGS. The legislature finds |
|
that: |
|
(1) providing the district with the powers authorized |
|
by Section 59, Article XVI, Texas Constitution, benefits the |
|
citizens and property in the district; |
|
(2) all property in the district benefits; |
|
(3) all property the district benefits is included in |
|
the district; and |
|
(4) the district is essential to accomplish the |
|
purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
41st Leg., 1st C.S., Ch. 36, Secs. 2 (part), 11 (part).) |
|
Sec.6602.004.DISTRICT TERRITORY. The district is |
|
composed of the territory described by Section 1, Chapter 36, Acts |
|
of the 41st Legislature, 1st Called Session, 1929, as that |
|
territory may have been modified under: |
|
(1) Subchapter I, Chapter 56, Water Code, before |
|
September 1, 1995; |
|
(2) Subchapter J, Chapter 56, Water Code; |
|
(3) Subchapter J, Chapter 49, Water Code; or |
|
(4) other law. (New.) |
|
[Sections 6602.005-6602.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT BOARD OF DIRECTORS |
|
Sec.6602.051.BOARD OF DIRECTORS. (a) The board consists |
|
of three directors. |
|
(b) The board has all the powers conferred on a board of |
|
directors under Chapter 56, Water Code. (Acts 41st Leg., 1st C.S., |
|
Ch. 36, Sec. 4 (part); Acts 67th Leg., 1st C.S., Ch. 8, Sec. 57(a) |
|
(part).) |
|
[Sections 6602.052-6602.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.6602.101.GENERAL POWERS AND DUTIES. The district has |
|
the rights, powers, privileges, and duties of a drainage district |
|
created under Section 59, Article XVI, Texas Constitution, |
|
including the right to: |
|
(1) impose taxes; and |
|
(2) issue bonds. (Acts 41st Leg., 1st C.S., Ch. 36, |
|
Secs. 5 (part), 7 (part), 11 (part).) |
|
[Sections 6602.102-6602.150 reserved for expansion] |
|
SUBCHAPTER D. FINANCIAL PROVISIONS |
|
Sec.6602.151.DEPOSITING REVENUE. (a) Tax collections, |
|
after deductions of discounts and fees for collecting taxes, shall |
|
be deposited in the depository of the district. The collections may |
|
be withdrawn as directed by the board. |
|
(b) All other district income shall be deposited in the |
|
district depository. (Acts 41st Leg., 1st C.S., Ch. 36, Sec. 7A(f); |
|
Acts 67th Leg., 1st C.S., Ch. 8, Sec. 57(c) (part).) |
|
Sec.6602.152.RESPONSIBILITY FOR DISTRICT MONEY. (a) The |
|
board is responsible for all money the district receives. |
|
(b) The county judge does not have a duty to countersign any |
|
warrants or checks. The county treasurer and the county auditor do |
|
not have a duty to perform any services for the district. (Acts |
|
41st Leg., 1st C.S., Ch. 36, Sec. 7A(g); Acts 67th Leg., 1st C.S., |
|
Ch. 8, Sec. 57(d) (part).) |
|
[Sections 6602.153-6602.200 reserved for expansion] |
|
SUBCHAPTER E. TAXES |
|
Sec.6602.201.IMPOSITION OF TAXES. Not later than October |
|
1 of each year, for the benefit of the district, the board shall: |
|
(1) impose a tax on all property subject to taxation in |
|
the district to: |
|
(A) meet the requirements of district bonds; and |
|
(B) provide for district maintenance and |
|
operating expenses; and |
|
(2) immediately certify the tax rate to the |
|
assessor-collector of Brazoria County. (Acts 41st Leg., 1st C.S., |
|
Ch. 36, Secs. 7A(a), (b) (part); Acts 67th Leg., 1st C.S., Ch. 8, |
|
Secs. 57(b), (c) (part).) |
|
Sec.6602.202.TAX ASSESSOR-COLLECTOR. (a) The tax |
|
assessor-collector of Brazoria County is the tax |
|
assessor-collector for the district. |
|
(b) The tax assessor-collector shall charge and deduct from |
|
payments to the district amounts for the tax assessor-collector's |
|
services as may be agreed on by the tax assessor-collector and the |
|
board. (Acts 41st Leg., 1st C.S., Ch. 36, Secs. 7A(b) (part), (e); |
|
Acts 67th Leg., 1st C.S., Ch. 8, Sec. 57(c) (part).) |
|
CHAPTER 6603. BROOKSHIRE-KATY DRAINAGE DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 6603.001. DEFINITIONS |
|
Sec. 6603.002. NATURE OF DISTRICT |
|
Sec. 6603.003. FINDINGS OF BENEFIT AND PURPOSE |
|
Sec. 6603.004. DISTRICT TERRITORY |
|
[Sections 6603.005-6603.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT BOARD OF SUPERVISORS |
|
Sec. 6603.051. COMPOSITION OF BOARD |
|
Sec. 6603.052. QUALIFICATIONS |
|
Sec. 6603.053. SUPERVISORS ELECTION |
|
[Sections 6603.054-6603.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 6603.101. GENERAL POWERS AND DUTIES |
|
Sec. 6603.102. CONSTRUCTION OF DRAINAGE FACILITIES OR |
|
IMPROVEMENTS |
|
Sec. 6603.103. CONSISTENCY OF RULES |
|
Sec. 6603.104. LIMIT ON EMINENT DOMAIN POWER |
|
[Sections 6603.105-6603.150 reserved for expansion] |
|
SUBCHAPTER D. TAXES |
|
Sec. 6603.151. IMPOSITION OF TAXES |
|
Sec. 6603.152. DISTRICT TAX ASSESSOR AND COLLECTOR |
|
[Sections 6603.153-6603.200 reserved for expansion] |
|
SUBCHAPTER E. ENFORCEMENT |
|
Sec. 6603.201. CIVIL PENALTY |
|
Sec. 6603.202. INJUNCTIVE RELIEF |
|
Sec. 6603.203. DAMAGES, COURT COSTS, AND ATTORNEY'S |
|
FEES |
|
Sec. 6603.204. PENALTIES CUMULATIVE |
|
CHAPTER 6603. BROOKSHIRE-KATY DRAINAGE DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.6603.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of supervisors of the |
|
district. |
|
(2) "District" means the Brookshire-Katy Drainage |
|
District. |
|
(3) "Supervisor" means a member of the board. |
|
(V.A.C.S. Art. 8280-249, Sec. 1 (part); New.) |
|
Sec.6603.002.NATURE OF DISTRICT. The district is: |
|
(1) a conservation and reclamation district created |
|
and incorporated in Waller County under Section 59, Article XVI, |
|
Texas Constitution, for the sole purpose of the reclamation and |
|
drainage of the district's overflowed lands and other lands needing |
|
drainage; |
|
(2) a fresh water supply district; and |
|
(3) a municipal corporation. (V.A.C.S. Art. 8280-249, |
|
Secs. 1 (part), 2 (part), 6 (part), 7 (part).) |
|
Sec.6603.003.FINDINGS OF BENEFIT AND PURPOSE. (a) The |
|
district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the creation of the district and the improvements |
|
the district will purchase, construct, or otherwise acquire. |
|
(c) The district is essential to accomplish the purposes of |
|
Section 59, Article XVI, Texas Constitution. (V.A.C.S. Art. |
|
8280-249, Secs. 6 (part), 7 (part).) |
|
Sec.6603.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 1, Chapter 203, Acts |
|
of the 57th Legislature, Regular Session, 1961 (Article 8280-249, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter J, Chapter 49, Water Code; or |
|
(2) other law. |
|
(b) The legislature finds that the boundaries of the |
|
district as described by Section 1, Chapter 203, Acts of the 57th |
|
Legislature, Regular Session, 1961 (Article 8280-249, Vernon's |
|
Texas Civil Statutes), and the field notes relating to those |
|
boundaries form a closure. A mistake in the field notes or in |
|
copying the field notes in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's authority to take any action |
|
authorized by this chapter and the general laws; or |
|
(3) the legality or operation of the district or the |
|
board. |
|
(c) It is the intention of the legislature that all land |
|
included in the district as created in 1961 be included in the |
|
boundaries of the district as described by Section 1, Chapter 203, |
|
Acts of the 57th Legislature, Regular Session, 1961 (Article |
|
8280-249, Vernon's Texas Civil Statutes). (V.A.C.S. Art. 8280-249, |
|
Sec. 1A; New.) |
|
[Sections 6603.005-6603.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT BOARD OF SUPERVISORS |
|
Sec.6603.051.COMPOSITION OF BOARD. The board consists of |
|
five supervisors. (V.A.C.S. Art. 8280-249, Sec. 3 (part).) |
|
Sec.6603.052.QUALIFICATIONS. A candidate for supervisor |
|
must: |
|
(1) be at least 18 years of age; |
|
(2) own land subject to taxation in the district; and |
|
(3) reside in the area from which the candidate seeks |
|
election. (V.A.C.S. Art. 8280-249, Sec. 3 (part).) |
|
Sec.6603.053.SUPERVISORS ELECTION. (a) For the election |
|
of supervisors, the district is divided into five areas, numbered |
|
one to five. |
|
(b) Each candidate for supervisor must be designated on the |
|
official ballot according to the number of the area in which the |
|
candidate resides. |
|
(c) Each district voter is entitled to vote for candidates |
|
from all five areas. |
|
(d) The candidate from each area who receives the highest |
|
number of votes for supervisor is elected. (V.A.C.S. Art. |
|
8280-249, Sec. 3 (part).) |
|
[Sections 6603.054-6603.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.6603.101.GENERAL POWERS AND DUTIES. To accomplish |
|
the purposes of Section 6603.002(1), the district has all the |
|
rights, powers, privileges, and duties conferred and imposed by |
|
general law, including Chapters 49 and 53, Water Code, on fresh |
|
water supply districts created under Section 59, Article XVI, Texas |
|
Constitution, including the power to conserve, transport, and |
|
distribute fresh water. (V.A.C.S. Art. 8280-249, Sec. 2 (part).) |
|
Sec. 6603.102. CONSTRUCTION OF DRAINAGE FACILITIES OR |
|
IMPROVEMENTS. (a) Except as provided by Subsection (b), a person |
|
may not construct drainage facilities or improvements on or to |
|
serve a tract of land in the district unless the district has |
|
approved the plans and specifications for the facilities or |
|
improvements. |
|
(b) Plans and specifications for drainage facilities or |
|
improvements located in the corporate limits or the |
|
extraterritorial jurisdiction of a municipality require only the |
|
approval of the municipality if: |
|
(1) the municipality's corporate limits are located in |
|
more than one county; |
|
(2) part of the municipality's corporate limits and |
|
extraterritorial jurisdiction in Waller County is located in the |
|
district; |
|
(3) the municipality has a population of less than |
|
100,000; and |
|
(4) the drainage facilities or improvements are |
|
located outside district-owned property or facilities. |
|
(c) The district may adopt reasonable rules and set |
|
reasonable standards to provide for adequate drainage construction |
|
in accordance with standard engineering practices. The rules and |
|
standards may require the drainage plan to be generally compatible |
|
with the district's master plan. |
|
(d) The district by rule may establish procedures for: |
|
(1) the presentation of plans and specifications to |
|
the district; and |
|
(2) the review and disposition of the plans and |
|
specifications by the district. |
|
(e) The district, after review by its engineer, shall |
|
determine the cost of any drainage facilities or improvements and |
|
recommend to the appropriate governing body with jurisdiction over |
|
the subdivision that a surety bond or other approved security in |
|
that amount for the construction of drainage facilities or |
|
improvements be secured in the name of the governing body. If the |
|
governing body does not secure a bond, the district may secure a |
|
bond for the cost of construction of drainage facilities or |
|
improvements. |
|
(f) The district may refuse to approve plans and |
|
specifications if: |
|
(1) the plans and specifications do not comply with |
|
district rules; or |
|
(2) all applicable fees have not been paid. |
|
(g) This section does not apply to: |
|
(1) agricultural activity; or |
|
(2) any other activity that does not create an |
|
aggregate impervious area of more than one acre. |
|
(h) This section does not limit the authority or |
|
jurisdiction of a municipality or county to regulate plans and |
|
specifications for the construction of drainage facilities or |
|
improvements other than facilities owned or maintained by the |
|
district. |
|
(i) The district's rules and standards for the construction |
|
of drainage facilities or improvements do not apply to a facility or |
|
improvement not owned or maintained by the district in the |
|
corporate limits of a municipality unless the governing body of the |
|
municipality or county requires the person to submit the plans and |
|
specifications for drainage construction to the district. |
|
(V.A.C.S. Art. 8280-249, Sec. 6A.) |
|
Sec.6603.103.CONSISTENCY OF RULES. Rules adopted by the |
|
district must be consistent with Chapters 49 and 53, Water Code. |
|
(V.A.C.S. Art. 8280-249, Sec. 6B(a).) |
|
Sec.6603.104.LIMIT ON EMINENT DOMAIN POWER. The district |
|
may not exercise its power of eminent domain outside the district |
|
without the express consent of the governing body of the |
|
municipality or the commissioners court of the county in which the |
|
territory being condemned is located. (V.A.C.S. Art. 8280-249, |
|
Sec. 6B(b).) |
|
[Sections 6603.105-6603.150 reserved for expansion] |
|
SUBCHAPTER D. TAXES |
|
Sec.6603.151.IMPOSITION OF TAXES. (a) Taxes shall be |
|
imposed under the provisions of the general laws applicable to |
|
fresh water supply districts, including Chapters 49 and 53, Water |
|
Code. The district must hold an election required for the |
|
imposition or increase of taxes in the manner provided by Section |
|
49.107, Water Code. |
|
(b) The district may not impose taxes at a rate that exceeds |
|
75 cents on the $100 valuation of taxable property in the district. |
|
(V.A.C.S. Art. 8280-249, Sec. 5.) |
|
Sec.6603.152.DISTRICT TAX ASSESSOR AND COLLECTOR. (a) |
|
The assessor and collector of taxes for Waller County is the |
|
assessor and collector of taxes for the district. |
|
(b) For services to the district in assessing and collecting |
|
taxes for the district, the assessor and collector may deduct from |
|
all taxes collected on the current year's tax rolls an amount of |
|
money to which the board agrees, not to exceed the amount provided |
|
by the general laws relating to the imposition of ad valorem taxes. |
|
(c) For the collection of delinquent taxes, the assessor and |
|
collector may receive compensation in the same manner as the |
|
assessor and collector receives for collecting delinquent state and |
|
county taxes. The assessor and collector may not duplicate a charge |
|
made for costs of suit related to enforcement of state and county |
|
taxes. (V.A.C.S. Art. 8280-249, Sec. 4.) |
|
[Sections 6603.153-6603.200 reserved for expansion] |
|
SUBCHAPTER E. ENFORCEMENT |
|
Sec.6603.201.CIVIL PENALTY. (a) A person who violates |
|
this chapter or a rule adopted under this chapter is liable to the |
|
district for a civil penalty of not less than $10 or more than $200 |
|
for each violation. |
|
(b) Each day a violation continues is a separate violation. |
|
(V.A.C.S. Art. 8280-249, Sec. 6C(a) (part).) |
|
Sec.6603.202.INJUNCTIVE RELIEF. (a) The district may sue |
|
in a district court to enjoin a violation or threatened violation of |
|
this chapter or a rule adopted under this chapter. |
|
(b) The district may sue for injunctive relief and a civil |
|
penalty in the same proceeding. (V.A.C.S. Art. 8280-249, Sec. |
|
6C(b).) |
|
Sec.6603.203.DAMAGES, COURT COSTS, AND ATTORNEY'S FEES. |
|
If the district sues to recover a civil penalty or for injunctive |
|
relief under this chapter, or to recover any fee or charge under |
|
this chapter, the court may include in any final judgment in favor |
|
of the district an award for damages, the recovery of court costs, |
|
and reasonable attorney's fees. (V.A.C.S. Art. 8280-249, Sec. |
|
6C(c).) |
|
Sec.6603.204.PENALTIES CUMULATIVE. A penalty under this |
|
subchapter is in addition to any other penalty authorized by law. |
|
(V.A.C.S. Art. 8280-249, Sec. 6C(a) (part).) |
|
CHAPTER 6605. BRAZORIA COUNTY DRAINAGE DISTRICT NO. 8 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 6605.001. DEFINITIONS |
|
Sec. 6605.002. NATURE OF DISTRICT |
|
Sec. 6605.003. LEGISLATIVE FINDINGS |
|
Sec. 6605.004. DISTRICT TERRITORY |
|
[Sections 6605.005-6605.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT BOARD OF DIRECTORS |
|
Sec. 6605.051. BOARD OF DIRECTORS |
|
[Sections 6605.052-6605.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 6605.101. GENERAL POWERS AND DUTIES |
|
[Sections 6605.102-6605.150 reserved for expansion] |
|
SUBCHAPTER D. FINANCIAL PROVISIONS |
|
Sec. 6605.151. DEPOSITING REVENUE |
|
Sec. 6605.152. RESPONSIBILITY FOR DISTRICT MONEY |
|
[Sections 6605.153-6605.200 reserved for expansion] |
|
SUBCHAPTER E. TAXES |
|
Sec. 6605.201. IMPOSITION OF TAXES |
|
Sec. 6605.202. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 6605. BRAZORIA COUNTY DRAINAGE DISTRICT NO. 8 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.6605.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Brazoria County Drainage |
|
District No. 8. (New.) |
|
Sec.6605.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district under Section 59, Article |
|
XVI, Texas Constitution. (Acts 41st Leg., 4th C.S., Ch. 6, S.L., |
|
Secs. 2 (part), 5 (part).) |
|
Sec.6605.003.LEGISLATIVE FINDINGS. The legislature finds |
|
that: |
|
(1) providing the district with the powers authorized |
|
by Section 59, Article XVI, Texas Constitution, benefits the |
|
citizens and property in the district; |
|
(2) all property in the district benefits; |
|
(3) all property the district benefits is included in |
|
the district; and |
|
(4) the district is essential to accomplish the |
|
purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
41st Leg., 4th C.S., Ch. 6, S.L., Secs. 2 (part), 11 (part).) |
|
Sec.6605.004.DISTRICT TERRITORY. The district is |
|
composed of the territory described by Section 1, Chapter 6, |
|
Special Laws, Acts of the 41st Legislature, 4th Called Session, |
|
1930, as that territory may have been modified under: |
|
(1) Subchapter I, Chapter 56, Water Code, before |
|
September 1, 1995; |
|
(2) Subchapter J, Chapter 56, Water Code; |
|
(3) Subchapter J, Chapter 49, Water Code; or |
|
(4) other law. (New.) |
|
[Sections 6605.005-6605.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT BOARD OF DIRECTORS |
|
Sec.6605.051.BOARD OF DIRECTORS. (a) The board consists |
|
of three directors. |
|
(b) The board has all the powers conferred on a board of |
|
directors under Chapter 56, Water Code. (Acts 41st Leg., 4th C.S., |
|
Ch. 6, S.L., Sec. 4 (part); Acts 67th Leg., 1st C.S., Ch. 8, Sec. |
|
57(a) (part).) |
|
[Sections 6605.052-6605.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.6605.101.GENERAL POWERS AND DUTIES. The district has |
|
the rights, powers, privileges, and duties of a drainage district |
|
created under Section 59, Article XVI, Texas Constitution, |
|
including the right to: |
|
(1) impose taxes; and |
|
(2) issue bonds. (Acts 41st Leg., 4th C.S., Ch. 6, |
|
S.L., Secs. 5 (part), 7 (part), 11 (part).) |
|
[Sections 6605.102-6605.150 reserved for expansion] |
|
SUBCHAPTER D. FINANCIAL PROVISIONS |
|
Sec.6605.151.DEPOSITING REVENUE. (a) Tax collections, |
|
after deductions of discounts and fees for collecting taxes, shall |
|
be deposited in the depository of the district. The collections may |
|
be withdrawn as directed by the board. |
|
(b) All other district income shall be deposited in the |
|
district depository. (Acts 41st Leg., 4th C.S., Ch. 6, S.L., Sec. |
|
7A(f); Acts 67th Leg., 1st C.S., Ch. 8, Sec. 57(c) (part).) |
|
Sec.6605.152.RESPONSIBILITY FOR DISTRICT MONEY. (a) The |
|
board is responsible for all money the district receives. |
|
(b) The county judge does not have a duty to countersign any |
|
warrants or checks. The county treasurer and the county auditor do |
|
not have a duty to perform any services for the district. (Acts |
|
41st Leg., 4th C.S., Ch. 6, S.L., Sec. 7A(g); Acts 67th Leg., 1st |
|
C.S., Ch. 8, Sec. 57(d) (part).) |
|
[Sections 6605.153-6605.200 reserved for expansion] |
|
SUBCHAPTER E. TAXES |
|
Sec.6605.201.IMPOSITION OF TAXES. Not later than October |
|
1 of each year, for the benefit of the district, the board shall: |
|
(1) impose a tax on all property subject to taxation in |
|
the district to: |
|
(A) meet the requirements of district bonds; and |
|
(B) provide for district maintenance and |
|
operating expenses; and |
|
(2) immediately certify the tax rate to the |
|
assessor-collector of Brazoria County. (Acts 41st Leg., 4th C.S., |
|
Ch. 6, S.L., Secs. 7A(a), (b) (part); Acts 67th Leg., 1st C.S., Ch. |
|
8, Secs. 57(b), (c) (part).) |
|
Sec.6605.202.TAX ASSESSOR-COLLECTOR. (a) The tax |
|
assessor-collector of Brazoria County is the tax |
|
assessor-collector for the district. |
|
(b) The tax assessor-collector shall charge and deduct from |
|
payments to the district amounts for the tax assessor-collector's |
|
services as may be agreed on by the tax assessor-collector and the |
|
board. (Acts 41st Leg., 4th C.S., Ch. 6, S.L., Secs. 7A(b) (part), |
|
(e); Acts 67th Leg., 1st C.S., Ch. 8, Sec. 57(c) (part).) |
|
SECTION 1.06. Subtitle B, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapters 6902, 6903, 6904, 6905, and |
|
6906 to read as follows: |
|
CHAPTER 6902. CRANE COUNTY WATER DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 6902.001. DEFINITIONS |
|
Sec. 6902.002. NATURE OF DISTRICT |
|
Sec. 6902.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 6902.004. DISTRICT TERRITORY |
|
Sec. 6902.005. SUFFICIENT AUTHORITY FOR ENTITIES TO |
|
ACT |
|
[Sections 6902.006-6902.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 6902.051. COMPOSITION OF BOARD |
|
Sec. 6902.052. TERMS |
|
Sec. 6902.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 6902.054. EX OFFICIO DIRECTORS |
|
Sec. 6902.055. VACANCY |
|
Sec. 6902.056. REMOVAL FROM OFFICE |
|
Sec. 6902.057. QUORUM |
|
Sec. 6902.058. BOARD RESOLUTIONS; VOTING REQUIREMENTS |
|
Sec. 6902.059. OFFICERS AND ASSISTANTS |
|
Sec. 6902.060. OFFICER DUTIES |
|
Sec. 6902.061. MEETINGS |
|
Sec. 6902.062. PERSONAL LIABILITY OF DIRECTORS |
|
[Sections 6902.063-6902.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 6902.101. GENERAL POWERS |
|
Sec. 6902.102. AUTHORITY TO SUE AND BE SUED |
|
Sec. 6902.103. SEAL |
|
Sec. 6902.104. BYLAWS; RULES |
|
Sec. 6902.105. GIFTS AND GRANTS |
|
Sec. 6902.106. OFFICE |
|
Sec. 6902.107. EMPLOYEES, AGENTS, AND OFFICERS |
|
Sec. 6902.108. WATER CONSERVATION PROGRAM |
|
Sec. 6902.109. WATER PERMITS |
|
Sec. 6902.110. GENERAL AUTHORITY OF PUBLIC AGENCIES |
|
AND POLITICAL SUBDIVISIONS TO |
|
CONTRACT WITH DISTRICT |
|
Sec. 6902.111. CONTRACTS TO SUPPLY WATER |
|
Sec. 6902.112. SOURCES FOR WATER; ACQUISITION OF LAND; |
|
STORAGE CAPACITY |
|
Sec. 6902.113. ACQUISITION, DISPOSAL, AND MANAGEMENT |
|
OF PROPERTY |
|
Sec. 6902.114. CONSTRUCTION CONTRACTS |
|
Sec. 6902.115. CONVEYANCE OF LAND TO DISTRICT |
|
Sec. 6902.116. SURPLUS PROPERTY |
|
Sec. 6902.117. EMINENT DOMAIN |
|
Sec. 6902.118. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 6902.119. RIGHTS-OF-WAY; EASEMENTS |
|
[Sections 6902.120-6902.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 6902.151. TAX COLLECTION |
|
Sec. 6902.152. ADVISORY DUTIES OF CRANE COUNTY AUDITOR |
|
Sec. 6902.153. DISTRICT MONEY |
|
Sec. 6902.154. DEPOSITORY |
|
Sec. 6902.155. INVESTMENT OF DISTRICT MONEY |
|
Sec. 6902.156. DISTRICT FACILITIES EXEMPT FROM |
|
TAXATION AND ASSESSMENT |
|
[Sections 6902.157-6902.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL BOND PROVISIONS |
|
Sec. 6902.201. AUTHORITY TO ISSUE BONDS |
|
Sec. 6902.202. FORM OF BONDS |
|
Sec. 6902.203. MATURITY |
|
Sec. 6902.204. ELECTION FOR BONDS PAYABLE FROM |
|
PROPERTY TAXES |
|
Sec. 6902.205. BONDS SECURED BY REVENUE; ADDITIONAL |
|
BONDS |
|
Sec. 6902.206. BONDS PAYABLE FROM PROPERTY TAXES |
|
Sec. 6902.207. ADDITIONAL SECURITY |
|
Sec. 6902.208. TRUST INDENTURE |
|
Sec. 6902.209. CHARGES FOR DISTRICT SERVICES |
|
Sec. 6902.210. USE OF BOND PROCEEDS |
|
Sec. 6902.211. APPOINTMENT OF RECEIVER |
|
Sec. 6902.212. LIMITATION ON RIGHTS OF HOLDERS |
|
Sec. 6902.213. BONDS EXEMPT FROM TAXATION |
|
Sec. 6902.214. EXCLUSION OF TERRITORY AFTER ISSUANCE |
|
OF BONDS |
|
[Sections 6902.215-6902.250 reserved for expansion] |
|
SUBCHAPTER F. REFUNDING BONDS |
|
Sec. 6902.251. AUTHORITY TO ISSUE REFUNDING BONDS; |
|
APPLICABILITY OF LAW RELATING TO |
|
OTHER BONDS |
|
Sec. 6902.252. TERMS OF ISSUANCE OF REFUNDING BONDS |
|
Sec. 6902.253. REGISTRATION OF REFUNDING BONDS BY |
|
COMPTROLLER |
|
Sec. 6902.254. ESCROW AGREEMENT |
|
CHAPTER 6902. CRANE COUNTY WATER DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.6902.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Crane County Water District. |
|
(Acts 69th Leg., R.S., Ch. 775, Sec. 2; New.) |
|
Sec.6902.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district created under Section 59, |
|
Article XVI, Texas Constitution. (Acts 69th Leg., R.S., Ch. 775, |
|
Sec. 1 (part).) |
|
Sec.6902.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The accomplishment of the purposes stated in this chapter is for: |
|
(1) the benefit of the people of this state; and |
|
(2) the improvement of their property and industries. |
|
(b) The district, in carrying out the purposes of this |
|
chapter, will be performing an essential public function under the |
|
constitution. (Acts 69th Leg., R.S., Ch. 775, Sec. 22.) |
|
Sec.6902.004.DISTRICT TERRITORY. The district includes |
|
all of the territory in the boundaries of Crane County as the |
|
boundaries of that county existed on January 1, 1985, and as the |
|
district territory may have been modified under: |
|
(1) Subchapter J, Chapter 49, Water Code; or |
|
(2) other law. (Acts 69th Leg., R.S., Ch. 775, Sec. 3; |
|
New.) |
|
Sec.6902.005.SUFFICIENT AUTHORITY FOR ENTITIES TO ACT. |
|
This chapter provides sufficient authority to issue district bonds, |
|
execute contracts and conveyances, and perform any other act or |
|
procedure authorized under this chapter by the district, the City |
|
of Crane, public agencies, special districts, and other political |
|
subdivisions, without reference to other law or a restriction or |
|
limitation contained in other law, except as specifically provided |
|
by this chapter. (Acts 69th Leg., R.S., Ch. 775, Sec. 26 (part).) |
|
[Sections 6902.006-6902.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.6902.051.COMPOSITION OF BOARD. The district is |
|
governed by a board composed of five directors appointed by the |
|
Commissioners Court of Crane County. The directors occupy numbered |
|
places on the board, with the places numbered as Places 1, 2, 3, 4, |
|
and 5. (Acts 69th Leg., R.S., Ch. 775, Secs. 4(a), (d).) |
|
Sec.6902.052.TERMS. Each appointed director shall serve |
|
for a term of two years, with the terms of the directors appointed |
|
to occupy Places 1 and 2 expiring on June 1 of each even-numbered |
|
year and the terms of the directors appointed to occupy Places 3, 4, |
|
and 5 expiring on June 1 of each odd-numbered year. (Acts 69th |
|
Leg., R.S., Ch. 775, Secs. 4(b), (e).) |
|
Sec.6902.053.QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible for appointment as a director, a person must be: |
|
(1) a qualified district voter; and |
|
(2) a district resident. |
|
(b) A director is eligible for reappointment. (Acts 69th |
|
Leg., R.S., Ch. 775, Secs. 4(f), (h).) |
|
Sec.6902.054.EX OFFICIO DIRECTORS. The county judge of |
|
Crane County and the mayor of the City of Crane shall serve as ex |
|
officio directors. The county judge and mayor are entitled to |
|
attend all board meetings and participate in all board proceedings |
|
but are not entitled to vote on matters before the board. (Acts |
|
69th Leg., R.S., Ch. 775, Sec. 4(c).) |
|
Sec.6902.055.VACANCY. The Commissioners Court of Crane |
|
County by appointment shall fill a vacancy on the board for the |
|
unexpired term. (Acts 69th Leg., R.S., Ch. 775, Sec. 4(g).) |
|
Sec.6902.056.REMOVAL FROM OFFICE. After reasonable |
|
notice and a public hearing, the remaining members of the board may |
|
remove a director from office for misfeasance, malfeasance, or |
|
wilful neglect of duty. Reasonable notice and a public hearing are |
|
not required if the director to be removed expressly waives the |
|
notice and hearing in writing. (Acts 69th Leg., R.S., Ch. 775, Sec. |
|
4(i).) |
|
Sec.6902.057.QUORUM. Any three regular directors |
|
constitute a quorum. (Acts 69th Leg., R.S., Ch. 775, Sec. 5(d) |
|
(part).) |
|
Sec.6902.058.BOARD RESOLUTIONS; VOTING REQUIREMENTS. (a) |
|
The district shall act through resolutions adopted by the board. |
|
(b) All regular directors are entitled to vote on matters |
|
before the board. |
|
(c) The affirmative vote of at least three of the regular |
|
directors is necessary to adopt a resolution. (Acts 69th Leg., |
|
R.S., Ch. 775, Sec. 5(d) (part).) |
|
Sec.6902.059.OFFICERS AND ASSISTANTS. (a) The board |
|
shall elect a president, vice president, secretary, and treasurer |
|
at the first meeting of the board in March of each year or at any |
|
time necessary to fill a vacancy. |
|
(b) The board shall elect the president and vice president |
|
from among the directors. The president and vice president shall |
|
serve for terms of one year. |
|
(c) The offices of secretary and treasurer: |
|
(1) may be held by one person; and |
|
(2) are not required to be held by a director. |
|
(d) The board may appoint as assistant board secretary one |
|
or more persons who are not directors. (Acts 69th Leg., R.S., Ch. |
|
775, Secs. 5(a) (part), (b) (part), (c) (part), (e) (part).) |
|
Sec.6902.060.OFFICER DUTIES. (a) The board president |
|
shall preside at board meetings and perform other duties prescribed |
|
by the board. |
|
(b) The board secretary is the official custodian of the |
|
minutes, books, records, and seal of the board and shall perform |
|
other duties and functions prescribed by the board. An assistant |
|
board secretary may perform any duty or function of the board |
|
secretary. |
|
(c) The board treasurer shall perform duties and functions |
|
prescribed by the board. (Acts 69th Leg., R.S., Ch. 775, Secs. 5(a) |
|
(part), (c) (part).) |
|
Sec.6902.061.MEETINGS. The board shall have regular |
|
meetings at times specified by board resolution and shall have |
|
special meetings when called by the board president or by any three |
|
directors. (Acts 69th Leg., R.S., Ch. 775, Sec. 5(f).) |
|
Sec.6902.062.PERSONAL LIABILITY OF DIRECTORS. A director |
|
is not personally liable for any bond issued or contract executed by |
|
the district. (Acts 69th Leg., R.S., Ch. 775, Sec. 5(g).) |
|
[Sections 6902.063-6902.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.6902.101.GENERAL POWERS. The district may exercise |
|
all powers necessary or appropriate to carry out the purposes of |
|
this chapter. (Acts 69th Leg., R.S., Ch. 775, Sec. 7(a).) |
|
Sec.6902.102.AUTHORITY TO SUE AND BE SUED. The district |
|
may sue and be sued in the district's own name. (Acts 69th Leg., |
|
R.S., Ch. 775, Sec. 7(b).) |
|
Sec.6902.103.SEAL. The board may adopt an official seal. |
|
(Acts 69th Leg., R.S., Ch. 775, Sec. 7(c) (part).) |
|
Sec.6902.104.BYLAWS; RULES. The board may adopt and |
|
enforce bylaws and rules. (Acts 69th Leg., R.S., Ch. 775, Sec. 7(c) |
|
(part).) |
|
Sec.6902.105.GIFTS AND GRANTS. The district may request |
|
and accept any appropriation, grant, allocation, subsidy, |
|
guaranty, aid, service, material, or gift from any person. (Acts |
|
69th Leg., R.S., Ch. 775, Sec. 7(g).) |
|
Sec.6902.106.OFFICE. The district may operate and |
|
maintain an office. (Acts 69th Leg., R.S., Ch. 775, Sec. 7(h) |
|
(part).) |
|
Sec.6902.107.EMPLOYEES, AGENTS, AND OFFICERS. The |
|
district may appoint and determine the duties, tenure, |
|
qualifications, and compensation of the officers, employees, |
|
agents, and professional advisors and counselors of the district, |
|
including financial consultants, accountants, attorneys, |
|
architects, engineers, appraisers, and financial experts the board |
|
considers necessary. (Acts 69th Leg., R.S., Ch. 775, Sec. 7(h) |
|
(part).) |
|
Sec.6902.108.WATER CONSERVATION PROGRAM. (a) In this |
|
section, "program of water conservation" means the practices, |
|
techniques, and technologies that will reduce water consumption, |
|
reduce water loss or waste, improve efficiency in water use, or |
|
increase water recycling and reuse so that a water supply is |
|
available for future uses. |
|
(b) The district shall adopt and implement a program of |
|
water conservation consistent with rules and criteria adopted and |
|
enforceable by the Texas Commission on Environmental Quality for |
|
similarly situated districts in the region. (Acts 69th Leg., R.S., |
|
Ch. 775, Sec. 6.) |
|
Sec.6902.109.WATER PERMITS. (a) The district may obtain |
|
water appropriation permits and diversion permits from the Texas |
|
Commission on Environmental Quality. |
|
(b) The district may acquire water appropriation permits |
|
from owners of permits by contract or otherwise. (Acts 69th Leg., |
|
R.S., Ch. 775, Secs. 8(a), (b).) |
|
Sec. 6902.110. GENERAL AUTHORITY OF PUBLIC AGENCIES AND |
|
POLITICAL SUBDIVISIONS TO CONTRACT WITH DISTRICT. A municipality, |
|
public agency, special district, or other political subdivision of |
|
the state, including the City of Crane, may enter into a contract or |
|
agreement with the district for a water supply, or for any purpose |
|
relating to the district's powers or functions, on terms agreed to |
|
by the parties. Approval, notice, consent, or an election is not |
|
required in connection with a contract or agreement. (Acts 69th |
|
Leg., R.S., Ch. 775, Sec. 9(c) (part).) |
|
Sec.6902.111.CONTRACTS TO SUPPLY WATER. (a) The district |
|
may contract with municipalities, public agencies, special |
|
districts, other political subdivisions of the state, and other |
|
entities, including the City of Crane, for supplying water to them. |
|
The district may sell water inside or outside the boundaries of the |
|
district. |
|
(b) A contract with the City of Crane must provide that the |
|
city will pay to the district a portion of any surplus revenue from |
|
the operation of the city's water system. |
|
(c) The district may contract with a municipality, public |
|
agency, special district, or other political subdivision of the |
|
state for the rental or leasing of or for the operation of the water |
|
production, water field, water supply, water filtration or |
|
purification, or water supply facilities of the entity on the |
|
consideration agreed to by the district and the entity. |
|
(d) A contract may include the terms and be for the time |
|
agreed to by the parties. |
|
(e) A contract may provide that it will continue in effect |
|
until bonds specified in it and refunding bonds issued in lieu of |
|
those bonds are paid. |
|
(f) The district may contract with the City of Crane for the |
|
operation of the district's water facilities by the City of Crane. |
|
An election is not required in connection with the contract. (Acts |
|
69th Leg., R.S., Ch. 775, Secs. 9(b) (part), 19.) |
|
Sec. 6902.112. SOURCES FOR WATER; ACQUISITION OF LAND; |
|
STORAGE CAPACITY. (a) The district may acquire or construct inside |
|
or outside the district one or more reservoirs and any work, water |
|
well, water field, pump, plant, transmission line, or other |
|
facility necessary or useful to divert, impound, drill for, store, |
|
treat, or transport water to the City of Crane and others for |
|
municipal, domestic, industrial, mining, oil flooding, or other |
|
useful purposes. |
|
(b) The district may acquire land or an interest in land, |
|
inside or outside the district, for any work, water well, water |
|
field, pump, plant, or other facility necessary or useful to |
|
divert, impound, drill for, store, treat, or transport water to the |
|
City of Crane and others for municipal, domestic, industrial, |
|
mining, oil flooding, or any other useful purpose. |
|
(c) The district may lease, purchase, or otherwise acquire |
|
rights in and to storage and storage capacity in any reservoir |
|
constructed or to be constructed by any person. |
|
(d) The district may develop or otherwise acquire |
|
underground sources of water. (Acts 69th Leg., R.S., Ch. 775, Secs. |
|
8(c), 9(a) (part), (b) (part), 10 (part).) |
|
Sec. 6902.113. ACQUISITION, DISPOSAL, AND MANAGEMENT OF |
|
PROPERTY. The district may: |
|
(1) acquire, own, rent, lease, accept, hold, or |
|
dispose of property or an interest in property, including a right or |
|
easement, by any means, including purchase, exchange, gift, |
|
assignment, condemnation, sale, or lease, to perform a duty or |
|
exercise a power under this chapter; |
|
(2) sell, assign, lease, encumber, mortgage, or |
|
otherwise dispose of property or an interest in property, and |
|
release or relinquish a right, title, claim, lien, interest, |
|
easement, or demand by public or private sale, with or without |
|
public bidding, notwithstanding any other law; |
|
(3) lease or rent any land, buildings, structures, or |
|
facilities to carry out the purposes of this chapter; and |
|
(4) manage, operate, or improve property. (Acts 69th |
|
Leg., R.S., Ch. 775, Secs. 7(e), (f).) |
|
Sec.6902.114.CONSTRUCTION CONTRACTS. (a) The district |
|
may award a construction contract that requires an expenditure of |
|
more than $5,000 only after publication of notice to bidders once |
|
each week for two consecutive weeks in a newspaper of general |
|
circulation in the district. |
|
(b) The notice is sufficient if it states: |
|
(1) the time and place for opening the bids; |
|
(2) the general nature of the work to be done or the |
|
material, equipment, or supplies to be purchased; and |
|
(3) the place where the terms of bidding and copies of |
|
the plans and specifications may be obtained. (Acts 69th Leg., |
|
R.S., Ch. 775, Sec. 13.) |
|
Sec.6902.115.CONVEYANCE OF LAND TO DISTRICT. A |
|
municipality, public agency, special district, or other political |
|
subdivision of the state, including the City of Crane, may lease, |
|
sell, or otherwise convey its land or an interest in land to the |
|
district for consideration that the parties agree is adequate. |
|
Approval, notice, consent, or an election is not required in |
|
connection with a conveyance, contract, or agreement. (Acts 69th |
|
Leg., R.S., Ch. 775, Sec. 9(c) (part).) |
|
Sec.6902.116.SURPLUS PROPERTY. Subject to the terms of a |
|
resolution or deed of trust authorizing or securing bonds issued by |
|
the district, the district may sell, lease, rent, trade, or |
|
otherwise dispose of property the board considers not needed for |
|
district purposes. (Acts 69th Leg., R.S., Ch. 775, Sec. 10 (part).) |
|
Sec.6902.117.EMINENT DOMAIN. (a) To carry out a power |
|
conferred by this chapter, the district may exercise the power of |
|
eminent domain to acquire the fee simple title to land or any other |
|
interest in land and other property and easements, including water |
|
rights, land, or any interest in land needed for water fields, water |
|
wells, or reservoir and dam and flood easements above the probable |
|
high water line around any reservoirs inside or outside the |
|
district. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code. |
|
(c) The board shall determine the amount and the type of the |
|
interest in land, other property, and easements to be acquired. |
|
(Acts 69th Leg., R.S., Ch. 775, Secs. 11(a), (b).) |
|
Sec.6902.118.COST OF RELOCATING OR ALTERING PROPERTY. |
|
(a) In this section, "sole expense" means the actual cost of the |
|
relocating, raising, lowering, rerouting, or change in grade or |
|
alteration of construction required under Subsection (b) to provide |
|
a comparable replacement without enhancing the facility, after |
|
deducting the net salvage value derived from the old facility. |
|
(b) If the district's exercise of eminent domain, police |
|
power, or of another power conferred by this chapter requires |
|
relocating, raising, lowering, rerouting, or changing the grade of, |
|
or altering the construction of any railroad, electric |
|
transmission, telegraph, or telephone line, conduit, pole, |
|
property or facility, or pipeline, the action shall be accomplished |
|
at the sole expense of the district. (Acts 69th Leg., R.S., Ch. |
|
775, Sec. 11(c).) |
|
Sec.6902.119.RIGHTS-OF-WAY; EASEMENTS. The district |
|
has necessary or useful rights-of-way and easements along, over, |
|
under, and across all public, state, municipal, and county roads, |
|
highways, and places for any of its purposes. The district shall |
|
restore a facility used by the district to its previous condition as |
|
nearly as possible at the sole expense of the district as defined by |
|
Section 6902.118(a). (Acts 69th Leg., R.S., Ch. 775, Sec. 12(b).) |
|
[Sections 6902.120-6902.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.6902.151.TAX COLLECTION. The district shall contract |
|
with Crane County to collect property taxes for the district. (Acts |
|
69th Leg., R.S., Ch. 775, Sec. 24(b).) |
|
Sec.6902.152.ADVISORY DUTIES OF CRANE COUNTY AUDITOR. |
|
The Crane County auditor shall serve as an advisor to the district, |
|
without remuneration, for the preparation of the district's budget |
|
and the imposition of the district's property taxes. (Acts 69th |
|
Leg., R.S., Ch. 775, Sec. 24(c).) |
|
Sec.6902.153.DISTRICT MONEY. The district may acquire, |
|
hold, use, and dispose of its money from any source. (Acts 69th |
|
Leg., R.S., Ch. 775, Sec. 7(d) (part).) |
|
Sec.6902.154.DEPOSITORY. (a) The board may select and |
|
shall designate one or more banks inside or outside the district to |
|
serve as the depository for the district's money. |
|
(b) The district's money shall be deposited in the |
|
depository designated by the board, except that: |
|
(1) bond proceeds and money pledged to pay bonds, to |
|
the extent provided in a resolution or trust indenture authorizing |
|
or securing district bonds, may be deposited with another bank or |
|
trustee named in the bond resolution or trust indenture; and |
|
(2) money shall be remitted to each paying agent for |
|
the payment of principal of and interest on the bonds. |
|
(c) To the extent that money in a depository bank or trustee |
|
bank is not insured by the Federal Deposit Insurance Corporation, |
|
the money must be secured in the manner provided by law for the |
|
security of county funds. (Acts 69th Leg., R.S., Ch. 775, Secs. |
|
7(d) (part), 20(a), (b), (c).) |
|
Sec.6902.155.INVESTMENT OF DISTRICT MONEY. The board may |
|
invest district money as determined by the board or in the manner |
|
provided by a resolution or trust indenture authorizing or securing |
|
district bonds. (Acts 69th Leg., R.S., Ch. 775, Sec. 20(d).) |
|
Sec. 6902.156. DISTRICT FACILITIES EXEMPT FROM TAXATION AND |
|
ASSESSMENT. The district is not required to pay a tax or assessment |
|
on its facilities or any part of its facilities. (Acts 69th Leg., |
|
R.S., Ch. 775, Sec. 23 (part).) |
|
[Sections 6902.157-6902.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL BOND PROVISIONS |
|
Sec.6902.201.AUTHORITY TO ISSUE BONDS. (a) The district |
|
may issue bonds to carry out any power provided by this chapter. |
|
The bonds must be authorized by a board resolution. |
|
(b) The bonds may be payable from and secured by revenue or |
|
property taxes, or both revenue and property taxes, of the |
|
district, in the manner and under the terms of the resolution |
|
authorizing the issuance of the bonds. |
|
(c) The district may issue bonds, provide for and secure the |
|
payment of the bonds, and provide for the rights of the bondholders, |
|
in the manner and to the extent permitted by this chapter. (Acts |
|
69th Leg., R.S., Ch. 775, Secs. 7(i), 14(a), (b) (part), (c), (e) |
|
(part).) |
|
Sec.6902.202.FORM OF BONDS. (a) A district bond must be: |
|
(1) issued in the district's name; |
|
(2) signed by the president or vice president; |
|
(3) attested by the secretary; and |
|
(4) bear the district seal. |
|
(b) The district seal may be impressed or printed on the |
|
bonds. (Acts 69th Leg., R.S., Ch. 775, Sec. 14(b) (part).) |
|
Sec.6902.203.MATURITY. District bonds must mature not |
|
later than 40 years after the date of their issuance. (Acts 69th |
|
Leg., R.S., Ch. 775, Sec. 14(b) (part).) |
|
Sec. 6902.204. ELECTION FOR BONDS PAYABLE FROM PROPERTY |
|
TAXES. (a) The district may not issue bonds, except refunding |
|
bonds, payable wholly or partly from property taxes unless the |
|
issuance of the bonds is authorized by a majority of the district |
|
voters at an election. |
|
(b) The district may issue bonds not payable wholly or |
|
partly from property taxes without an election. |
|
(c) A bond election may be called by the board on a motion of |
|
the board. |
|
(d) A resolution calling a bond election must state: |
|
(1) the time and each place for holding the election; |
|
(2) the purpose for which the bonds are to be issued; |
|
(3) the amount of the bonds; |
|
(4) the form of the ballot; and |
|
(5) other matters considered necessary or advisable by |
|
the board. |
|
(e) The board shall give notice of the election by |
|
publishing a substantial copy of the resolution calling the |
|
election in a newspaper with general circulation in the district |
|
once a week for two consecutive weeks, with the first publication to |
|
be not later than the 14th day before the date of the election. |
|
(Acts 69th Leg., R.S., Ch. 775, Secs. 17(a), (c), (d), (e), (f).) |
|
Sec.6902.205.BONDS SECURED BY REVENUE; ADDITIONAL BONDS. |
|
(a) Bonds issued under this subchapter may be secured by a pledge |
|
of all or part of the district's revenue, or by all or part of the |
|
revenue of one or more district contracts or other revenue or income |
|
specified by board resolution or a trust indenture securing the |
|
bonds. The pledge may reserve the right, under conditions |
|
specified by the pledge, to issue additional bonds that will be on a |
|
parity with or subordinate to the bonds being issued. |
|
(b) The district may issue bonds secured by both property |
|
taxes and revenue of the district. (Acts 69th Leg., R.S., Ch. 775, |
|
Secs. 14(d), (e) (part).) |
|
Sec.6902.206.BONDS PAYABLE FROM PROPERTY TAXES. (a) If |
|
bonds are issued payable wholly or partly from property taxes, the |
|
board must impose a tax on the taxable property in the district in |
|
an amount sufficient to pay the principal of and interest on the |
|
bonds. |
|
(b) The district may adopt the rate of a tax imposed under |
|
Subsection (a) after giving consideration to the money received |
|
from the pledged revenue that may be available for payment of |
|
principal and interest, to the extent and in the manner permitted by |
|
the resolution authorizing the issuance of the bonds. (Acts 69th |
|
Leg., R.S., Ch. 775, Sec. 14(e) (part).) |
|
Sec.6902.207.ADDITIONAL SECURITY. (a) Bonds not payable |
|
wholly from ad valorem taxes may be additionally secured, at the |
|
discretion of the board, by a deed of trust or mortgage lien on |
|
physical property of the district, franchises, easements, water |
|
rights and appropriation permits, leases, contracts, and all rights |
|
appurtenant to the property, vesting in the trustee power to: |
|
(1) sell the property for the payment of the debt; |
|
(2) operate the property; and |
|
(3) take other action to further secure the bonds. |
|
(b) A purchaser under a sale under the deed of trust lien, if |
|
one is given: |
|
(1) is the absolute owner of property, facilities, and |
|
rights purchased; and |
|
(2) is entitled to maintain and operate the property |
|
and facilities. (Acts 69th Leg., R.S., Ch. 775, Secs. 16(a) (part), |
|
(b), (d).) |
|
Sec.6902.208.TRUST INDENTURE. (a) A bond issued under |
|
this subchapter, including a refunding bond, that is not payable |
|
wholly from property taxes may be additionally secured by a trust |
|
indenture. The trustee may be a bank with trust powers located |
|
inside or outside the state. |
|
(b) A trust indenture, regardless of the existence of the |
|
deed of trust or mortgage lien on the property, may: |
|
(1) provide for the security of the bonds and the |
|
preservation of the trust estate in the manner prescribed by the |
|
board; |
|
(2) provide for amendment or modification of the trust |
|
indenture; |
|
(3) provide for the issuance of bonds to replace lost |
|
or mutilated bonds; |
|
(4) condition the right to spend district money or |
|
sell district property on the approval of a licensed engineer |
|
selected as provided by this chapter; and |
|
(5) provide for the investment of district money. |
|
(Acts 69th Leg., R.S., Ch. 775, Secs. 16(a), (c).) |
|
Sec.6902.209.CHARGES FOR DISTRICT SERVICES. (a) If bonds |
|
payable wholly from revenue are issued, the board shall set the |
|
rates of compensation for water sold and services provided by the |
|
district. The rates must be sufficient to: |
|
(1) pay the expense of operating and maintaining |
|
district facilities; |
|
(2) pay the principal of and interest on the bonds when |
|
due; and |
|
(3) maintain the reserve fund and other funds as |
|
provided in the resolution authorizing the bonds. |
|
(b) If bonds payable partly from revenue are issued, the |
|
board shall set the rate of compensation for water sold and any |
|
other services provided by the district. The rate must be |
|
sufficient to ensure compliance with the resolution authorizing the |
|
bonds or the trust indenture securing the bonds. (Acts 69th Leg., |
|
R.S., Ch. 775, Sec. 14(f).) |
|
Sec.6902.210.USE OF BOND PROCEEDS. (a) The district may |
|
set aside and use an amount of proceeds from the sale of bonds |
|
issued under this subchapter for: |
|
(1) the payment of interest expected to accrue during |
|
construction not to exceed three years; |
|
(2) a reserve interest and sinking fund; and |
|
(3) other funds provided by the resolution authorizing |
|
the bonds or in the trust indenture. |
|
(b) The district may use proceeds from the sale of the bonds |
|
to pay any expense necessarily incurred in accomplishing the |
|
purpose of the district, including any expense of issuing and |
|
selling the bonds. (Acts 69th Leg., R.S., Ch. 775, Sec. 14(g).) |
|
Sec.6902.211.APPOINTMENT OF RECEIVER. (a) On default or |
|
threatened default in the payment of principal of or interest on |
|
bonds issued under this subchapter that are payable wholly or |
|
partly from revenue, a court may, on petition of the holders of |
|
outstanding bonds, appoint a receiver for the district. |
|
(b) The receiver may collect and receive all district |
|
income, except taxes, employ and discharge district agents and |
|
employees, take charge of money on hand, except money received from |
|
taxes, unless commingled, and manage the proprietary affairs of the |
|
district without the consent of the board. |
|
(c) The receiver may be authorized to sell or contract for |
|
the sale of water or renew those contracts with the approval of the |
|
court that appointed the receiver. |
|
(d) The court may vest the receiver with any other power or |
|
duty the court finds necessary to protect the bondholders. (Acts |
|
69th Leg., R.S., Ch. 775, Sec. 14(h) (part).) |
|
Sec.6902.212.LIMITATION ON RIGHTS OF HOLDERS. The |
|
resolution authorizing the bonds or the trust indenture securing |
|
the bonds may limit or qualify the rights of the holders of less |
|
than all of the outstanding bonds payable from the same source to |
|
institute or prosecute litigation affecting the district's |
|
property or income. (Acts 69th Leg., R.S., Ch. 775, Sec. 14(h) |
|
(part).) |
|
Sec.6902.213.BONDS EXEMPT FROM TAXATION. A bond issued |
|
under this chapter, the transfer of the bond, and income from the |
|
bond, including profits made on the sale of the bond, are exempt |
|
from taxation in this state. (Acts 69th Leg., R.S., Ch. 775, Sec. |
|
23 (part).) |
|
Sec. 6902.214. EXCLUSION OF TERRITORY AFTER ISSUANCE OF |
|
BONDS. Territory may not be excluded from the district after the |
|
issuance of bonds. (Acts 69th Leg., R.S., Ch. 775, Sec. 17(b).) |
|
[Sections 6902.215-6902.250 reserved for expansion] |
|
SUBCHAPTER F. REFUNDING BONDS |
|
Sec. 6902.251. AUTHORITY TO ISSUE REFUNDING BONDS; |
|
APPLICABILITY OF LAW RELATING TO OTHER BONDS. (a) The district may |
|
issue refunding bonds to refund outstanding bonds issued under this |
|
chapter and interest on those bonds. |
|
(b) The provisions of this chapter relating to the issuance |
|
by the district of other bonds, their security, their approval by |
|
the attorney general, and the remedies of the bondholders apply to |
|
refunding bonds. |
|
(c) An election is not required for refunding bonds. |
|
(d) The district may also issue refunding bonds under any |
|
other applicable law. (Acts 69th Leg., R.S., Ch. 775, Secs. 15(a), |
|
(c), (e) (part).) |
|
Sec.6902.252.TERMS OF ISSUANCE OF REFUNDING BONDS. |
|
Refunding bonds may: |
|
(1) be issued to refund bonds of more than one series; |
|
(2) combine the pledges for the outstanding bonds for |
|
the security of the refunding bonds; or |
|
(3) be secured by a pledge of other or additional |
|
revenue or mortgage liens. (Acts 69th Leg., R.S., Ch. 775, Sec. |
|
15(b).) |
|
Sec. 6902.253. REGISTRATION OF REFUNDING BONDS BY |
|
COMPTROLLER. (a) The comptroller shall register the refunding |
|
bonds on the surrender and cancellation of the bonds to be refunded. |
|
(b) Instead of issuing bonds to be registered on the |
|
surrender and cancellation of the bonds to be refunded, the |
|
district, in the resolution authorizing the issuance of the |
|
refunding bonds, may provide for the sale of the refunding bonds and |
|
the deposit of the proceeds, together with other money that may be |
|
available, in a bank at which the bonds to be refunded are payable. |
|
In that case, the refunding bonds may be issued in an amount |
|
sufficient to pay the principal of and interest and any required |
|
redemption premium on the bonds to be refunded to any redemption |
|
date or to their maturity date, and the comptroller shall register |
|
the refunding bonds without the surrender and cancellation of the |
|
bonds to be refunded. |
|
(c) The provisions described by Subsection (b) constitute |
|
the making of firm banking arrangements for the discharge and final |
|
payment or redemption of the bonds to be refunded or to be paid or |
|
redeemed. (Acts 69th Leg., R.S., Ch. 775, Sec. 15(d).) |
|
Sec.6902.254.ESCROW AGREEMENT. (a) The district may |
|
enter into an escrow or similar agreement with any place of payment, |
|
paying agent, or trustee with respect to the safekeeping, |
|
investment, administration, and disposition of a deposit made under |
|
Section 6902.253(b). |
|
(b) A deposit under Section 6902.253(b) may be invested only |
|
in direct obligations of the United States, including obligations |
|
the principal of and interest on which are unconditionally |
|
guaranteed by the United States, that mature and bear interest |
|
payable at the times and in amounts sufficient to provide for the |
|
scheduled payment or redemption of the bonds to be refunded. The |
|
obligations may be in book-entry form. |
|
(c) The district must enter into an agreement under |
|
Subsection (a) if a bond to be refunded is scheduled to be paid or |
|
redeemed on a date later than the next scheduled interest payment |
|
date. (Acts 69th Leg., R.S., Ch. 775, Sec. 15(e) (part).) |
|
CHAPTER 6903. EASTLAND COUNTY WATER SUPPLY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 6903.001. DEFINITIONS |
|
Sec. 6903.002. NATURE OF DISTRICT |
|
Sec. 6903.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
[Sections 6903.004-6903.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT |
|
TERRITORY |
|
Sec. 6903.051. DISTRICT TERRITORY |
|
Sec. 6903.052. AUTHORITY TO ANNEX TERRITORY |
|
Sec. 6903.053. PETITION FOR ANNEXATION; BOARD FINDINGS |
|
AND RESOLUTION |
|
Sec. 6903.054. COMMISSIONERS COURT RESOLUTION; HEARING |
|
Sec. 6903.055. ANNEXATION HEARING |
|
Sec. 6903.056. COMMISSIONERS COURT FINDINGS AND |
|
RESOLUTION; ELECTION |
|
Sec. 6903.057. NOTICE OF ANNEXATION ELECTION |
|
Sec. 6903.058. ELECTION RESULTS |
|
Sec. 6903.059. ASSUMPTION OF DEBT; TAXES |
|
Sec. 6903.060. RESTRICTION ON ANNEXATION OF RAILROAD |
|
RIGHT-OF-WAY |
|
[Sections 6903.061-6903.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec. 6903.101. COMPOSITION OF BOARD; TERMS |
|
Sec. 6903.102. QUALIFICATIONS FOR OFFICE |
|
Sec. 6903.103. LOCATION AND NOTICE FOR DIRECTORS |
|
ELECTION; RESULTS |
|
Sec. 6903.104. BALLOT PROCEDURE FOR CANDIDATES |
|
Sec. 6903.105. APPOINTMENT OF SECRETARY AND TREASURER |
|
Sec. 6903.106. VOTE BY BOARD PRESIDENT |
|
Sec. 6903.107. DIRECTOR'S AND TREASURER'S BOND |
|
Sec. 6903.108. COMPENSATION |
|
[Sections 6903.109-6903.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL POWERS AND DUTIES |
|
Sec. 6903.151. CONSTRUCTION OF DAM |
|
Sec. 6903.152. UNDERGROUND SOURCES OF WATER |
|
Sec. 6903.153. CONSTRUCTION OR ACQUISITION OF PROPERTY |
|
Sec. 6903.154. WATER APPROPRIATION PERMITS |
|
Sec. 6903.155. PURCHASE OF WATER |
|
Sec. 6903.156. SURPLUS PROPERTY |
|
Sec. 6903.157. EMINENT DOMAIN |
|
Sec. 6903.158. PARKS AND RECREATION FACILITIES |
|
Sec. 6903.159. CONSTRUCTION CONTRACTS |
|
Sec. 6903.160. CONTRACTS TO SUPPLY WATER |
|
Sec. 6903.161. CONTRACTS FOR TOLL BRIDGES OR FERRY |
|
SERVICE |
|
[Sections 6903.162-6903.200 reserved for expansion] |
|
SUBCHAPTER E. REGULATORY POWERS |
|
Sec. 6903.201. ADOPTION OF RULES |
|
Sec. 6903.202. ENFORCEMENT OF RULES; PENALTY |
|
Sec. 6903.203. NOTICE OF RULE PROVIDING PENALTY |
|
Sec. 6903.204. JUDICIAL NOTICE OF RULES |
|
Sec. 6903.205. ENFORCEMENT BY PEACE OFFICERS |
|
[Sections 6903.206-6903.250 reserved for expansion] |
|
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS |
|
Sec. 6903.251. DEPOSITORY |
|
Sec. 6903.252. TAX ASSESSOR AND COLLECTOR |
|
Sec. 6903.253. PROJECTS EXEMPT FROM ASSESSMENT OR |
|
TAXATION |
|
[Sections 6903.254-6903.300 reserved for expansion] |
|
SUBCHAPTER G. BONDS |
|
Sec. 6903.301. AUTHORITY TO ISSUE BONDS |
|
Sec. 6903.302. FORM OF BONDS |
|
Sec. 6903.303. MATURITY |
|
Sec. 6903.304. ELECTION FOR BONDS PAYABLE FROM AD |
|
VALOREM TAXES |
|
Sec. 6903.305. BONDS PAYABLE FROM REVENUE |
|
Sec. 6903.306. BONDS PAYABLE FROM AD VALOREM TAXES |
|
Sec. 6903.307. TAX AND RATE REQUIREMENTS |
|
Sec. 6903.308. ADDITIONAL SECURITY |
|
Sec. 6903.309. USE OF BOND PROCEEDS |
|
Sec. 6903.310. APPOINTMENT OF RECEIVER |
|
Sec. 6903.311. REFUNDING BONDS |
|
Sec. 6903.312. BONDS EXEMPT FROM TAXATION |
|
CHAPTER 6903. EASTLAND COUNTY WATER SUPPLY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.6903.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Commissioners court" means the Commissioners |
|
Court of Eastland County. |
|
(3) "Director" means a member of the board. |
|
(4) "District" means the Eastland County Water Supply |
|
District. (Acts 51st Leg., R.S., Ch. 465, Sec. 1 (part); New.) |
|
Sec.6903.002.NATURE OF DISTRICT. The district is created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 51st |
|
Leg., R.S., Ch. 465, Sec. 1 (part).) |
|
Sec.6903.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
All land in the district will benefit from the improvement to be |
|
acquired and constructed by the district. |
|
(b) The accomplishment of the purposes stated in this |
|
chapter is for the benefit of the people of this state and for the |
|
improvement of their property and industries. The district, in |
|
carrying out the purposes of this chapter, will be performing an |
|
essential public function under the Texas Constitution. (Acts 51st |
|
Leg., R.S., Ch. 465, Secs. 2 (part), 19 (part).) |
|
[Sections 6903.004-6903.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT |
|
TERRITORY |
|
Sec.6903.051.DISTRICT TERRITORY. The district is |
|
composed of the territory in the city of Ranger on May 26, 1949, and |
|
the territory in the city of Eastland that was added to the district |
|
before June 8, 1953. The district's territory may have been |
|
modified under: |
|
(1) this subchapter or its predecessor statute, |
|
Section 5, Chapter 465, Acts of the 51st Legislature, Regular |
|
Session, 1949; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. (Acts 51st Leg., R.S., Ch. 465, Secs. 2 |
|
(part), 3(a) (part); New.) |
|
Sec.6903.052.AUTHORITY TO ANNEX TERRITORY. Territory, |
|
whether contiguous to the district or not, and inside or outside |
|
Eastland County, may be annexed to the district in the manner |
|
provided by this subchapter. (Acts 51st Leg., R.S., Ch. 465, Sec. 5 |
|
(part).) |
|
Sec. 6903.053. PETITION FOR ANNEXATION; BOARD FINDINGS AND |
|
RESOLUTION. (a) The board may annex territory under this |
|
subchapter if a petition requesting annexation is signed by 50 |
|
registered voters of the territory to be annexed who own taxable |
|
property in that territory, or a majority of the registered voters |
|
of that territory who own taxable property in that territory, and is |
|
filed with the board. The petition must describe the territory to |
|
be annexed by metes and bounds, or otherwise, except that if the |
|
territory is the same as that contained in a municipality, the |
|
petition is sufficient if it states that the territory to be annexed |
|
is the territory contained in the municipality. |
|
(b) If the board determines that the petition complies with |
|
Subsection (a), that the annexation would be in the interest of the |
|
district, and that the district will be able to supply water to the |
|
territory, the board shall adopt a resolution: |
|
(1) stating the conditions, if any, under which the |
|
territory may be annexed to the district; and |
|
(2) requesting the commissioners court to annex the |
|
territory to the district. |
|
(c) A certified copy of the resolution and petition shall be |
|
filed with the commissioners court. (Acts 51st Leg., R.S., Ch. 465, |
|
Secs. 5(a), (b).) |
|
Sec.6903.054.COMMISSIONERS COURT RESOLUTION; HEARING. |
|
The commissioners court shall: |
|
(1) adopt a resolution declaring its intention to call |
|
an election in the territory to submit the proposition of whether |
|
the territory is to be annexed to the district; and |
|
(2) set a time and place to hold a commissioners court |
|
hearing on the question of whether the territory to be annexed will |
|
benefit from the improvements, works, and facilities then owned or |
|
operated or contemplated to be owned or operated by the district. |
|
(Acts 51st Leg., R.S., Ch. 465, Sec. 5(c) (part).) |
|
Sec.6903.055.ANNEXATION HEARING. (a) At least 10 days |
|
before the date of the annexation hearing, notice of the adoption of |
|
the resolution stating the time and place of the hearing and |
|
addressed to the citizens and owners of property in the territory to |
|
be annexed shall be published one time in a newspaper designated by |
|
the commissioners court. The notice must describe the territory in |
|
the same manner in which Section 6903.053(a) requires the petition |
|
to describe the territory. |
|
(b) If a newspaper is not published in the territory to be |
|
annexed, the notice shall be posted in three public places in the |
|
territory. |
|
(c) Any interested person may appear at the hearing and |
|
offer evidence for or against the annexation. |
|
(d) The hearing may proceed in the order and under the rules |
|
prescribed by the commissioners court and may be recessed from time |
|
to time. (Acts 51st Leg., R.S., Ch. 465, Secs. 5(d), (e) (part), |
|
(k).) |
|
Sec. 6903.056. COMMISSIONERS COURT FINDINGS AND |
|
RESOLUTION; ELECTION. If, at the conclusion of the annexation |
|
hearing, the commissioners court finds that all land in the |
|
territory to be annexed will benefit from the present or |
|
contemplated improvements, works, or facilities of the district, |
|
the court shall adopt a resolution that: |
|
(1) calls an election in the territory to be annexed; |
|
and |
|
(2) states the date of the election and the place or |
|
places of holding the election. (Acts 51st Leg., R.S., Ch. 465, |
|
Sec. 5(e) (part).) |
|
Sec.6903.057.NOTICE OF ANNEXATION ELECTION. In addition |
|
to complying with Section 4.004, Election Code, notice of the |
|
annexation election must: |
|
(1) state the conditions under which the territory may |
|
be annexed; or |
|
(2) refer to the resolution of the board for that |
|
purpose. (Acts 51st Leg., R.S., Ch. 465, Sec. 5(f) (part).) |
|
Sec.6903.058.ELECTION RESULTS. (a) The commissioners |
|
court shall issue an order declaring the results of the annexation |
|
election. |
|
(b) If the order shows that a majority of the votes cast are |
|
in favor of annexation, the commissioners court shall annex the |
|
proposed territory to the district. The annexation is |
|
incontestable except within the time for contesting elections under |
|
the general election law. |
|
(c) A certified copy of the order shall be recorded in the |
|
deed records of the county in which the territory is located. (Acts |
|
51st Leg., R.S., Ch. 465, Sec. 5(h) (part).) |
|
Sec.6903.059.ASSUMPTION OF DEBT; TAXES. (a) In calling |
|
the election on the proposition for annexation of territory, the |
|
commissioners court may include, as a part of the same proposition, |
|
a proposition for: |
|
(1) the territory to assume its part of the |
|
tax-supported bonds of the district then outstanding and those |
|
bonds previously voted but not yet sold; and |
|
(2) an ad valorem tax to be imposed on taxable property |
|
in the territory along with the tax in the rest of the district for |
|
the payment of the bonds. |
|
(b) After territory is annexed to the district, the board |
|
may hold an election in the district as enlarged to determine |
|
whether the district as enlarged shall assume any tax-supported |
|
bonds then outstanding and those previously voted but not yet sold |
|
and impose an ad valorem tax on all taxable property in the district |
|
as enlarged to pay the bonds, unless the proposition is submitted as |
|
provided by Subsection (a) and becomes binding on the territory |
|
annexed. |
|
(c) An election held under Subsection (b) shall be held in |
|
the same manner as an election under this chapter for the issuance |
|
of bonds. (Acts 51st Leg., R.S., Ch. 465, Secs. 5(i), (j).) |
|
Sec. 6903.060. RESTRICTION ON ANNEXATION OF RAILROAD |
|
RIGHT-OF-WAY. (a) A railroad right-of-way may not be annexed to |
|
the district unless the right-of-way is contained in the limits of a |
|
municipality annexed at the same time or previously annexed to the |
|
district. |
|
(b) A railroad right-of-way that is not in the defined |
|
limits of a municipality will not benefit from improvements, works, |
|
and facilities the district is authorized to construct. (Acts 51st |
|
Leg., R.S., Ch. 465, Sec. 5(c) (part).) |
|
[Sections 6903.061-6903.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec.6903.101.COMPOSITION OF BOARD; TERMS. (a) The board |
|
consists of eight directors. |
|
(b) Voters of the city of Ranger who reside in the district |
|
elect four directors. Voters of the city of Eastland who reside in |
|
the district elect four directors. |
|
(c) Directors serve staggered terms, with the terms of two |
|
directors elected from each city expiring at the same time. (Acts |
|
51st Leg., R.S., Ch. 465, Secs. 3(a) (part), (c) (part), (d) |
|
(part).) |
|
Sec.6903.102.QUALIFICATIONS FOR OFFICE. (a) A director |
|
must reside in the municipality from which elected and own taxable |
|
property in the district. |
|
(b) A member of a municipality's governing body or an |
|
employee of a municipality may not be a director. (Acts 51st Leg., |
|
R.S., Ch. 465, Secs. 3(a) (part), (c) (part).) |
|
Sec. 6903.103. LOCATION AND NOTICE FOR DIRECTORS ELECTION; |
|
RESULTS. (a) For a regular directors election, there shall be at |
|
least one voting place in each municipality in the district. |
|
(b) Notice of a directors election shall be published in a |
|
newspaper published in each municipality in the district one time |
|
not later than the 10th day before the date of the election. |
|
(c) The board shall adopt a resolution declaring the |
|
election results. (Acts 51st Leg., R.S., Ch. 465, Sec. 3(d) |
|
(part).) |
|
Sec.6903.104.BALLOT PROCEDURE FOR CANDIDATES. (a) A |
|
person who wants to have the person's name printed on the ballot as |
|
a candidate for director must present a petition requesting that |
|
action. |
|
(b) The petition must be: |
|
(1) signed by at least 50 residents of the district who |
|
are registered to vote at the election; and |
|
(2) presented to the board's secretary not later than |
|
the 16th day before the date of the election. (Acts 51st Leg., |
|
R.S., Ch. 465, Sec. 3(e).) |
|
Sec.6903.105.APPOINTMENT OF SECRETARY AND TREASURER. The |
|
board shall appoint a secretary and a treasurer, who are not |
|
required to be directors. The board may combine the offices of |
|
secretary and treasurer. (Acts 51st Leg., R.S., Ch. 465, Sec. 4 |
|
(part).) |
|
Sec.6903.106.VOTE BY BOARD PRESIDENT. The president has |
|
the same right to vote as any other director. (Acts 51st Leg., |
|
R.S., Ch. 465, Sec. 4 (part).) |
|
Sec.6903.107.DIRECTOR'S AND TREASURER'S BOND. (a) Each |
|
director shall give bond in the amount of $5,000 conditioned on the |
|
faithful performance of the director's duties. |
|
(b) The treasurer shall give bond in the amount required by |
|
the board. The treasurer's bond shall be conditioned on the |
|
treasurer's faithful accounting for all money that comes into the |
|
treasurer's custody as treasurer of the district. (Acts 51st Leg., |
|
R.S., Ch. 465, Secs. 3(a) (part), 4 (part).) |
|
Sec.6903.108.COMPENSATION. Unless the board by |
|
resolution increases the fee to an amount authorized by Section |
|
49.060, Water Code, each director: |
|
(1) shall receive a fee of $5 for attending each board |
|
meeting; and |
|
(2) is also entitled to receive $5 for each day devoted |
|
to the business of the district if the service is expressly approved |
|
by the board. (Acts 51st Leg., R.S., Ch. 465, Sec. 3(g) (part); |
|
New.) |
|
[Sections 6903.109-6903.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL POWERS AND DUTIES |
|
Sec.6903.151.CONSTRUCTION OF DAM. (a) The district may |
|
impound storm and flood waters and the unappropriated flow waters |
|
at one or more places and in an amount approved by the Texas |
|
Commission on Environmental Quality by constructing one or more |
|
dams inside or outside the district. In exercising its powers under |
|
this subsection, the district shall comply with Subchapters A-D, |
|
Chapter 11, and Subchapter B, Chapter 12, Water Code. |
|
(b) A dam or other works for the impounding of water from a |
|
river under this section may not be constructed until the plans for |
|
the dam or other works are approved by the Texas Commission on |
|
Environmental Quality. (Acts 51st Leg., R.S., Ch. 465, Sec. 6 |
|
(part).) |
|
Sec.6903.152.UNDERGROUND SOURCES OF WATER. The district |
|
may develop or otherwise acquire underground sources of water. |
|
(Acts 51st Leg., R.S., Ch. 465, Sec. 6 (part).) |
|
Sec.6903.153.CONSTRUCTION OR ACQUISITION OF PROPERTY. |
|
The district may construct or otherwise acquire all works, plants, |
|
and other facilities necessary or useful for the purpose of |
|
processing water impounded, developed, or otherwise acquired and |
|
transporting it to municipalities and others for municipal, |
|
domestic, and industrial purposes. (Acts 51st Leg., R.S., Ch. 465, |
|
Sec. 6 (part).) |
|
Sec.6903.154.WATER APPROPRIATION PERMITS. The district |
|
may acquire water appropriation permits directly from the Texas |
|
Commission on Environmental Quality or from owners of permits. |
|
(Acts 51st Leg., R.S., Ch. 465, Sec. 16 (part).) |
|
Sec.6903.155.PURCHASE OF WATER. The district may |
|
purchase water or a water supply from any person, including a public |
|
agency. (Acts 51st Leg., R.S., Ch. 465, Sec. 16 (part).) |
|
Sec.6903.156.SURPLUS PROPERTY. The district may sell any |
|
property that, in the opinion of the board, will not be needed for |
|
the conduct of the affairs or business of the district. (Acts 51st |
|
Leg., R.S., Ch. 465, Sec. 6 (part).) |
|
Sec.6903.157.EMINENT DOMAIN. (a) To carry out a power |
|
provided by this chapter, the district may exercise the power of |
|
eminent domain to acquire land and easements inside or outside the |
|
district, including land above the probable high water line around |
|
the reservoirs. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code. |
|
(c) The board shall determine the amount and the type of |
|
interest in land and easements to be acquired under this section. |
|
(Acts 51st Leg., R.S., Ch. 465, Sec. 7.) |
|
Sec.6903.158.PARKS AND RECREATION FACILITIES. (a) The |
|
district may establish or otherwise provide for public parks and |
|
recreation facilities and may acquire land adjacent to any of its |
|
reservoirs for those purposes. |
|
(b) The district may not use money received from taxation or |
|
from bonds payable wholly or partly from taxation for a purpose |
|
described by Subsection (a). (Acts 51st Leg., R.S., Ch. 465, Sec. |
|
22.) |
|
Sec.6903.159.CONSTRUCTION CONTRACTS. (a) This section |
|
applies only to a construction contract or a contract for the |
|
purchase of material, equipment, or supplies requiring an |
|
expenditure of more than $25,000. |
|
(b) The district shall award a contract to the lowest and |
|
best bidder after publishing notice to bidders once a week for two |
|
weeks in a newspaper published in the district that is designated by |
|
the board. |
|
(c) The notice is sufficient if it states: |
|
(1) the time and place for opening the bids; |
|
(2) the general nature of the work to be done or the |
|
material, equipment, or supplies to be purchased; and |
|
(3) the place where and the terms on which copies of |
|
the plans and specifications may be obtained. (Acts 51st Leg., |
|
R.S., Ch. 465, Sec. 8.) |
|
Sec.6903.160.CONTRACTS TO SUPPLY WATER. (a) The district |
|
may contract with municipalities and others to supply water to |
|
those entities. |
|
(b) The district may contract with a municipality for the |
|
rental or leasing of or for the operation of the water production, |
|
water supply, and water supply facilities of the municipality on |
|
the consideration agreed to by the district and the municipality. |
|
(c) The contract may be on terms and for the time agreed to |
|
by the parties. |
|
(d) The contract may provide that it will continue in effect |
|
until bonds specified in it and refunding bonds issued in lieu of |
|
the bonds are paid. (Acts 51st Leg., R.S., Ch. 465, Sec. 14.) |
|
Sec.6903.161.CONTRACTS FOR TOLL BRIDGES OR FERRY SERVICE. |
|
(a) The board may contract with a responsible person for: |
|
(1) the construction and operation of a toll bridge |
|
over the district's water; or |
|
(2) ferry service on or over the district's water. |
|
(b) The period of a contract under Subsection (a) may not |
|
exceed: |
|
(1) 20 years under Subsection (a)(1); or |
|
(2) 10 years under Subsection (a)(2). |
|
(c) The contract under Subsection (a) may: |
|
(1) set reasonable compensation to be charged for |
|
service by the facility; |
|
(2) require from the contracting person an adequate |
|
bond payable to the district in an amount and conditioned as the |
|
board considers to be required; and |
|
(3) provide for forfeiture of the particular franchise |
|
if the license holder fails to render adequate public service. |
|
(Acts 51st Leg., R.S., Ch. 465, Sec. 21(a) (part).) |
|
[Sections 6903.162-6903.200 reserved for expansion] |
|
SUBCHAPTER E. REGULATORY POWERS |
|
Sec.6903.201.ADOPTION OF RULES. The board may adopt |
|
reasonable rules to: |
|
(1) secure, maintain, and preserve the sanitary |
|
condition of water in and water that flows into any reservoir owned |
|
by the district; |
|
(2) prevent waste of or the unauthorized use of water; |
|
and |
|
(3) regulate residence, hunting, fishing, boating, |
|
camping, and any other recreational or business privilege along or |
|
around any district reservoir and the stream leading into the |
|
reservoir, and its tributaries, or any body of land, or easement |
|
owned or controlled by the district. (Acts 51st Leg., R.S., Ch. |
|
465, Sec. 21(a) (part).) |
|
Sec.6903.202.ENFORCEMENT OF RULES; PENALTY. (a) The |
|
district by rule may prescribe reasonable penalties for the |
|
violation of a district rule. |
|
(b) A penalty may consist of: |
|
(1) a fine not to exceed $200; |
|
(2) confinement in jail for a term not to exceed 30 |
|
days; or |
|
(3) both the fine and confinement. |
|
(c) A penalty adopted under this section is in addition to |
|
any other penalty provided by Texas law. (Acts 51st Leg., R.S., Ch. |
|
465, Sec. 21(b) (part).) |
|
Sec.6903.203.NOTICE OF RULE PROVIDING PENALTY. (a) If |
|
the district adopts a rule that provides a penalty, the district |
|
must publish a substantive statement of the rule and the penalty |
|
once a week for two consecutive weeks in Eastland County. |
|
(b) The statement must be as condensed as possible so that |
|
the act prohibited by the rule can be easily understood. |
|
(c) The statement may include notice of any number of rules. |
|
(d) The notice must state that: |
|
(1) a person who violates the rule is subject to a |
|
penalty; and |
|
(2) the rule is on file in the principal office of the |
|
district, where it may be read by any interested person. |
|
(e) A rule takes effect five days after the date of the |
|
second publication of the statement under this section. (Acts 51st |
|
Leg., R.S., Ch. 465, Sec. 21(b) (part).) |
|
Sec.6903.204.JUDICIAL NOTICE OF RULES. A court shall take |
|
judicial notice of a rule adopted under this subchapter and |
|
published as required by Section 6903.203, and the court shall |
|
consider the rule to be similar in nature to a penal ordinance of a |
|
municipality. (Acts 51st Leg., R.S., Ch. 465, Sec. 21(b) (part).) |
|
Sec.6903.205.ENFORCEMENT BY PEACE OFFICERS. (a) A peace |
|
officer employed by the district or a county peace officer may make |
|
an arrest when necessary to prevent or abate the commission of an |
|
offense: |
|
(1) in violation of a district rule or a law of this |
|
state that occurs or threatens to occur on any land, water, or |
|
easement owned or controlled by the district; or |
|
(2) involving damage to any property owned or |
|
controlled by the district. |
|
(b) A peace officer described by Subsection (a) may make an |
|
arrest under Subsection (a)(2) at any location. (Acts 51st Leg., |
|
R.S., Ch. 465, Sec. 21(c).) |
|
[Sections 6903.206-6903.250 reserved for expansion] |
|
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS |
|
Sec.6903.251.DEPOSITORY. (a) Except as provided by |
|
Subsection (i), the board shall designate one or more banks in the |
|
district to serve as depository for the district's money. |
|
(b) District money shall be deposited with a designated |
|
depository bank or banks, except that: |
|
(1) money pledged to pay bonds may be deposited with |
|
the trustee bank named in the trust agreement; and |
|
(2) money shall be remitted to the bank of payment for |
|
the payment of principal of and interest on bonds. |
|
(c) To the extent that money in a depository bank or a |
|
trustee bank is not insured by the Federal Deposit Insurance |
|
Corporation, the money must be secured in the manner provided by law |
|
for the security of county funds. |
|
(d) The board shall prescribe the terms of service for |
|
depositories. |
|
(e) Before designating a depository bank, the board shall |
|
issue a notice that: |
|
(1) states the time and place at which the board will |
|
meet to designate a depository bank or banks; and |
|
(2) invites the banks in the district to submit an |
|
application to be designated as a depository. |
|
(f) The notice must be published one time in a newspaper |
|
published in the district and specified by the board. |
|
(g) At the time stated in the notice, the board shall: |
|
(1) consider the application and the management and |
|
condition of each bank that applies; and |
|
(2) designate as a depository the bank or banks that: |
|
(A) offer the most favorable terms for handling |
|
the money; and |
|
(B) the board finds have proper management and |
|
are in condition to handle the money. |
|
(h) Membership on the board of an officer or director of a |
|
bank does not disqualify the bank from being designated as a |
|
depository. |
|
(i) If the board does not receive any applications before |
|
the time stated in the notice, or if the board rejects all |
|
applications, the board shall designate one or more banks located |
|
inside or outside the district on terms that the board finds |
|
advantageous to the district. (Acts 51st Leg., R.S., Ch. 465, Sec. |
|
15.) |
|
Sec.6903.252.TAX ASSESSOR AND COLLECTOR. The board shall |
|
appoint a tax assessor and collector. (Acts 51st Leg., R.S., Ch. |
|
465, Sec. 20(b) (part).) |
|
Sec.6903.253.PROJECTS EXEMPT FROM ASSESSMENT OR TAXATION. |
|
The district is not required to pay a tax or assessment on a project |
|
or any part of a project. (Acts 51st Leg., R.S., Ch. 465, Sec. 19 |
|
(part).) |
|
[Sections 6903.254-6903.300 reserved for expansion] |
|
SUBCHAPTER G. BONDS |
|
Sec.6903.301.AUTHORITY TO ISSUE BONDS. (a) The district |
|
may issue bonds to: |
|
(1) provide a source of water supply for |
|
municipalities and other users for municipal, domestic, and |
|
industrial purposes; or |
|
(2) carry out any other power conferred by this |
|
chapter. |
|
(b) The bonds must be authorized by a board resolution. |
|
(Acts 51st Leg., R.S., Ch. 465, Secs. 9(a) (part), (b) (part), (c), |
|
(e) (part).) |
|
Sec.6903.302.FORM OF BONDS. District bonds must be: |
|
(1) issued in the district's name; |
|
(2) signed by the president or vice president; and |
|
(3) attested by the secretary. (Acts 51st Leg., R.S., |
|
Ch. 465, Sec. 9(b) (part).) |
|
Sec.6903.303.MATURITY. District bonds must mature not |
|
later than 40 years after the date of their issuance. (Acts 51st |
|
Leg., R.S., Ch. 465, Sec. 9(b) (part).) |
|
Sec. 6903.304. ELECTION FOR BONDS PAYABLE FROM AD VALOREM |
|
TAXES. (a) Bonds, other than refunding bonds, payable wholly or |
|
partly from ad valorem taxes may not be issued unless authorized by |
|
a district election at which a majority of the votes cast in each |
|
municipality in the district favor the bond issuance. |
|
(b) The board may order an election under this section |
|
without a petition. The order must specify: |
|
(1) the time and places at which the election will be |
|
held; |
|
(2) the purpose for which the bonds will be issued; |
|
(3) the maximum amount of the bonds; |
|
(4) the maximum maturity of the bonds; |
|
(5) the form of the ballot; and |
|
(6) the presiding judge for each voting place. |
|
(c) Notice of the election must be given by publishing a |
|
substantial copy of the order calling the election in a newspaper |
|
published in the district for two consecutive weeks. The first |
|
publication must be not later than the 21st day before the date of |
|
the election. (Acts 51st Leg., R.S., Ch. 465, Secs. 12(a) (part), |
|
(b).) |
|
Sec.6903.305.BONDS PAYABLE FROM REVENUE. (a) In this |
|
section, "net revenue" means the gross revenue of the district less |
|
the amount necessary to pay the cost of maintaining and operating |
|
the district and its property. |
|
(b) Bonds issued under this subchapter may be secured under |
|
board resolution by a pledge of: |
|
(1) all or part of the district's net revenue; |
|
(2) the net revenue of one or more contracts made |
|
before or after the issuance of the bonds; or |
|
(3) other revenue specified by board resolution. |
|
(c) The pledge may reserve the right to issue additional |
|
bonds on a parity with or subordinate to the bonds being issued, |
|
subject to conditions specified by the pledge. |
|
(d) Bonds not payable wholly or partly from ad valorem taxes |
|
may be issued without an election. (Acts 51st Leg., R.S., Ch. 465, |
|
Secs. 9(a) (part), (d), 12(a) (part).) |
|
Sec.6903.306.BONDS PAYABLE FROM AD VALOREM TAXES. The |
|
district may issue bonds payable from: |
|
(1) ad valorem taxes imposed on taxable property in |
|
the district; or |
|
(2) ad valorem taxes and revenue of the district. |
|
(Acts 51st Leg., R.S., Ch. 465, Sec. 9(e) (part).) |
|
Sec.6903.307.TAX AND RATE REQUIREMENTS. (a) If the |
|
district issues bonds payable wholly or partly from ad valorem |
|
taxes, the board shall impose a tax sufficient to pay the bonds and |
|
the interest on the bonds as the bonds and interest become due. The |
|
board may adopt the rate of the tax after considering the money |
|
received from the pledged revenue available for payment of |
|
principal and interest to the extent and in the manner permitted by |
|
the resolution authorizing the issuance of the bonds. |
|
(b) If the district issues bonds payable wholly or partly |
|
from revenue, the board shall set and revise the rates of |
|
compensation for water sold and services rendered by the district. |
|
(c) For bonds payable wholly from revenue, the rates of |
|
compensation must be sufficient to: |
|
(1) pay the expense of operating and maintaining the |
|
facilities of the district; |
|
(2) pay the bonds as they mature and the interest as it |
|
accrues; and |
|
(3) maintain the reserve and other funds as provided |
|
by the resolution authorizing the issuance of the bonds. |
|
(d) For bonds payable partly from revenue, the rates of |
|
compensation must be sufficient to assure compliance with the |
|
resolution authorizing the issuance of the bonds. (Acts 51st Leg., |
|
R.S., Ch. 465, Secs. 9(e) (part), (f).) |
|
Sec.6903.308.ADDITIONAL SECURITY. (a) Bonds, including |
|
refunding bonds, authorized by this subchapter that are not payable |
|
wholly from ad valorem taxes may be additionally secured by a deed |
|
of trust lien on physical property of the district and all |
|
franchises, easements, water rights and appropriation permits, |
|
leases, contracts, and all rights appurtenant to the property, |
|
vesting in the trustee power to: |
|
(1) sell the property for payment of the debt; |
|
(2) operate the property; and |
|
(3) take other action to further secure the bonds. |
|
(b) The deed of trust may: |
|
(1) contain any provision the board prescribes to |
|
secure the bonds and preserve the trust estate; |
|
(2) provide for amendment or modification of the deed |
|
of trust; and |
|
(3) provide for the issuance of bonds to replace lost |
|
or mutilated bonds. |
|
(c) A purchaser under a sale under the deed of trust: |
|
(1) is the owner of the dam or dams and the other |
|
property, including facilities, purchased; and |
|
(2) is entitled to maintain and operate the property, |
|
including facilities. (Acts 51st Leg., R.S., Ch. 465, Sec. 11.) |
|
Sec.6903.309.USE OF BOND PROCEEDS. (a) The district may |
|
set aside an amount of proceeds from the sale of bonds issued under |
|
this subchapter for the payment of interest expected to accrue |
|
during construction and a reserve interest and sinking fund. The |
|
resolution authorizing the bonds may provide for setting aside and |
|
using the proceeds. |
|
(b) The district may use proceeds from the sale of the bonds |
|
to pay any expense necessarily incurred in accomplishing the |
|
purposes of the district. (Acts 51st Leg., R.S., Ch. 465, Sec. |
|
9(g).) |
|
Sec.6903.310.APPOINTMENT OF RECEIVER. (a) On default or |
|
threatened default in the payment of principal of or interest on |
|
bonds issued under this subchapter that are payable wholly or |
|
partly from revenue, a court may, on petition of the holders of 25 |
|
percent of the outstanding bonds of the issue in default or |
|
threatened with default, appoint a receiver for the district. |
|
(b) The receiver may collect and receive all district income |
|
except taxes, employ and discharge district agents and employees, |
|
take charge of money on hand, except money received from taxes, |
|
unless commingled, and manage the district's proprietary affairs |
|
without consent or hindrance by the board. |
|
(c) The receiver may be authorized to sell or contract for |
|
the sale of water or to renew those contracts with the approval of |
|
the court that appointed the receiver. |
|
(d) The court may vest the receiver with any other power or |
|
duty the court finds necessary to protect the bondholders. (Acts |
|
51st Leg., R.S., Ch. 465, Sec. 9(h).) |
|
Sec.6903.311.REFUNDING BONDS. (a) The district may issue |
|
refunding bonds to refund outstanding bonds issued under this |
|
subchapter and interest on those bonds. |
|
(b) Refunding bonds may: |
|
(1) be issued to refund bonds of more than one series; |
|
(2) combine the pledges for the outstanding bonds for |
|
the security of the refunding bonds; or |
|
(3) be secured by a pledge of other or additional |
|
revenue. |
|
(c) The provisions of this subchapter regarding the |
|
issuance of other bonds and the remedies of the holders apply to |
|
refunding bonds. |
|
(d) The comptroller shall register the refunding bonds on |
|
surrender and cancellation of the bonds to be refunded. |
|
(e) Instead of issuing bonds to be registered on the |
|
surrender and cancellation of the bonds to be refunded, the |
|
district, in the resolution authorizing the issuance of the |
|
refunding bonds, may provide for the sale of the refunding bonds and |
|
the deposit of the proceeds in a bank at which the bonds to be |
|
refunded are payable. In that case, the refunding bonds may be |
|
issued in an amount sufficient to pay the interest on the bonds to |
|
be refunded to their option date or maturity date, and the |
|
comptroller shall register the refunding bonds without the |
|
surrender and cancellation of the bonds to be refunded. (Acts 51st |
|
Leg., R.S., Ch. 465, Sec. 10.) |
|
Sec.6903.312.BONDS EXEMPT FROM TAXATION. A bond issued |
|
under this subchapter, the transfer of the bond, and income from the |
|
bond, including profits made on the sale of the bond, are exempt |
|
from taxation in this state. (Acts 51st Leg., R.S., Ch. 465, Sec. |
|
19 (part).) |
|
CHAPTER 6904. AQUILLA WATER SUPPLY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 6904.001. DEFINITIONS |
|
Sec. 6904.002. NATURE OF DISTRICT |
|
Sec. 6904.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
[Sections 6904.004-6904.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT |
|
TERRITORY |
|
Sec. 6904.051. DISTRICT TERRITORY |
|
Sec. 6904.052. ANNEXATION OF TERRITORY |
|
Sec. 6904.053. ANNEXATION OF TERRITORY ANNEXED TO |
|
MUNICIPALITY IN DISTRICT |
|
[Sections 6904.054-6904.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec. 6904.101. COMPOSITION OF BOARD |
|
Sec. 6904.102. QUALIFICATIONS FOR OFFICE |
|
Sec. 6904.103. DIRECTORS' ELECTION |
|
Sec. 6904.104. REMOVAL FROM OFFICE |
|
Sec. 6904.105. BOARD RESOLUTIONS; VOTING REQUIREMENTS |
|
Sec. 6904.106. OFFICERS AND ASSISTANTS |
|
Sec. 6904.107. OFFICER DUTIES |
|
Sec. 6904.108. MEETINGS |
|
Sec. 6904.109. PERSONAL LIABILITY OF DIRECTORS |
|
[Sections 6904.110-6904.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec. 6904.151. DISTRICT POWERS |
|
Sec. 6904.152. PERMITS |
|
Sec. 6904.153. GENERAL AUTHORITY OF PUBLIC AGENCIES |
|
AND POLITICAL SUBDIVISIONS TO |
|
CONTRACT WITH DISTRICT |
|
Sec. 6904.154. CONTRACTS TO SUPPLY WATER |
|
Sec. 6904.155. SOURCES FOR WATER; ACQUISITION OF LAND; |
|
STORAGE CAPACITY |
|
Sec. 6904.156. CONSTRUCTION CONTRACTS |
|
Sec. 6904.157. CONVEYANCE OF LAND TO DISTRICT |
|
Sec. 6904.158. DISPOSAL OF PROPERTY |
|
Sec. 6904.159. EMINENT DOMAIN |
|
Sec. 6904.160. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 6904.161. RIGHTS-OF-WAY; EASEMENTS |
|
Sec. 6904.162. ELECTIONS |
|
[Sections 6904.163-6904.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 6904.201. IMPOSITION OF TAX |
|
Sec. 6904.202. DEPOSITORY |
|
Sec. 6904.203. INVESTMENT OF DISTRICT MONEY |
|
Sec. 6904.204. DISTRICT FACILITIES EXEMPT FROM |
|
TAXATION AND ASSESSMENT |
|
[Sections 6904.205-6904.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 6904.251. AUTHORITY TO ISSUE BONDS |
|
Sec. 6904.252. FORM OF BONDS |
|
Sec. 6904.253. MATURITY |
|
Sec. 6904.254. ELECTION FOR BONDS PAYABLE FROM AD |
|
VALOREM TAXES |
|
Sec. 6904.255. BONDS SECURED BY REVENUE; ADDITIONAL |
|
BONDS |
|
Sec. 6904.256. BONDS PAYABLE FROM AD VALOREM TAXES |
|
Sec. 6904.257. ADDITIONAL SECURITY |
|
Sec. 6904.258. TRUST INDENTURE |
|
Sec. 6904.259. CHARGES FOR DISTRICT SERVICES |
|
Sec. 6904.260. USE OF BOND PROCEEDS |
|
Sec. 6904.261. APPOINTMENT OF RECEIVER |
|
Sec. 6904.262. REFUNDING BONDS |
|
Sec. 6904.263. LIMITATION ON RIGHTS OF HOLDERS |
|
Sec. 6904.264. BONDS EXEMPT FROM TAXATION |
|
Sec. 6904.265. DETACHMENT OF DISTRICT TERRITORY AFTER |
|
ISSUANCE OF BONDS |
|
CHAPTER 6904. AQUILLA WATER SUPPLY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.6904.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Aquilla Water Supply |
|
District. (Acts 65th Leg., R.S., Ch. 713, Secs. 1 (part), 3(a) |
|
(part); New.) |
|
Sec.6904.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district created under Section 59, |
|
Article XVI, Texas Constitution. (Acts 65th Leg., R.S., Ch. 713, |
|
Sec. 1 (part).) |
|
Sec.6904.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
All land and taxable property in the city of Hillsboro will benefit |
|
from the works and improvements of the district. |
|
(b) The accomplishment of the purposes stated in this |
|
chapter is for the benefit of the people of this state for the |
|
improvement of their property and industries. The district, in |
|
carrying out the purposes of this chapter, will be performing an |
|
essential public function under the constitution. (Acts 65th Leg., |
|
R.S., Ch. 713, Secs. 2 (part), 22 (part).) |
|
[Sections 6904.004-6904.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT |
|
TERRITORY |
|
Sec.6904.051.DISTRICT TERRITORY. (a) The boundaries of |
|
the district are coextensive with the boundaries of the city of |
|
Hillsboro as those boundaries existed on January 1, 1977, and as the |
|
district territory may have been modified under: |
|
(1) Sections 6904.052 and 6904.053 or their |
|
predecessor statute, Section 6, Chapter 713, Acts of the 65th |
|
Legislature, Regular Session, 1977; |
|
(2) Subchapter J, Chapter 49, Water Code; |
|
(3) Subchapter O, Chapter 51, Water Code, before |
|
September 1, 1995; or |
|
(4) other law. |
|
(b) An invalidity in the fixing of the boundaries of the |
|
city of Hillsboro as they existed on January 1, 1977, does not |
|
affect the boundaries of the district. (Acts 65th Leg., R.S., Ch. |
|
713, Sec. 2 (part); New.) |
|
Sec.6904.052.ANNEXATION OF TERRITORY. (a) Territory may |
|
be annexed to the district as provided by this section or by Section |
|
6904.053. |
|
(b) The board may annex territory or a municipality under |
|
this section only if a petition requesting annexation is signed by |
|
50 voters of the territory or municipality to be annexed, or a |
|
majority of the registered voters of that territory or |
|
municipality, whichever is fewer, and is filed with the board. The |
|
petition must describe the territory to be annexed by metes and |
|
bounds, or otherwise, except that if the territory is the same as |
|
that contained in the boundaries of a municipality, the petition is |
|
sufficient if it states that the territory to be annexed is the |
|
territory contained in the municipal boundaries. |
|
(c) If the board determines that the petition complies with |
|
Subsection (b), that the annexation would be in the best interest of |
|
the territory or municipality and the district, and that the |
|
district will be able to supply water or other services to the |
|
territory or municipality, the board shall: |
|
(1) adopt a resolution stating the conditions, if any, |
|
under which the territory or municipality may be annexed to the |
|
district; and |
|
(2) set a time and place to hold a hearing on the |
|
question of whether the territory or municipality to be annexed |
|
will benefit from: |
|
(A) the improvements, works, or facilities owned |
|
or operated or contemplated to be owned or operated by the district; |
|
or |
|
(B) the other functions of the district. |
|
(d) At least 10 days before the date of the hearing, notice |
|
of the adoption of the resolution stating the time and place of the |
|
hearing shall be published one time in a newspaper of general |
|
circulation in the territory or municipality to be annexed. The |
|
notice must describe the territory in the same manner in which |
|
Subsection (b) requires the petition to describe the territory. |
|
(e) Any interested person may appear at the hearing and |
|
offer evidence for or against the annexation. |
|
(f) The hearing may proceed in the order and under the rules |
|
prescribed by the board and may be recessed from time to time. |
|
(g) If, at the conclusion of the hearing, the board finds |
|
that the property in the territory or municipality will benefit |
|
from the present or contemplated improvements, works, or facilities |
|
of the district, the board shall adopt a resolution making a finding |
|
of the benefit and calling an election in the territory or |
|
municipality to be annexed. |
|
(h) In calling an election on the proposition for annexation |
|
of the territory or municipality, the board may include, as part of |
|
the same proposition or as a separate proposition, a proposition |
|
for: |
|
(1) the territory to assume its part of the |
|
tax-supported bonds of the district then outstanding and those |
|
bonds previously voted but not yet sold; and |
|
(2) an ad valorem tax to be imposed on taxable property |
|
on the territory along with the tax in the rest of the district for |
|
the payment of the bonds. |
|
(i) If a majority of the votes cast at the election are in |
|
favor of annexation, the board by resolution shall annex the |
|
territory to the district. |
|
(j) An annexation under this section is incontestable |
|
except in the manner and within the time for contesting elections |
|
under the Election Code. (Acts 65th Leg., R.S., Ch. 713, Secs. 6(f), |
|
(g), (h), (i).) |
|
Sec. 6904.053. ANNEXATION OF TERRITORY ANNEXED TO |
|
MUNICIPALITY IN DISTRICT. (a) At any time after final passage of |
|
an ordinance or resolution annexing territory to a municipality in |
|
the district, the board may give notice of a hearing on the question |
|
of annexing that territory to the district. The notice is |
|
sufficient if it: |
|
(1) states the date and place of the hearing; and |
|
(2) describes the area proposed to be annexed or |
|
refers to the annexation ordinance or resolution of the |
|
municipality. |
|
(b) The notice must be published one time in a newspaper of |
|
general circulation in the municipality not later than the 10th day |
|
before the date set for the hearing. |
|
(c) If, as a result of the hearing, the board finds that the |
|
territory will benefit from the present or contemplated |
|
improvements, works, or facilities of the district, the board shall |
|
adopt a resolution annexing the territory to the district. |
|
(d) After the territory is annexed to the district, the |
|
board may call an election in the entire district to determine |
|
whether: |
|
(1) the entire district will assume any tax-supported |
|
bonds then outstanding and those bonds previously voted but not yet |
|
sold; and |
|
(2) an ad valorem tax for the payment of the bonds will |
|
be imposed on all taxable property in the district. (Acts 65th Leg., |
|
R.S., Ch. 713, Secs. 6(a), (b), (c), (d), (e).) |
|
[Sections 6904.054-6904.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec.6904.101.COMPOSITION OF BOARD. (a) The district is |
|
governed by a board of at least five directors. The directors |
|
occupy numbered places on the board. |
|
(b) For each municipality annexed to the district under |
|
Section 6904.052, two places are added to the board, except that the |
|
number of directors may not exceed 11. |
|
(c) Not more than five directors may reside in the corporate |
|
limits of the city of Hillsboro. (Acts 65th Leg., R.S., Ch. 713, |
|
Sec. 3(a) (part).) |
|
Sec.6904.102.QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to serve as a director, a person must be: |
|
(1) a qualified district voter; and |
|
(2) a district resident. |
|
(b) A director is eligible for reelection. (Acts 65th Leg., |
|
R.S., Ch. 713, Secs. 3(a) (part), (b).) |
|
Sec.6904.103.DIRECTORS' ELECTION. Directors shall be |
|
elected at an election called for that purpose by the board. (Acts |
|
65th Leg., R.S., Ch. 713, Sec. 3(a) (part).) |
|
Sec.6904.104.REMOVAL FROM OFFICE. After reasonable |
|
notice and a public hearing, the board may remove a director from |
|
office for misfeasance, malfeasance, or wilful neglect of duty. |
|
Reasonable notice and a public hearing are not required if the |
|
director to be removed expressly waives the notice and hearing in |
|
writing. (Acts 65th Leg., R.S., Ch. 713, Sec. 3(c).) |
|
Sec.6904.105.BOARD RESOLUTIONS; VOTING REQUIREMENTS. (a) |
|
The district shall act through resolutions adopted by the board. |
|
(b) All directors are entitled to vote. |
|
(c) The affirmative vote of a majority of the quorum present |
|
is necessary to adopt a resolution. (Acts 65th Leg., R.S., Ch. 713, |
|
Sec. 4(c).) |
|
Sec.6904.106.OFFICERS AND ASSISTANTS. (a) The board |
|
shall elect a president, vice president, secretary, and treasurer |
|
at the first meeting of the newly constituted board after each |
|
directors' election or at any time necessary to fill a vacancy. |
|
(b) The board shall elect the president and vice president |
|
from among the directors. |
|
(c) The offices of secretary and treasurer: |
|
(1) may be held by one person; and |
|
(2) are not required to be held by a director. |
|
(d) The board may appoint as assistant board secretary one |
|
or more persons who are not directors. (Acts 65th Leg., R.S., Ch. |
|
713, Secs. 4(b) (part), (d) (part).) |
|
Sec.6904.107.OFFICER DUTIES. (a) The board president |
|
shall preside at board meetings and perform other duties prescribed |
|
by the board. |
|
(b) The board secretary is the official custodian of the |
|
minutes, books, records, and seal of the board and shall perform |
|
other duties and functions prescribed by the board. An assistant |
|
board secretary may perform any duty or function of the board |
|
secretary. |
|
(c) The board treasurer shall perform duties and functions |
|
prescribed by the board. (Acts 65th Leg., R.S., Ch. 713, Sec. 4(b) |
|
(part).) |
|
Sec.6904.108.MEETINGS. The board shall have regular |
|
meetings at times specified by board resolution and shall have |
|
special meetings when called by the board president or by any two |
|
directors. (Acts 65th Leg., R.S., Ch. 713, Sec. 4(e).) |
|
Sec.6904.109.PERSONAL LIABILITY OF DIRECTORS. A director |
|
is not personally liable for any bond issued or contract executed by |
|
the district. (Acts 65th Leg., R.S., Ch. 713, Sec. 4(f).) |
|
[Sections 6904.110-6904.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec.6904.151.DISTRICT POWERS. The district may exercise |
|
any power necessary or appropriate to achieve the purposes of this |
|
chapter, including the power to: |
|
(1) sue and be sued, and plead and be impleaded, in its |
|
own name; |
|
(2) adopt an official seal; |
|
(3) adopt and enforce bylaws and rules for the conduct |
|
of its affairs; |
|
(4) acquire, hold, use, and dispose of its receipts |
|
and money from any source; |
|
(5) acquire, own, rent, lease, accept, hold, or |
|
dispose of property, or an interest in property, including a right |
|
or easement, by purchase, exchange, gift, assignment, |
|
condemnation, sale, lease, or otherwise, in performing district |
|
duties or exercising district powers under this chapter; |
|
(6) hold, manage, operate, or improve property; |
|
(7) lease or rent any land, building, structure, or |
|
facility from or to any person; |
|
(8) sell, assign, lease, encumber, mortgage, or |
|
otherwise dispose of property, or an interest in property, and |
|
release or relinquish a right, title, claim, lien, interest, |
|
easement, or demand, regardless of the manner in which acquired, |
|
and conduct a transaction authorized by this subdivision by public |
|
or private sale, with or without public bidding, notwithstanding |
|
any other law; |
|
(9) issue bonds, provide for and secure the payment of |
|
the bonds, and provide for the rights of the holders of the bonds in |
|
the manner and to the extent authorized by this chapter; |
|
(10) request and accept an appropriation, grant, |
|
allocation, subsidy, guarantee, aid, service, material, or gift |
|
from any source, including the federal government, the state, a |
|
public agency, or a political subdivision; |
|
(11) operate and maintain an office; |
|
(12) appoint and determine the duties, tenure, |
|
qualifications, and compensation of district officers and |
|
employees, as well as any agent, professional advisor, or |
|
counselor, including any financial consultant, accountant, |
|
attorney, architect, engineer, appraiser, or financing expert, |
|
considered necessary or advisable by the board; and |
|
(13) exercise any power granted by Chapter 30, Water |
|
Code, to water districts created under Section 59, Article XVI, |
|
Texas Constitution. (Acts 65th Leg., R.S., Ch. 713, Sec. 5 (part).) |
|
Sec.6904.152.PERMITS. (a) The district may obtain |
|
through appropriate proceedings permits from the Texas Commission |
|
on Environmental Quality. |
|
(b) The district may acquire water appropriation permits |
|
from owners of permits by contract or otherwise. (Acts 65th Leg., |
|
R.S., Ch. 713, Sec. 7 (part).) |
|
Sec. 6904.153. GENERAL AUTHORITY OF PUBLIC AGENCIES AND |
|
POLITICAL SUBDIVISIONS TO CONTRACT WITH DISTRICT. A public agency |
|
or political subdivision of this state may enter into a contract or |
|
agreement with the district, on terms agreed to by the parties, for |
|
any purpose relating to the district's powers or functions. |
|
Approval, notice, consent, or an election is not required in |
|
connection with a contract or agreement. (Acts 65th Leg., R.S., Ch. |
|
713, Sec. 8(b) (part).) |
|
Sec.6904.154.CONTRACTS TO SUPPLY WATER. (a) The district |
|
may contract with public agencies, political subdivisions, and |
|
others to supply water. The district may sell water inside and |
|
outside the boundaries of the district. |
|
(b) The district may contract with a public agency or |
|
political subdivision for the rental or leasing of or for the |
|
operation of the water production, water supply, water filtration |
|
or purification, and water supply facilities of the entity on the |
|
consideration agreed to by the district and the entity. |
|
(c) A contract may be on terms and for the time agreed to by |
|
the parties. |
|
(d) A contract may provide that it will continue in effect |
|
until bonds specified in it and refunding bonds issued in lieu of |
|
the bonds are paid. |
|
(e) The district may contract with the City of Hillsboro for |
|
the operation of the district's water facilities by the city. An |
|
election is not required in connection with this contract. (Acts |
|
65th Leg., R.S., Ch. 713, Secs. 8(a) (part), (b) (part), 18 (part).) |
|
Sec. 6904.155. SOURCES FOR WATER; ACQUISITION OF LAND; |
|
STORAGE CAPACITY. (a) The district may acquire, construct, or |
|
develop inside or outside the district sources for water, including |
|
reservoirs or wells, and any work, plant, transmission line, or |
|
other facility necessary or useful to develop, divert, impound, |
|
store, drill for, pump, treat, or transport water, including |
|
underground water, to the City of Hillsboro and others for |
|
municipal, domestic, industrial, mining, oil flooding, or any other |
|
useful purpose. |
|
(b) The district may acquire land, or an interest in land, |
|
inside or outside the district for any work, plant, or other |
|
facility necessary or useful to divert, impound, store, drill for, |
|
pump, treat, or transport water for municipal, domestic, |
|
industrial, mining, oil flooding, or any other useful purpose. |
|
(c) The district may lease, purchase, or otherwise acquire |
|
rights in and to storage and storage capacity in any reservoir |
|
constructed or to be constructed by any person or from the United |
|
States. (Acts 65th Leg., R.S., Ch. 713, Secs. 7 (part), 8(a) |
|
(part), 9 (part).) |
|
Sec.6904.156.CONSTRUCTION CONTRACTS. (a) The district |
|
may award a construction contract that requires an expenditure of |
|
more than $5,000 only after publication of notice to bidders once |
|
each week for two weeks in a newspaper of general circulation in the |
|
district. |
|
(b) The notice is sufficient if it states: |
|
(1) the time and place for opening the bids; |
|
(2) the general nature of the work to be done; |
|
(3) the material, equipment, or supplies to be |
|
purchased; and |
|
(4) where the terms of bidding and copies of the plans |
|
and specifications may be obtained. (Acts 65th Leg., R.S., Ch. 713, |
|
Sec. 11.) |
|
Sec.6904.157.CONVEYANCE OF LAND TO DISTRICT. A public |
|
agency or political subdivision of this state may lease, sell, or |
|
otherwise convey its land or an interest in its land to the district |
|
for any consideration that the parties agree is adequate. |
|
Approval, notice, consent, or an election is not required in |
|
connection with a conveyance, contract, or agreement. (Acts 65th |
|
Leg., R.S., Ch. 713, Sec. 8(b) (part).) |
|
Sec.6904.158.DISPOSAL OF PROPERTY. Subject to the terms |
|
of a resolution or deed of trust authorizing or securing bonds |
|
issued by the district, the district may sell, lease, rent, trade, |
|
or otherwise dispose of property under terms considered by the |
|
board to be consistent with district purposes. (Acts 65th Leg., |
|
R.S., Ch. 713, Sec. 9 (part).) |
|
Sec.6904.159.EMINENT DOMAIN. (a) To carry out a power |
|
provided by this chapter, the district may exercise the power of |
|
eminent domain to acquire the fee simple title to land, or any other |
|
interest in land, and other property and easements, inside or |
|
outside the district, including land or an interest in land needed |
|
for: |
|
(1) a well; or |
|
(2) a reservoir, dam, or flood easement above the |
|
probable high-water line around a reservoir. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code. |
|
(c) The district is a municipal corporation for the purposes |
|
of Chapter 21, Property Code. |
|
(d) The board shall determine the amount and the type of |
|
interest in land, other property, or easements to be acquired under |
|
this section. (Acts 65th Leg., R.S., Ch. 713, Sec. 10(a) (part).) |
|
Sec.6904.160.COST OF RELOCATING OR ALTERING PROPERTY. |
|
(a) In this section, "sole expense" means the actual cost of the |
|
lowering, rerouting, or change in grade or alteration of |
|
construction required under Subsection (b) to provide a comparable |
|
replacement without enhancing the facility, after deducting the net |
|
salvage value derived from the old facility. |
|
(b) If the district's exercise of its eminent domain, |
|
police, or other power requires relocating, raising, lowering, |
|
rerouting, changing the grade of, or altering the construction of |
|
any railroad, electric, transmission, telegraph, or telephone |
|
line, conduit, pole, property, facility, or pipeline, the action |
|
shall be accomplished at the sole expense of the district. (Acts |
|
65th Leg., R.S., Ch. 713, Sec. 10(c).) |
|
Sec.6904.161.RIGHTS-OF-WAY; EASEMENTS. The district has |
|
all necessary or useful rights-of-way and easements along, over, |
|
under, and across all public, state, municipal, and county roads, |
|
highways, and places for any of its purposes. The district shall |
|
restore a facility used to its previous condition as nearly as |
|
possible at the sole expense of the district. (Acts 65th Leg., R.S., |
|
Ch. 713, Sec. 10(b).) |
|
Sec.6904.162.ELECTIONS. (a) The board shall call an |
|
election required to be held under this chapter by adopting a |
|
resolution stating: |
|
(1) the date of the election; |
|
(2) each place where the election will be held; and |
|
(3) the proposition or propositions to be voted on. |
|
(b) The board shall give notice of an election by publishing |
|
a substantial copy of the resolution calling the election one time |
|
not less than 10 days before the date set for the election in: |
|
(1) a newspaper of general circulation in the |
|
district; and |
|
(2) a newspaper of general circulation in the |
|
territory, if the election is on the question of annexation of |
|
territory. |
|
(c) The board shall adopt a resolution declaring the results |
|
of the election. |
|
(d) The board may combine one or more elections required to |
|
be held by this chapter, including a maintenance tax and bond |
|
election. (Acts 65th Leg., R.S., Ch. 713, Secs. 12(c), 21 (part).) |
|
[Sections 6904.163-6904.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec.6904.201.IMPOSITION OF TAX. (a) The district may |
|
impose a tax, not to exceed 25 cents on each $100 valuation of |
|
taxable property in the district, for: |
|
(1) maintenance purposes, including money for |
|
planning, maintaining, repairing, and operating all necessary |
|
plants, works, facilities, improvements, appliances, and equipment |
|
of the district; |
|
(2) paying costs of proper services, engineering, and |
|
legal fees; and |
|
(3) organization and administrative expenses. |
|
(b) The district may not impose a maintenance tax unless the |
|
tax is approved by a majority of the voters voting at an election |
|
held for that purpose. (Acts 65th Leg., R.S., Ch. 713, Secs. 12(a), |
|
(b).) |
|
Sec.6904.202.DEPOSITORY. (a) The board shall designate |
|
one or more banks inside or outside the district to serve as the |
|
depository for the district's money. |
|
(b) District money shall be deposited in the depository |
|
designated by the board, except that: |
|
(1) bond proceeds and money pledged to pay bonds, to |
|
the extent provided in a resolution or trust indenture authorizing |
|
or securing district bonds, may be deposited with another bank or |
|
trustee named in the bond resolution or trust indenture; and |
|
(2) money shall be remitted to each paying agent for |
|
the payment of principal of and interest on the bonds. |
|
(c) To the extent that money in a depository bank or the |
|
trustee bank is not insured by the Federal Deposit Insurance |
|
Corporation, the money must be secured in the manner provided by law |
|
for the security of municipal money. (Acts 65th Leg., R.S., Ch. |
|
713, Sec. 19 (part).) |
|
Sec.6904.203.INVESTMENT OF DISTRICT MONEY. The board may |
|
invest district money in obligations and make time deposits of |
|
district money in a manner determined by the board or in the manner |
|
permitted or required in a resolution or trust indenture |
|
authorizing or securing district bonds. (Acts 65th Leg., R.S., Ch. |
|
713, Sec. 19 (part).) |
|
Sec. 6904.204. DISTRICT FACILITIES EXEMPT FROM TAXATION AND |
|
ASSESSMENT. The district is not required to pay a tax or assessment |
|
on its facilities or any part of its facilities. (Acts 65th Leg., |
|
R.S., Ch. 713, Sec. 22 (part).) |
|
[Sections 6904.205-6904.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec.6904.251.AUTHORITY TO ISSUE BONDS. (a) The district |
|
may issue bonds to carry out any power conferred by this chapter. |
|
The bonds must be authorized by a board resolution. |
|
(b) The bonds may be payable from and secured by revenue or |
|
ad valorem taxes, or both revenue and ad valorem taxes, of the |
|
district, in the manner and under the terms of the resolution |
|
authorizing the issuance of the bonds. (Acts 65th Leg., R.S., Ch. |
|
713, Secs. 13(a), (b) (part), (c), (e) (part).) |
|
Sec.6904.252.FORM OF BONDS. District bonds must be: |
|
(1) issued in the district's name; |
|
(2) signed by the president or vice president; and |
|
(3) attested by the secretary. (Acts 65th Leg., R.S., |
|
Ch. 713, Sec. 13(b) (part).) |
|
Sec.6904.253.MATURITY. District bonds must mature not |
|
later than 40 years after the date of their issuance. (Acts 65th |
|
Leg., R.S., Ch. 713, Sec. 13(b) (part).) |
|
Sec. 6904.254. ELECTION FOR BONDS PAYABLE FROM AD VALOREM |
|
TAXES. (a) Bonds, other than refunding bonds, payable wholly or |
|
partly from ad valorem taxes may not be issued unless authorized by |
|
a majority of the district voters voting at an election. |
|
(b) The board may issue bonds not payable wholly or partly |
|
from ad valorem taxes without an election. (Acts 65th Leg., R.S., |
|
Ch. 713, Sec. 16(a) (part).) |
|
Sec.6904.255.BONDS SECURED BY REVENUE; ADDITIONAL BONDS. |
|
(a) Bonds issued under this subchapter may be secured by a pledge |
|
of all or part of the district's revenue, or by all or part of the |
|
revenue of one or more contracts or other revenue or income |
|
specified by board resolution or a trust indenture securing the |
|
bonds. The pledge may reserve the right, under conditions |
|
specified by the pledge, to issue additional bonds that will be on a |
|
parity with or subordinate to the bonds then being issued. |
|
(b) The district may issue bonds secured by both taxes and |
|
revenue of the district described by Subsection (a). (Acts 65th |
|
Leg., R.S., Ch. 713, Secs. 13(d), (e) (part).) |
|
Sec.6904.256.BONDS PAYABLE FROM AD VALOREM TAXES. (a) If |
|
bonds are issued payable wholly or partly from ad valorem taxes, the |
|
board shall annually impose a tax on the taxable property in the |
|
district in an amount sufficient to pay the principal of and |
|
interest on the bonds when due. |
|
(b) The district may adopt the rate of a tax imposed under |
|
Subsection (a) after giving consideration to the money received |
|
from the pledged revenue that may be available for payment of |
|
principal and interest, to the extent and in the manner permitted by |
|
the resolution authorizing the issuance of the bonds. (Acts 65th |
|
Leg., R.S., Ch. 713, Secs. 13(e) (part), 23(b) (part).) |
|
Sec.6904.257.ADDITIONAL SECURITY. (a) Bonds, including |
|
refunding bonds, authorized by this subchapter that are not payable |
|
wholly from ad valorem taxes may be additionally secured, at the |
|
discretion of the board, by a deed of trust or mortgage lien on |
|
physical property of the district, franchises, easements, water |
|
rights and appropriation permits, leases, contracts, and all rights |
|
appurtenant to the property, vesting in the trustee power to: |
|
(1) sell the property for the payment of the debt; |
|
(2) operate the property; and |
|
(3) take other action to further secure the bonds. |
|
(b) A purchaser under a sale under the deed of trust lien, if |
|
one is given: |
|
(1) is the absolute owner of property, facilities, and |
|
rights purchased; and |
|
(2) is entitled to maintain and operate the property, |
|
facilities, and rights. (Acts 65th Leg., R.S., Ch. 713, Sec. 15 |
|
(part).) |
|
Sec.6904.258.TRUST INDENTURE. (a) A bond issued under |
|
this subchapter, including a refunding bond, that is not payable |
|
wholly from ad valorem taxes may be additionally secured by a trust |
|
indenture. The trustee may be a bank with trust powers located |
|
inside or outside the state. |
|
(b) A trust indenture, regardless of the existence of the |
|
deed of trust or mortgage lien on the property, may: |
|
(1) provide for the security of the bonds and the |
|
preservation of the trust estate in the manner prescribed by the |
|
board; |
|
(2) provide for amendment or modification of the trust |
|
indenture; |
|
(3) provide for the issuance of bonds to replace lost |
|
or mutilated bonds; |
|
(4) condition the right to spend district money or |
|
sell district property on the approval of a licensed engineer |
|
selected as provided by the trust indenture; and |
|
(5) provide for the investment of district money. |
|
(Acts 65th Leg., R.S., Ch. 713, Sec. 15 (part).) |
|
Sec.6904.259.CHARGES FOR DISTRICT SERVICES. (a) If |
|
district bonds payable wholly from revenue are issued, the board |
|
shall set and revise the rates of compensation for water sold and |
|
services provided by the district. The rates must be sufficient to: |
|
(1) pay the expense of operating and maintaining |
|
district facilities; |
|
(2) pay the principal of and interest on the bonds when |
|
due; and |
|
(3) maintain the reserve fund and other funds as |
|
provided in the resolution authorizing the bonds. |
|
(b) If bonds payable partly from revenue are issued, the |
|
board shall set the rate of compensation for water sold and any |
|
other services provided by the district. The rate must be |
|
sufficient to ensure compliance with the resolution authorizing the |
|
bonds or the trust indenture securing the bonds. (Acts 65th Leg., |
|
R.S., Ch. 713, Sec. 13(f).) |
|
Sec.6904.260.USE OF BOND PROCEEDS. (a) The district may |
|
set aside an amount of proceeds from the sale of bonds issued under |
|
this subchapter for: |
|
(1) the payment of interest expected to accrue during |
|
construction not to exceed three years; |
|
(2) a debt service reserve fund; and |
|
(3) other funds as may be provided in the resolution |
|
authorizing the bonds or in the trust indenture. |
|
(b) The district may use proceeds from the sale of the bonds |
|
to pay any expense necessarily incurred in accomplishing the |
|
purpose of the district, including any expense of issuing and |
|
selling the bonds. (Acts 65th Leg., R.S., Ch. 713, Sec. 13(g).) |
|
Sec.6904.261.APPOINTMENT OF RECEIVER. (a) On default or |
|
a threatened default in the payment of principal of or interest on |
|
bonds issued under this subchapter that are payable wholly or |
|
partly from revenue, a court may, on petition of the holders of |
|
outstanding bonds, appoint a receiver for the district. |
|
(b) The receiver may collect and receive all district |
|
income, except taxes, employ and discharge district agents and |
|
employees, take charge of money on hand, except money received from |
|
taxes, unless commingled, and manage the proprietary affairs of the |
|
district without consent or hindrance by the board. |
|
(c) The receiver may be authorized to sell or contract for |
|
the sale of water or to renew those contracts with the approval of |
|
the court that appointed the receiver. |
|
(d) The court may vest the receiver with any other power or |
|
duty the court finds necessary to protect the bondholders. (Acts |
|
65th Leg., R.S., Ch. 713, Sec. 13(h) (part).) |
|
Sec.6904.262.REFUNDING BONDS. (a) The district may issue |
|
refunding bonds to refund outstanding bonds issued under this |
|
subchapter and interest on those bonds. |
|
(b) Refunding bonds may: |
|
(1) be issued to refund bonds of more than one series; |
|
(2) combine the pledges for the outstanding bonds for |
|
the security of the refunding bonds; or |
|
(3) be secured by a pledge of other or additional |
|
revenue or mortgage liens. |
|
(c) The provisions of this subchapter regarding the |
|
issuance of other bonds, their security, and the remedies of the |
|
holders apply to refunding bonds. |
|
(d) The comptroller shall register the refunding bonds on |
|
surrender and cancellation of the bonds to be refunded. |
|
(e) Instead of issuing bonds to be registered on the |
|
surrender and cancellation of the bonds to be refunded, the |
|
district, in the resolution authorizing the issuance of the |
|
refunding bonds, may provide for the sale of the refunding bonds and |
|
the deposit of the proceeds in a bank at which the bonds to be |
|
refunded are payable. In that case, the refunding bonds may be |
|
issued in an amount sufficient to pay the principal of and interest |
|
and any required redemption premium on the bonds to be refunded to |
|
any redemption date or to their maturity date, and the comptroller |
|
shall register the refunding bonds without the surrender and |
|
cancellation of the bonds to be refunded. |
|
(f) An election is not required for refunding bonds. |
|
(g) The district may also issue refunding bonds under any |
|
other applicable law. (Acts 65th Leg., R.S., Ch. 713, Sec. 14.) |
|
Sec.6904.263.LIMITATION ON RIGHTS OF HOLDERS. The |
|
resolution authorizing the bonds or the trust indenture securing |
|
the bonds may limit or qualify the rights of the holders of less |
|
than all of the outstanding bonds payable from the same source to |
|
institute or prosecute litigation affecting the district's |
|
property or income. (Acts 65th Leg., R.S., Ch. 713, Sec. 13(h) |
|
(part).) |
|
Sec.6904.264.BONDS EXEMPT FROM TAXATION. A bond issued |
|
under this subchapter, the transfer of the bond, and income from the |
|
bond, including profits made on the sale of the bond, are exempt |
|
from taxation in this state. (Acts 65th Leg., R.S., Ch. 713, Sec. |
|
22 (part).) |
|
Sec. 6904.265. DETACHMENT OF DISTRICT TERRITORY AFTER |
|
ISSUANCE OF BONDS. Territory may not be detached from the district |
|
after the issuance of bonds payable from revenue or taxes. (Acts |
|
65th Leg., R.S., Ch. 713, Sec. 16(a) (part).) |
|
CHAPTER 6905. BEEVILLE WATER SUPPLY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 6905.001. DEFINITIONS |
|
Sec. 6905.002. NATURE OF DISTRICT |
|
Sec. 6905.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
[Sections 6905.004-6905.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY; ANNEXATION |
|
Sec. 6905.051. DISTRICT TERRITORY |
|
Sec. 6905.052. CITY OF BEEVILLE ANNEXATIONS |
|
Sec. 6905.053. ANNEXATION BY PETITION |
|
[Sections 6905.054-6905.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec. 6905.101. COMPOSITION OF BOARD; TERMS |
|
Sec. 6905.102. REMOVAL FROM OFFICE |
|
Sec. 6905.103. BOARD RESOLUTIONS; VOTING REQUIREMENTS |
|
Sec. 6905.104. OFFICERS AND ASSISTANTS |
|
Sec. 6905.105. MEETINGS |
|
Sec. 6905.106. PERSONAL LIABILITY OF DIRECTORS |
|
[Sections 6905.107-6905.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec. 6905.151. GENERAL POWERS |
|
Sec. 6905.152. BYLAWS AND RULES |
|
Sec. 6905.153. REGIONAL WASTE DISPOSAL |
|
Sec. 6905.154. PERMITS |
|
Sec. 6905.155. PROPERTY ACQUISITION, USE, AND |
|
DISPOSITION |
|
Sec. 6905.156. REQUESTS FOR AND ACCEPTANCE OF AID |
|
Sec. 6905.157. DISTRICT OFFICE |
|
Sec. 6905.158. PERSONNEL |
|
Sec. 6905.159. GENERAL MANAGER |
|
Sec. 6905.160. GENERAL AUTHORITY OF PUBLIC AGENCIES |
|
AND POLITICAL SUBDIVISIONS TO |
|
CONTRACT WITH DISTRICT |
|
Sec. 6905.161. CONTRACTS TO SUPPLY WATER |
|
Sec. 6905.162. SOURCES FOR WATER; ACQUISITION OF LAND; |
|
STORAGE CAPACITY |
|
Sec. 6905.163. CONSTRUCTION CONTRACTS |
|
Sec. 6905.164. CONVEYANCE OF LAND TO DISTRICT |
|
Sec. 6905.165. SURPLUS PROPERTY |
|
Sec. 6905.166. EMINENT DOMAIN |
|
Sec. 6905.167. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 6905.168. RIGHTS-OF-WAY; EASEMENTS |
|
Sec. 6905.169. DISTRICT SEAL |
|
[Sections 6905.170-6905.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 6905.201. DISTRICT MONEY |
|
Sec. 6905.202. DEPOSITORY |
|
Sec. 6905.203. INVESTMENT OF DISTRICT MONEY |
|
Sec. 6905.204. DISTRICT FACILITIES EXEMPT FROM |
|
TAXATION AND ASSESSMENT |
|
[Sections 6905.205-6905.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 6905.251. AUTHORITY TO ISSUE BONDS |
|
Sec. 6905.252. FORM OF BONDS |
|
Sec. 6905.253. MATURITY |
|
Sec. 6905.254. ELECTION FOR BONDS PAYABLE FROM AD |
|
VALOREM TAXES |
|
Sec. 6905.255. BONDS SECURED BY REVENUE; ADDITIONAL |
|
BONDS |
|
Sec. 6905.256. BONDS PAYABLE FROM AD VALOREM TAXES |
|
Sec. 6905.257. ADDITIONAL SECURITY |
|
Sec. 6905.258. TRUST INDENTURE |
|
Sec. 6905.259. DEANNEXATION OF DISTRICT TERRITORY |
|
AFTER ISSUANCE OF BONDS |
|
Sec. 6905.260. CHARGES FOR DISTRICT SERVICES |
|
Sec. 6905.261. USE OF BOND PROCEEDS |
|
Sec. 6905.262. APPOINTMENT OF RECEIVER |
|
Sec. 6905.263. REFUNDING BONDS |
|
Sec. 6905.264. LIMITATION ON RIGHTS OF HOLDERS |
|
Sec. 6905.265. BONDS EXEMPT FROM TAXATION |
|
CHAPTER 6905. BEEVILLE WATER SUPPLY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.6905.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Beeville Water Supply |
|
District. (Acts 66th Leg., R.S., Ch. 432, Secs. 1 (part), 4(a) |
|
(part).) |
|
Sec.6905.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district created under Section 59, |
|
Article XVI, Texas Constitution. (Acts 66th Leg., R.S., Ch. 432, |
|
Sec. 1 (part).) |
|
Sec.6905.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property in the district will benefit |
|
from the works and projects to be accomplished by the district under |
|
powers conferred by Section 59, Article XVI, Texas Constitution. |
|
(c) The accomplishment of the purposes stated in this |
|
chapter will benefit the people of this state and improve their |
|
property and industries. |
|
(d) The district, in carrying out the purposes of this |
|
chapter, will be performing an essential public function under the |
|
constitution of this state. (Acts 66th Leg., R.S., Ch. 432, Secs. |
|
3, 22 (part).) |
|
[Sections 6905.004-6905.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY; ANNEXATION |
|
Sec.6905.051.DISTRICT TERRITORY. The district boundaries |
|
are coterminous with the boundaries of the City of Beeville as those |
|
boundaries existed on June 6, 1979, and as the district territory |
|
may have been modified under: |
|
(1) this subchapter or its predecessor statutes, |
|
Sections 2 and 8, Chapter 432, Acts of the 66th Legislature, Regular |
|
Session, 1979; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. (Acts 66th Leg., R.S., Ch. 432, Sec. |
|
2(a) (part); New.) |
|
Sec.6905.052.CITY OF BEEVILLE ANNEXATIONS. If the City of |
|
Beeville annexes territory, the board may consider whether the new |
|
territory should also be added to the district and may: |
|
(1) add the territory by a majority vote of the board |
|
without following the annexation procedures under Section |
|
6905.053; or |
|
(2) reject the addition of the new territory. (Acts |
|
66th Leg., R.S., Ch. 432, Sec. 2(b).) |
|
Sec.6905.053.ANNEXATION BY PETITION. (a) The district |
|
may annex territory in the manner provided by this section. |
|
(b) The board may annex territory or a municipality under |
|
this section only if a petition requesting annexation is signed by |
|
50 voters of the territory or municipality to be annexed, or a |
|
majority of the registered voters of that territory or |
|
municipality, whichever is fewer, and is filed with the board. The |
|
petition must describe the territory to be annexed by metes and |
|
bounds, or otherwise, except that if the territory is the same as |
|
that contained in the boundaries of a municipality, the petition is |
|
sufficient if it states that the territory to be annexed is the |
|
territory contained in the municipal boundaries. |
|
(c) If the board determines that the petition complies with |
|
Subsection (b), that the annexation would be in the best interest of |
|
the territory or municipality and the district, and that the |
|
district will be able to supply water to the territory or |
|
municipality, the board shall: |
|
(1) adopt a resolution stating the conditions, if any, |
|
under which the territory or municipality may be annexed to the |
|
district; and |
|
(2) set a time and place to hold a hearing on the |
|
question of whether the territory or municipality to be annexed |
|
will benefit from: |
|
(A) the improvements, works, or facilities owned |
|
or operated or contemplated to be owned or operated by the district; |
|
or |
|
(B) the other functions of the district. |
|
(d) At least 10 days before the date of the hearing, notice |
|
of the adoption of the resolution stating the time and place of the |
|
hearing shall be published one time in a newspaper of general |
|
circulation in the territory or municipality to be annexed. The |
|
notice must describe the territory in the same manner in which |
|
Subsection (b) requires the petition to describe the territory. |
|
(e) Any interested person may appear at the hearing and |
|
offer evidence for or against the annexation. |
|
(f) The hearing may proceed in the order and under the rules |
|
prescribed by the board and may be recessed from time to time. |
|
(g) If, at the conclusion of the hearing, the board finds |
|
that the property in the territory or municipality will benefit |
|
from the present or contemplated improvements, works, or facilities |
|
of the district, the board shall adopt a resolution making a finding |
|
of the benefit and calling an election in the territory or |
|
municipality proposed to be annexed. |
|
(h) The resolution must state: |
|
(1) the date of the election; |
|
(2) each place where the election will be held; and |
|
(3) the proposition to be voted on. |
|
(i) At least 10 days before the date set for the election, |
|
notice of the election shall be given by publishing a substantial |
|
copy of the resolution calling the election one time in a newspaper |
|
of general circulation in the territory proposed to be annexed. |
|
(j) In calling an election on the proposition for annexation |
|
of the territory or municipality, the board may include, as part of |
|
the same proposition or as a separate proposition, a proposition |
|
for: |
|
(1) the territory or municipality to assume its part |
|
of the tax-supported bonds of the district then outstanding and |
|
those bonds previously voted but not yet sold; and |
|
(2) an ad valorem tax to be imposed on taxable property |
|
on the territory or municipality along with the tax in the rest of |
|
the district for the payment of the bonds. |
|
(k) If a majority of the votes cast at the election are in |
|
favor of annexation, the board by resolution shall annex the |
|
territory or municipality to the district. |
|
(l) The board is not required to call an election if: |
|
(1) a petition requesting annexation is signed by all |
|
residents and landowners of the territory to be annexed, the same as |
|
provided by law for conveyance of real property; and |
|
(2) the petition: |
|
(A) states that the petitioners approve their |
|
share of the outstanding bonds or other obligations, and the |
|
unissued bonds, if any, of the district, and authorizes the board to |
|
set tax rates sufficient to pay their share of the debt; and |
|
(B) is filed in the office of the county clerk of |
|
the county in which the district is located. |
|
(m) An annexation under this section is incontestable |
|
except in the manner and within the time for contesting elections |
|
under the Election Code. (Acts 66th Leg., R.S., Ch. 432, Secs. 2(a) |
|
(part), 8(a), (b), (c) (part), (d) (part), (e) (part), (f).) |
|
[Sections 6905.054-6905.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec.6905.101.COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five elected directors. |
|
Directors occupy numbered places on the board. |
|
(b) A director is eligible for reelection to the board. |
|
(c) Directors serve staggered terms. (Acts 66th Leg., R.S., |
|
Ch. 432, Sec. 4(a) (part).) |
|
Sec.6905.102.REMOVAL FROM OFFICE. After reasonable |
|
notice and a public hearing, the board may remove a director from |
|
office for misfeasance, malfeasance, or wilful neglect of duty. |
|
Reasonable notice and a public hearing are not required if the |
|
director to be removed expressly waives the notice and hearing in |
|
writing. (Acts 66th Leg., R.S., Ch. 432, Sec. 4(b).) |
|
Sec.6905.103.BOARD RESOLUTIONS; VOTING REQUIREMENTS. (a) |
|
The district shall act through resolutions adopted by the board. |
|
(b) Each director has a vote. |
|
(c) The affirmative vote of at least three directors is |
|
necessary to adopt any resolution. (Acts 66th Leg., R.S., Ch. 432, |
|
Sec. 5(c) (part).) |
|
Sec.6905.104.OFFICERS AND ASSISTANTS. (a) The board |
|
president shall: |
|
(1) serve a one-year term; and |
|
(2) perform duties prescribed by the board. |
|
(b) The board secretary shall: |
|
(1) be the official custodian of the board seal; and |
|
(2) perform other duties and functions prescribed by |
|
the board. |
|
(c) The board shall elect a treasurer who shall perform |
|
duties and functions prescribed by the board. |
|
(d) One person may hold the offices of secretary and |
|
treasurer. The secretary and treasurer are not required to be |
|
directors. |
|
(e) The board may appoint one or more persons who are not |
|
directors to be an assistant board secretary. An assistant |
|
secretary may perform any duty or function of the board secretary. |
|
(f) The board shall elect officers annually or at any time |
|
necessary to fill a vacancy. (Acts 66th Leg., R.S., Ch. 432, Secs. |
|
5(b) (part), (d) (part).) |
|
Sec.6905.105.MEETINGS. The board shall have regular |
|
meetings at times specified by board resolution and shall have |
|
special meetings when called by the board president or by any three |
|
directors. (Acts 66th Leg., R.S., Ch. 432, Sec. 5(e).) |
|
Sec.6905.106.PERSONAL LIABILITY OF DIRECTORS. A director |
|
is not personally liable for any bond issued or contract executed by |
|
the district. (Acts 66th Leg., R.S., Ch. 432, Sec. 5(f).) |
|
[Sections 6905.107-6905.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec.6905.151.GENERAL POWERS. The district may exercise |
|
any power necessary or appropriate to achieve the purposes of this |
|
chapter. (Acts 66th Leg., R.S., Ch. 432, Sec. 6(a).) |
|
Sec.6905.152.BYLAWS AND RULES. The district may adopt and |
|
enforce bylaws and rules for the conduct of its affairs. (Acts 66th |
|
Leg., R.S., Ch. 432, Sec. 6(c) (part).) |
|
Sec.6905.153.REGIONAL WASTE DISPOSAL. (a) The district |
|
may exercise any power granted by Chapter 30, Water Code, to a water |
|
district created under Section 59, Article XVI, Texas Constitution, |
|
including the power to collect, transport, process, treat, dispose |
|
of, and control all municipal, domestic, industrial, or communal |
|
waste, whether in fluid, solid, or composite state, including the |
|
control, abatement, or reduction of any type of pollution. |
|
(b) The powers granted to the district by Chapter 30, Water |
|
Code, are for the purposes of conservation and development of the |
|
natural resources of this state within the meaning of Section 59, |
|
Article XVI, Texas Constitution. (Acts 66th Leg., R.S., Ch. 432, |
|
Sec. 6(k).) |
|
Sec.6905.154.PERMITS. (a) The district may obtain |
|
through appropriate proceedings an appropriation permit or a |
|
diversion permit from the Texas Commission on Environmental |
|
Quality. |
|
(b) The district may acquire water appropriation permits |
|
from owners of permits by contract or otherwise. (Acts 66th Leg., |
|
R.S., Ch. 432, Sec. 9 (part).) |
|
Sec.6905.155.PROPERTY ACQUISITION, USE, AND DISPOSITION. |
|
(a) The district may acquire, own, rent, lease, accept, hold, or |
|
dispose of any property, or any interest in property, including a |
|
right or easement, by purchase, exchange, gift, assignment, |
|
condemnation, sale, lease, or otherwise, in performing district |
|
duties or exercising district powers under this chapter. |
|
(b) The district may hold, manage, operate, or improve |
|
property. |
|
(c) The district may lease or rent any land, building, |
|
structure, or facility from or to any person to achieve the purposes |
|
of this chapter. |
|
(d) The district may sell, assign, lease, encumber, |
|
mortgage, or otherwise dispose of property, or an interest in |
|
property, and release or relinquish a right, title, claim, lien, |
|
interest, easement, or demand, regardless of the manner in which |
|
acquired, and conduct a transaction authorized by this subsection |
|
by public or private sale, with or without public bidding, |
|
notwithstanding any other law. (Acts 66th Leg., R.S., Ch. 432, |
|
Secs. 6(e), (f).) |
|
Sec.6905.156.REQUESTS FOR AND ACCEPTANCE OF AID. The |
|
district may request and accept an appropriation, grant, |
|
allocation, subsidy, guarantee, aid, service, material, or gift |
|
from any source, including the federal government, the state, a |
|
public agency, or a political subdivision. (Acts 66th Leg., R.S., |
|
Ch. 432, Sec. 6(g).) |
|
Sec.6905.157.DISTRICT OFFICE. The district may operate |
|
and maintain an office. (Acts 66th Leg., R.S., Ch. 432, Sec. 6(h) |
|
(part).) |
|
Sec.6905.158.PERSONNEL. The district may appoint and |
|
determine the duties, tenure, qualifications, and compensation of |
|
district officers and employees, as well as any agent, professional |
|
advisor, or counselor, including any financial consultant, |
|
accountant, attorney, architect, engineer, appraiser, or financing |
|
expert, considered necessary or advisable by the board. (Acts 66th |
|
Leg., R.S., Ch. 432, Sec. 6(h) (part).) |
|
Sec.6905.159.GENERAL MANAGER. (a) The district may |
|
employ a general manager who may be the city manager of the City of |
|
Beeville. |
|
(b) The general manager may: |
|
(1) employ and discharge employees; and |
|
(2) exercise other powers conferred on the general |
|
manager by the board. (Acts 66th Leg., R.S., Ch. 432, Sec. 6(h) |
|
(part).) |
|
Sec. 6905.160. GENERAL AUTHORITY OF PUBLIC AGENCIES AND |
|
POLITICAL SUBDIVISIONS TO CONTRACT WITH DISTRICT. A public agency |
|
or political subdivision of this state, including the City of |
|
Beeville, may enter into a contract or agreement with the district, |
|
on terms agreed to by the parties, for any purpose relating to the |
|
district's powers or functions. Approval, notice, consent, or an |
|
election is not required in connection with a contract or |
|
agreement. (Acts 66th Leg., R.S., Ch. 432, Sec. 10(b) (part).) |
|
Sec.6905.161.CONTRACTS TO SUPPLY WATER. (a) The district |
|
may contract with municipalities and others, including the City of |
|
Beeville, to supply water. The district may sell water inside or |
|
outside the boundaries of the district. |
|
(b) The district may contract with a public agency or |
|
political subdivision for the rental or leasing of or for the |
|
operation of the water production, water supply, water filtration |
|
or purification, and water supply facilities of the entity on the |
|
consideration agreed to by the district and the entity. |
|
(c) A contract may be on terms and for the time agreed to by |
|
the parties. |
|
(d) A contract may provide that it will continue in effect |
|
until bonds specified in it and refunding bonds issued in lieu of |
|
the bonds are paid. |
|
(e) The district may contract with the City of Beeville for |
|
the operation of the district's water facilities by the city. An |
|
election is not required in connection with the contract. |
|
(f) A public agency or political subdivision, including the |
|
City of Beeville, may enter into a contract or agreement with the |
|
authority for a water supply as provided by Section 6905.160. (Acts |
|
66th Leg., R.S., Ch. 432, Secs. 10(a) (part), (b) (part), 19.) |
|
Sec. 6905.162. SOURCES FOR WATER; ACQUISITION OF LAND; |
|
STORAGE CAPACITY. (a) The district may acquire or construct, |
|
inside or outside the district, a reservoir, well, or any work, |
|
plant, transmission line, or other facility necessary or useful to |
|
drill for, divert, impound, store, treat, or transport water to the |
|
City of Beeville and others for municipal, domestic, agricultural, |
|
industrial, mining, oil flooding, or any other useful purpose. |
|
(b) The district may develop or otherwise acquire |
|
underground sources of water. |
|
(c) The district may acquire land, or an interest in land, |
|
inside or outside the district, for a reservoir, well, or any work, |
|
plant, transmission line, or other facility necessary or useful to |
|
drill for, divert, impound, store, treat, or transport water to the |
|
City of Beeville and others for municipal, domestic, agricultural, |
|
industrial, mining, oil flooding, or any other useful purpose. |
|
(d) The district may lease, purchase, or otherwise acquire |
|
rights in and to storage and storage capacity in any reservoir |
|
constructed or to be constructed by any person or from the United |
|
States. (Acts 66th Leg., R.S., Ch. 432, Secs. 9 (part), 10(a) |
|
(part), 11 (part).) |
|
Sec.6905.163.CONSTRUCTION CONTRACTS. (a) The district |
|
may award a construction contract that requires an expenditure of |
|
more than $5,000 only after publication of notice to bidders once |
|
each week for two weeks in a newspaper of general circulation in the |
|
district. |
|
(b) The notice is sufficient if it states: |
|
(1) the time and place for opening the bids; |
|
(2) the general nature of the work to be done or the |
|
material, equipment, or supplies to be purchased; and |
|
(3) where the terms of bidding and copies of the plans |
|
and specifications may be obtained. (Acts 66th Leg., R.S., Ch. 432, |
|
Sec. 13.) |
|
Sec.6905.164.CONVEYANCE OF LAND TO DISTRICT. A public |
|
agency or a political subdivision of this state, including the City |
|
of Beeville, may lease, sell, or otherwise convey its land or an |
|
interest in its land to the district for consideration that the |
|
parties agree is adequate. Approval, notice, consent, or an |
|
election is not required in connection with the conveyance. (Acts |
|
66th Leg., R.S., Ch. 432, Sec. 10(b) (part).) |
|
Sec.6905.165.SURPLUS PROPERTY. Subject to the terms of a |
|
resolution or deed of trust authorizing or securing bonds issued by |
|
the district, the district may sell, lease, rent, trade, or |
|
otherwise dispose of property that the board considers is not |
|
needed for a district purpose. (Acts 66th Leg., R.S., Ch. 432, Sec. |
|
11 (part).) |
|
Sec.6905.166.EMINENT DOMAIN. (a) To carry out an |
|
authority provided by this chapter, the district may exercise the |
|
power of eminent domain to acquire the fee simple title, or any |
|
other interest in land, and other property and easements, inside or |
|
outside the district, including land or an interest in land needed |
|
for a reservoir, dam, or flood easement above the probable high |
|
water line around any reservoir. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code. |
|
(c) The district is a municipal corporation for the purposes |
|
of Chapter 21, Property Code. |
|
(d) The board shall determine the amount and type of |
|
interest in land, other property, or easements to be acquired. |
|
(Acts 66th Leg., R.S., Ch. 432, Sec. 12(a) (part).) |
|
Sec.6905.167.COST OF RELOCATING OR ALTERING PROPERTY. |
|
(a) In this section, "sole expense" means the actual cost of the |
|
lowering, rerouting, or change in grade or alteration of |
|
construction required under Subsection (b) to provide a comparable |
|
replacement without enhancing the facility, after deducting the net |
|
salvage value derived from the old facility. |
|
(b) If the district's exercise of its eminent domain, |
|
police, or other power requires relocating, raising, lowering, |
|
rerouting, or changing the grade of, or altering the construction |
|
of any railroad, electric transmission, telegraph, or telephone |
|
line, conduit, pole, property, facility, or pipeline, the action |
|
shall be accomplished at the sole expense of the district. (Acts |
|
66th Leg., R.S., Ch. 432, Sec. 12(c).) |
|
Sec.6905.168.RIGHTS-OF-WAY; EASEMENTS. The district has |
|
all necessary or useful rights-of-way and easements along, over, |
|
under, and across all public, state, municipal, and county roads, |
|
highways, and places for any of its purposes. The district shall |
|
restore a facility used to its previous condition as nearly as |
|
possible at the sole expense of the district. (Acts 66th Leg., |
|
R.S., Ch. 432, Sec. 12(b).) |
|
Sec.6905.169.DISTRICT SEAL. The district may adopt an |
|
official seal. (Acts 66th Leg., R.S., Ch. 432, Sec. 6(c) (part).) |
|
[Sections 6905.170-6905.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec.6905.201.DISTRICT MONEY. The district may acquire, |
|
hold, use, and dispose of its receipts and money from every source. |
|
(Acts 66th Leg., R.S., Ch. 432, Sec. 6(d) (part).) |
|
Sec.6905.202.DEPOSITORY. (a) The board shall designate |
|
one or more banks inside or outside the district to serve as the |
|
depository for the district's money. |
|
(b) District money shall be deposited in the depository |
|
designated by the board, except that: |
|
(1) bond proceeds and money pledged to pay bonds, to |
|
the extent provided in a resolution or trust indenture authorizing |
|
or securing district bonds, may be deposited with another bank or |
|
trustee named in the bond resolution or trust indenture; and |
|
(2) money shall be remitted to each paying agent for |
|
the payment of principal of and interest on the bonds. |
|
(c) To the extent that money in a depository bank or the |
|
trustee bank is not insured by the Federal Deposit Insurance |
|
Corporation, the money must be secured in the manner provided by law |
|
for the security of municipal money. (Acts 66th Leg., R.S., Ch. |
|
432, Secs. 6(d) (part), 20 (part).) |
|
Sec.6905.203.INVESTMENT OF DISTRICT MONEY. The board may |
|
invest district money in obligations and make time deposits of |
|
district money in a manner determined by the board or in the manner |
|
permitted or required in a resolution or trust indenture |
|
authorizing or securing district bonds. (Acts 66th Leg., R.S., Ch. |
|
432, Sec. 20 (part).) |
|
Sec. 6905.204. DISTRICT FACILITIES EXEMPT FROM TAXATION AND |
|
ASSESSMENT. The district is not required to pay a tax or assessment |
|
on its facilities or any part of its facilities. (Acts 66th Leg., |
|
R.S., Ch. 432, Sec. 22 (part).) |
|
[Sections 6905.205-6905.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec.6905.251.AUTHORITY TO ISSUE BONDS. (a) The district |
|
may issue bonds, provide for and secure the payment of the bonds, |
|
and provide for the rights of the holders of the bonds, in the |
|
manner and to the extent permitted by this chapter. |
|
(b) The district may issue bonds to carry out any authority |
|
conferred by this chapter. The bonds must be authorized by a board |
|
resolution. |
|
(c) The bonds may be payable from and secured by revenue or |
|
ad valorem taxes, or both revenue and ad valorem taxes, of the |
|
district, in the manner and under the terms of the resolution |
|
authorizing the issuance of the bonds. (Acts 66th Leg., R.S., Ch. |
|
432, Secs. 6(i), 14(a), (b) (part), (d) (part).) |
|
Sec.6905.252.FORM OF BONDS. A district bond must be: |
|
(1) issued in the district's name; |
|
(2) signed by the president or vice president; and |
|
(3) attested by the secretary. (Acts 66th Leg., R.S., |
|
Ch. 432, Sec. 14(b) (part).) |
|
Sec.6905.253.MATURITY. District bonds must mature not |
|
later than 50 years after the date of their issuance. (Acts 66th |
|
Leg., R.S., Ch. 432, Sec. 14(b) (part).) |
|
Sec. 6905.254. ELECTION FOR BONDS PAYABLE FROM AD VALOREM |
|
TAXES. (a) Bonds, other than refunding bonds, payable wholly or |
|
partly from ad valorem taxes may not be issued unless authorized by |
|
a majority of the district voters voting at an election. |
|
(b) The board may call an election under this section |
|
without a petition. The resolution calling the election must |
|
specify: |
|
(1) the time and places at which the election will be |
|
held; |
|
(2) the purpose for which the bonds will be issued; |
|
(3) the amount of the bonds; |
|
(4) the form of the ballot; and |
|
(5) other matters the board considers necessary or |
|
advisable. |
|
(c) Notice of the election must be given by publishing a |
|
substantial copy of the resolution calling the election in a |
|
newspaper of general circulation in the district. The notice must |
|
be published once each week for two consecutive weeks. The first |
|
publication must be not later than the 14th day before the date of |
|
the election. |
|
(d) The board may issue bonds not payable wholly or partly |
|
from ad valorem taxes without an election. (Acts 66th Leg., R.S., |
|
Ch. 432, Secs. 17(a) (part), (b).) |
|
Sec.6905.255.BONDS SECURED BY REVENUE; ADDITIONAL BONDS. |
|
(a) Bonds issued under this subchapter may be secured by a pledge |
|
of all or part of the district's revenue, or by all or part of the |
|
revenue of one or more contracts previously or subsequently made or |
|
other revenue or income specified by board resolution or a trust |
|
indenture securing the bonds. The pledge may reserve the right, |
|
under conditions specified by the pledge, to issue additional bonds |
|
that will be on a parity with or subordinate to the bonds then being |
|
issued. |
|
(b) The district may issue bonds secured by both taxes and |
|
revenue of the district described by Subsection (a). (Acts 66th |
|
Leg., R.S., Ch. 432, Secs. 14(c), (d) (part).) |
|
Sec.6905.256.BONDS PAYABLE FROM AD VALOREM TAXES. (a) If |
|
bonds are issued payable wholly or partly from ad valorem taxes, the |
|
board shall annually impose a tax on the taxable property in the |
|
district in an amount sufficient to pay the principal of and |
|
interest on the bonds when due. |
|
(b) The district may adopt the rate of a tax imposed under |
|
Subsection (a) after giving consideration to the money received |
|
from the pledged revenue that may be available for payment of |
|
principal and interest, to the extent and in the manner permitted by |
|
the resolution authorizing the issuance of the bonds. (Acts 66th |
|
Leg., R.S., Ch. 432, Secs. 14(d) (part), 23(b) (part).) |
|
Sec.6905.257.ADDITIONAL SECURITY. (a) Bonds, including |
|
refunding bonds, authorized by this subchapter that are not payable |
|
wholly from ad valorem taxes may be additionally secured, at the |
|
discretion of the board, by a deed of trust or mortgage lien on |
|
physical property of the district, franchises, easements, water |
|
rights and appropriation permits, leases, contracts, and all rights |
|
appurtenant to the property, vesting in the trustee power to: |
|
(1) sell the property for the payment of the debt; |
|
(2) operate the property; and |
|
(3) take other action to further secure the bonds. |
|
(b) A purchaser under a sale under the deed of trust lien, if |
|
one is given: |
|
(1) is the absolute owner of property, facilities, and |
|
rights purchased; and |
|
(2) is entitled to maintain and operate the property, |
|
facilities, and rights. (Acts 66th Leg., R.S., Ch. 432, Sec. 16 |
|
(part).) |
|
Sec.6905.258.TRUST INDENTURE. (a) A bond issued under |
|
this subchapter, including a refunding bond, that is not payable |
|
wholly from ad valorem taxes may be additionally secured by a trust |
|
indenture. The trustee may be a bank with trust powers located |
|
inside or outside the state. |
|
(b) A trust indenture, regardless of the existence of the |
|
deed of trust or mortgage lien on the property, may: |
|
(1) provide for the security of the bonds and the |
|
preservation of the trust estate in the manner prescribed by the |
|
board; |
|
(2) provide for amendment or modification of the trust |
|
indenture; |
|
(3) provide for the issuance of bonds to replace lost |
|
or mutilated bonds; |
|
(4) condition the right to spend district money or |
|
sell district property on the approval of a licensed engineer |
|
selected as provided by the trust indenture; and |
|
(5) provide for the investment of district money. |
|
(Acts 66th Leg., R.S., Ch. 432, Sec. 16 (part).) |
|
Sec. 6905.259. DEANNEXATION OF DISTRICT TERRITORY AFTER |
|
ISSUANCE OF BONDS. Territory may not be deannexed from the district |
|
after the issuance of bonds payable from revenue or taxes. (Acts |
|
66th Leg., R.S., Ch. 432, Sec. 17(a) (part).) |
|
Sec.6905.260.CHARGES FOR DISTRICT SERVICES. (a) If bonds |
|
payable wholly from revenue are issued, the board shall set and |
|
revise the rates of compensation for water sold and services |
|
provided by the district. The rates must be sufficient to: |
|
(1) pay the expense of operating and maintaining |
|
district facilities; |
|
(2) pay the principal of and interest on the bonds when |
|
due; and |
|
(3) maintain the reserve fund and other funds as |
|
provided in the resolution authorizing the bonds. |
|
(b) If bonds payable partly from revenue are issued, the |
|
board shall set and revise the rate of compensation for water sold |
|
and any other services provided by the district. The rate must be |
|
in an amount sufficient to ensure compliance with the resolution |
|
authorizing the bonds or the trust indenture securing the bonds. |
|
(Acts 66th Leg., R.S., Ch. 432, Sec. 14(e).) |
|
Sec.6905.261.USE OF BOND PROCEEDS. (a) The district may |
|
set aside an amount of proceeds from the sale of bonds issued under |
|
this subchapter for: |
|
(1) the payment of interest expected to accrue during |
|
construction not to exceed three years; |
|
(2) a reserve interest and sinking fund; and |
|
(3) other funds as may be provided in the resolution |
|
authorizing the bonds or in the trust indenture. |
|
(b) The district may use proceeds from the sale of the bonds |
|
to pay any expense necessarily incurred in accomplishing the |
|
purpose of the district, including: |
|
(1) any expense of issuing and selling the bonds; and |
|
(2) the amount needed to operate the district during |
|
construction of the improvements. (Acts 66th Leg., R.S., Ch. 432, |
|
Sec. 14(f).) |
|
Sec.6905.262.APPOINTMENT OF RECEIVER. (a) On default or |
|
a threatened default in the payment of principal of or interest on |
|
bonds issued under this subchapter that are payable wholly or |
|
partly from revenue, a court may, on petition of the holders of |
|
outstanding bonds, appoint a receiver for the district. |
|
(b) The receiver may collect and receive all district |
|
income, except taxes, employ and discharge district agents and |
|
employees, take charge of money on hand, except money received from |
|
taxes, unless commingled, and manage the proprietary affairs of the |
|
district without consent or hindrance by the board. |
|
(c) The receiver may be authorized to sell or contract for |
|
the sale of water or to renew those contracts with the approval of |
|
the court that appointed the receiver. |
|
(d) The court may vest the receiver with any other power or |
|
duty the court finds necessary to protect the bondholders. (Acts |
|
66th Leg., R.S., Ch. 432, Sec. 14(g) (part).) |
|
Sec.6905.263.REFUNDING BONDS. (a) The district may issue |
|
refunding bonds to refund outstanding bonds issued under this |
|
subchapter and interest on those bonds. |
|
(b) Refunding bonds may: |
|
(1) be issued to refund bonds of more than one series; |
|
(2) combine the pledges for the outstanding bonds for |
|
the security of the refunding bonds; or |
|
(3) be secured by a pledge of other or additional |
|
revenue or mortgage liens. |
|
(c) The provisions of this subchapter regarding the |
|
issuance of other bonds, their security, and the remedies of the |
|
holders apply to refunding bonds. |
|
(d) The comptroller shall register the refunding bonds on |
|
surrender and cancellation of the bonds to be refunded. |
|
(e) Instead of issuing bonds to be registered on the |
|
surrender and cancellation of the bonds to be refunded, the |
|
district, in the resolution authorizing the issuance of the |
|
refunding bonds, may provide for the sale of the refunding bonds and |
|
the deposit of the proceeds in a bank at which the bonds to be |
|
refunded are payable. In that case, the refunding bonds may be |
|
issued in an amount sufficient to pay the principal of and interest |
|
and any required redemption premium on the bonds to be refunded to |
|
any redemption date or to their maturity date, and the comptroller |
|
shall register the refunding bonds without the surrender and |
|
cancellation of the bonds to be refunded. |
|
(f) An election is not required for refunding bonds. |
|
(g) The district may also issue refunding bonds under any |
|
other applicable law. (Acts 66th Leg., R.S., Ch. 432, Sec. 15.) |
|
Sec.6905.264.LIMITATION ON RIGHTS OF HOLDERS. The |
|
resolution authorizing the bonds or the trust indenture securing |
|
the bonds may limit or qualify the rights of the holders of less |
|
than all of the outstanding bonds payable from the source to |
|
institute or prosecute litigation affecting the district's |
|
property or income. (Acts 66th Leg., R.S., Ch. 432, Sec. 14(g) |
|
(part).) |
|
Sec.6905.265.BONDS EXEMPT FROM TAXATION. A bond issued |
|
under this subchapter, the transfer of the bond, and income from the |
|
bond, including profits made on the sale of the bond, are exempt |
|
from taxation in this state. (Acts 66th Leg., R.S., Ch. 432, Sec. |
|
22 (part).) |
|
CHAPTER 6906. CORYELL CITY WATER SUPPLY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 6906.001. DEFINITIONS |
|
Sec. 6906.002. NATURE OF DISTRICT |
|
Sec. 6906.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 6906.004. DISTRICT TERRITORY |
|
[Sections 6906.005-6906.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 6906.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 6906.052. QUALIFICATIONS FOR OFFICE |
|
Sec. 6906.053. VACANCIES |
|
Sec. 6906.054. REMOVAL FROM OFFICE |
|
Sec. 6906.055. BOARD RESOLUTIONS; VOTING REQUIREMENTS |
|
Sec. 6906.056. OFFICERS AND ASSISTANTS |
|
Sec. 6906.057. DUTIES OF OFFICERS AND ASSISTANTS |
|
Sec. 6906.058. MEETINGS |
|
Sec. 6906.059. PERSONAL LIABILITY OF DIRECTORS |
|
[Sections 6906.060-6906.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 6906.101. GENERAL POWERS |
|
Sec. 6906.102. GENERAL POWERS REGARDING WATER |
|
Sec. 6906.103. GENERAL POWERS REGARDING WASTE |
|
Sec. 6906.104. DISTRICT BYLAWS AND RULES |
|
Sec. 6906.105. PROPERTY ACQUISITION, USE, AND |
|
DISPOSITION |
|
Sec. 6906.106. REQUESTS FOR AND ACCEPTANCE OF AID |
|
Sec. 6906.107. DISTRICT OFFICE |
|
Sec. 6906.108. PERSONNEL |
|
Sec. 6906.109. PERMITS |
|
Sec. 6906.110. GENERAL CONTRACT POWERS |
|
Sec. 6906.111. AUTHORITY OF PUBLIC AGENCIES AND |
|
POLITICAL SUBDIVISIONS TO CONTRACT |
|
WITH DISTRICT |
|
Sec. 6906.112. ACQUISITION OF LAND; STORAGE CAPACITY |
|
Sec. 6906.113. CONSTRUCTION CONTRACTS |
|
Sec. 6906.114. CONVEYANCE OF LAND TO DISTRICT |
|
Sec. 6906.115. DISPOSAL OF PROPERTY |
|
Sec. 6906.116. EMINENT DOMAIN |
|
Sec. 6906.117. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 6906.118. RIGHTS-OF-WAY; EASEMENTS |
|
Sec. 6906.119. SEAL |
|
[Sections 6906.120-6906.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 6906.151. DISTRICT MONEY |
|
Sec. 6906.152. AUTHORITY TO BORROW MONEY AND ISSUE |
|
BONDS |
|
Sec. 6906.153. DEPOSITORY |
|
Sec. 6906.154. INVESTMENT OF DISTRICT MONEY |
|
Sec. 6906.155. DISTRICT FACILITIES EXEMPT FROM |
|
TAXATION AND ASSESSMENT |
|
[Sections 6906.156-6906.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 6906.201. AUTHORITY TO ISSUE BONDS |
|
Sec. 6906.202. FORM OF BONDS |
|
Sec. 6906.203. MATURITY |
|
Sec. 6906.204. BONDS SECURED BY REVENUE; ADDITIONAL |
|
BONDS |
|
Sec. 6906.205. ADDITIONAL SECURITY |
|
Sec. 6906.206. TRUST INDENTURE |
|
Sec. 6906.207. CHARGES FOR DISTRICT SERVICES |
|
Sec. 6906.208. STATE PLEDGE REGARDING RIGHTS AND |
|
REMEDIES OF BONDHOLDERS |
|
Sec. 6906.209. USE OF BOND PROCEEDS |
|
Sec. 6906.210. APPOINTMENT OF RECEIVER |
|
Sec. 6906.211. REFUNDING BONDS |
|
Sec. 6906.212. OTHER REMEDIES AND COVENANTS |
|
Sec. 6906.213. LIMITATION ON RIGHTS OF BONDHOLDERS |
|
Sec. 6906.214. BONDS EXEMPT FROM TAXATION |
|
CHAPTER 6906. CORYELL CITY WATER SUPPLY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.6906.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Bond" means a bond or note. |
|
(3) "Director" means a member of the board. |
|
(4) "District" means the Coryell City Water Supply |
|
District. (Acts 66th Leg., R.S., Ch. 435, Secs. 1 (part), 5(a) |
|
(part), 16(a) (part).) |
|
Sec.6906.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Coryell County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 66th |
|
Leg., R.S., Ch. 435, Sec. 1 (part).) |
|
Sec.6906.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district and other areas to be served by the district's works |
|
and projects will benefit from the works and projects accomplished |
|
by the district under the powers conferred by Section 59, Article |
|
XVI, Texas Constitution. |
|
(c) The accomplishment of the purposes stated in this |
|
chapter is for the benefit of the people of this state for the |
|
improvement of their property and industries. The district, in |
|
carrying out the purposes of this chapter, will be performing an |
|
essential public function under the constitution. (Acts 66th Leg., |
|
R.S., Ch. 435, Secs. 4, 23 (part).) |
|
Sec.6906.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 2, Chapter 435, Acts |
|
of the 66th Legislature, Regular Session, 1979, as that territory |
|
may have been modified under: |
|
(1) Subchapter J, Chapter 49, Water Code; or |
|
(2) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 66th Leg., R.S., Ch. 435, Sec. 3; New.) |
|
[Sections 6906.005-6906.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.6906.051.COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of 11 directors, each of whom |
|
occupies a numbered place on the board. |
|
(b) Directors serve staggered two-year terms, with the |
|
terms of the directors occupying Places 1, 2, 3, 4, and 5 expiring |
|
on April 1 of each even-numbered year and the terms of the directors |
|
occupying Places 6, 7, 8, 9, 10, and 11 expiring April 1 of each |
|
odd-numbered year. |
|
(c) In March of each year, the Commissioners Court of |
|
Coryell County shall appoint directors to succeed directors whose |
|
term of office will expire on April 1. The appointed directors' |
|
terms begin on April 1 of that year. (Acts 66th Leg., R.S., Ch. 435, |
|
Secs. 5(a) (part), (b) (part).) |
|
Sec.6906.052.QUALIFICATIONS FOR OFFICE. (a) Directors |
|
must be appointed from areas in Coryell County as follows: |
|
(1) one each from the Oglesby-Mound area and Levita |
|
area; |
|
(2) two each from the Pancake area, Jonesboro area, |
|
and Turnersville area; and |
|
(3) three from the Coryell City area. |
|
(b) To be eligible to succeed a director whose term of |
|
office is about to expire, a person must be appointed from the same |
|
geographical area as the geographical area that the director |
|
represents. |
|
(c) Each director is eligible for reappointment. |
|
(d) To be eligible to be appointed or to serve as a director, |
|
a person must be a resident, qualified voter of the geographical |
|
area from which the person is appointed. |
|
(e) A director may not hold any other public office. (Acts |
|
66th Leg., R.S., Ch. 435, Secs. 5(b) (part), (c).) |
|
Sec.6906.053.VACANCIES. Any vacancy occurring on the |
|
board shall be filled for the unexpired term by appointment in the |
|
manner in which the vacating director was appointed. (Acts 66th |
|
Leg., R.S., Ch. 435, Sec. 5(b) (part).) |
|
Sec.6906.054.REMOVAL FROM OFFICE. After reasonable |
|
notice and a public hearing, the board may remove a director from |
|
office for misfeasance, malfeasance, or wilful neglect of duty. |
|
Reasonable notice and a public hearing are not required if the |
|
notice and hearing are expressly waived in writing. (Acts 66th |
|
Leg., R.S., Ch. 435, Sec. 5(d).) |
|
Sec.6906.055.BOARD RESOLUTIONS; VOTING REQUIREMENTS. (a) |
|
The district shall act by resolutions adopted by the board. |
|
(b) All directors are entitled to vote. |
|
(c) The affirmative vote of a majority of the directors |
|
present is necessary to adopt a resolution. (Acts 66th Leg., R.S., |
|
Ch. 435, Sec. 6(c).) |
|
Sec.6906.056.OFFICERS AND ASSISTANTS. (a) The board |
|
shall elect a president, vice president, secretary, and treasurer |
|
at the first meeting of the newly constituted board each year and at |
|
any time necessary to fill a vacancy. |
|
(b) The board shall elect the president and vice president |
|
from among the directors. |
|
(c) The offices of secretary and treasurer: |
|
(1) may be held by one person; and |
|
(2) are not required to be held by a director. |
|
(d) The board may appoint as assistant board secretary one |
|
or more persons who are not directors. (Acts 66th Leg., R.S., Ch. |
|
435, Secs. 6(b) (part), (d) (part).) |
|
Sec.6906.057.DUTIES OF OFFICERS AND ASSISTANTS. (a) The |
|
board president shall preside at board meetings and perform other |
|
duties prescribed by the board. |
|
(b) The board treasurer shall perform duties and functions |
|
prescribed by the board. |
|
(c) The board secretary is the official custodian of the |
|
minutes, books, records, and seal of the board and shall perform |
|
other duties and functions prescribed by the board. An assistant |
|
board secretary may perform any duty or function of the board |
|
secretary. (Acts 66th Leg., R.S., Ch. 435, Sec. 6(b) (part).) |
|
Sec.6906.058.MEETINGS. The board shall have regular |
|
meetings at times specified by board resolution and shall have |
|
special meetings when called by the board president or by any two |
|
directors. (Acts 66th Leg., R.S., Ch. 435, Sec. 6(e).) |
|
Sec.6906.059.PERSONAL LIABILITY OF DIRECTORS. A director |
|
is not personally liable for any bond issued or contract executed by |
|
the district. (Acts 66th Leg., R.S., Ch. 435, Sec. 6(f).) |
|
[Sections 6906.060-6906.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.6906.101.GENERAL POWERS. The district has all powers |
|
necessary or appropriate to achieve the purposes of this chapter. |
|
(Acts 66th Leg., R.S., Ch. 435, Sec. 9(a).) |
|
Sec.6906.102.GENERAL POWERS REGARDING WATER. The |
|
district has all rights, powers, and privileges necessary or useful |
|
to enable it to acquire, provide, supply, deliver, and sell potable |
|
water for any beneficial purpose in its boundaries and vicinity and |
|
in Coryell and McLennan Counties. (Acts 66th Leg., R.S., Ch. 435, |
|
Sec. 7.) |
|
Sec.6906.103.GENERAL POWERS REGARDING WASTE. (a) The |
|
district has all rights, powers, and privileges necessary or useful |
|
to enable it to collect, transport, dispose of, and control |
|
domestic, industrial, or communal wastes, whether in fluid, solid, |
|
or composite state, inside and outside its boundaries. |
|
(b) The district may exercise any power granted by Chapter |
|
30, Water Code, to a district created under Section 59, Article XVI, |
|
Texas Constitution. (Acts 66th Leg., R.S., Ch. 435, Secs. 8, 9(l).) |
|
Sec.6906.104.DISTRICT BYLAWS AND RULES. The district may |
|
adopt and enforce: |
|
(1) bylaws and rules for the conduct of its affairs; |
|
and |
|
(2) rules that a municipal utility district may adopt |
|
and enforce under Sections 54.205 et seq., Water Code. (Acts 66th |
|
Leg., R.S., Ch. 435, Secs. 9(c) (part), (k).) |
|
Sec.6906.105.PROPERTY ACQUISITION, USE, AND DISPOSITION. |
|
(a) The district may acquire, own, rent, lease, accept, hold, or |
|
dispose of property, or an interest in property, including a right |
|
or easement, by purchase, exchange, gift, assignment, |
|
condemnation, sale, lease, or otherwise, in performing district |
|
duties or exercising district powers under this chapter. |
|
(b) The district may hold, manage, operate, or improve |
|
property. |
|
(c) The district may lease or rent any land, building, |
|
structure, or facility from or to any person to achieve the purposes |
|
of this chapter. |
|
(d) The district may sell, assign, lease, encumber, |
|
mortgage, or otherwise dispose of property, or an interest in |
|
property, and release or relinquish a right, title, claim, lien, |
|
interest, easement, or demand, regardless of the manner in which |
|
acquired, and conduct a transaction authorized by this subsection |
|
by public or private sale, with or without public bidding, |
|
notwithstanding any other law. (Acts 66th Leg., R.S., Ch. 435, |
|
Secs. 9(e), (f).) |
|
Sec.6906.106.REQUESTS FOR AND ACCEPTANCE OF AID. The |
|
district may request and accept an appropriation, grant, |
|
allocation, subsidy, guarantee, aid, service, material, or gift |
|
from any public or private source, including the federal |
|
government, the state, a public agency, or a political subdivision. |
|
(Acts 66th Leg., R.S., Ch. 435, Sec. 9(g).) |
|
Sec.6906.107.DISTRICT OFFICE. The district may operate |
|
and maintain an office. (Acts 66th Leg., R.S., Ch. 435, Sec. 9(h) |
|
(part).) |
|
Sec.6906.108.PERSONNEL. The district may appoint and |
|
determine the duties, tenure, qualifications, and compensation of |
|
district officers and employees, as well as any agent, professional |
|
advisor, or counselor, including any financial consultant, |
|
accountant, attorney, architect, engineer, appraiser, or financing |
|
expert, considered necessary or advisable by the board. (Acts 66th |
|
Leg., R.S., Ch. 435, Sec. 9(h) (part).) |
|
Sec.6906.109.PERMITS. (a) The district may obtain |
|
through appropriate proceedings permits from the Texas Commission |
|
on Environmental Quality. |
|
(b) The district may acquire water appropriation permits |
|
from owners of permits by contract or otherwise. (Acts 66th Leg., |
|
R.S., Ch. 435, Sec. 10 (part).) |
|
Sec.6906.110.GENERAL CONTRACT POWERS. (a) The district |
|
may enter into and enforce a contract or agreement necessary or |
|
convenient to the exercise of the powers, rights, privileges, and |
|
functions conferred on the district by this chapter or the general |
|
law, including a contract or agreement with any person as the board |
|
considers necessary or proper for, or in connection with, any power |
|
or function of the district for: |
|
(1) the purchase or other acquisition, storage, |
|
transportation, distribution, delivery, or sale of water; |
|
(2) the collection, transportation, processing, or |
|
disposal of waste; or |
|
(3) the construction, acquisition, ownership, |
|
financing, operation, maintenance, sale, leasing to or from, or |
|
other use or disposition of any facilities authorized to be |
|
developed, acquired, or constructed under this chapter or the |
|
general law. |
|
(b) The authority to enter into or enforce the contract or |
|
agreement includes the authority to enter into or enforce a |
|
contract or agreement regarding: |
|
(1) any improvements, structures, facilities, |
|
equipment, and other property of any kind in connection with the |
|
subject of the contract or agreement; |
|
(2) any related land, leaseholds, and easements; and |
|
(3) any interests in the property. |
|
(c) The contract or agreement: |
|
(1) may not have a term of more than 40 years; and |
|
(2) may contain provisions the board determines to be |
|
in the best interest of the district. |
|
(d) The district may pledge all or part of its revenue to the |
|
payment of its obligations under the contract or agreement to the |
|
same extent and on the same conditions as it may pledge revenue to |
|
secure district bonds. (Acts 66th Leg., R.S., Ch. 435, Sec. 11(a).) |
|
Sec. 6906.111. AUTHORITY OF PUBLIC AGENCIES AND POLITICAL |
|
SUBDIVISIONS TO CONTRACT WITH DISTRICT. (a) A public agency or |
|
political subdivision of this state may enter into a contract or |
|
agreement with the district, on terms agreed to by the parties, for: |
|
(1) the purchase or sale of water; |
|
(2) waste collection, processing, or disposal; or |
|
(3) any purpose relating to the district's powers or |
|
functions. |
|
(b) Approval, notice, consent, or an election is not |
|
required in connection with a contract or agreement. (Acts 66th |
|
Leg., R.S., Ch. 435, Sec. 11(b) (part).) |
|
Sec.6906.112.ACQUISITION OF LAND; STORAGE CAPACITY. (a) |
|
The district may acquire land, or an interest in land, inside or |
|
outside the district for any work, plant, or other facility |
|
necessary or useful to divert, impound, store, drill for, pump, |
|
treat, or transport water for municipal, domestic, industrial, |
|
mining, oil flooding, or any other useful purpose. |
|
(b) The district may lease, purchase, or otherwise acquire |
|
rights in and to storage and storage capacity in any reservoir |
|
constructed or to be constructed by the United States or any other |
|
person. (Acts 66th Leg., R.S., Ch. 435, Secs. 10 (part), 13 |
|
(part).) |
|
Sec.6906.113.CONSTRUCTION CONTRACTS. (a) The district |
|
may award a construction contract that requires an expenditure of |
|
more than $5,000 only after publication of notice to bidders once |
|
each week for two consecutive weeks in a newspaper of general |
|
circulation in the district. |
|
(b) The notice is sufficient if it states: |
|
(1) the time and place for opening the bids; |
|
(2) the general nature of the work to be done; |
|
(3) the material, equipment, or supplies to be |
|
purchased; and |
|
(4) where the terms of bidding and copies of the plans |
|
and specifications may be obtained. (Acts 66th Leg., R.S., Ch. 435, |
|
Sec. 15.) |
|
Sec.6906.114.CONVEYANCE OF LAND TO DISTRICT. A public |
|
agency or political subdivision of this state may lease, sell, or |
|
otherwise convey to the district any of its land, improvements, |
|
property, plants, lines, or other facilities related to the supply |
|
of water or the collection, processing, or disposal of waste for any |
|
consideration that the parties agree is adequate. Approval, |
|
notice, consent, or an election is not required in connection with a |
|
conveyance, contract, or agreement. (Acts 66th Leg., R.S., Ch. |
|
435, Sec. 11(b) (part).) |
|
Sec.6906.115.DISPOSAL OF PROPERTY. Subject to the terms |
|
of a resolution or deed of trust authorizing or securing bonds |
|
issued by the district, the district may sell, lease, rent, trade, |
|
or otherwise dispose of property under terms considered by the |
|
board to be consistent with district purposes. (Acts 66th Leg., |
|
R.S., Ch. 435, Sec. 13 (part).) |
|
Sec.6906.116.EMINENT DOMAIN. (a) To carry out a power |
|
provided by this chapter, the district may exercise the power of |
|
eminent domain to acquire the fee simple title to land, or any other |
|
interest in land, and other property and easements, inside or |
|
outside the district. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except that the |
|
district is not required to: |
|
(1) give bond for appeal or bond for costs in a |
|
condemnation or other suit to which it is a party; or |
|
(2) deposit double the amount of an award in a suit. |
|
(c) The district is a municipal corporation for the purposes |
|
of Chapter 21, Property Code. |
|
(d) The board shall determine the amount and the type of |
|
interest in land, other property, or easements to be acquired. |
|
(Acts 66th Leg., R.S., Ch. 435, Sec. 14(a) (part).) |
|
Sec.6906.117.COST OF RELOCATING OR ALTERING PROPERTY. |
|
(a) In this section, the term "sole expense" means the actual cost |
|
of the relocation, raising, lowering, rerouting, or change in grade |
|
or alteration of construction required under Subsection (b) to |
|
provide a comparable replacement without enhancing the facility, |
|
after deducting the net salvage value derived from the old |
|
facility. |
|
(b) If the district's exercise of its eminent domain, |
|
police, or other power requires relocating, raising, lowering, |
|
rerouting, changing the grade of, or altering the construction of |
|
any railroad, electric, transmission, telegraph, or telephone |
|
line, conduit, pole, property or facility, or pipeline, the action |
|
shall be accomplished at the sole expense of the district. (Acts |
|
66th Leg., R.S., Ch. 435, Sec. 14(c).) |
|
Sec.6906.118.RIGHTS-OF-WAY; EASEMENTS. The district has |
|
all necessary or useful right-of-way and easements along, over, |
|
under, and across all public, state, municipal, and county roads, |
|
highways, and places for any of its purposes. The district shall |
|
restore a facility used to its previous condition as nearly as |
|
possible at the sole expense of the district. (Acts 66th Leg., |
|
R.S., Ch. 435, Sec. 14(b).) |
|
Sec.6906.119.SEAL. The district may adopt an official |
|
seal. (Acts 66th Leg., R.S., Ch. 435, Sec. 9(c) (part).) |
|
[Sections 6906.120-6906.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.6906.151.DISTRICT MONEY. The district may acquire, |
|
hold, use, and dispose of its receipts and money from any source. |
|
(Acts 66th Leg., R.S., Ch. 435, Sec. 9(d) (part).) |
|
Sec.6906.152.AUTHORITY TO BORROW MONEY AND ISSUE BONDS. |
|
The district, in the manner and to the extent permitted by this |
|
chapter, may: |
|
(1) borrow money for any of its corporate purposes; |
|
(2) enter into agreements in connection with the |
|
borrowing; |
|
(3) issue its bonds for money borrowed; |
|
(4) provide for and secure the payment of its bonds; |
|
and |
|
(5) provide for the rights of the holders of its bonds. |
|
(Acts 66th Leg., R.S., Ch. 435, Sec. 9(i).) |
|
Sec.6906.153.DEPOSITORY. (a) The board shall designate |
|
one or more banks or savings and loan associations inside or outside |
|
the district to serve as the depository for the district's money. |
|
(b) All of the district's money shall be deposited in the |
|
depository designated by the board, except that: |
|
(1) bond proceeds and money pledged to pay bonds, to |
|
the extent provided in a resolution or trust indenture authorizing |
|
or securing district bonds, may be deposited with another bank or |
|
trustee named in the bond resolution or trust indenture; and |
|
(2) money shall be remitted to each paying agent for |
|
the payment of principal of and interest on the bonds. |
|
(c) To the extent that money in a depository bank or trustee |
|
bank is not insured by the Federal Deposit Insurance Corporation, |
|
the money must be secured in the manner provided by law for the |
|
security of county funds in this state. (Acts 66th Leg., R.S., Ch. |
|
435, Secs. 9(d) (part), 21 (part).) |
|
Sec.6906.154.INVESTMENT OF DISTRICT MONEY. The board may |
|
invest district money in obligations and make time deposits of |
|
district money in a manner determined by the board or in the manner |
|
permitted or required in a resolution or trust indenture |
|
authorizing or securing district bonds. (Acts 66th Leg., R.S., Ch. |
|
435, Sec. 21 (part).) |
|
Sec. 6906.155. DISTRICT FACILITIES EXEMPT FROM TAXATION AND |
|
ASSESSMENT. The district is not required to pay a tax or assessment |
|
on its facilities or any part of its facilities. (Acts 66th Leg., |
|
R.S., Ch. 435, Sec. 23 (part).) |
|
[Sections 6906.156-6906.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.6906.201.AUTHORITY TO ISSUE BONDS. (a) The district |
|
may issue bonds payable from and secured by district revenue to |
|
carry out any purpose or power conferred on the district by this |
|
chapter. The bonds must be authorized by a board resolution. |
|
(b) The bonds must be issued in the manner and under the |
|
terms of the resolution authorizing the issuance of the bonds. |
|
(Acts 66th Leg., R.S., Ch. 435, Secs. 16(a) (part), (b) (part), |
|
(c).) |
|
Sec.6906.202.FORM OF BONDS. District bonds must be: |
|
(1) issued in the district's name; |
|
(2) signed by the president or vice president; and |
|
(3) attested by the secretary. (Acts 66th Leg., R.S., |
|
Ch. 435, Sec. 16(b) (part).) |
|
Sec.6906.203.MATURITY. District bonds must mature not |
|
later than 40 years after the date of their issuance. (Acts 66th |
|
Leg., R.S., Ch. 435, Sec. 16(b) (part).) |
|
Sec.6906.204.BONDS SECURED BY REVENUE; ADDITIONAL BONDS. |
|
(a) District bonds may be secured by a pledge of all or part of the |
|
district's revenue, or by all or part of the payments or rentals |
|
under one or more contracts or leases specified by board resolution |
|
or a trust indenture securing the bonds. |
|
(b) A resolution authorizing the issuance of bonds secured |
|
by a pledge of revenue of all or part of the district's facilities |
|
may provide that the district shall first pay the expenses of |
|
operating and maintaining all or part of the facilities as the board |
|
considers appropriate before paying the principal of and interest |
|
on the bonds. |
|
(c) A resolution authorizing the issuance of bonds secured |
|
by revenue, contract payments, or lease rentals may reserve to the |
|
district the right, under conditions specified by the resolution, |
|
to issue additional bonds that will be on a parity with, superior |
|
to, or subordinate to the bonds then being issued. (Acts 66th Leg., |
|
R.S., Ch. 435, Sec. 16(d).) |
|
Sec.6906.205.ADDITIONAL SECURITY. (a) District bonds |
|
may be additionally secured, at the discretion of the board, by a |
|
deed of trust or mortgage lien on all or part of the district's |
|
physical property, facilities, easements, franchises, water rights |
|
and appropriation permits, leases, contracts, and all rights |
|
appurtenant to the property, vesting in the trustee power to: |
|
(1) sell the property for the payment of the debt; |
|
(2) operate the property; and |
|
(3) take other action to further secure the bonds. |
|
(b) A purchaser under a sale under the deed of trust lien, if |
|
one is given: |
|
(1) is the absolute owner of the property, facilities, |
|
and rights purchased; and |
|
(2) is entitled to maintain and operate the property, |
|
facilities, and rights. (Acts 66th Leg., R.S., Ch. 435, Sec. 18 |
|
(part).) |
|
Sec.6906.206.TRUST INDENTURE. (a) District bonds, |
|
including refunding bonds, may be additionally secured by a trust |
|
indenture. The trustee may be a bank with trust powers located |
|
inside or outside the state. |
|
(b) A trust indenture, regardless of the existence of a deed |
|
of trust or mortgage lien on the property, may: |
|
(1) provide for the security of the bonds and the |
|
preservation of the trust estate in the manner prescribed by the |
|
board; |
|
(2) provide for amendment or modification of the trust |
|
indenture; |
|
(3) provide for the issuance of bonds to replace lost |
|
or mutilated bonds; |
|
(4) condition the right to spend district money or |
|
sell district property on the approval of a licensed engineer |
|
selected as provided by the trust indenture; and |
|
(5) provide for the investment of district money. |
|
(Acts 66th Leg., R.S., Ch. 435, Sec. 18 (part).) |
|
Sec.6906.207.CHARGES FOR DISTRICT SERVICES. If district |
|
bonds payable wholly from revenue are issued, the board shall set |
|
and revise the rates, fees, and charges assessed for water sold and |
|
waste collection and treatment services provided by the district. |
|
The rates, fees, and charges must be sufficient to: |
|
(1) pay the expense of operating and maintaining the |
|
district facilities that generate the revenue from which the bonds |
|
will be paid; |
|
(2) pay the principal of and interest on the bonds when due; |
|
and |
|
(3) maintain the reserve fund and other funds as provided in |
|
the resolution authorizing the bonds. (Acts 66th Leg., R.S., Ch. |
|
435, Sec. 16(e) (part).) |
|
Sec. 6906.208. STATE PLEDGE REGARDING RIGHTS AND REMEDIES |
|
OF BONDHOLDERS. Without depriving this state of its power to |
|
regulate and control the rates, fees, and charges assessed for |
|
water sold and waste collection and treatment services provided by |
|
the district, the state pledges to and agrees with the holders of |
|
district bonds that the state will not exercise its power to |
|
regulate and control the rates, fees, and charges in any way that |
|
would impair the rights or remedies of the holders of the bonds. |
|
(Acts 66th Leg., R.S., Ch. 435, Sec. 16(e) (part).) |
|
Sec.6906.209.USE OF BOND PROCEEDS. (a) The district may |
|
set aside an amount of proceeds from the sale of district bonds for: |
|
(1) the payment of interest expected to accrue during |
|
construction not to exceed three years; |
|
(2) a debt service reserve fund; and |
|
(3) other funds as may be provided in the resolution |
|
authorizing the bonds or in the trust indenture. |
|
(b) The district may use proceeds from the sale of the bonds |
|
to pay any expense necessarily incurred in accomplishing the |
|
purpose of the district, including any expense of issuing and |
|
selling the bonds. (Acts 66th Leg., R.S., Ch. 435, Sec. 16(f).) |
|
Sec.6906.210.APPOINTMENT OF RECEIVER. (a) On default or |
|
threatened default in the payment of the principal of or interest on |
|
district bonds that are payable wholly or partly from revenue, a |
|
court may, on petition of the holders of outstanding bonds, appoint |
|
a receiver for the district. |
|
(b) The receiver may collect and receive all district |
|
income, employ and discharge district agents and employees, take |
|
charge of money on hand, and manage the proprietary affairs of the |
|
district without consent or hindrance by the board. |
|
(c) The receiver may be authorized to sell or contract for |
|
the sale of water or the collection, processing, or disposal of |
|
waste or to renew contracts with the approval of the court that |
|
appointed the receiver. |
|
(d) The court may vest the receiver with any other power or |
|
duty the court finds necessary to protect the bondholders. (Acts |
|
66th Leg., R.S., Ch. 435, Sec. 16(g) (part).) |
|
Sec.6906.211.REFUNDING BONDS. (a) The district may issue |
|
refunding bonds to refund outstanding district bonds and interest |
|
on those bonds. |
|
(b) Refunding bonds may: |
|
(1) be issued to refund bonds of more than one series; |
|
(2) combine the pledges for the outstanding bonds for |
|
the security of the refunding bonds; or |
|
(3) be secured by a pledge of other or additional |
|
revenue or mortgage liens. |
|
(c) The provisions of this subchapter regarding the |
|
issuance of other bonds, their security, and the remedies of the |
|
holders apply to refunding bonds. |
|
(d) The comptroller shall register the refunding bonds on |
|
the surrender and cancellation of the bonds to be refunded. |
|
(e) Instead of issuing bonds to be registered on the |
|
surrender and cancellation of the bonds to be refunded, the |
|
district, in the resolution authorizing the issuance of the |
|
refunding bonds, may provide for the sale of the refunding bonds and |
|
the deposit of the proceeds in a bank at which the bonds to be |
|
refunded are payable. In that case, the refunding bonds may be |
|
issued in an amount sufficient to pay the principal of and interest |
|
and any required redemption premium on the bonds to be refunded to |
|
any redemption date or to their maturity date, and the comptroller |
|
shall register the refunding bonds without the surrender and |
|
cancellation of the bonds to be refunded. |
|
(f) The district may also issue refunding bonds under any |
|
other applicable law. (Acts 66th Leg., R.S., Ch. 435, Sec. 17.) |
|
Sec.6906.212.OTHER REMEDIES AND COVENANTS. The |
|
resolution authorizing the issuance of any district bonds, |
|
including refunding bonds, or the trust indenture securing the |
|
bonds, may provide other remedies and covenants the board considers |
|
necessary to issue the bonds on the most favorable terms. (Acts |
|
66th Leg., R.S., Ch. 435, Sec. 16(h).) |
|
Sec.6906.213.LIMITATION ON RIGHTS OF BONDHOLDERS. The |
|
resolution authorizing the bonds or the trust indenture securing |
|
the bonds may limit or qualify the rights of the holders of less |
|
than all of the outstanding bonds payable from the same source to |
|
institute or prosecute litigation affecting the district's |
|
property or income. (Acts 66th Leg., R.S., Ch. 435, Sec. 16(g) |
|
(part).) |
|
Sec.6906.214.BONDS EXEMPT FROM TAXATION. A district |
|
bond, the transfer of the bond, and the income from the bond, |
|
including profits made on the sale of the bond, are exempt from |
|
taxation in this state. (Acts 66th Leg., R.S., Ch. 435, Sec. 23 |
|
(part).) |
|
SECTION 1.07. Subtitle C, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapters 7207 and 7208 to read as |
|
follows: |
|
CHAPTER 7207. TARKINGTON SPECIAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7207.001. DEFINITIONS |
|
Sec. 7207.002. NATURE OF DISTRICT |
|
Sec. 7207.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 7207.004. DISTRICT TERRITORY |
|
[Sections 7207.005-7207.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7207.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 7207.052. DIRECTORS' ELECTION |
|
[Sections 7207.053-7207.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7207.101. SPECIAL UTILITY DISTRICT POWERS |
|
Sec. 7207.102. GENERAL CONTRACT POWERS |
|
Sec. 7207.103. WATER RIGHTS |
|
Sec. 7207.104. WATER OR SEWER SYSTEM ACQUISITION OR |
|
CONSTRUCTION |
|
Sec. 7207.105. STANDARD SPECIFICATIONS FOR FACILITIES |
|
Sec. 7207.106. REVENUE BONDS |
|
CHAPTER 7207. TARKINGTON SPECIAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.7207.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Tarkington Special Utility |
|
District. (Acts 76th Leg., R.S., Ch. 1321, Sec. 2; New.) |
|
Sec.7207.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Liberty County created |
|
under Section 59, Article XVI, Texas Constitution, as a special |
|
utility district. (Acts 76th Leg., R.S., Ch. 1321, Secs. 1(a) |
|
(part), (b) (part), 11(a) (part).) |
|
Sec.7207.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property in the district will benefit |
|
from the works and projects to be accomplished by the district under |
|
the powers conferred by Section 59, Article XVI, Texas |
|
Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
76th Leg., R.S., Ch. 1321, Secs. 1(b) (part), 5.) |
|
Sec.7207.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3, Chapter 1321, |
|
Acts of the 76th Legislature, Regular Session, 1999, as that |
|
territory may have been modified under: |
|
(1) Subchapter J, Chapter 49, Water Code; |
|
(2) Subchapter H, Chapter 65, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; or |
|
(3) the legality or operation of the district or its |
|
board. (New; Acts 76th Leg., R.S., Ch. 1321, Sec. 4.) |
|
[Sections 7207.005-7207.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.7207.051.COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of seven directors. |
|
(b) Directors serve staggered terms of four years. (Acts |
|
76th Leg., R.S., Ch. 1321, Secs. 7(a), (d).) |
|
Sec.7207.052.DIRECTORS'ELECTION. (a) An election shall |
|
be held in the district to elect the appropriate number of directors |
|
to the board on the uniform election date in May of each |
|
even-numbered year. |
|
(b) The board may assign a position to each director's |
|
office. If positions are assigned, directors shall subsequently be |
|
elected by position and not at large. (Acts 76th Leg., R.S., Ch. |
|
1321, Sec. 10.) |
|
[Sections 7207.053-7207.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.7207.101.SPECIAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, functions, and duties |
|
provided by general law applicable to a special utility district |
|
created under Section 59, Article XVI, Texas Constitution, |
|
including those provided by Chapters 49 and 65, Water Code. (Acts |
|
76th Leg., R.S., Ch. 1321, Sec. 6(a) (part).) |
|
Sec.7207.102.GENERAL CONTRACT POWERS. The district may |
|
contract for: |
|
(1) purchasing or selling raw or treated water; |
|
(2) transporting, treating, or disposing of the |
|
district's domestic, industrial, or communal waste; |
|
(3) transporting, treating, or disposing of domestic, |
|
industrial, or communal waste of others as provided by Chapter 30, |
|
Water Code; |
|
(4) purchasing, leasing, using, managing, |
|
controlling, or operating a water treatment or distribution |
|
facility or a sewer collection and treatment facility, including |
|
all or part of a facility or system owned by another political |
|
subdivision; or |
|
(5) planning, surveying, investigating, or preparing |
|
a report of any kind. (Acts 76th Leg., R.S., Ch. 1321, Sec. 11(b).) |
|
Sec.7207.103.WATER RIGHTS. The district may acquire, |
|
develop, and use rights to groundwater or surface water. (Acts 76th |
|
Leg., R.S., Ch. 1321, Sec. 11(c).) |
|
Sec. 7207.104. WATER OR SEWER SYSTEM ACQUISITION OR |
|
CONSTRUCTION. (a) In this section, "system" means a water system, |
|
sewer system, or water and sewer system. |
|
(b) The district may: |
|
(1) acquire a system that serves all or part of the |
|
territory located inside or outside the district; |
|
(2) construct a system; or |
|
(3) improve or extend a system the district acquires. |
|
(c) A construction contract is governed by the competitive |
|
bidding requirements of the Water Code. |
|
(d) An existing contract for the acquisition of a water or |
|
sewer facility may be made on terms agreed to by the parties. (Acts |
|
76th Leg., R.S., Ch. 1321, Sec. 13.) |
|
Sec.7207.105.STANDARD SPECIFICATIONS FOR FACILITIES. (a) |
|
The district by rule may establish standard specifications for |
|
facilities designed or constructed to: |
|
(1) store, treat, or transport water for domestic, |
|
municipal, or industrial purposes; |
|
(2) collect, treat, and dispose of sewage; or |
|
(3) dispose of solid waste. |
|
(b) The board shall hold a public hearing on the adoption of |
|
standards for district facilities. The board shall give notice of |
|
the hearing to the Texas Commission on Environmental Quality and |
|
shall publish notice of the hearing in a newspaper with general |
|
circulation in the district not later than the 10th day before the |
|
date set for the hearing. |
|
(c) An appeal of an order adopting standard specifications |
|
may be made to a district court of Liberty County. The substantial |
|
evidence rule applies to the appeal. |
|
(d) The district may seek an injunction against the |
|
construction of, addition to, or operation of a facility in the |
|
district's jurisdiction if the construction, addition, or |
|
operation does not comply with the district's standard |
|
specifications. |
|
(e) A specification adopted under this section does not |
|
apply inside the boundaries or extraterritorial jurisdiction of a |
|
municipality unless the governing body of the municipality by |
|
resolution gives its approval. |
|
(f) The district shall file the standard specifications |
|
with the Texas Commission on Environmental Quality. (Acts 76th |
|
Leg., R.S., Ch. 1321, Sec. 12.) |
|
Sec.7207.106.REVENUE BONDS. (a) The district may issue |
|
bonds to provide for improvements and the maintenance of those |
|
improvements necessary to achieve the purposes of Section 59, |
|
Article XVI, Texas Constitution. |
|
(b) The district shall provide for the payment of the bonds |
|
solely through revenue collected to pay the bonds as authorized by |
|
Chapter 65, Water Code. (Acts 76th Leg., R.S., Ch. 1321, Sec. 11(a) |
|
(part).) |
|
CHAPTER 7208. PARKER COUNTY UTILITY DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7208.001. DEFINITIONS |
|
Sec. 7208.002. NATURE OF DISTRICT |
|
Sec. 7208.003. PURPOSE |
|
Sec. 7208.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 7208.005. DISTRICT TERRITORY |
|
Sec. 7208.006. EXISTING OBLIGATIONS AND RIGHTS OF |
|
OTHER ENTITIES PRESERVED |
|
[Sections 7208.007-7208.050 reserved for expansion] |
|
SUBCHAPTER B. ADDING TERRITORY OR NEW MEMBER ENTITIES |
|
Sec. 7208.051. ADDING TERRITORY OF MEMBER ENTITIES |
|
Sec. 7208.052. ADDING NEW MEMBER ENTITIES |
|
Sec. 7208.053. APPOINTMENT OF DIRECTORS BY NEW MEMBER |
|
ENTITY |
|
[Sections 7208.054-7208.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec. 7208.101. GOVERNING BODY |
|
Sec. 7208.102. TERMS |
|
Sec. 7208.103. APPOINTMENT OF DIRECTORS |
|
Sec. 7208.104. QUALIFICATIONS FOR OFFICE |
|
Sec. 7208.105. EX OFFICIO DIRECTORS |
|
Sec. 7208.106. VACANCY |
|
Sec. 7208.107. REMOVAL FROM OFFICE |
|
Sec. 7208.108. COMPENSATION; EXPENSES |
|
Sec. 7208.109. OFFICERS |
|
Sec. 7208.110. MEETINGS |
|
Sec. 7208.111. QUORUM |
|
Sec. 7208.112. VOTING REQUIREMENTS |
|
Sec. 7208.113. CONFLICT OF INTEREST |
|
Sec. 7208.114. DISTRICT EMPLOYEES |
|
Sec. 7208.115. BYLAWS |
|
Sec. 7208.116. CUSTOMER ADVISORY COUNCIL |
|
[Sections 7208.117-7208.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec. 7208.151. GENERAL POWERS AND DUTIES OF DISTRICT |
|
Sec. 7208.152. RULES |
|
Sec. 7208.153. RULES RELATING TO WATER QUALITY |
|
Sec. 7208.154. GENERAL WASTE AND WATER POWERS |
|
Sec. 7208.155. PERMITS |
|
Sec. 7208.156. GENERAL CONTRACTING AUTHORITY |
|
Sec. 7208.157. CONTRACTS WITH DISTRICT FOR WASTEWATER |
|
AND OTHER UTILITY SERVICES |
|
Sec. 7208.158. AUTHORITY OF OTHER ENTITIES TO CONTRACT |
|
WITH DISTRICT |
|
Sec. 7208.159. JOINT AGREEMENTS |
|
Sec. 7208.160. WASTEWATER AND OTHER NECESSARY |
|
UTILITIES AND SERVICES |
|
Sec. 7208.161. CONSTRUCTION OR ACQUISITION OF WORKS |
|
AND FACILITIES |
|
Sec. 7208.162. WASTE DISPOSAL SYSTEMS |
|
Sec. 7208.163. SERVICES PROVIDED OUTSIDE SERVICE AREA |
|
Sec. 7208.164. RIGHT OF EMINENT DOMAIN |
|
Sec. 7208.165. COSTS OF RELOCATING OR ALTERING |
|
PROPERTY |
|
Sec. 7208.166. REGULATORY POWER OF MUNICIPALITIES |
|
Sec. 7208.167. STATE SUPERVISION |
|
Sec. 7208.168. RIGHTS AND DUTIES ASSUMED ON CREATION |
|
OF DISTRICT |
|
[Sections 7208.169-7208.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7208.201. AUDITS |
|
Sec. 7208.202. DEPOSITORY |
|
Sec. 7208.203. INVESTMENT OF DISTRICT MONEY |
|
Sec. 7208.204. RATES, FEES, CHARGES, AND RENTALS |
|
Sec. 7208.205. ADMINISTRATION AND PLANNING COSTS FEE |
|
Sec. 7208.206. IMPOSITION OF AD VALOREM TAXES |
|
PROHIBITED |
|
Sec. 7208.207. DISTRICT PROPERTY AND PROJECTS EXEMPT |
|
FROM TAXATION AND ASSESSMENT |
|
[Sections 7208.208-7208.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 7208.251. AUTHORITY TO ISSUE BONDS |
|
Sec. 7208.252. ELECTION NOT REQUIRED |
|
Sec. 7208.253. BONDS EXEMPT FROM TAXATION |
|
Sec. 7208.254. PAYMENT AND SECURITY |
|
Sec. 7208.255. MATURITY |
|
Sec. 7208.256. INTEREST RATE |
|
Sec. 7208.257. ADDITIONAL BONDS |
|
Sec. 7208.258. USE OF BOND PROCEEDS |
|
Sec. 7208.259. NEGOTIABLE INSTRUMENTS |
|
CHAPTER 7208. PARKER COUNTY UTILITY DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.7208.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Bond" means any interest-bearing obligation, |
|
including a bond, note, debenture, certificate, warrant, security, |
|
interim certificate or receipt, or other evidence of debt issued by |
|
the district, whether general or special, negotiable or |
|
nonnegotiable in form, in bearer or registered form, temporary or |
|
permanent in form, or with or without interest coupons. |
|
(3) "Customer" means a wholesale user of wastewater or |
|
other services provided by the district. |
|
(4) "Director" means a member of the board. |
|
(5) "District" means the Parker County Utility |
|
District No. 1. |
|
(6) "Local government" means a municipality, a county, |
|
or an entity created under Section 52, Article III, or Section 59, |
|
Article XVI, Texas Constitution. |
|
(7) "Member entity" means a public entity or private |
|
utility entity that: |
|
(A) provides retail utility service or regulates |
|
water, wastewater, sewage, or solid waste in the district; and |
|
(B) enters into a contract with the district for |
|
service. |
|
(8) "Participant entity" means a public entity or |
|
private utility entity that: |
|
(A) provides utility service inside the |
|
boundaries of the entity; and |
|
(B) contracts with the district for the |
|
construction of and payment for wastewater or other utility service |
|
projects to be financed or provided by the district. |
|
(9) "Service area" means the territory inside the |
|
district and inside the corporate limits or defined boundaries of |
|
all member entities, participant entities, and customers of the |
|
district, including the areas served by the member entities, |
|
participant entities, and customers. (Acts 75th Leg., R.S., Ch. |
|
1273, Secs. 1.02(1), (2), (3), (4), (5), (6), (7), (8), (10).) |
|
Sec.7208.002.NATURE OF DISTRICT. The district is a |
|
regional wastewater district created under Section 59, Article XVI, |
|
Texas Constitution, and is essential to accomplish the purposes of |
|
that provision. (Acts 75th Leg., R.S., Ch. 1273, Sec. 1.01.) |
|
Sec.7208.003.PURPOSE. The district is created to: |
|
(1) purchase, own, hold, lease, or otherwise acquire |
|
wastewater collection facilities; |
|
(2) build, operate, and maintain facilities to treat |
|
and transport wastewater; |
|
(3) protect, preserve, and restore the purity and |
|
sanitary condition of water in the district; and |
|
(4) provide other utilities in the district if the |
|
utilities are not otherwise provided. (Acts 75th Leg., R.S., Ch. |
|
1273, Sec. 1.03.) |
|
Sec.7208.004.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
All land and other property included in the district will benefit |
|
from the improvements, works, and projects that are to be |
|
accomplished by the district under the powers conferred by this |
|
chapter and Section 59, Article XVI, Texas Constitution. |
|
(b) The district benefits the state by: |
|
(1) contributing to economic development and |
|
diversification; |
|
(2) decreasing the rates of unemployment and |
|
underemployment; |
|
(3) stimulating agricultural innovation; |
|
(4) fostering enterprise growth based on agriculture; |
|
and |
|
(5) contributing to the development or expansion of |
|
transportation and commerce. |
|
(c) The accomplishment of the purposes of the district |
|
benefits the people, property, and industry of the state. The |
|
district is performing an essential public function under the Texas |
|
Constitution by accomplishing the purposes of the district. (Acts |
|
75th Leg., R.S., Ch. 1273, Secs. 1.06, 1.07, 4.03 (part).) |
|
Sec.7208.005.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 1.04, Chapter 1273, |
|
Acts of the 75th Legislature, Regular Session, 1997, as that |
|
territory may have been modified under: |
|
(1) Subchapter B or its predecessor statutes, Sections |
|
2.17 and 6.01, Chapter 1273, Acts of the 75th Legislature, Regular |
|
Session, 1997; |
|
(2) Subchapter J, Chapter 49, Water Code; |
|
(3) Subchapter H, Chapter 54, Water Code; |
|
(4) Subchapter H, Chapter 65, Water Code; or |
|
(5) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; or |
|
(2) the legality or operation of the district or its |
|
board. (Acts 75th Leg., R.S., Ch. 1273, Sec. 1.05; New.) |
|
Sec. 7208.006. EXISTING OBLIGATIONS AND RIGHTS OF OTHER |
|
ENTITIES PRESERVED. This chapter does not alter any existing |
|
permit, contract, or other obligation or impair the right of any |
|
entity to own, operate, maintain, or otherwise use, provide, or |
|
control water, wastewater, solid waste, or liquid waste under the |
|
entity's governing law. (Acts 75th Leg., R.S., Ch. 1273, Sec. |
|
3.02(e).) |
|
[Sections 7208.007-7208.050 reserved for expansion] |
|
SUBCHAPTER B. ADDING TERRITORY OR NEW MEMBER ENTITIES |
|
Sec.7208.051.ADDING TERRITORY OF MEMBER ENTITIES. On |
|
request by a member entity, the district boundaries may be expanded |
|
to include additional or the remaining territory of the member |
|
entity if: |
|
(1) the boundaries of the member entity are contiguous |
|
to the district boundaries; and |
|
(2) the requested expansion is approved by a |
|
three-fourths majority vote of the board. (Acts 75th Leg., R.S., |
|
Ch. 1273, Sec. 2.17.) |
|
Sec.7208.052.ADDING NEW MEMBER ENTITIES. (a) On receipt |
|
of a petition submitted by the governing body of a local government, |
|
another political subdivision, or a private entity, including a |
|
water supply corporation, the board may add a member entity to the |
|
district as provided by this section. |
|
(b) A petition must be submitted in the manner and form |
|
required by the district bylaws. |
|
(c) On receipt of a petition, the board shall give notice |
|
and hold a hearing on the petition to determine if adding the member |
|
entity to the district: |
|
(1) will benefit the territory or service area in the |
|
member entity; and |
|
(2) is in the best interests of the district. |
|
(d) If the board determines that the proposed member entity |
|
should be added to the district, the board shall issue an order: |
|
(1) adding the proposed member entity and its |
|
territory or service area to the district; |
|
(2) making the member entity and its territory or |
|
service area subject to the privileges, duties, assets, and |
|
financial obligations of the district in the same manner as other |
|
member entities; and |
|
(3) requiring the member entity to reimburse the |
|
existing member entities or directly reimburse the district an |
|
amount that is an equitable pro rata share of the costs paid by the |
|
existing member entities or the district in creating and operating |
|
the district. (Acts 75th Leg., R.S., Ch. 1273, Sec. 6.01.) |
|
Sec. 7208.053. APPOINTMENT OF DIRECTORS BY NEW MEMBER |
|
ENTITY. If the board issues an order under Section 7208.052(d) |
|
adding a member entity to the district, the governing body of the |
|
member entity shall appoint the appropriate number of directors to |
|
the board as provided by Section 7208.103. (Acts 75th Leg., R.S., |
|
Ch. 1273, Sec. 6.02.) |
|
[Sections 7208.054-7208.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec.7208.101.GOVERNING BODY. The district is governed by |
|
a board of directors. The board has exclusive authority to manage |
|
the district. (Acts 75th Leg., R.S., Ch. 1273, Secs. 2.01(a), |
|
2.07.) |
|
Sec.7208.102.TERMS. Directors serve staggered four-year |
|
terms beginning May 1 of the year in which the director is |
|
appointed. (Acts 75th Leg., R.S., Ch. 1273, Secs. 2.01(h) (part), |
|
(i) (part).) |
|
Sec.7208.103.APPOINTMENT OF DIRECTORS. (a) Not earlier |
|
than April 1 or later than April 30 of each year, the appropriate |
|
number of directors, if any, shall be appointed to the board as |
|
provided by Subsection (b). |
|
(b) Each member entity shall appoint: |
|
(1) one director if the number of member entities is at |
|
least six; |
|
(2) two directors if the number of member entities is |
|
at least three but less than six; |
|
(3) three directors if there are two member entities; |
|
or |
|
(4) six directors if there is one member entity. |
|
(c) A participant entity or customer may not appoint a |
|
director. |
|
(d) The appointment of a director is not valid unless the |
|
appointment is made as provided by this subchapter. (Acts 75th |
|
Leg., R.S., Ch. 1273, Secs. 2.01(f), (g), (l), (m).) |
|
Sec.7208.104.QUALIFICATIONS FOR OFFICE. A person is |
|
qualified to serve as a director if the person: |
|
(1) is at least 18 years of age; |
|
(2) is a qualified voter who resides in the district; |
|
(3) qualifies to serve as a director by taking the oath |
|
of office; |
|
(4) is eligible to serve as a director under |
|
Subchapter C, Chapter 49, Water Code, except as otherwise provided |
|
by this section; and |
|
(5) verifies compliance with the requirements of this |
|
section. (Acts 75th Leg., R.S., Ch. 1273, Sec. 2.03.) |
|
Sec.7208.105.EX OFFICIO DIRECTORS. (a) The county judge |
|
of Parker County, or a person designated by that judge, serves as an |
|
ex officio director. An ex officio director may vote on any matter |
|
considered by the board. |
|
(b) The board may appoint or elect other ex officio |
|
directors and provide for the powers and duties of ex officio |
|
directors in the bylaws or rules of the district. (Acts 75th Leg., |
|
R.S., Ch. 1273, Secs. 2.01(d), 2.06.) |
|
Sec.7208.106.VACANCY. (a) Any time after a board vacancy |
|
occurs, the governing body of the appropriate member entity shall |
|
fill the vacancy by appointment. |
|
(b) The member entity shall provide notice of the |
|
appointment to the board not later than six hours before the first |
|
board meeting following the appointment. |
|
(c) The appointment is effective on the date notice is |
|
received by the board. If the notice is not provided, the |
|
appointment is not effective until after the first board meeting |
|
following the appointment. (Acts 75th Leg., R.S., Ch. 1273, Sec. |
|
2.01(k).) |
|
Sec.7208.107.REMOVAL FROM OFFICE. A director may be |
|
removed for any reason: |
|
(1) by the governing body of the member entity that |
|
appointed the director; or |
|
(2) if three-fourths of the directors vote to remove |
|
the director. (Acts 75th Leg., R.S., Ch. 1273, Sec. 2.02.) |
|
Sec.7208.108.COMPENSATION; EXPENSES. (a) Except as |
|
provided by Subsection (b), a director may not receive compensation |
|
for serving on the board. |
|
(b) A director may receive reimbursement for travel or other |
|
expenses reasonably incurred by the director while acting on behalf |
|
of the district. The board may adopt reasonable policies governing |
|
the reimbursement of director expenses, including a requirement |
|
that the director provide written verification of expenses. (Acts |
|
75th Leg., R.S., Ch. 1273, Sec. 2.05.) |
|
Sec.7208.109.OFFICERS. (a) Each year at the first board |
|
meeting following the appointment of directors under Section |
|
7208.103, the board shall elect from its members a president, a vice |
|
president, a secretary, a treasurer, and any other officer the |
|
board determines is necessary. |
|
(b) The president is the chief executive officer of the |
|
district. |
|
(c) The vice president may perform the duties and exercise |
|
the powers of the president if the president is absent or fails, |
|
refuses, or is unable to act. |
|
(d) The board secretary or an assistant secretary: |
|
(1) shall keep a record of the minutes of board |
|
meetings; |
|
(2) shall maintain the official district records; and |
|
(3) may certify the accuracy and authenticity of any |
|
actions, proceedings, minutes, or records of the board or the |
|
district. |
|
(e) The board may provide for additional powers and duties |
|
of elected officers in the district bylaws. |
|
(f) Officers serve until the election of new officers. |
|
(Acts 75th Leg., R.S., Ch. 1273, Secs. 2.09(a) (part), (c), (d), |
|
2.10.) |
|
Sec.7208.110.MEETINGS. The board shall hold regular and, |
|
if necessary, special and emergency board meetings. The board shall |
|
hold board meetings at a time and place specified in the district |
|
bylaws. (Acts 75th Leg., R.S., Ch. 1273, Secs. 2.08(a) (part), |
|
(c).) |
|
Sec.7208.111.QUORUM. (a) A quorum of the directors is |
|
required to be present at a board meeting for the board to conduct |
|
district business. |
|
(b) The board shall specify in the district bylaws the |
|
number of directors that constitute a quorum. A quorum may not be |
|
less than a majority of the directors serving on the board. (Acts |
|
75th Leg., R.S., Ch. 1273, Sec. 2.14(a).) |
|
Sec.7208.112.VOTING REQUIREMENTS. (a) The board shall |
|
specify in the district bylaws the number of votes necessary to |
|
approve a matter considered by the board. The number of votes |
|
specified may not be less than a majority of the directors present |
|
at the meeting at which the matter is being considered. |
|
(b) A director, including the president, may vote on any |
|
matter considered by the board, including a matter authorizing a |
|
financial commitment to a capital project. This subsection applies |
|
even if the director was appointed by a member entity that is not |
|
participating in the project being considered by the board. (Acts |
|
75th Leg., R.S., Ch. 1273, Secs. 2.04, 2.14(b).) |
|
Sec.7208.113.CONFLICT OF INTEREST. District directors |
|
and officers are subject to Chapter 572, Government Code. (Acts |
|
75th Leg., R.S., Ch. 1273, Sec. 2.12.) |
|
Sec.7208.114.DISTRICT EMPLOYEES. The board may appoint |
|
and employ any person that the board determines is necessary to |
|
conduct the affairs of the district, including a general manager, |
|
engineer, attorney, financial advisor, accountant, or other |
|
consultant. (Acts 75th Leg., R.S., Ch. 1273, Sec. 2.11.) |
|
Sec.7208.115.BYLAWS. The board shall adopt bylaws to |
|
govern matters of the district. (Acts 75th Leg., R.S., Ch. 1273, |
|
Sec. 2.08(a) (part).) |
|
Sec.7208.116.CUSTOMER ADVISORY COUNCIL. (a) The board |
|
may establish a customer advisory council that consists of one |
|
representative of each customer of the district. |
|
(b) A representative serving on the customer advisory |
|
council: |
|
(1) has the powers and duties provided in the bylaws |
|
and rules of the district; and |
|
(2) may not vote on any matter considered by the board. |
|
(c) The board may abolish the customer advisory council. |
|
(Acts 75th Leg., R.S., Ch. 1273, Sec. 2.15.) |
|
[Sections 7208.117-7208.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec.7208.151.GENERAL POWERS AND DUTIES OF DISTRICT. |
|
Except as provided by Sections 7208.167 and 7208.206, the district |
|
has all the rights, powers, privileges, functions, and duties: |
|
(1) provided by general law, including Chapters 49, |
|
54, and 65, Water Code; and |
|
(2) conferred by Section 59, Article XVI, Texas |
|
Constitution. (Acts 75th Leg., R.S., Ch. 1273, Sec. 1.08(a) |
|
(part).) |
|
Sec.7208.152.RULES. The board may adopt and enforce |
|
reasonable rules to exercise the powers and perform the duties of |
|
the district as provided by this chapter. (Acts 75th Leg., R.S., |
|
Ch. 1273, Sec. 2.18.) |
|
Sec.7208.153.RULES RELATING TO WATER QUALITY. (a) The |
|
district may adopt and enforce rules relating to protection of the |
|
quality of water flowing to or from the areas in or surrounding a |
|
lake, reservoir, or other source of water supply owned, operated, |
|
or controlled by the district. |
|
(b) A rule adopted by the district under this section must: |
|
(1) relate to: |
|
(A) preventing waste or unauthorized use of water |
|
controlled by the district; or |
|
(B) regulating privileges on land, a reservoir, |
|
or an easement owned or controlled by the district; and |
|
(2) be consistent with rules of the state. (Acts 75th |
|
Leg., R.S., Ch. 1273, Sec. 3.09.) |
|
Sec.7208.154.GENERAL WASTE AND WATER POWERS. The |
|
district may: |
|
(1) provide for: |
|
(A) the collection, construction, improvement, |
|
maintenance, and operation of wholesale wastewater and water |
|
systems and treatment works necessary to provide wholesale service |
|
to customers; and |
|
(B) the acquisition, construction, improvement, |
|
and maintenance of a water supply or reservoir, or an interest in a |
|
water supply or reservoir, necessary to exercise and fulfill the |
|
powers and duties of the district; |
|
(2) supply water for municipal, domestic, and |
|
industrial or other beneficial uses or controls; |
|
(3) collect, treat, process, dispose of, and control |
|
all domestic or industrial wastes, whether in fluid, solid, or |
|
composite state; |
|
(4) gather, conduct, divert, control, and treat local |
|
storm water or local harmful excesses of water in the district; and |
|
(5) irrigate and alter land elevations in the district |
|
as needed. (Acts 75th Leg., R.S., Ch. 1273, Sec. 3.05.) |
|
Sec.7208.155.PERMITS. The district may acquire a water |
|
appropriation or other necessary permit from the state or a permit |
|
owner. (Acts 75th Leg., R.S., Ch. 1273, Sec. 3.12(c).) |
|
Sec.7208.156.GENERAL CONTRACTING AUTHORITY. (a) If |
|
necessary to exercise the powers and accomplish the purposes of the |
|
district, the district may contract with the United States, a |
|
municipality, a county, a water supply corporation, an entity |
|
created under Section 52, Article III, or Section 59, Article XVI, |
|
Texas Constitution, or another public or private entity. |
|
(b) The district may contract for the acquisition, rental, |
|
lease, or operation of wastewater or water facilities owned or |
|
operated by the party contracting with the district. |
|
(c) A contract that requires payment of money by the |
|
district may be satisfied from any general or specific source of |
|
district money as determined by the board. (Acts 75th Leg., R.S., |
|
Ch. 1273, Secs. 3.12(a), (b), (d).) |
|
Sec. 7208.157. CONTRACTS WITH DISTRICT FOR WASTEWATER AND |
|
OTHER UTILITY SERVICES. (a) Except as provided by Subsection (b), |
|
this chapter does not require a customer or prospective customer of |
|
the district to secure wastewater or other utility service from the |
|
district unless the customer or prospective customer contracts with |
|
the district for that purpose. |
|
(b) A customer or prospective customer is required to secure |
|
wastewater or other utility service from the district if: |
|
(1) the customer or prospective customer is not |
|
receiving the service from another source; and |
|
(2) the district provides the service or determines |
|
that the district will make the service available to the customer or |
|
prospective customer. |
|
(c) If a customer contracts with the district to secure |
|
wastewater or other utility service from the district, a user of the |
|
service under the contract must connect to the district's service |
|
system if: |
|
(1) the user is located inside the boundaries of the |
|
customer; and |
|
(2) the district's system is available for connection |
|
at or near the property line of the user. |
|
(d) A contract under this section may authorize the district |
|
to: |
|
(1) require the customer to terminate service provided |
|
to a user who fails or refuses to pay for that service after |
|
providing notice as required by law; |
|
(2) terminate service provided to a customer or user |
|
who fails or refuses to pay for that service after providing notice |
|
as required by law; and |
|
(3) terminate other utility services provided to a |
|
customer or user if the customer or user fails or refuses to pay for |
|
any service provided by the district after providing notice as |
|
required by law. (Acts 75th Leg., R.S., Ch. 1273, Secs. 3.02(a), |
|
(b), (c), (d).) |
|
Sec. 7208.158. AUTHORITY OF OTHER ENTITIES TO CONTRACT WITH |
|
DISTRICT. (a) A municipality, county, public agency, or political |
|
subdivision of the state, an entity created under Section 52, |
|
Article III, or Section 59, Article XVI, Texas Constitution, or a |
|
water supply corporation may contract with the district if the |
|
entity is conducting business wholly or partly inside the district. |
|
(b) The governing body of an entity that contracts with the |
|
district under this section may pledge to the payment of the |
|
contract any source of revenue available to the governing body, |
|
including revenue from ad valorem taxes. |
|
(c) If an entity under this section pledges to the payment |
|
of a contract money from the entity's water system, wastewater |
|
system, or combined water and wastewater system, the payments are |
|
an operating expense of that system. (Acts 75th Leg., R.S., Ch. |
|
1273, Sec. 3.13.) |
|
Sec.7208.159.JOINT AGREEMENTS. To accomplish the |
|
objectives and exercise the powers of the district, the district |
|
may enter into a joint agreement or contract with a water supply |
|
corporation, a municipality, an entity created under Section 52, |
|
Article III, or Section 59, Article XVI, Texas Constitution, a |
|
county, a political subdivision of the state, the state, or another |
|
private or public entity. (Acts 75th Leg., R.S., Ch. 1273, Sec. |
|
3.15 (part).) |
|
Sec. 7208.160. WASTEWATER AND OTHER NECESSARY UTILITIES AND |
|
SERVICES. (a) The district may provide wastewater collection, |
|
treatment, or service in the district. |
|
(b) The district may own, operate, and provide other |
|
necessary utilities and services in the district, including raw |
|
water, potable water, water distribution and treatment, solid waste |
|
collection and disposal, fire, police, and ambulance services, if: |
|
(1) the right to own, operate, or provide the utility |
|
or service has not been conveyed to another entity; or |
|
(2) the entity to which the right has been conveyed |
|
agrees to sell, cede, or otherwise convey to the district the right |
|
to own, operate, or provide the utility or service. |
|
(c) Subsection (b) does not require the district to own, |
|
operate, or provide other necessary utilities or services in the |
|
district unless the district is required to own, operate, or |
|
provide the utility or service under a permit, certificate, or |
|
license issued by the state. (Acts 75th Leg., R.S., Ch. 1273, Sec. |
|
3.01.) |
|
Sec. 7208.161. CONSTRUCTION OR ACQUISITION OF WORKS AND |
|
FACILITIES. The district may plan, lay out, construct, acquire, |
|
own, operate, maintain, repair, improve, or contract for, inside or |
|
outside the district, any works, improvements, facilities, plants, |
|
equipment, and appliances, including any administrative property |
|
and facilities, any permits, franchises, licenses, or contract or |
|
property rights, and any levees, drains, waterways, lakes, |
|
reservoirs, channels, conduits, sewers, dams, storm water |
|
detention facilities, treatment plants, or other similar |
|
facilities and improvements, whether for municipal, industrial, |
|
agricultural, flood control, or related purposes, that are |
|
necessary, helpful, or incidental to the exercise of any right, |
|
power, privilege, or function provided by this chapter. (Acts 75th |
|
Leg., R.S., Ch. 1273, Sec. 3.03.) |
|
Sec.7208.162.WASTE DISPOSAL SYSTEMS. (a) The district |
|
may establish, acquire, operate, or maintain a regional solid waste |
|
disposal system or a nonhazardous liquid waste disposal system. |
|
(b) If the district establishes a disposal system under |
|
this section, the district shall provide services from the system |
|
to: |
|
(1) users as determined by the board if the services |
|
are provided inside the district's service area; and |
|
(2) customers if the services are provided outside the |
|
district's service area. (Acts 75th Leg., R.S., Ch. 1273, Sec. |
|
3.08.) |
|
Sec.7208.163.SERVICES PROVIDED OUTSIDE SERVICE AREA. The |
|
district may provide services outside the district's service area |
|
as provided by state law. (Acts 75th Leg., R.S., Ch. 1273, Sec. |
|
3.07.) |
|
Sec.7208.164.RIGHT OFEMINENT DOMAIN. (a) The district |
|
may acquire by eminent domain land, an easement, a right-of-way, or |
|
other property or improvement inside or outside the district if |
|
necessary or appropriate in exercising the powers and performing |
|
the functions of the district. |
|
(b) The district may exercise the power of eminent domain as |
|
provided by state law, including Chapter 21, Property Code, except |
|
that the district is not required to comply with Section 21.021(a), |
|
Property Code, during the pendency of the subject litigation. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or give bond or other security for |
|
costs; |
|
(2) give bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) give bond for costs or supersedeas on an appeal or |
|
writ of error. |
|
(d) The district may not exercise the power of eminent |
|
domain to acquire: |
|
(1) property located in the existing corporate limits |
|
of a municipality that is located wholly or partly inside the |
|
district unless the governing body of the municipality in which the |
|
property is located consents by resolution to the acquisition of |
|
the property; |
|
(2) property located outside the district to be used |
|
as a water supply reservoir unless the county in which the reservoir |
|
is to be located consents; |
|
(3) property owned by a county, a municipality, an |
|
entity created by special act of the legislature under Section 52, |
|
Article III, or Section 59, Article XVI, Texas Constitution, a |
|
political subdivision of the state, or an agency or instrumentality |
|
of a county or municipality; or |
|
(4) a waterworks system or a wastewater system owned |
|
by a municipality, an entity created by special act of the |
|
legislature under Section 52, Article III, or Section 59, Article |
|
XVI, Texas Constitution, a political subdivision of the state, a |
|
private party, or a nonprofit corporation. (Acts 75th Leg., R.S., |
|
Ch. 1273, Secs. 3.06(a), (b), (c), (d).) |
|
Sec.7208.165.COSTS OF RELOCATING OR ALTERING PROPERTY. |
|
If the district exercises the power of eminent domain and requires |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of any railroad, highway, pipeline, or |
|
electric transmission and electric distribution, telegraph, or |
|
telephone lines, conduits, poles, or facilities, the district shall |
|
pay the cost of relocating, raising, lowering, rerouting, changing |
|
the grade, or altering the construction that equals the comparable |
|
replacement cost without enhancement of facilities minus the net |
|
salvage value derived from the old facility. (Acts 75th Leg., R.S., |
|
Ch. 1273, Sec. 3.06(e).) |
|
Sec.7208.166.REGULATORY POWER OF MUNICIPALITIES. The |
|
district and the land in the district are subject to any ordinance, |
|
code, resolution, or rule, including any platting or zoning |
|
requirement, of a municipality that has jurisdiction over territory |
|
in the district. (Acts 75th Leg., R.S., Ch. 1273, Sec. 3.11.) |
|
Sec.7208.167.STATE SUPERVISION. (a) The rights, powers, |
|
privileges, functions, and duties of the district are subject to |
|
the continuing right of supervision by this state exercised by the |
|
Texas Commission on Environmental Quality. |
|
(b) Except as otherwise provided by this chapter or other |
|
law, the district may exercise the rights, powers, privileges, |
|
functions, and duties conferred by this chapter without obtaining |
|
approval from the Texas Commission on Environmental Quality. (Acts |
|
75th Leg., R.S., Ch. 1273, Sec. 1.08(c).) |
|
Sec. 7208.168. RIGHTS AND DUTIES ASSUMED ON CREATION OF |
|
DISTRICT. The district may succeed to and assume the rights, |
|
privileges, and duties, including contractual obligations, of the |
|
Walnut Creek Special Utility District and the City of Springtown |
|
relating to the creation of the district. (Acts 75th Leg., R.S., |
|
Ch. 1273, Sec. 4.02(b).) |
|
[Sections 7208.169-7208.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec.7208.201.AUDITS. All funds and accounts of the |
|
district shall be audited by an independent auditor. The district |
|
shall maintain a copy of the audit in the district's official |
|
records. (Acts 75th Leg., R.S., Ch. 1273, Sec. 4.01.) |
|
Sec.7208.202.DEPOSITORY. The board, by order or |
|
resolution, shall designate one or more banks inside or outside the |
|
district to serve as depository for district money. Except as |
|
provided by this chapter, district money shall be deposited in a |
|
depository bank designated under this section. (Acts 75th Leg., |
|
R.S., Ch. 1273, Secs. 3.14(a), (b).) |
|
Sec.7208.203.INVESTMENT OF DISTRICT MONEY. The board may |
|
invest district money: |
|
(1) in the same manner as provided for the investment |
|
of county money; and |
|
(2) as provided by Chapter 2256, Government Code. |
|
(Acts 75th Leg., R.S., Ch. 1273, Sec. 3.14(c).) |
|
Sec.7208.204.RATES, FEES, CHARGES, AND RENTALS. (a) |
|
District rates, fees, and charges assessed to provide services and |
|
facilities to customers and users of the district may vary |
|
according to customer class, project, or service area to reflect |
|
different costs of providing service. |
|
(b) The district may require a customer to obtain a deposit |
|
from a user for services or facilities provided by the district. A |
|
deposit under this subsection may bear interest. |
|
(c) If the district issues bonds payable wholly from |
|
revenue, the board shall establish and revise rates of compensation |
|
for water sold and wastewater or other services rendered by the |
|
district that are sufficient: |
|
(1) to pay operating and maintenance expenses of |
|
district facilities; |
|
(2) to pay the issued bonds as the bonds mature and the |
|
interest that accrues on the bonds; |
|
(3) to maintain the district's fund reserve; and |
|
(4) to maintain other funds of the district provided |
|
by the resolution that authorized the issuance of the bonds. |
|
(d) A local government, water supply corporation, or other |
|
entity that contracts with the district may: |
|
(1) establish, charge, and collect fees, rates, |
|
charges, rentals, or other amounts for services or facilities |
|
provided under the contract; and |
|
(2) pledge amounts that are sufficient to make the |
|
required payments under the contract. (Acts 75th Leg., R.S., Ch. |
|
1273, Secs. 3.10(a) (part), (b), (c), (d).) |
|
Sec.7208.205.ADMINISTRATION AND PLANNING COSTS FEE. (a) |
|
The district may charge each member entity an annual pro rata fee to |
|
pay for administration and planning costs incurred by the district |
|
that are unrelated to capital projects financed by the district. |
|
(b) The fee may not exceed $2 per capita population of the |
|
member entity unless the board and at least 75 percent of the member |
|
entities of the district that together have at least 75 percent of |
|
the population of the district agree to a different fee. (Acts 75th |
|
Leg., R.S., Ch. 1273, Sec. 2.16.) |
|
Sec. 7208.206. IMPOSITION OF AD VALOREM TAXES |
|
PROHIBITED. The district may not impose an ad valorem tax. (Acts |
|
75th Leg., R.S., Ch. 1273, Sec. 1.08(b).) |
|
Sec. 7208.207. DISTRICT PROPERTY AND PROJECTS EXEMPT FROM |
|
TAXATION AND ASSESSMENT. The district is not required to pay a tax |
|
or assessment on any property or project owned, operated, leased, |
|
or controlled by the district. (Acts 75th Leg., R.S., Ch. 1273, |
|
Sec. 4.03 (part).) |
|
[Sections 7208.208-7208.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec.7208.251.AUTHORITY TO ISSUE BONDS. The district may |
|
issue bonds as provided by Chapters 1201 and 1371, Government Code, |
|
to provide money for the district to exercise its powers and carry |
|
out its purposes. (Acts 75th Leg., R.S., Ch. 1273, Secs. 5.01(a), |
|
5.06(b).) |
|
Sec.7208.252.ELECTION NOT REQUIRED. The district may |
|
issue bonds without holding an election. (Acts 75th Leg., R.S., Ch. |
|
1273, Sec. 5.01(b).) |
|
Sec.7208.253.BONDS EXEMPT FROM TAXATION. Bonds issued by |
|
the district, the transfer of the bonds, and income from those |
|
bonds, including profits made on the sale of the bonds, are exempt |
|
from taxation in this state. (Acts 75th Leg., R.S., Ch. 1273, Sec. |
|
4.03 (part).) |
|
Sec.7208.254.PAYMENT AND SECURITY. (a) District bonds |
|
may be: |
|
(1) made payable from all or part of the revenue of the |
|
district derived from any lawful source, including revenue derived |
|
from a contract with a customer or other user of facilities owned or |
|
operated by the district or from the ownership and operation of any |
|
waterworks system, wastewater system, sewer system, solid waste |
|
disposal system, or nonhazardous liquid waste system, or a |
|
combination of those systems; and |
|
(2) paid from and secured by liens on the pledges of |
|
all or part of the revenue, income, or receipts derived from the |
|
district's ownership, operation, lease, or sale of the property, |
|
buildings, structures, or facilities, including the proceeds or |
|
revenue from contracts with any person. |
|
(b) District bonds may be additionally secured by a mortgage |
|
or deed of trust on real property owned or to be acquired by the |
|
district and by a chattel mortgage or lien on any personal property |
|
appurtenant to that real property. The board may authorize the |
|
execution of a trust indenture, mortgage, deed of trust, or other |
|
form of encumbrance. The district may also pledge to the payment of |
|
the bonds all or part of a grant, a donation, or revenue or income |
|
received or to be received from the United States or any public or |
|
private source. |
|
(c) The district may pledge all or part of the district's |
|
revenue, income, or receipts from fees, rentals, rates, charges, or |
|
contract proceeds or payments to the payment of district bonds, |
|
including the payment of principal, interest, and any other amount |
|
required or permitted relating to the bonds. The pledged fees, |
|
rentals, rates, charges, proceeds, or payments shall be established |
|
and collected in amounts sufficient, together with any other |
|
pledged resources, to provide for the payment of expenses relating |
|
to the bonds and for operation and maintenance and other expenses |
|
relating to those facilities. |
|
(d) For purposes of Subsections (a) and (c), payments and |
|
revenue pledged for the district's benefit under Sections |
|
7208.158(a) and (b) are district revenue. (Acts 75th Leg., R.S., |
|
Ch. 1273, Sec. 5.02.) |
|
Sec.7208.255.MATURITY. District bonds may not have a term |
|
that exceeds 40 years from the date of issuance. (Acts 75th Leg., |
|
R.S., Ch. 1273, Sec. 5.03 (part).) |
|
Sec.7208.256.INTEREST RATE. District bonds shall bear an |
|
interest rate as provided by the resolution that authorized the |
|
issuance of the bond. (Acts 75th Leg., R.S., Ch. 1273, Sec. 5.03 |
|
(part).) |
|
Sec.7208.257.ADDITIONAL BONDS. District bonds may |
|
provide for the subsequent issuance of additional parity bonds or |
|
subordinate lien bonds under terms provided in the resolution that |
|
authorized the issuance of the bond. (Acts 75th Leg., R.S., Ch. |
|
1273, Sec. 5.03 (part).) |
|
Sec.7208.258.USE OF BOND PROCEEDS. (a) If permitted in |
|
the resolution that authorized the issuance of the bond, the |
|
proceeds from the sale of the bond may be used: |
|
(1) to pay the interest on the bond during the period |
|
of acquisition or construction of facilities to be provided through |
|
the issuance of the bond; |
|
(2) to pay the operating and maintenance expenses of |
|
district facilities; |
|
(3) to create a reserve fund for the payment of the |
|
principal of and interest on the bond; and |
|
(4) in any other manner that is necessary, |
|
appropriate, or convenient to accomplish a district purpose. |
|
(b) The proceeds from the sale of a bond may be placed on |
|
time deposit or invested as provided by the resolution that |
|
authorized the issuance of the bond. (Acts 75th Leg., R.S., Ch. |
|
1273, Sec. 5.05.) |
|
Sec.7208.259.NEGOTIABLE INSTRUMENTS. Obligations under |
|
this chapter are negotiable instruments for purposes of Chapter 8, |
|
Business & Commerce Code. (Acts 75th Leg., R.S., Ch. 1273, Sec. |
|
5.04.) |
|
SECTION 1.08. Subtitle D, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 7503 to read as follows: |
|
CHAPTER 7503. DELTA LAKE IRRIGATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7503.001. DEFINITION |
|
Sec. 7503.002. NATURE OF DISTRICT |
|
Sec. 7503.003. LEGISLATIVE FINDINGS |
|
Sec. 7503.004. DISTRICT TERRITORY |
|
[Sections 7503.005-7503.050 reserved for expansion] |
|
SUBCHAPTER B. POWERS |
|
Sec. 7503.051. GENERAL POWERS |
|
CHAPTER 7503. DELTA LAKE IRRIGATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.7503.001.DEFINITION. In this chapter, "district" |
|
means the Delta Lake Irrigation District. (New.) |
|
Sec.7503.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Willacy and Hidalgo |
|
Counties, Texas, created under Section 59, Article XVI, Texas |
|
Constitution. (Acts 41st Leg., R.S., 1929, Ch. 166, Secs. 1 (part), |
|
2 (part); Acts 54th Leg., R.S., 1955, Ch. 40, Sec. 1.) |
|
Sec.7503.003.LEGISLATIVE FINDINGS. The legislature finds |
|
that the district is essential to accomplish the purposes of |
|
Section 59, Article XVI, Texas Constitution. (Acts 41st Leg., |
|
R.S., 1929, Ch. 166, Sec. 14 (part).) |
|
Sec.7503.004.DISTRICT TERRITORY. The district is |
|
composed of the territory described by Section 1, Chapter 166, Acts |
|
of the 41st Legislature, Regular Session, 1929, as that territory |
|
may have been modified under: |
|
(1) Chapter 25, General Laws, Acts of the 39th |
|
Legislature, Regular Session, 1925 (Article 7880-1 et seq., |
|
Vernon's Texas Civil Statutes), before August 30, 1971; |
|
(2) Chapter 3, General Laws, Acts of the 46th |
|
Legislature, Regular Session, 1939 (Article 7775c-1, Vernon's |
|
Texas Civil Statutes), before August 30, 1971; |
|
(3) Subchapter O, Chapter 51, Water Code, before June |
|
19, 1980; |
|
(4) Subchapter J, Chapter 49, Water Code; |
|
(5) Subchapter N, Chapter 58, Water Code; or |
|
(6) other law. (New.) |
|
[Sections 7503.005-7503.050 reserved for expansion] |
|
SUBCHAPTER B. POWERS |
|
Sec.7503.051.GENERAL POWERS. The district has: |
|
(1) the powers of a conservation and reclamation |
|
district under Section 59, Article XVI, Texas Constitution, and the |
|
general laws of this state; and |
|
(2) the powers of government and the authority to |
|
exercise the rights, privileges, and functions that are conferred |
|
by this chapter and the general laws of this state. (Acts 41st |
|
Leg., R.S., 1929, Ch. 166, Secs. 1 (part), 2 (part), 14 (part).) |
|
SECTION 1.09. Subtitle E, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 7802 to read as follows: |
|
CHAPTER 7802. DALLAS COUNTY LEVEE IMPROVEMENT DISTRICT NO. 14 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7802.001. DEFINITIONS |
|
Sec. 7802.002. NATURE OF DISTRICT |
|
Sec. 7802.003. FINDING OF PUBLIC PURPOSE |
|
Sec. 7802.004. DISTRICT TERRITORY |
|
Sec. 7802.005. APPLICABILITY OF OTHER LAW |
|
[Sections 7802.006-7802.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS AND OFFICERS |
|
Sec. 7802.051. BOARD |
|
Sec. 7802.052. TREASURER |
|
[Sections 7802.053-7802.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7802.101. GENERAL POWERS AND DUTIES OF DISTRICT |
|
Sec. 7802.102. POWERS AND DUTIES OF BOARD |
|
Sec. 7802.103. IMPOSITION OF TAXES |
|
CHAPTER 7802. DALLAS COUNTY LEVEE IMPROVEMENT DISTRICT NO. 14 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.7802.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Dallas County Levee |
|
Improvement District No. 14. (Acts 72nd Leg., R.S., Ch. 359, Sec. |
|
1.) |
|
Sec.7802.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district and a levee improvement |
|
district created under Section 59, Article XVI, Texas Constitution. |
|
(Acts 45th Leg., R.S., Ch. 306, Secs. 1 (part), 8 (part).) |
|
Sec.7802.003.FINDING OF PUBLIC PURPOSE. The district is |
|
essential to accomplish the purposes of Section 59, Article XVI, |
|
Texas Constitution. (Acts 45th Leg., R.S., Ch. 306, Sec. 8 (part).) |
|
Sec.7802.004.DISTRICT TERRITORY. The district is |
|
composed of the territory in Dallas County described by Section 1, |
|
Chapter 306, Acts of the 45th Legislature, Regular Session, 1937, |
|
as that territory may have been modified under: |
|
(1) Subchapter J, Chapter 49, Water Code; or |
|
(2) other law. (Acts 45th Leg., R.S., Ch. 306, Sec. 1 |
|
(part); New.) |
|
Sec.7802.005.APPLICABILITY OF OTHER LAW. Except as |
|
otherwise provided by this chapter, Chapter 57, Water Code, applies |
|
to the district. (Acts 72nd Leg., R.S., Ch. 359, Sec. 5(a) (part).) |
|
[Sections 7802.006-7802.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS AND OFFICERS |
|
Sec.7802.051.BOARD. (a) The district is governed by a |
|
board of five elected directors. |
|
(b) An election shall be held on the uniform election date |
|
in May of each even-numbered year to elect the appropriate number of |
|
directors. Except as provided by Subsection (c), directors serve |
|
four-year terms. |
|
(c) The board shall revise each precinct used to elect a |
|
director after each federal decennial census to reflect population |
|
changes. At the first election after the precincts are revised, a |
|
new director shall be elected from each precinct. The directors |
|
shall draw lots to determine which two directors serve two-year |
|
terms and which three directors serve four-year terms. (Acts 72nd |
|
Leg., R.S., Ch. 359, Secs. 2(a) (part), (d); 7(c).) |
|
Sec.7802.052.TREASURER. (a) The board may provide for |
|
the appointment of a treasurer for the district. |
|
(b) In addition to the powers and duties provided by other |
|
law, the treasurer has the powers and duties of the county treasurer |
|
under Chapter 57, Water Code. (Acts 72nd Leg., R.S., Ch. 359, Sec. |
|
3.) |
|
[Sections 7802.053-7802.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.7802.101.GENERAL POWERS AND DUTIES OF DISTRICT. The |
|
district has: |
|
(1) the powers of government; and |
|
(2) the rights, privileges, and functions conferred by |
|
this chapter, by Section 59, Article XVI, Texas Constitution, and |
|
by the general laws of this state relating to levee improvement |
|
districts, including Chapters 49 and 57, Water Code. (Acts 45th |
|
Leg., R.S., Ch. 306, Secs. 1 (part), 8 (part); New.) |
|
Sec.7802.102.POWERS AND DUTIES OF BOARD. The board has |
|
the powers and duties delegated to the commissioners court and |
|
county judge under Chapter 57, Water Code. (Acts 72nd Leg., R.S., |
|
Ch. 359, Sec. 5(a) (part).) |
|
Sec.7802.103.IMPOSITION OF TAXES. (a) The Tax Code |
|
governs the imposition of district taxes. |
|
(b) The board may provide for the appointment of a tax |
|
assessor-collector or may contract for the imposition of taxes with |
|
Dallas County or with another person as provided by the Tax Code. |
|
(Acts 72nd Leg., R.S., Ch. 359, Sec. 4.) |
|
SECTION 1.10. Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapters 8103, 8121, 8127, 8154, |
|
8155, 8156, 8159, 8160, 8161, 8163, 8164, 8165, 8166, 8167, 8168, |
|
8169, 8170, 8171, 8172, 8173, 8174, 8177, 8178, 8179, 8180, 8181, |
|
8182, 8183, 8184, 8186, 8187, 8188, 8191, and 8192 to read as |
|
follows: |
|
CHAPTER 8103. EL DORADO UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8103.001. DEFINITION |
|
Sec. 8103.002. NATURE OF DISTRICT |
|
Sec. 8103.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8103.004. DISTRICT TERRITORY |
|
[Sections 8103.005-8103.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8103.051. COMPOSITION OF BOARD |
|
[Sections 8103.052-8103.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8103.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8103. EL DORADO UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8103.001.DEFINITION. In this chapter, "district" |
|
means the El Dorado Utility District. (V.A.C.S. Art. 8280-538, |
|
Sec. 1 (part).) |
|
Sec.8103.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (V.A.C.S. Art. |
|
8280-538, Sec. 1 (part).) |
|
Sec.8103.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(V.A.C.S. Art. 8280-538, Secs. 1 (part), 3.) |
|
Sec.8103.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 648, Acts |
|
of the 62nd Legislature, Regular Session, 1971 (Article 8280-538, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (V.A.C.S. Art. 8280-538, Sec. 2; New.) |
|
[Sections 8103.005-8103.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8103.051.COMPOSITION OF BOARD. The board of |
|
directors is composed of five elected directors. (V.A.C.S. Art. |
|
8280-538, Sec. 6 (part).) |
|
[Sections 8103.052-8103.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8103.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district, |
|
including Chapters 49 and 54, Water Code. (V.A.C.S. Art. 8280-538, |
|
Sec. 5 (part); New.) |
|
CHAPTER 8121. BEVIL OAKS MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8121.001. DEFINITION |
|
Sec. 8121.002. NATURE OF DISTRICT |
|
Sec. 8121.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8121.004. DISTRICT TERRITORY |
|
[Sections 8121.005-8121.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8121.051. COMPOSITION OF BOARD |
|
[Sections 8121.052-8121.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8121.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8121.102. HEARING NOT REQUIRED FOR EXCLUSION OF |
|
TERRITORY |
|
CHAPTER 8121. BEVIL OAKS MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8121.001.DEFINITION. In this chapter, "district" |
|
means the Bevil Oaks Municipal Utility District. (Acts 63rd Leg., |
|
R.S., Ch. 621, Sec. 1 (part).) |
|
Sec.8121.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Jefferson County, created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 63rd |
|
Leg., R.S., Ch. 621, Sec. 1 (part).) |
|
Sec.8121.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
63rd Leg., R.S., Ch. 621, Secs. 1 (part), 3.) |
|
Sec.8121.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 6, Chapter 621, Acts |
|
of the 63rd Legislature, Regular Session, 1973, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 63rd Leg., R.S., Ch. 621, Sec. 2; New.) |
|
[Sections 8121.005-8121.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8121.051.COMPOSITION OF BOARD. The board of |
|
directors is composed of five elected directors. (Acts 63rd Leg., |
|
R.S., Ch. 621, Sec. 8(b) (part).) |
|
[Sections 8121.052-8121.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8121.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district, |
|
including Chapters 49 and 54, Water Code. (Acts 63rd Leg., R.S., |
|
Ch. 621, Sec. 7 (part).) |
|
Sec. 8121.102. HEARING NOT REQUIRED FOR EXCLUSION OF |
|
TERRITORY. The board is not required to call or hold a hearing on |
|
the exclusion of land or other property from the district, |
|
including a hearing on the petition of a landowner or other property |
|
owner in the district. (Acts 63rd Leg., R.S., Ch. 621, Sec. 5 |
|
(part).) |
|
CHAPTER 8127. BILMA PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8127.001. DEFINITION |
|
Sec. 8127.002. NATURE OF DISTRICT |
|
Sec. 8127.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8127.004. DISTRICT TERRITORY |
|
[Sections 8127.005-8127.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8127.051. COMPOSITION OF BOARD |
|
[Sections 8127.052-8127.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8127.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8127. BILMA PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8127.001.DEFINITION. In this chapter, "district" |
|
means the Bilma Public Utility District. (V.A.C.S. Art. 8280-512, |
|
Sec. 1 (part).) |
|
Sec.8127.002.NATURE OF DISTRICT. Notwithstanding |
|
provisions of the general laws relating to consent by political |
|
subdivisions for the creation of conservation and reclamation |
|
districts, the district is a conservation and reclamation district |
|
in Harris County created under Section 59, Article XVI, Texas |
|
Constitution. (V.A.C.S. Art. 8280-512, Sec. 1 (part).) |
|
Sec.8127.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(V.A.C.S. Art. 8280-512, Secs. 1 (part), 3.) |
|
Sec.8127.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 559, Acts |
|
of the 62nd Legislature, Regular Session, 1971 (Article 8280-512, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (V.A.C.S. Art. 8280-512, Sec. 2; New.) |
|
[Sections 8127.005-8127.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8127.051.COMPOSITION OF BOARD. The board of |
|
directors is composed of five elected directors. (V.A.C.S. Art. |
|
8280-512, Sec. 6 (part).) |
|
[Sections 8127.052-8127.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8127.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district, |
|
including Chapters 49 and 54, Water Code. (V.A.C.S. Art. 8280-512, |
|
Sec. 5 (part); New.) |
|
CHAPTER 8154. BLUE RIDGE WEST MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8154.001. DEFINITIONS |
|
Sec. 8154.002. NATURE OF DISTRICT |
|
Sec. 8154.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8154.004. DISTRICT TERRITORY |
|
[Sections 8154.005-8154.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8154.051. COMPOSITION OF BOARD |
|
Sec. 8154.052. QUALIFICATIONS FOR OFFICE |
|
Sec. 8154.053. DIRECTOR'S BOND |
|
Sec. 8154.054. ABSENCE OF PRESIDENT OR SECRETARY FROM |
|
BOARD MEETING; DUTY OF SECRETARY |
|
[Sections 8154.055-8154.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8154.101. MUNICIPALITY UTILITY DISTRICT POWERS |
|
AND DUTIES |
|
Sec. 8154.102. ADDITIONAL POWERS |
|
Sec. 8154.103. HEARINGS FOR EXCLUSION OF TERRITORY |
|
Sec. 8154.104. EMINENT DOMAIN |
|
Sec. 8154.105. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 8154.106. NOTICE OF ELECTION |
|
[Sections 8154.107-8154.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8154.151. TAX METHOD |
|
Sec. 8154.152. DEPOSITORY |
|
Sec. 8154.153. PROCEDURE FOR PAYMENT |
|
Sec. 8154.154. PROJECTS AND PURCHASES EXEMPT FROM |
|
ASSESSMENT OR TAXATION |
|
[Sections 8154.155-8154.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 8154.201. AUTHORITY TO ISSUE BONDS |
|
Sec. 8154.202. EXCHANGING BONDS FOR PROPERTY OR WORK |
|
Sec. 8154.203. BOND ELECTION |
|
Sec. 8154.204. BONDS EXEMPT FROM TAXATION |
|
CHAPTER 8154. BLUE RIDGE WEST MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8154.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "District" means the Blue Ridge West Municipal |
|
Utility District. (V.A.C.S. Art. 8280-379, Sec. 1 (part); New.) |
|
Sec.8154.002.NATURE OF DISTRICT. The district is a |
|
municipal utility district and a conservation and reclamation |
|
district in Fort Bend County created under Section 59, Article XVI, |
|
Texas Constitution. (V.A.C.S. Art. 8280-379, Sec. 1 (part); New.) |
|
Sec.8154.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(d) The accomplishment of the purposes stated in this |
|
chapter is for the benefit of the people of this state and for the |
|
improvement of their property and industries. The district, in |
|
carrying out the purposes of this chapter, will be performing an |
|
essential public function under the constitution. (V.A.C.S. Art. |
|
8280-379, Secs. 1 (part), 4, 21 (part).) |
|
Sec.8154.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 2, Chapter 633, Acts |
|
of the 60th Legislature, Regular Session, 1967 (Article 8280-379, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (V.A.C.S. Art. 8280-379, Sec. 3; New.) |
|
[Sections 8154.005-8154.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8154.051.COMPOSITION OF BOARD. The board consists of |
|
five directors. (V.A.C.S. Art. 8280-379, Sec. 9 (part).) |
|
Sec.8154.052.QUALIFICATIONS FOR OFFICE. (a) A person |
|
must reside in this state to be elected or appointed as a director |
|
of the board. |
|
(b) A director is not required to reside in the district. |
|
(V.A.C.S. Art. 8280-379, Sec. 9 (part).) |
|
Sec.8154.053.DIRECTOR'S BOND. (a) Each director shall |
|
execute a bond in the amount of $5,000 for the faithful performance |
|
of the director's duties. |
|
(b) The bond must be: |
|
(1) approved by: |
|
(A) the board; and |
|
(B) the county judge or the commissioners court |
|
of the county in which the district is located; |
|
(2) filed for record in the office of the county clerk |
|
of the county in which the district is located; |
|
(3) filed for safekeeping in the district's |
|
depository; and |
|
(4) recorded in a record kept for that purpose in the |
|
district office. (V.A.C.S. Art. 8280-379, Sec. 9 (part).) |
|
Sec. 8154.054. ABSENCE OF PRESIDENT OR SECRETARY FROM BOARD |
|
MEETING; DUTY OF SECRETARY. (a) If the board president is absent |
|
from a board meeting at which an order is adopted or other action is |
|
taken: |
|
(1) the board vice president may sign the order or |
|
action; or |
|
(2) the board may authorize the president to sign the |
|
order or action. |
|
(b) The board secretary shall sign the minutes of each board |
|
meeting. |
|
(c) If the board secretary is absent from a board meeting, |
|
the board: |
|
(1) shall name a secretary pro tem for the meeting who: |
|
(A) may exercise all powers and duties of the |
|
secretary for the meeting; |
|
(B) shall sign the minutes of the meeting; and |
|
(C) may attest all orders passed or other action |
|
taken at the meeting; or |
|
(2) may authorize the secretary to attest all orders |
|
passed or other action taken at the meeting. (V.A.C.S. Art. |
|
8280-379, Sec. 9 (part).) |
|
[Sections 8154.055-8154.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8154.101. MUNICIPALITY UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has all of the rights, powers, privileges, and |
|
duties provided by general law applicable to a municipal utility |
|
district created under Section 59, Article XVI, Texas Constitution, |
|
including those conferred by Chapters 49 and 54, Water Code. |
|
(V.A.C.S. Art. 8280-379, Sec. 5 (part); New.) |
|
Sec.8154.102.ADDITIONAL POWERS. (a) The district may: |
|
(1) purchase, construct, or otherwise acquire a |
|
waterworks system, sanitary sewer system, or storm sewer system and |
|
drainage facility, or any part of those systems or facilities; |
|
(2) make any necessary purchase, construction, |
|
improvement, extension, or addition to a system or facility |
|
described by Subdivision (1); |
|
(3) purchase or acquire, operate, and maintain any |
|
land, right-of-way, easement, site, equipment, building, plant, |
|
structure, or facility necessary to a system or facility described |
|
by Subdivision (1); and |
|
(4) sell water and other services. |
|
(b) The district may exercise any of the rights or powers |
|
granted by this chapter inside or outside the district's |
|
boundaries. |
|
(c) The district may exercise any of its rights or powers to |
|
provide water or sewerage services to an area inside or outside the |
|
district's boundaries. (V.A.C.S. Art. 8280-379, Sec. 16 (part).) |
|
Sec.8154.103.HEARINGS FOR EXCLUSION OF TERRITORY. (a) |
|
The board is not required to call or hold a hearing on the exclusion |
|
of land or other property from the district. |
|
(b) The board on its own motion may call and hold one or more |
|
hearings on the exclusion of land or other property from the |
|
district in the manner provided by general law. (V.A.C.S. Art. |
|
8280-379, Sec. 7 (part).) |
|
Sec.8154.104.EMINENT DOMAIN. The district may exercise |
|
the power of eminent domain only in a county in which the district |
|
is located. (V.A.C.S. Art. 8280-379, Sec. 12 (part).) |
|
Sec.8154.105.COST OF RELOCATING OR ALTERING PROPERTY. |
|
(a) In this section, "sole expense" means the actual cost of |
|
relocating, raising, lowering, rerouting, or changing the grade of, |
|
or altering the construction of a facility described by Subsection |
|
(b) in providing a comparable replacement without enhancing the |
|
facility, after deducting from that cost the net salvage value |
|
derived from the old facility. |
|
(b) If the district, in the exercise of the power of eminent |
|
domain, the power of relocation, or any other power granted under |
|
this chapter, makes necessary the relocation, raising, rerouting, |
|
changing the grade of, or altering the construction of a highway, a |
|
railroad, an electric transmission line, a pipeline, or a telegraph |
|
or telephone property or facility, the necessary relocation, |
|
raising, rerouting, changing the grade of, or alteration of |
|
construction shall be accomplished at the sole expense of the |
|
district. (V.A.C.S. Art. 8280-379, Sec. 12 (part).) |
|
Sec.8154.106.NOTICE OF ELECTION. The board president or |
|
secretary may give notice of an election. (V.A.C.S. Art. 8280-379, |
|
Sec. 19.) |
|
[Sections 8154.107-8154.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.8154.151.TAX METHOD. (a) The district shall use the |
|
ad valorem plan of taxation. |
|
(b) The board is not required to hold a hearing on the |
|
adoption of a plan of taxation. (V.A.C.S. Art. 8280-379, Sec. 8.) |
|
Sec.8154.152.DEPOSITORY. (a) The board shall select one |
|
or more banks or trust companies in this state to act as a |
|
depository of bond proceeds or of revenue derived from the |
|
operation of district facilities. |
|
(b) The depository shall, as determined by the board: |
|
(1) furnish indemnity bonds; |
|
(2) pledge securities; or |
|
(3) meet any other requirement. (V.A.C.S. Art. |
|
8280-379, Sec. 15.) |
|
Sec.8154.153.PROCEDURE FOR PAYMENT. An officer or |
|
employee of the district, as designated by a standing order entered |
|
in the board's minutes, may draw and sign a warrant to pay a current |
|
expense, salary, or account of the district if the account has been |
|
contracted and ordered paid by the board. (V.A.C.S. Art. 8280-379, |
|
Sec. 9 (part).) |
|
Sec. 8154.154. PROJECTS AND PURCHASES EXEMPT FROM |
|
ASSESSMENT OR TAXATION. The district is not required to pay a tax |
|
or assessment on: |
|
(1) a district project or any part of the project; or |
|
(2) a district purchase. (V.A.C.S. Art. 8280-379, |
|
Sec. 21 (part).) |
|
[Sections 8154.155-8154.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.8154.201.AUTHORITY TO ISSUE BONDS. The district may |
|
vote and issue bonds of any kind, including refunding bonds, for |
|
contiguous or noncontiguous areas for any district purpose. |
|
(V.A.C.S. Art. 8280-379, Sec. 16 (part).) |
|
Sec.8154.202.EXCHANGING BONDS FOR PROPERTY OR WORK. The |
|
district may exchange bonds, including refunding bonds: |
|
(1) for property acquired by purchase; or |
|
(2) in payment of the contract price of work done or |
|
materials or services furnished for the use and benefit of the |
|
district. (V.A.C.S. Art. 8280-379, Sec. 17 (part).) |
|
Sec.8154.203.BOND ELECTION. (a) On the failure of a bond |
|
election: |
|
(1) a general law that provides for calling a hearing |
|
on the dissolution of the district after a district bond election |
|
fails does not apply to the district; and |
|
(2) the board may call a subsequent bond election |
|
after the expiration of six months after the date of the election. |
|
(b) The outcome of a bond election does not affect the |
|
district's existence, function, or operation. (V.A.C.S. Art. |
|
8280-379, Sec. 18.) |
|
Sec.8154.204.BONDS EXEMPT FROM TAXATION. A bond issued |
|
under this subchapter, the transfer of the bond, and income from the |
|
bond, including profits made on the sale of the bond, are exempt |
|
from taxation in this state. (V.A.C.S. Art. 8280-379, Sec. 21 |
|
(part).) |
|
CHAPTER 8155. BOIS D'ARC MUNICIPAL UTILITY DISTRICT |
|
OF FANNIN COUNTY, TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8155.001. DEFINITION |
|
Sec. 8155.002. NATURE OF DISTRICT |
|
Sec. 8155.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8155.004. DISTRICT TERRITORY |
|
[Sections 8155.005-8155.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8155.051. COMPOSITION OF BOARD |
|
Sec. 8155.052. VACANCIES |
|
Sec. 8155.053. DIRECTOR'S BOND |
|
[Sections 8155.054-8155.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8155.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8155.102. WATER AND SEWER SYSTEMS |
|
Sec. 8155.103. TAXES |
|
CHAPTER 8155. BOIS D'ARC MUNICIPAL UTILITY DISTRICT |
|
OF FANNIN COUNTY, TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8155.001.DEFINITION. In this chapter, "district" |
|
means the Bois D'Arc Municipal Utility District of Fannin County, |
|
Texas. (Acts 66th Leg., R.S., Ch. 421, Sec. 1 (part).) |
|
Sec.8155.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district created under Section 59, |
|
Article XVI, Texas Constitution. (Acts 66th Leg., R.S., Ch. 421, |
|
Sec. 1 (part).) |
|
Sec.8155.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects that are to |
|
be accomplished by the district under the powers conferred by |
|
Section 59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
66th Leg., R.S., Ch. 421, Secs. 1 (part), 4 (part).) |
|
Sec.8155.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 2, Chapter 421, Acts |
|
of the 66th Legislature, Regular Session, 1979, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on a bond; |
|
(3) the district's right to impose taxes; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 66th Leg., R.S., Ch. 421, Sec. 3 (part); |
|
New.) |
|
[Sections 8155.005-8155.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8155.051.COMPOSITION OF BOARD. The district is |
|
governed by a board of seven directors. (Acts 66th Leg., R.S., Ch. |
|
421, Sec. 7 (part).) |
|
Sec.8155.052.VACANCIES. The Commissioners Court of |
|
Fannin County shall appoint directors to fill all vacancies on the |
|
board when the number of qualified directors is fewer than four. |
|
(Acts 66th Leg., R.S., Ch. 421, Sec. 7 (part).) |
|
Sec.8155.053.DIRECTOR'S BOND. A director is not required |
|
to post a public official's bond. (Acts 66th Leg., R.S., Ch. 421, |
|
Sec. 7 (part).) |
|
[Sections 8155.054-8155.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8155.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district created |
|
under Section 59, Article XVI, Texas Constitution, including |
|
Chapters 49 and 54, Water Code. (Acts 66th Leg., R.S., Ch. 421, |
|
Sec. 5 (part).) |
|
Sec.8155.102.WATER AND SEWER SYSTEMS. (a) To serve the |
|
inhabitants of the county in which the district is situated, the |
|
district may: |
|
(1) acquire, and may improve or extend, any existing |
|
water or sewer system that serves all or part of the district |
|
territory; or |
|
(2) construct a water or sewer system. |
|
(b) A contract to acquire an existing water or sewer |
|
facility may be made on terms approved by the contracting parties. |
|
(Acts 66th Leg., R.S., Ch. 421, Sec. 6 (part).) |
|
Sec.8155.103.TAXES. The district may not impose a tax |
|
unless the tax has been approved by the voters at an election called |
|
for that purpose. (Acts 66th Leg., R.S., Ch. 421, Sec. 6 (part).) |
|
CHAPTER 8156. EL PASO COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8156.001. DEFINITION |
|
Sec. 8156.002. NATURE OF DISTRICT |
|
Sec. 8156.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8156.004. DISTRICT TERRITORY |
|
Sec. 8156.005. EFFECT OF CHAPTER ON CITY OF EL PASO |
|
[Sections 8156.006-8156.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8156.051. COMPOSITION OF BOARD |
|
[Sections 8156.052-8156.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8156.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8156.102. ANNEXATION OF DISTRICT TERRITORY BY |
|
POLITICAL SUBDIVISION |
|
Sec. 8156.103. AUTHORITY OF EL PASO WATER UTILITIES |
|
PUBLIC SERVICE BOARD OVER DISTRICT |
|
FACILITIES |
|
CHAPTER 8156. EL PASO COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8156.001.DEFINITION. In this chapter, "district" |
|
means El Paso County Municipal Utility District No. 2. (Acts 74th |
|
Leg., R.S., Ch. 700, Sec. 2.) |
|
Sec.8156.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in El Paso County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 74th |
|
Leg., R.S., Ch. 700, Secs. 1(a) (part), (b).) |
|
Sec.8156.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
74th Leg., R.S., Ch. 700, Secs. 1(b) (part), 5.) |
|
Sec.8156.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3, Chapter 700, Acts |
|
of the 74th Legislature, Regular Session, 1995, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to impose a tax; or |
|
(3) the legality or operation of the district or its |
|
governing body. (Acts 74th Leg., R.S., Ch. 700, Sec. 4; New.) |
|
Sec.8156.005.EFFECT OF CHAPTER ON CITY OF EL PASO. This |
|
chapter does not diminish or affect the City of El Paso's |
|
extraterritorial jurisdiction or its rights under the Local |
|
Government Code. (Acts 74th Leg., R.S., Ch. 700, Sec. 6(e).) |
|
[Sections 8156.006-8156.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8156.051.COMPOSITION OF BOARD. The district is |
|
governed by a board of five directors. (Acts 74th Leg., R.S., Ch. |
|
700, Sec. 7(a).) |
|
[Sections 8156.052-8156.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8156.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, functions, and duties |
|
provided by general law applicable to a municipal utility district |
|
created under Section 59, Article XVI, Texas Constitution, |
|
including Chapters 49, 50, and 54, Water Code. (Acts 74th Leg., |
|
R.S., Ch. 700, Sec. 6(a) (part).) |
|
Sec. 8156.102. ANNEXATION OF DISTRICT TERRITORY BY |
|
POLITICAL SUBDIVISION. A political subdivision that annexes the |
|
district territory included in Section 3, Chapter 700, Acts of the |
|
74th Legislature, Regular Session, 1995, as provided by Chapter 43, |
|
Local Government Code, assumes the district's powers, functions, |
|
and duties and any outstanding bonded indebtedness of the district. |
|
(Acts 74th Leg., R.S., Ch. 700, Sec. 6(c).) |
|
Sec. 8156.103. AUTHORITY OF EL PASO WATER UTILITIES PUBLIC |
|
SERVICE BOARD OVER DISTRICT FACILITIES. (a) In this section, |
|
"Public Service Board" means the El Paso Water Utilities Public |
|
Service Board. |
|
(b) The plans and specifications for any facilities to be |
|
constructed or acquired by the district must be approved by the |
|
Public Service Board. The Public Service Board may not |
|
unreasonably withhold or delay the approval. |
|
(c) The Public Service Board is entitled to inspect or act |
|
as the construction manager for district facilities to ensure that |
|
the facilities meet the applicable standards of the Public Service |
|
Board. The district shall pay the Public Service Board a reasonable |
|
fee for those services consistent with fees charged for similar |
|
services the Public Service Board provides on similar utility |
|
construction contracts. (Acts 74th Leg., R.S., Ch. 700, Sec. 6(d); |
|
New.) |
|
CHAPTER 8159. EMERALD BAY MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8159.001. DEFINITION |
|
Sec. 8159.002. NATURE OF DISTRICT |
|
Sec. 8159.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8159.004. DISTRICT TERRITORY |
|
[Sections 8159.005-8159.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8159.051. COMPOSITION OF BOARD |
|
[Sections 8159.052-8159.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8159.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8159.102. GENERAL CONTRACT POWERS |
|
Sec. 8159.103. CONTRACTS TO ACQUIRE EXISTING WATER OR |
|
SEWER SYSTEMS |
|
Sec. 8159.104. VOTER APPROVAL OF CERTAIN CONTRACTS |
|
CHAPTER 8159. EMERALD BAY MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8159.001.DEFINITION. In this chapter, "district" |
|
means Emerald Bay Municipal Utility District. (Acts 68th Leg., |
|
R.S., Ch. 722, Sec. 1 (part); New.) |
|
Sec.8159.002.NATURE OF DISTRICT. (a) The district is a |
|
conservation and reclamation district in Smith County created under |
|
Section 59, Article XVI, Texas Constitution. |
|
(b) The district is a political subdivision of the state. |
|
(Acts 68th Leg., R.S., Ch. 722, Sec. 1 (part).) |
|
Sec.8159.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under Section 59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
68th Leg., R.S., Ch. 722, Secs. 1 (part), 3.) |
|
Sec.8159.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 2(a), Chapter 722, |
|
Acts of the 68th Legislature, Regular Session, 1983, as that |
|
territory may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries of the district form a closure. A |
|
mistake in the description of the boundaries under Section 2(a), |
|
Chapter 722, Acts of the 68th Legislature, Regular Session, 1983, |
|
does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue bonds for a purpose |
|
for which the district is created or to pay the principal of and |
|
interest on the bonds; or |
|
(3) the legality or operation of the district or its |
|
governing body. (Acts 68th Leg., R.S., Ch. 722, Secs. 2(b), (c); |
|
New.) |
|
[Sections 8159.005-8159.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8159.051.COMPOSITION OF BOARD. The district is |
|
governed by a board of five directors who serve staggered terms. |
|
(Acts 68th Leg., R.S., Ch. 722, Secs. 8(a) (part), (e) (part).) |
|
[Sections 8159.052-8159.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8159.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district may exercise the rights, powers, privileges, and functions |
|
provided by general law applicable to a municipal utility district |
|
created under Section 59, Article XVI, Texas Constitution, |
|
including Chapters 49 and 54, Water Code. (Acts 68th Leg., R.S., |
|
Ch. 722, Sec. 5(a).) |
|
Sec.8159.102.GENERAL CONTRACT POWERS. The district may |
|
enter into a water supply, sewage treatment, solid waste, or |
|
drainage contract, or any combination of those contracts, with a |
|
municipal corporation, political subdivision, or private entity. |
|
(Acts 68th Leg., R.S., Ch. 722, Sec. 7(a).) |
|
Sec. 8159.103. CONTRACTS TO ACQUIRE EXISTING WATER OR SEWER |
|
SYSTEMS. A contract for the acquisition of an existing water or |
|
sewer facility may be made on terms approved by the contracting |
|
parties. (Acts 68th Leg., R.S., Ch. 722, Sec. 6(c) (part).) |
|
Sec.8159.104.VOTER APPROVAL OF CERTAIN CONTRACTS. (a) A |
|
contract that provides for the district to make payment from taxes |
|
other than maintenance taxes must be approved by a majority of the |
|
district voters voting on the question at an election held for that |
|
purpose. |
|
(b) The election shall be held in the same manner as an |
|
election for the issuance of bonds payable from taxes by a municipal |
|
utility district. (Acts 68th Leg., R.S., Ch. 722, Sec. 7(b) |
|
(part).) |
|
CHAPTER 8160. EMERALD FOREST UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8160.001. DEFINITIONS |
|
Sec. 8160.002. NATURE OF DISTRICT |
|
Sec. 8160.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8160.004. DISTRICT TERRITORY |
|
[Sections 8160.005-8160.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8160.051. COMPOSITION OF BOARD |
|
[Sections 8160.052-8160.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8160.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8160. EMERALD FOREST UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8160.001.DEFINITIONS. In this chapter, "district" |
|
means Emerald Forest Utility District. (V.A.C.S. Art. 8280-519, |
|
Sec. 1 (part).) |
|
Sec.8160.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (V.A.C.S. Art. |
|
8280-519, Sec. 1 (part).) |
|
Sec.8160.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(V.A.C.S. Art. 8280-519, Secs. 1 (part), 3.) |
|
Sec.8160.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 584, Acts |
|
of the 62nd Legislature, Regular Session, 1971 (Article 8280-519, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (V.A.C.S. Art. 8280-519, Sec. 2; New.) |
|
[Sections 8160.005-8160.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8160.051.COMPOSITION OF BOARD. The board of |
|
directors is composed of five elected directors. (V.A.C.S. Art. |
|
8280-519, Sec. 6 (part).) |
|
[Sections 8160.052-8160.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8160.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district, |
|
including Chapters 49 and 54, Water Code. (V.A.C.S. Art. 8280-519, |
|
Sec. 5 (part); New.) |
|
CHAPTER 8161. ENCANTO REAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8161.001. DEFINITION |
|
Sec. 8161.002. NATURE OF DISTRICT |
|
Sec. 8161.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8161.004. DISTRICT TERRITORY |
|
[Sections 8161.005-8161.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8161.051. COMPOSITION OF BOARD |
|
[Sections 8161.052-8161.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8161.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8161. ENCANTO REAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8161.001.DEFINITION. In this chapter, "district" |
|
means the Encanto Real Utility District. (V.A.C.S. Art. 8280-584, |
|
Sec. 1 (part).) |
|
Sec.8161.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (V.A.C.S. Art. |
|
8280-584, Sec. 1 (part).) |
|
Sec.8161.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(V.A.C.S. Art. 8280-584, Secs. 1 (part), 3.) |
|
Sec.8161.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 700, Acts |
|
of the 62nd Legislature, Regular Session, 1971 (Article 8280-584, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (V.A.C.S. Art. 8280-584, Sec. 2; New.) |
|
[Sections 8161.005-8161.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8161.051.COMPOSITION OF BOARD. The board of |
|
directors is composed of five elected directors. (V.A.C.S. Art. |
|
8280-584, Sec. 6 (part).) |
|
[Sections 8161.052-8161.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8161.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district, |
|
including Chapters 49 and 54, Water Code. (V.A.C.S. Art. 8280-584, |
|
Sec. 5 (part); New.) |
|
CHAPTER 8163. BURLESON COUNTY MUNICIPAL UTILITY |
|
DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8163.001. DEFINITION |
|
Sec. 8163.002. NATURE OF DISTRICT |
|
Sec. 8163.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8163.004. DISTRICT TERRITORY |
|
[Sections 8163.005-8163.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8163.051. COMPOSITION OF BOARD |
|
[Sections 8163.052-8163.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8163.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8163. BURLESON COUNTY MUNICIPAL UTILITY |
|
DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8163.001.DEFINITION. In this chapter, "district" |
|
means the Burleson County Municipal Utility District No. 1. |
|
(V.A.C.S. Art. 8280-587, Sec. 1 (part).) |
|
Sec.8163.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Burleson County created |
|
under Section 59, Article XVI, Texas Constitution. (V.A.C.S. Art. |
|
8280-587, Sec. 1 (part).) |
|
Sec.8163.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(V.A.C.S. Art. 8280-587, Secs. 1 (part), 3.) |
|
Sec.8163.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 703, Acts |
|
of the 62nd Legislature, Regular Session, 1971 (Article 8280-587, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (V.A.C.S. Art. 8280-587, Sec. 2; New.) |
|
[Sections 8163.005-8163.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8163.051.COMPOSITION OF BOARD. The board of |
|
directors is composed of five elected directors. (V.A.C.S. Art. |
|
8280-587, Sec. 6 (part).) |
|
[Sections 8163.052-8163.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8163.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district, |
|
including Chapters 49 and 54, Water Code. (V.A.C.S. Art. 8280-587, |
|
Sec. 5 (part).) |
|
CHAPTER 8164. CAPE ROYALE UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8164.001. DEFINITIONS |
|
Sec. 8164.002. NATURE OF DISTRICT |
|
Sec. 8164.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8164.004. DISTRICT TERRITORY |
|
[Sections 8164.005-8164.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 8164.051. COMPOSITION OF BOARD |
|
Sec. 8164.052. DIRECTOR'S BOND |
|
Sec. 8164.053. BOARD VACANCY |
|
Sec. 8164.054. DISTRICT OFFICE |
|
Sec. 8164.055. ABSENCE OF PRESIDENT FROM BOARD MEETING |
|
[Sections 8164.056-8164.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8164.101. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES |
|
Sec. 8164.102. ADDITIONAL POWERS AND DUTIES |
|
Sec. 8164.103. EMINENT DOMAIN |
|
Sec. 8164.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 8164.105. CONTRACT FOR PURCHASE OF WATER, SEWER, |
|
OR DRAINAGE SERVICES; ELECTION NOT |
|
REQUIRED |
|
Sec. 8164.106. NOTICE OF ELECTION |
|
Sec. 8164.107. DISTRICT RULES |
|
[Sections 8164.108-8164.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8164.151. TAX METHOD |
|
Sec. 8164.152. DISTRICT ACCOUNTS |
|
Sec. 8164.153. COPY OF AUDIT REPORT |
|
Sec. 8164.154. PAYMENT OF TAX OR ASSESSMENT NOT |
|
REQUIRED |
|
Sec. 8164.155. DIRECTOR AS SHAREHOLDER IN DEPOSITORY |
|
[Sections 8164.156-8164.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 8164.201. USE OF BOND PROCEEDS DURING |
|
CONSTRUCTION |
|
CHAPTER 8164. CAPE ROYALE UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8164.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Cape Royale Utility District. |
|
(V.A.C.S. Art. 8280-424, Sec. 1 (part); New.) |
|
Sec.8164.002.NATURE OF DISTRICT. The district is a |
|
municipal utility district and a conservation and reclamation |
|
district in San Jacinto County, created under Section 59, Article |
|
XVI, Texas Constitution. (V.A.C.S. Art. 8280-424, Sec. 1 (part); |
|
New.) |
|
Sec.8164.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(d) The accomplishment of the purposes stated in this |
|
chapter is for the benefit of the people of this state and for the |
|
improvement of their property and industries. The district in |
|
carrying out the purposes of this chapter will be performing an |
|
essential public function under the Texas Constitution. (V.A.C.S. |
|
Art. 8280-424, Secs. 1 (part), 4, 24 (part).) |
|
Sec.8164.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 2, Chapter 270, Acts |
|
of the 61st Legislature, Regular Session, 1969 (Article 8280-424, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; |
|
(3) former Section 9, Chapter 270, Acts of the 61st |
|
Legislature, Regular Session, 1969 (Article 8280-424, Vernon's |
|
Texas Civil Statutes); or |
|
(4) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. If a mistake is made in the field notes or in copying the |
|
field notes in the legislative process, the mistake does not |
|
affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or the |
|
board. (V.A.C.S. Art. 8280-424, Sec. 3; New.) |
|
[Sections 8164.005-8164.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.8164.051.COMPOSITION OF BOARD. The board consists of |
|
five directors. (V.A.C.S. Art. 8280-424, Sec. 10 (part).) |
|
Sec.8164.052.DIRECTOR'S BOND. (a) Each director shall |
|
give a bond in the amount of $5,000 for the faithful performance of |
|
the director's duties. |
|
(b) The bond must be: |
|
(1) approved by the county judge and the board; |
|
(2) filed in the office of the county clerk of the |
|
county or counties in which the district is located; and |
|
(3) recorded in a record book kept for that purpose in |
|
the district office. (V.A.C.S. Art. 8280-424, Sec. 10 (part).) |
|
Sec.8164.053.BOARD VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy in the office of director shall be filled |
|
in the manner provided by Section 49.105, Water Code. |
|
(b) The county judge of the county in which the district is |
|
located shall appoint directors to fill all vacancies on the board |
|
whenever the number of qualified directors is fewer than three. |
|
(V.A.C.S. Art. 8280-424, Sec. 10 (part).) |
|
Sec.8164.054.DISTRICT OFFICE. (a) Except as provided by |
|
this section, the board shall designate, establish, and maintain a |
|
district office as provided by Section 49.062, Water Code. |
|
(b) The board may establish a second district office outside |
|
the district. If the board establishes a second district office, |
|
the board shall give notice of the location of that office by: |
|
(1) filing a copy of the board resolution that |
|
establishes the location of the office: |
|
(A) with the Texas Commission on Environmental |
|
Quality; and |
|
(B) in the municipal utility district records of |
|
each county in which the district is located; and |
|
(2) publishing notice of the location of the office in |
|
a newspaper of general circulation in each county in which the |
|
district is located. |
|
(c) A district office that is a private residence, office, |
|
or dwelling is a public place for matters relating to district |
|
business. |
|
(d) The board shall provide notice of any change in the |
|
location of the district office outside the district in the manner |
|
required by Subsection (b). (V.A.C.S. Art. 8280-424, Sec. 15.) |
|
Sec.8164.055.ABSENCE OF PRESIDENT FROM BOARD MEETING. If |
|
the board president is absent from a board meeting: |
|
(1) the board vice president may: |
|
(A) sign an order adopted at the meeting; or |
|
(B) implement any other action taken at the |
|
meeting; or |
|
(2) the board may authorize the president to sign the |
|
order or implement the action. (V.A.C.S. Art. 8280-424, Sec. 10 |
|
(part).) |
|
[Sections 8164.056-8164.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8164.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has all of the rights, powers, privileges, |
|
authority, and functions conferred by the general laws of this |
|
state relating to municipal utility districts created under Section |
|
59, Article XVI, Texas Constitution, including those conferred by |
|
Chapters 49 and 54, Water Code. (V.A.C.S. Art. 8280-424, Sec. 5 |
|
(part).) |
|
Sec.8164.102.ADDITIONAL POWERS AND DUTIES. (a) The |
|
district may: |
|
(1) make, purchase, construct, lease, or otherwise |
|
acquire property, works, facilities, existing improvements, or |
|
improvements to be made, constructed, or acquired that are: |
|
(A) inside or outside the district's boundaries; |
|
and |
|
(B) necessary to carry out the powers granted by |
|
this chapter or general law; or |
|
(2) enter into a contract with a person on terms the |
|
board considers desirable, fair, and advantageous for: |
|
(A) the purchase or sale of water; |
|
(B) the transportation, treatment, and disposal |
|
of the domestic, industrial, or communal wastes of the district or |
|
others; |
|
(C) the continuing and orderly development of |
|
land and property in the district through the purchase, |
|
construction, or installation of facilities, works, or |
|
improvements that the district is otherwise authorized to do or |
|
perform so that, to the greatest extent reasonably possible, |
|
considering sound engineering and economic practices, all of the |
|
land and property may ultimately receive the services of the |
|
facilities, works, or improvements; and |
|
(D) the performance of any of the powers granted |
|
by this chapter or general law. |
|
(b) A contract under Subsection (a)(2) may not have a |
|
duration of more than 40 years. (V.A.C.S. Art. 8280-424, Sec. 5 |
|
(part).) |
|
Sec.8164.103.EMINENT DOMAIN. The district may exercise |
|
the power of eminent domain only: |
|
(1) in a county in which the district is located; and |
|
(2) when necessary to carry out the purposes for which |
|
the district was created. (V.A.C.S. Art. 8280-424, Sec. 13 |
|
(part).) |
|
Sec.8164.104.COST OF RELOCATING OR ALTERING PROPERTY. |
|
(a) In this section, "sole expense" means the actual cost of |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of a facility described by Subsection (b) |
|
in providing comparable replacement without enhancement of the |
|
facility, after deducting from that cost the net salvage value of |
|
the old facility. |
|
(b) If the district's exercise of the power of eminent |
|
domain, the power of relocation, or any other power granted by this |
|
chapter makes necessary the relocating, raising, rerouting or |
|
changing the grade of, or alteration of the construction of a |
|
highway, a railroad, an electric transmission line, a telegraph or |
|
telephone property or facility, or a pipeline, the necessary action |
|
shall be accomplished at the sole expense of the district. |
|
(V.A.C.S. Art. 8280-424, Sec. 13 (part).) |
|
Sec. 8164.105. CONTRACT FOR PURCHASE OF WATER, SEWER, OR |
|
DRAINAGE SERVICES; ELECTION NOT REQUIRED. (a) The district may |
|
enter into a contract with a political subdivision for water, |
|
sewer, or drainage services or any combination of those services |
|
without the necessity of an election by any contracting party. |
|
(b) The district may pay for an obligation incurred by such |
|
a contract by issuing bonds that, if otherwise necessary, have been |
|
approved by the voters in the manner provided by this chapter. |
|
(c) The district may deliver the district's bonds to any of |
|
the following parties that enters into such a contract with the |
|
district: |
|
(1) the United States; |
|
(2) an agency or instrumentality of the United States; |
|
(3) this state; or |
|
(4) an agency or instrumentality of this state. |
|
(V.A.C.S. Art. 8280-424, Sec. 5 (part).) |
|
Sec.8164.106.NOTICE OF ELECTION. The board president or |
|
secretary may give notice of an election. (V.A.C.S. Art. 8280-424, |
|
Sec. 19.) |
|
Sec.8164.107.DISTRICT RULES. The district shall adopt |
|
and enforce reasonable and effective rules to secure and maintain |
|
safe, sanitary, and adequate plumbing installations, connections, |
|
and appurtenances as subsidiary parts of the district's sewerage |
|
system to preserve the quality of water within or controlled by the |
|
district. (V.A.C.S. Art. 8280-424, Sec. 16.) |
|
[Sections 8164.108-8164.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.8164.151.TAX METHOD. (a) The district shall use the |
|
ad valorem plan of taxation. |
|
(b) The board is not required to hold a hearing on the |
|
adoption of a plan of taxation. (V.A.C.S. Art. 8280-424, Sec. 8.) |
|
Sec.8164.152.DISTRICT ACCOUNTS. The district shall keep |
|
a complete system of the district's accounts. (V.A.C.S. Art. |
|
8280-424, Sec. 14 (part).) |
|
Sec.8164.153.COPY OF AUDIT REPORT. A copy of the audit |
|
report prepared under Subchapter G, Chapter 49, Water Code, shall |
|
be delivered: |
|
(1) to each director; and |
|
(2) on request to a holder of at least 25 percent of |
|
the outstanding bonds of the district. (V.A.C.S. Art. 8280-424, |
|
Sec. 14 (part).) |
|
Sec.8164.154.PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. |
|
The district is not required to pay a tax or assessment on: |
|
(1) district property; or |
|
(2) a purchase made by the district. (V.A.C.S. Art. |
|
8280-424, Sec. 24 (part).) |
|
Sec.8164.155.DIRECTOR AS SHAREHOLDER IN DEPOSITORY. A |
|
director may be a shareholder in a depository of district funds. |
|
(V.A.C.S. Art. 8280-424, Sec. 14 (part).) |
|
[Sections 8164.156-8164.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.8164.201.USE OF BOND PROCEEDS DURING CONSTRUCTION. |
|
(a) The district may appropriate or set aside out of the proceeds |
|
from the sale of any bonds issued under this chapter an amount for |
|
the payment of interest, administrative, and operating expenses |
|
expected to accrue during a period of construction, as may be |
|
provided in the bond orders or resolutions. |
|
(b) For purposes of this section, the period of construction |
|
may not exceed three years. (V.A.C.S. Art. 8280-424, Sec. 12 |
|
(part).) |
|
CHAPTER 8165. CHATEAU WOODS MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8165.001. DEFINITIONS |
|
Sec. 8165.002. NATURE OF DISTRICT |
|
Sec. 8165.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8165.004. DISTRICT TERRITORY |
|
[Sections 8165.005-8165.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8165.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8165.052. QUALIFICATIONS FOR OFFICE |
|
Sec. 8165.053. VACANCIES |
|
[Sections 8165.054-8165.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8165.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8165. CHATEAU WOODS MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8165.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "City" means the city of Chateau Woods. |
|
(3) "District" means the Chateau Woods Municipal |
|
Utility District. (Acts 73rd Leg., R.S., Ch. 744, Sec. 2; New.) |
|
Sec.8165.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Montgomery County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 73rd |
|
Leg., R.S., Ch. 744, Secs. 1(a), (b) (part).) |
|
Sec.8165.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. |
|
(c) The district is essential to accomplish the purposes of |
|
Section 59, Article XVI, Texas Constitution. (Acts 73rd Leg., |
|
R.S., Ch. 744, Secs. 1(b) (part), 4.) |
|
Sec.8165.004.DISTRICT TERRITORY. The district is |
|
composed of the territory described by Section 3, Chapter 744, Acts |
|
of the 73rd Legislature, Regular Session, 1993, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. (New.) |
|
[Sections 8165.005-8165.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8165.051.COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 73rd |
|
Leg., R.S., Ch. 744, Secs. 6(a), 7(c).) |
|
Sec.8165.052.QUALIFICATIONS FOR OFFICE. To be eligible |
|
to serve as director, a person must: |
|
(1) be a registered voter; and |
|
(2) reside in the district. (Acts 73rd Leg., R.S., Ch. |
|
744, Sec. 6(c).) |
|
Sec.8165.053.VACANCIES. A vacancy in the office of |
|
director shall be filled by appointment of the board until the next |
|
election for directors. If the position is not scheduled to be |
|
filled at the election, the person elected to fill the position |
|
shall serve only for the remainder of the unexpired term. (Acts |
|
73rd Leg., R.S., Ch. 744, Sec. 6(b).) |
|
[Sections 8165.054-8165.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8165.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, functions, and duties |
|
provided by general law applicable to a municipal utility district |
|
created under Section 59, Article XVI, Texas Constitution, |
|
including those conferred by Chapters 49, 50, and 54, Water Code. |
|
(Acts 73rd Leg., R.S., Ch. 744, Sec. 5(a) (part); New.) |
|
CHAPTER 8166. CIBOLO CREEK MUNICIPAL AUTHORITY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8166.001. DEFINITION |
|
Sec. 8166.002. NATURE OF DISTRICT |
|
Sec. 8166.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8166.004. DISTRICT TERRITORY |
|
[Sections 8166.005-8166.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8166.051. COMPOSITION OF BOARD |
|
[Sections 8166.052-8166.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8166.101. MUNICIPAL UTILITY DISTRICT AND WASTE |
|
DISPOSAL POWERS |
|
Sec. 8166.102. WATER SUPPLY IN AND TO MUNICIPALITY |
|
[Sections 8166.103-8166.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8166.151. LIMITATION ON USE OF SEWAGE SYSTEM |
|
REVENUE |
|
CHAPTER 8166. CIBOLO CREEK MUNICIPAL AUTHORITY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8166.001.DEFINITION. In this chapter, "district" |
|
means the Cibolo Creek Municipal Authority. (V.A.C.S. Art. |
|
8280-487, Sec. 1 (part).) |
|
Sec.8166.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Bexar, Comal, and |
|
Guadalupe Counties created under Section 59, Article XVI, Texas |
|
Constitution. (V.A.C.S. Art. 8280-487, Sec. 1 (part).) |
|
Sec.8166.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(V.A.C.S. Art. 8280-487, Secs. 1 (part), 3 (part).) |
|
Sec.8166.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 347, Acts |
|
of the 62nd Legislature, Regular Session, 1971 (Article 8280-487, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (V.A.C.S. Art. 8280-487, Sec. 2; New.) |
|
[Sections 8166.005-8166.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8166.051.COMPOSITION OF BOARD. The board of |
|
directors is composed of five elected directors. (V.A.C.S. Art. |
|
8280-487, Sec. 6(a) (part).) |
|
[Sections 8166.052-8166.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8166.101. MUNICIPAL UTILITY DISTRICT AND WASTE |
|
DISPOSAL POWERS. The district has the rights, powers, privileges, |
|
and functions provided by general law applicable to a municipal |
|
utility district, including Chapters 49 and 54, Water Code, and |
|
applicable to a river authority under Chapter 30, Water Code. |
|
(V.A.C.S. Art. 8280-487, Sec. 5 (part); New.) |
|
Sec.8166.102.WATER SUPPLY IN AND TO MUNICIPALITY. (a) |
|
The powers granted by Section 8166.101 do not include the power to |
|
supply water for municipal uses, domestic uses, or commercial |
|
purposes, on a retail basis in the municipal limits or |
|
extraterritorial jurisdiction of a municipality that lies wholly or |
|
partly in the district. |
|
(b) A municipality described by Subsection (a) may contract |
|
with the district to supply surface water to the municipality for |
|
resale. The municipality shall bear the full cost of the |
|
development, transportation, distribution, and treatment of the |
|
water. (V.A.C.S. Art. 8280-487, Sec. 5 (part).) |
|
[Sections 8166.103-8166.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.8166.151.LIMITATION ON USE OF SEWAGE SYSTEM REVENUE. |
|
The district may not use revenue received from the district sewage |
|
system, including from the collection, transportation, treatment, |
|
or disposal of sewage, and from other purposes pertaining to the |
|
system, to pay for surface water development, transportation, |
|
distribution, or treatment. (V.A.C.S. Art. 8280–487, Sec. 5 |
|
(part).) |
|
CHAPTER 8167. CINCO MUNICIPAL UTILITY DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8167.001. DEFINITION |
|
Sec. 8167.002. NATURE OF DISTRICT |
|
Sec. 8167.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8167.004. DISTRICT TERRITORY |
|
[Sections 8167.005-8167.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8167.051. COMPOSITION OF BOARD |
|
[Sections 8167.052-8167.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8167.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8167.102. WATER CONSERVATION PROGRAM |
|
CHAPTER 8167. CINCO MUNICIPAL UTILITY DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8167.001.DEFINITION. In this chapter, "district" |
|
means Cinco Municipal Utility District No. 1. (Acts 69th Leg., |
|
R.S., Ch. 184, Secs. 1(a) (part), 2.) |
|
Sec.8167.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Fort Bend County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 69th |
|
Leg., R.S., Ch. 184, Sec. 1(a) (part).) |
|
Sec.8167.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
69th Leg., R.S., Ch. 184, Secs. 1(b), 5.) |
|
Sec.8167.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3, Chapter 184, Acts |
|
of the 69th Legislature, Regular Session, 1985, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 69th Leg., R.S., Ch. 184, Sec. 4; New.) |
|
[Sections 8167.005-8167.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8167.051.COMPOSITION OF BOARD. The district is |
|
governed by a board of five elected directors. (Acts 69th Leg., |
|
R.S., Ch. 184, Secs. 8(a), (b) (part).) |
|
[Sections 8167.052-8167.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8167.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district created |
|
under Section 59, Article XVI, Texas Constitution, including |
|
Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S., Ch. 184, |
|
Sec. 6(a) (part).) |
|
Sec.8167.102.WATER CONSERVATION PROGRAM. (a) In this |
|
section, "program of water conservation" means the practices, |
|
techniques, and technologies that will reduce water consumption, |
|
reduce water loss or waste, improve efficiency in water use, or |
|
increase water recycling and reuse so that a water supply is |
|
available for future or alternative uses. |
|
(b) The district shall adopt and implement a program of |
|
water conservation consistent with rules and criteria adopted and |
|
enforceable by the Texas Commission on Environmental Quality for |
|
similarly situated districts in the region. (Acts 69th Leg., R.S., |
|
Ch. 184, Sec. 7.) |
|
CHAPTER 8168. CINCO MUNICIPAL UTILITY DISTRICT NO. 2 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8168.001. DEFINITION |
|
Sec. 8168.002. NATURE OF DISTRICT |
|
Sec. 8168.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8168.004. DISTRICT TERRITORY |
|
[Sections 8168.005-8168.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8168.051. COMPOSITION OF BOARD |
|
[Sections 8168.052-8168.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8168.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8168.102. WATER CONSERVATION PROGRAM |
|
CHAPTER 8168. CINCO MUNICIPAL UTILITY DISTRICT NO. 2 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8168.001.DEFINITION. In this chapter, "district" |
|
means Cinco Municipal Utility District No. 2. (Acts 69th Leg., |
|
R.S., Ch. 185, Secs. 1(a) (part), 2.) |
|
Sec.8168.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Fort Bend and Harris |
|
Counties created under Section 59, Article XVI, Texas Constitution. |
|
(Acts 69th Leg., R.S., Ch. 185, Sec. 1(a) (part).) |
|
Sec.8168.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
69th Leg., R.S., Ch. 185, Secs. 1(b), 5.) |
|
Sec.8168.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3, Chapter 185, Acts |
|
of the 69th Legislature, Regular Session, 1985, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 69th Leg., R.S., Ch. 185, Sec. 4; New.) |
|
[Sections 8168.005-8168.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8168.051.COMPOSITION OF BOARD. The district is |
|
governed by a board of five elected directors. (Acts 69th Leg., |
|
R.S., Ch. 185, Secs. 8(a), (b) (part).) |
|
[Sections 8168.052-8168.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8168.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district created |
|
under Section 59, Article XVI, Texas Constitution, including |
|
Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S., Ch. 185, |
|
Sec. 6(a) (part).) |
|
Sec.8168.102.WATER CONSERVATION PROGRAM. (a) In this |
|
section, "program of water conservation" means the practices, |
|
techniques, and technologies that will reduce water consumption, |
|
reduce water loss or waste, improve efficiency in water use, or |
|
increase water recycling and reuse so that a water supply is |
|
available for future or alternative uses. |
|
(b) The district shall adopt and implement a program of |
|
water conservation consistent with rules and criteria adopted and |
|
enforceable by the Texas Commission on Environmental Quality for |
|
similarly situated districts in the region. (Acts 69th Leg., R.S., |
|
Ch. 185, Sec. 7.) |
|
CHAPTER 8169. CINCO MUNICIPAL UTILITY DISTRICT NO. 3 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8169.001. DEFINITION |
|
Sec. 8169.002. NATURE OF DISTRICT |
|
Sec. 8169.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8169.004. DISTRICT TERRITORY |
|
[Sections 8169.005-8169.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8169.051. COMPOSITION OF BOARD |
|
[Sections 8169.052-8169.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8169.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8169.102. WATER CONSERVATION PROGRAM |
|
CHAPTER 8169. CINCO MUNICIPAL UTILITY DISTRICT NO. 3 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8169.001.DEFINITION. In this chapter, "district" |
|
means Cinco Municipal Utility District No. 3. (Acts 69th Leg., |
|
R.S., Ch. 186, Secs. 1(a) (part), 2.) |
|
Sec.8169.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Fort Bend and Harris |
|
Counties created under Section 59, Article XVI, Texas Constitution. |
|
(Acts 69th Leg., R.S., Ch. 186, Sec. 1(a) (part).) |
|
Sec.8169.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
69th Leg., R.S., Ch. 186, Secs. 1(b), 5.) |
|
Sec.8169.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3, Chapter 186, Acts |
|
of the 69th Legislature, Regular Session, 1985, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 69th Leg., R.S., Ch. 186, Sec. 4; New.) |
|
[Sections 8169.005-8169.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8169.051.COMPOSITION OF BOARD. The district is |
|
governed by a board of five elected directors. (Acts 69th Leg., |
|
R.S., Ch. 186, Secs. 8(a), (b) (part).) |
|
[Sections 8169.052-8169.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8169.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district created |
|
under Section 59, Article XVI, Texas Constitution, including |
|
Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S., Ch. 186, |
|
Sec. 6(a) (part).) |
|
Sec.8169.102.WATER CONSERVATION PROGRAM. (a) In this |
|
section, "program of water conservation" means the practices, |
|
techniques, and technologies that will reduce water consumption, |
|
reduce water loss or waste, improve efficiency in water use, or |
|
increase water recycling and reuse so that a water supply is |
|
available for future or alternative uses. |
|
(b) The district shall adopt and implement a program of |
|
water conservation consistent with rules and criteria adopted and |
|
enforceable by the Texas Commission on Environmental Quality for |
|
similarly situated districts in the region. (Acts 69th Leg., R.S., |
|
Ch. 186, Sec. 7.) |
|
CHAPTER 8170. CINCO MUNICIPAL UTILITY DISTRICT NO. 5 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8170.001. DEFINITION |
|
Sec. 8170.002. NATURE OF DISTRICT |
|
Sec. 8170.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8170.004. DISTRICT TERRITORY |
|
[Sections 8170.005-8170.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8170.051. COMPOSITION OF BOARD |
|
[Sections 8170.052-8170.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8170.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8170.102. WATER CONSERVATION PROGRAM |
|
CHAPTER 8170. CINCO MUNICIPAL UTILITY DISTRICT NO. 5 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8170.001.DEFINITION. In this chapter, "district" |
|
means Cinco Municipal Utility District No. 5. (Acts 69th Leg., |
|
R.S., Ch. 188, Secs. 1(a) (part), 2.) |
|
Sec.8170.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Fort Bend and Harris |
|
Counties created under Section 59, Article XVI, Texas Constitution. |
|
(Acts 69th Leg., R.S., Ch. 188, Sec. 1(a) (part).) |
|
Sec.8170.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
69th Leg., R.S., Ch. 188, Secs. 1(b), 5.) |
|
Sec.8170.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3, Chapter 188, Acts |
|
of the 69th Legislature, Regular Session, 1985, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 69th Leg., R.S., Ch. 188, Sec. 4; New.) |
|
[Sections 8170.005-8170.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8170.051.COMPOSITION OF BOARD. The district is |
|
governed by a board of five elected directors. (Acts 69th Leg., |
|
R.S., Ch. 188, Secs. 8(a), (b) (part).) |
|
[Sections 8170.052-8170.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8170.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district created |
|
under Section 59, Article XVI, Texas Constitution, including |
|
Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S., Ch. 188, |
|
Sec. 6(a) (part).) |
|
Sec.8170.102.WATER CONSERVATION PROGRAM. (a) In this |
|
section, "program of water conservation" means the practices, |
|
techniques, and technologies that will reduce water consumption, |
|
reduce water loss or waste, improve efficiency in water use, or |
|
increase water recycling and reuse so that a water supply is |
|
available for future or alternative uses. |
|
(b) The district shall adopt and implement a program of |
|
water conservation consistent with rules and criteria adopted and |
|
enforceable by the Texas Commission on Environmental Quality for |
|
similarly situated districts in the region. (Acts 69th Leg., R.S., |
|
Ch. 188, Sec. 7.) |
|
CHAPTER 8171. CINCO MUNICIPAL UTILITY DISTRICT NO. 6 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8171.001. DEFINITION |
|
Sec. 8171.002. NATURE OF DISTRICT |
|
Sec. 8171.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8171.004. DISTRICT TERRITORY |
|
[Sections 8171.005-8171.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8171.051. COMPOSITION OF BOARD |
|
[Sections 8171.052-8171.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8171.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8171.102. WATER CONSERVATION PROGRAM |
|
CHAPTER 8171. CINCO MUNICIPAL UTILITY DISTRICT NO. 6 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8171.001.DEFINITION. In this chapter, "district" |
|
means Cinco Municipal Utility District No. 6. (Acts 69th Leg., |
|
R.S., Ch. 189, Secs. 1(a) (part), 2.) |
|
Sec.8171.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Fort Bend County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 69th |
|
Leg., R.S., Ch. 189, Sec. 1(a) (part).) |
|
Sec.8171.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
69th Leg., R.S., Ch. 189, Secs. 1(b), 5.) |
|
Sec.8171.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3, Chapter 189, Acts |
|
of the 69th Legislature, Regular Session, 1985, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 69th Leg., R.S., Ch. 189, Sec. 4; New.) |
|
[Sections 8171.005-8171.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8171.051.COMPOSITION OF BOARD. The district is |
|
governed by a board of five elected directors. (Acts 69th Leg., |
|
R.S., Ch. 189, Secs. 8(a), (b) (part).) |
|
[Sections 8171.052-8171.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8171.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district created |
|
under Section 59, Article XVI, Texas Constitution, including |
|
Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S., Ch. 189, |
|
Sec. 6(a) (part).) |
|
Sec.8171.102.WATER CONSERVATION PROGRAM. (a) In this |
|
section, "program of water conservation" means the practices, |
|
techniques, and technologies that will reduce water consumption, |
|
reduce water loss or waste, improve efficiency in water use, or |
|
increase water recycling and reuse so that a water supply is |
|
available for future or alternative uses. |
|
(b) The district shall adopt and implement a program of |
|
water conservation consistent with rules and criteria adopted and |
|
enforceable by the Texas Commission on Environmental Quality for |
|
similarly situated districts in the region. (Acts 69th Leg., R.S., |
|
Ch. 189, Sec. 7.) |
|
CHAPTER 8172. CINCO MUNICIPAL UTILITY DISTRICT NO. 7 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8172.001. DEFINITION |
|
Sec. 8172.002. NATURE OF DISTRICT |
|
Sec. 8172.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8172.004. DISTRICT TERRITORY |
|
[Sections 8172.005-8172.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8172.051. COMPOSITION OF BOARD |
|
[Sections 8172.052-8172.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8172.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8172.102. WATER CONSERVATION PROGRAM |
|
CHAPTER 8172. CINCO MUNICIPAL UTILITY DISTRICT NO. 7 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8172.001.DEFINITION. In this chapter, "district" |
|
means Cinco Municipal Utility District No. 7. (Acts 69th Leg., |
|
R.S., Ch. 190, Secs. 1(a) (part), 2.) |
|
Sec.8172.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Fort Bend County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 69th |
|
Leg., R.S., Ch. 190, Sec. 1(a) (part).) |
|
Sec.8172.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
69th Leg., R.S., Ch. 190, Secs. 1(b), 5.) |
|
Sec.8172.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3, Chapter 190, Acts |
|
of the 69th Legislature, Regular Session, 1985, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 69th Leg., R.S., Ch. 190, Sec. 4; New.) |
|
[Sections 8172.005-8172.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8172.051.COMPOSITION OF BOARD. The district is |
|
governed by a board of five elected directors. (Acts 69th Leg., |
|
R.S., Ch. 190, Secs. 8(a), (b) (part).) |
|
[Sections 8172.052-8172.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8172.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district created |
|
under Section 59, Article XVI, Texas Constitution, including |
|
Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S., Ch. 190, |
|
Sec. 6(a) (part).) |
|
Sec.8172.102.WATER CONSERVATION PROGRAM. (a) In this |
|
section, "program of water conservation" means the practices, |
|
techniques, and technologies that will reduce water consumption, |
|
reduce water loss or waste, improve efficiency in water use, or |
|
increase water recycling and reuse so that a water supply is |
|
available for future or alternative uses. |
|
(b) The district shall adopt and implement a program of |
|
water conservation consistent with rules and criteria adopted and |
|
enforceable by the Texas Commission on Environmental Quality for |
|
similarly situated districts in the region. (Acts 69th Leg., R.S., |
|
Ch. 190, Sec. 7.) |
|
CHAPTER 8173. CINCO MUNICIPAL UTILITY DISTRICT NO. 8 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8173.001. DEFINITION |
|
Sec. 8173.002. NATURE OF DISTRICT |
|
Sec. 8173.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8173.004. DISTRICT TERRITORY |
|
[Sections 8173.005-8173.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8173.051. COMPOSITION OF BOARD |
|
[Sections 8173.052-8173.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8173.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8173.102. WATER CONSERVATION PROGRAM |
|
CHAPTER 8173. CINCO MUNICIPAL UTILITY DISTRICT NO. 8 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8173.001.DEFINITION. In this chapter, "district" |
|
means Cinco Municipal Utility District No. 8. (Acts 69th Leg., |
|
R.S., Ch. 191, Secs. 1(a) (part), 2.) |
|
Sec.8173.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Fort Bend County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 69th |
|
Leg., R.S., Ch. 191, Sec. 1(a) (part).) |
|
Sec.8173.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
69th Leg., R.S., Ch. 191, Secs. 1(b), 5.) |
|
Sec.8173.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3, Chapter 191, Acts |
|
of the 69th Legislature, Regular Session, 1985, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 69th Leg., R.S., Ch. 191, Sec. 4; New.) |
|
[Sections 8173.005-8173.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8173.051.COMPOSITION OF BOARD. The district is |
|
governed by a board of five elected directors. (Acts 69th Leg., |
|
R.S., Ch. 191, Secs. 8(a), (b) (part).) |
|
[Sections 8173.052-8173.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8173.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district created |
|
under Section 59, Article XVI, Texas Constitution, including |
|
Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S., Ch. 191, |
|
Sec. 6(a) (part).) |
|
Sec.8173.102.WATER CONSERVATION PROGRAM. (a) In this |
|
section, "program of water conservation" means the practices, |
|
techniques, and technologies that will reduce water consumption, |
|
reduce water loss or waste, improve efficiency in water use, or |
|
increase water recycling and reuse so that a water supply is |
|
available for future or alternative uses. |
|
(b) The district shall adopt and implement a program of |
|
water conservation consistent with rules and criteria adopted and |
|
enforceable by the Texas Commission on Environmental Quality for |
|
similarly situated districts in the region. (Acts 69th Leg., R.S., |
|
Ch. 191, Sec. 7.) |
|
CHAPTER 8174. CINCO MUNICIPAL UTILITY DISTRICT NO. 9 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8174.001. DEFINITION |
|
Sec. 8174.002. NATURE OF DISTRICT |
|
Sec. 8174.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8174.004. DISTRICT TERRITORY |
|
[Sections 8174.005-8174.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8174.051. COMPOSITION OF BOARD |
|
[Sections 8174.052-8174.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8174.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8174.102. WATER CONSERVATION PROGRAM |
|
CHAPTER 8174. CINCO MUNICIPAL UTILITY DISTRICT NO. 9 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8174.001.DEFINITION. In this chapter, "district" |
|
means Cinco Municipal Utility District No. 9. (Acts 69th Leg., |
|
R.S., Ch. 192, Secs. 1(a) (part), 2.) |
|
Sec.8174.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Fort Bend and Harris |
|
Counties created under Section 59, Article XVI, Texas Constitution. |
|
(Acts 69th Leg., R.S., Ch. 192, Sec. 1(a) (part).) |
|
Sec.8174.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
69th Leg., R.S., Ch. 192, Secs. 1(b), 5.) |
|
Sec.8174.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3, Chapter 192, Acts |
|
of the 69th Legislature, Regular Session, 1985, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 69th Leg., R.S., Ch. 192, Sec. 4; New.) |
|
[Sections 8174.005-8174.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8174.051.COMPOSITION OF BOARD. The district is |
|
governed by a board of five elected directors. (Acts 69th Leg., |
|
R.S., Ch. 192, Secs. 8(a), (b) (part).) |
|
[Sections 8174.052-8174.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8174.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district created |
|
under Section 59, Article XVI, Texas Constitution, including |
|
Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S., Ch. 192, |
|
Sec. 6(a) (part).) |
|
Sec.8174.102.WATER CONSERVATION PROGRAM. (a) In this |
|
section, "program of water conservation" means the practices, |
|
techniques, and technologies that will reduce water consumption, |
|
reduce water loss or waste, improve efficiency in water use, or |
|
increase water recycling and reuse so that a water supply is |
|
available for future or alternative uses. |
|
(b) The district shall adopt and implement a program of |
|
water conservation consistent with rules and criteria adopted and |
|
enforceable by the Texas Commission on Environmental Quality for |
|
similarly situated districts in the region. (Acts 69th Leg., R.S., |
|
Ch. 192, Sec. 7.) |
|
CHAPTER 8177. FLYING "L" PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8177.001. DEFINITION |
|
Sec. 8177.002. NATURE OF DISTRICT |
|
Sec. 8177.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8177.004. DISTRICT TERRITORY |
|
[Sections 8177.005-8177.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8177.051. COMPOSITION OF BOARD |
|
[Sections 8177.052-8177.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8177.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8177. FLYING "L" PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8177.001.DEFINITION. In this chapter, "district" |
|
means the Flying "L" Public Utility District. (V.A.C.S. Art. |
|
8280-508, Sec. 1 (part).) |
|
Sec.8177.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Bandera County, created |
|
under Section 59, Article XVI, Texas Constitution. (V.A.C.S. Art. |
|
8280-508, Sec. 1 (part).) |
|
Sec.8177.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(V.A.C.S. Art. 8280-508, Secs. 1 (part), 3.) |
|
Sec.8177.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 505, Acts |
|
of the 62nd Legislature, Regular Session, 1971 (Article 8280-508, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (V.A.C.S. Art. 8280-508, Sec. 2; New.) |
|
[Sections 8177.005-8177.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8177.051.COMPOSITION OF BOARD. The board of |
|
directors is composed of five elected directors. (V.A.C.S. Art. |
|
8280-508, Sec. 6 (part).) |
|
[Sections 8177.052-8177.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8177.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district, |
|
including Chapters 49 and 54, Water Code. (V.A.C.S. Art. 8280-508, |
|
Sec. 5 (part).) |
|
CHAPTER 8178. CY-CHAMP PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8178.001. DEFINITIONS |
|
Sec. 8178.002. NATURE OF DISTRICT |
|
Sec. 8178.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8178.004. DISTRICT TERRITORY |
|
[Sections 8178.005-8178.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8178.051. COMPOSITION OF BOARD |
|
[Sections 8178.052-8178.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8178.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8178. CY-CHAMP PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8178.001.DEFINITIONS. In this chapter, "district" |
|
means the Cy-Champ Public Utility District. (V.A.C.S. Art. |
|
8280-573, Sec. 1 (part).) |
|
Sec.8178.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (V.A.C.S. Art. |
|
8280-573, Sec. 1 (part).) |
|
Sec.8178.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(V.A.C.S. Art. 8280-573, Secs. 1 (part), 3.) |
|
Sec.8178.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 686, Acts |
|
of the 62nd Legislature, Regular Session, 1971 (Article 8280-573, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (V.A.C.S. Art. 8280-573, Sec. 2; New.) |
|
[Sections 8178.005-8178.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8178.051.COMPOSITION OF BOARD. The board of |
|
directors is composed of five elected directors. (V.A.C.S. Art. |
|
8280-573, Sec. 6 (part).) |
|
[Sections 8178.052-8178.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8178.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district, |
|
including Chapters 49 and 54, Water Code. (V.A.C.S. Art. 8280-573, |
|
Sec. 5 (part); New.) |
|
CHAPTER 8179. CYPRESS CREEK UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8179.001. DEFINITIONS |
|
Sec. 8179.002. NATURE OF DISTRICT |
|
Sec. 8179.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8179.004. DISTRICT TERRITORY |
|
[Sections 8179.005-8179.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 8179.051. COMPOSITION OF BOARD |
|
Sec. 8179.052. DIRECTOR'S BOND |
|
Sec. 8179.053. BOARD VACANCY |
|
Sec. 8179.054. DISTRICT OFFICE |
|
Sec. 8179.055. ABSENCE OF PRESIDENT FROM BOARD MEETING |
|
[Sections 8179.056-8179.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8179.101. GENERAL POWERS AND DUTIES |
|
Sec. 8179.102. ADDITIONAL POWERS AND DUTIES |
|
Sec. 8179.103. EMINENT DOMAIN |
|
Sec. 8179.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 8179.105. CONTRACT FOR PURCHASE OF WATER, SEWER, |
|
OR DRAINAGE SERVICES; ELECTION NOT |
|
REQUIRED |
|
Sec. 8179.106. NOTICE OF ELECTION |
|
Sec. 8179.107. DISTRICT RULES |
|
[Sections 8179.108-8179.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8179.151. TAX METHOD |
|
Sec. 8179.152. DISTRICT ACCOUNTS |
|
Sec. 8179.153. COPY OF AUDIT REPORT |
|
Sec. 8179.154. PAYMENT OF TAX OR ASSESSMENT NOT |
|
REQUIRED |
|
Sec. 8179.155. DIRECTOR AS SHAREHOLDER IN DEPOSITORY |
|
[Sections 8179.156-8179.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 8179.201. USE OF BOND PROCEEDS DURING |
|
CONSTRUCTION |
|
CHAPTER 8179. CYPRESS CREEK UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8179.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Cypress Creek Utility |
|
District. (V.A.C.S. Art. 8280-403, Sec. 1 (part); New.) |
|
Sec.8179.002.NATURE OF DISTRICT. The district is a |
|
municipal utility district and a conservation and reclamation |
|
district in Harris County, created under Section 59, Article XVI, |
|
Texas Constitution. (V.A.C.S. Art. 8280-403, Sec. 1 (part); New.) |
|
Sec.8179.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(d) The accomplishment of the purposes stated in this |
|
chapter is for the benefit of the people of this state and for the |
|
improvement of their property and industries. The district in |
|
carrying out the purposes of this chapter will be performing an |
|
essential public function under the Texas Constitution. (V.A.C.S. |
|
Art. 8280-403, Secs. 1 (part), 4, 24 (part).) |
|
Sec.8179.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 2, Chapter 146, Acts |
|
of the 61st Legislature, Regular Session, 1969 (Article 8280-403, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; |
|
(3) former Section 9, Chapter 146, Acts of the 61st |
|
Legislature, Regular Session, 1969 (Article 8280-403, Vernon's |
|
Texas Civil Statutes); or |
|
(4) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. If a mistake is made in the field notes or in copying the |
|
field notes in the legislative process, the mistake does not |
|
affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or the |
|
board. (V.A.C.S. Art. 8280-403, Sec. 3; New.) |
|
[Sections 8179.005-8179.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec.8179.051.COMPOSITION OF BOARD. The board consists of |
|
five directors. (V.A.C.S. Art. 8280-403, Sec. 10 (part).) |
|
Sec.8179.052.DIRECTOR'S BOND. (a) Each director shall |
|
execute a bond in the amount of $5,000 for the faithful performance |
|
of the director's duties. |
|
(b) The bond must be: |
|
(1) approved by the county judge and the board; |
|
(2) filed in the office of the county clerk of the |
|
county or counties in which the district is located; and |
|
(3) recorded in a record book kept for that purpose in |
|
the district office. (V.A.C.S. Art. 8280-403, Sec. 10 (part).) |
|
Sec.8179.053.BOARD VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy in the office of director shall be filled |
|
in the manner provided by Section 49.105, Water Code. |
|
(b) The county judge of the county in which the district is |
|
located shall appoint directors to fill all vacancies on the board |
|
whenever the number of qualified directors is fewer than three. |
|
(V.A.C.S. Art. 8280-403, Sec. 10 (part).) |
|
Sec.8179.054.DISTRICT OFFICE. (a) Except as provided by |
|
this section, the board shall designate, establish, and maintain a |
|
district office as provided by Section 49.062, Water Code. |
|
(b) The board may establish a second district office outside |
|
the district. If the board establishes a second district office, |
|
the board shall give notice of the location of that office by: |
|
(1) filing a copy of the board resolution that |
|
establishes the location of the office: |
|
(A) with the Texas Commission on Environmental |
|
Quality; and |
|
(B) in the municipal utility district records of |
|
each county in which the district is located; and |
|
(2) publishing notice of the location of the office in |
|
a newspaper of general circulation in each county in which the |
|
district is located. |
|
(c) A district office that is a private residence, office, |
|
or dwelling is a public place for matters relating to district |
|
business. |
|
(d) The board shall provide notice of any change in the |
|
location of the district office outside the district in the manner |
|
required by Subsection (b). (V.A.C.S. Art. 8280-403, Sec. 15.) |
|
Sec.8179.055.ABSENCE OF PRESIDENT FROM BOARD MEETING. If |
|
the board president is absent from a board meeting: |
|
(1) the board vice president may: |
|
(A) sign an order adopted at the meeting; or |
|
(B) implement any other action taken at the |
|
meeting; or |
|
(2) the board may authorize the president to sign the |
|
order or implement the action. (V.A.C.S. Art. 8280-403, Sec. 10 |
|
(part).) |
|
[Sections 8179.056-8179.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8179.101.GENERAL POWERS AND DUTIES. The district has |
|
all of the rights, powers, privileges, authority, and functions |
|
conferred by the general laws of this state relating to municipal |
|
utility districts created under Section 59, Article XVI, Texas |
|
Constitution, including those conferred by Chapters 49 and 54, |
|
Water Code. (V.A.C.S. Art. 8280-403, Sec. 5 (part).) |
|
Sec.8179.102.ADDITIONAL POWERS AND DUTIES. (a) The |
|
district may: |
|
(1) make, purchase, construct, lease, or otherwise |
|
acquire property, works, facilities, existing improvements, or |
|
improvements to be made, constructed, or acquired that are: |
|
(A) inside or outside the district's boundaries; |
|
and |
|
(B) necessary to carry out the powers granted by |
|
this chapter or general law; or |
|
(2) enter into a contract with a person on terms the |
|
board considers desirable, fair, and advantageous for: |
|
(A) the purchase or sale of water; |
|
(B) the transportation, treatment, and disposal |
|
of the domestic, industrial, or communal wastes of the district or |
|
others; |
|
(C) the continuing and orderly development of |
|
land and property in the district through the purchase, |
|
construction, or installation of facilities, works, or |
|
improvements that the district is otherwise authorized to do or |
|
perform so that, to the greatest extent reasonably possible, |
|
considering sound engineering and economic practices, all of the |
|
land and property may ultimately receive the services of the |
|
facilities, works, or improvements; and |
|
(D) the performance of any of the powers granted |
|
by this chapter or general law. |
|
(b) A contract under Subsection (a)(2) may not have a |
|
duration of more than 40 years. (V.A.C.S. Art. 8280-403, Sec. 5 |
|
(part).) |
|
Sec.8179.103.EMINENT DOMAIN. The district may exercise |
|
the power of eminent domain only: |
|
(1) in a county in which the district is located; and |
|
(2) when necessary to carry out the purposes for which |
|
the district was created. (V.A.C.S. Art. 8280-403, Sec. 13 |
|
(part).) |
|
Sec.8179.104.COST OF RELOCATING OR ALTERING PROPERTY. |
|
(a) In this section, "sole expense" means the actual cost of |
|
relocating, raising, lowering, rerouting, or changing the grade of |
|
or altering the construction of a facility described by Subsection |
|
(b) in providing comparable replacement without enhancement of the |
|
facility, after deducting from that cost the net salvage value of |
|
the old facility. |
|
(b) If the district's exercise of the power of eminent |
|
domain, the power of relocation, or any other power conferred by |
|
this chapter makes necessary the relocation, raising, rerouting, |
|
changing the grade, or alteration of the construction of a highway, |
|
a railroad, an electric transmission line, a telegraph or telephone |
|
property or facility, or a pipeline, the necessary action shall be |
|
accomplished at the sole expense of the district. (V.A.C.S. Art. |
|
8280-403, Sec. 13 (part).) |
|
Sec. 8179.105. CONTRACT FOR PURCHASE OF WATER, SEWER, OR |
|
DRAINAGE SERVICES; ELECTION NOT REQUIRED. (a) The district may |
|
enter into a contract with a political subdivision for water, |
|
sewer, or drainage services or any combination of those services |
|
without the necessity of an election by any contracting party. |
|
(b) The district may pay for an obligation incurred by such |
|
a contract by issuing bonds that, if otherwise necessary, have been |
|
approved by the voters in the manner provided by this chapter. |
|
(c) The district may deliver the district's bonds to any of |
|
the following parties that enters into such a contract with the |
|
district: |
|
(1) the United States; |
|
(2) an agency or instrumentality of the United States; |
|
(3) this state; or |
|
(4) an agency or instrumentality of this state. |
|
(V.A.C.S. Art. 8280-403, Sec. 5 (part).) |
|
Sec.8179.106.NOTICE OF ELECTION. The board president or |
|
secretary may give notice of an election. (V.A.C.S. Art. 8280-403, |
|
Sec. 19.) |
|
Sec.8179.107.DISTRICT RULES. The district shall adopt |
|
and enforce reasonable and effective rules to secure and maintain |
|
safe, sanitary, and adequate plumbing installations, connections, |
|
and appurtenances as subsidiary parts of the district's sewerage |
|
system to preserve the quality of water within or controlled by the |
|
district. (V.A.C.S. Art. 8280-403, Sec. 16.) |
|
[Sections 8179.108-8179.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec.8179.151.TAX METHOD. (a) The district shall use the |
|
ad valorem plan of taxation. |
|
(b) The board is not required to hold a hearing on the |
|
adoption of a plan of taxation. (V.A.C.S. Art. 8280-403, Sec. 8.) |
|
Sec.8179.152.DISTRICT ACCOUNTS. The district shall keep |
|
a complete system of the district's accounts. (V.A.C.S. Art. |
|
8280-403, Sec. 14 (part).) |
|
Sec.8179.153.COPY OF AUDIT REPORT. A copy of the audit |
|
report prepared under Subchapter G, Chapter 49, Water Code, shall |
|
be delivered: |
|
(1) to each director; and |
|
(2) on request to a holder of at least 25 percent of |
|
the outstanding bonds of the district. (V.A.C.S. Art. 8280-403, |
|
Sec. 14 (part).) |
|
Sec.8179.154.PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. |
|
The district is not required to pay a tax or assessment on: |
|
(1) district property; or |
|
(2) a purchase made by the district. (V.A.C.S. Art. |
|
8280-403, Sec. 24 (part).) |
|
Sec.8179.155.DIRECTOR AS SHAREHOLDER IN DEPOSITORY. A |
|
director may be a shareholder in a depository of district funds. |
|
(V.A.C.S. Art. 8280-403, Sec. 14 (part).) |
|
[Sections 8179.156-8179.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec.8179.201.USE OF BOND PROCEEDS DURING CONSTRUCTION. |
|
(a) The district may appropriate or set aside out of the proceeds |
|
from the sale of any bonds issued under this chapter an amount for |
|
the payment of interest, administrative, and operating expenses |
|
expected to accrue during a period of construction, as may be |
|
provided in the bond orders or resolutions. |
|
(b) For purposes of this section, the period of construction |
|
may not exceed three years. (V.A.C.S. Art. 8280-403, Sec. 12 |
|
(part).) |
|
CHAPTER 8180. CYPRESS FOREST PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8180.001. DEFINITION |
|
Sec. 8180.002. NATURE OF DISTRICT |
|
Sec. 8180.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8180.004. DISTRICT TERRITORY |
|
[Sections 8180.005-8180.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8180.051. COMPOSITION OF BOARD |
|
[Sections 8180.052-8180.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8180.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8180. CYPRESS FOREST PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8180.001.DEFINITION. In this chapter, "district" |
|
means Cypress Forest Public Utility District. (V.A.C.S. Art. |
|
8280-479, Sec. 1 (part).) |
|
Sec.8180.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (V.A.C.S. Art. |
|
8280-479, Sec. 1 (part).) |
|
Sec.8180.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(V.A.C.S. Art. 8280-479, Secs. 1 (part), 3.) |
|
Sec.8180.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 195, Acts |
|
of the 62nd Legislature, Regular Session, 1971 (Article 8280-479, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (V.A.C.S. Art. 8280-479, Sec. 2; New.) |
|
[Sections 8180.005-8180.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8180.051.COMPOSITION OF BOARD. The board of |
|
directors is composed of five elected directors. (V.A.C.S. Art. |
|
8280-479, Sec. 6 (part).) |
|
[Sections 8180.052-8180.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8180.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district, |
|
including Chapters 49 and 54, Water Code. (V.A.C.S. Art. 8280-479, |
|
Sec. 5 (part); New.) |
|
CHAPTER 8181. CYPRESS-KLEIN UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8181.001. DEFINITION |
|
Sec. 8181.002. NATURE OF DISTRICT |
|
Sec. 8181.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8181.004. DISTRICT TERRITORY |
|
[Sections 8181.005-8181.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8181.051. COMPOSITION OF BOARD |
|
[Sections 8181.052-8181.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8181.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8181. CYPRESS-KLEIN UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8181.001.DEFINITION. In this chapter, "district" |
|
means the Cypress-Klein Utility District. (V.A.C.S. Art. 8280-542, |
|
Sec. 1 (part).) |
|
Sec.8181.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (V.A.C.S. Art. |
|
8280-542, Sec. 1 (part).) |
|
Sec.8181.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(V.A.C.S. Art. 8280-542, Secs. 1 (part), 3.) |
|
Sec.8181.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 654, Acts |
|
of the 62nd Legislature, Regular Session, 1971 (Article 8280-542, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (V.A.C.S. Art. 8280-542, Sec. 2; New.) |
|
[Sections 8181.005-8181.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8181.051.COMPOSITION OF BOARD. The board of |
|
directors is composed of five elected directors. (V.A.C.S. Art. |
|
8280-542, Sec. 6 (part).) |
|
[Sections 8181.052-8181.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8181.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district, |
|
including Chapters 49 and 54, Water Code. (V.A.C.S. Art. 8280-542, |
|
Sec. 5 (part); New.) |
|
CHAPTER 8182. CYPRESSWOOD UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8182.001. DEFINITION |
|
Sec. 8182.002. NATURE OF DISTRICT |
|
Sec. 8182.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8182.004. DISTRICT TERRITORY |
|
[Sections 8182.005-8182.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8182.051. COMPOSITION OF BOARD |
|
[Sections 8182.052-8182.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8182.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8182. CYPRESSWOOD UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8182.001.DEFINITION. In this chapter, "district" |
|
means the Cypresswood Utility District. (V.A.C.S. Art. 8280-515, |
|
Sec. 1 (part).) |
|
Sec.8182.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (V.A.C.S. Art. |
|
8280-515, Sec. 1 (part).) |
|
Sec.8182.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(V.A.C.S. Art. 8280-515, Secs. 1 (part), 3.) |
|
Sec.8182.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 576, Acts |
|
of the 62nd Legislature, Regular Session, 1971 (Article 8280-515, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (V.A.C.S. Art. 8280-515, Sec. 2; New.) |
|
[Sections 8182.005-8182.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8182.051.COMPOSITION OF BOARD. The board of |
|
directors is composed of five elected directors. (V.A.C.S. Art. |
|
8280-515, Sec. 6 (part).) |
|
[Sections 8182.052-8182.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8182.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district, |
|
including Chapters 49 and 54, Water Code. (V.A.C.S. Art. 8280-515, |
|
Sec. 5 (part); New.) |
|
CHAPTER 8183. DELTA COUNTY MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8183.001. DEFINITIONS |
|
Sec. 8183.002. NATURE OF DISTRICT |
|
Sec. 8183.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
[Sections 8183.004-8183.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS |
|
TO DISTRICT TERRITORY |
|
Sec. 8183.051. DISTRICT TERRITORY |
|
Sec. 8183.052. ANNEXATION OF TERRITORY |
|
Sec. 8183.053. RESTRICTION ON ANNEXATION OF RAILROAD |
|
RIGHT-OF-WAY |
|
[Sections 8183.054-8183.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec. 8183.101. QUALIFICATIONS FOR OFFICE |
|
Sec. 8183.102. APPOINTMENT OF SECRETARY AND TREASURER |
|
Sec. 8183.103. VOTE BY BOARD PRESIDENT |
|
Sec. 8183.104. DIRECTOR'S AND TREASURER'S BOND |
|
Sec. 8183.105. COMPENSATION |
|
[Sections 8183.106-8183.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL POWERS AND DUTIES |
|
Sec. 8183.151. CONTRACTS TO SUPPLY WATER OR SEWAGE |
|
SERVICES |
|
Sec. 8183.152. ACQUISITION OF LAND AND OTHER PROPERTY |
|
Sec. 8183.153. CONSTRUCTION CONTRACTS |
|
Sec. 8183.154. SURPLUS PROPERTY |
|
Sec. 8183.155. EMINENT DOMAIN |
|
Sec. 8183.156. COST OF RELOCATING PROPERTY |
|
[Sections 8183.157-8183.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8183.201. DEPOSITORY |
|
Sec. 8183.202. TAX ASSESSOR AND COLLECTOR |
|
Sec. 8183.203. PROJECTS EXEMPT FROM ASSESSMENT OR |
|
TAXATION |
|
[Sections 8183.204-8183.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 8183.251. AUTHORITY TO ISSUE BONDS |
|
Sec. 8183.252. FORM OF BONDS |
|
Sec. 8183.253. MATURITY |
|
Sec. 8183.254. ELECTION FOR BONDS PAYABLE FROM AD |
|
VALOREM TAX |
|
Sec. 8183.255. BONDS PAYABLE FROM REVENUE |
|
Sec. 8183.256. BONDS PAYABLE FROM AD VALOREM TAXES |
|
Sec. 8183.257. TAX AND RATE REQUIREMENTS |
|
Sec. 8183.258. ADDITIONAL SECURITY |
|
Sec. 8183.259. TRUST INDENTURE |
|
Sec. 8183.260. USE OF BOND PROCEEDS |
|
Sec. 8183.261. APPOINTMENT OF RECEIVER |
|
Sec. 8183.262. REFUNDING BONDS |
|
Sec. 8183.263. LIMITATION ON RIGHTS OF HOLDERS |
|
Sec. 8183.264. BONDS EXEMPT FROM TAXATION |
|
Sec. 8183.265. DETACHMENT OF TERRITORY AFTER ISSUANCE |
|
OF BONDS |
|
CHAPTER 8183. DELTA COUNTY MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8183.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Commissioners court" means the Commissioners |
|
Court of Delta County. |
|
(3) "Director" means a member of the board. |
|
(4) "District" means the Delta County Municipal |
|
Utility District. (V.A.C.S. Art. 8280-589, Sec. 1 (part); New.) |
|
Sec.8183.002.NATURE OF DISTRICT. The district is a |
|
municipal utility district and a conservation and reclamation |
|
district created under Section 59, Article XVI, Texas Constitution. |
|
(V.A.C.S. Art. 8280-589, Sec. 1 (part); New.) |
|
Sec.8183.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
All territory in the district will benefit from the works and |
|
improvements of the district. |
|
(b) The accomplishment of the purposes stated in this |
|
chapter is for the benefit of the people of this state for the |
|
improvement of their property and industries. In carrying out the |
|
purposes of this chapter, the district will be performing an |
|
essential public function under the constitution. (V.A.C.S. Art. |
|
8280-589, Secs. 2 (part), 17 (part).) |
|
[Sections 8183.004-8183.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS |
|
TO DISTRICT TERRITORY |
|
Sec.8183.051.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Delta County unless |
|
the district territory has been modified under this subchapter or |
|
other law. (V.A.C.S. Art. 8280-589, Sec. 2 (part); New.) |
|
Sec.8183.052.ANNEXATION OF TERRITORY. (a) The board may |
|
annex territory if a petition requesting annexation is signed by a |
|
majority of the registered voters of the territory who own taxable |
|
property in the territory and is filed with the board. The petition |
|
must describe the territory to be annexed by metes and bounds, or |
|
otherwise, except that if the territory is the same as that |
|
contained in the boundaries of a municipality, the petition is |
|
sufficient if it states that the territory to be annexed is the |
|
territory contained in the municipal boundaries. |
|
(b) If the board determines that the petition complies with |
|
Subsection (a), the board shall: |
|
(1) adopt a resolution stating the conditions, if any, |
|
under which the territory may be annexed to the district; and |
|
(2) set a time and place to hold a hearing on the |
|
question of whether the territory to be annexed will benefit from |
|
the improvements, works, or facilities owned or operated or |
|
contemplated to be owned or operated by the district. |
|
(c) At least 10 days before the date of the hearing, notice |
|
of the adoption of the resolution stating the time and place of the |
|
hearing and addressed to the citizens and owners of property in the |
|
territory to be annexed shall be published one time in a newspaper |
|
designated by the board that is of general circulation in the |
|
territory to be annexed. The notice must describe the territory in |
|
the same manner in which Subsection (a) requires the petition to |
|
describe the territory. |
|
(d) Any interested person may appear at the hearing and |
|
offer evidence for or against the annexation. |
|
(e) The hearing may proceed in the order and under the rules |
|
prescribed by the board and may be recessed from time to time. |
|
(f) If, at the conclusion of the hearing, the board finds |
|
that the land in the territory will benefit from the present or |
|
contemplated improvements, works, or facilities of the district, |
|
the board may adopt a resolution annexing the territory to the |
|
district. (V.A.C.S. Art. 8280-589, Secs. 5(a), (b) (part), (c), |
|
(d).) |
|
Sec. 8183.053. RESTRICTION ON ANNEXATION OF RAILROAD |
|
RIGHT-OF-WAY. (a) A railroad right-of-way may not be annexed to |
|
the district unless the right-of-way is contained in the limits of a |
|
municipality annexed at the same time or previously annexed to the |
|
district. |
|
(b) A railroad right-of-way that is not in the limits of a |
|
municipality will not benefit from improvements, works, and |
|
facilities the district is authorized to construct. (V.A.C.S. Art. |
|
8280-589, Sec. 5(b) (part).) |
|
[Sections 8183.054-8183.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec.8183.101.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be appointed a director unless the person resides in Delta |
|
County or in a county all or a portion of which is contained in the |
|
district. |
|
(b) A person may not be appointed a director unless the |
|
person resides in and owns taxable property in the district. |
|
(V.A.C.S. Art. 8280-589, Secs. 3(c) (part), 4 (part).) |
|
Sec.8183.102.APPOINTMENT OF SECRETARY AND TREASURER. The |
|
board shall appoint a secretary and a treasurer, who are not |
|
required to be directors. The board may combine the offices of |
|
secretary and treasurer. (V.A.C.S. Art. 8280-589, Sec. 4 (part).) |
|
Sec.8183.103.VOTE BY BOARD PRESIDENT. The president has |
|
the same right to vote as any other director. The vice president |
|
may not exercise the president's right to vote. (V.A.C.S. Art. |
|
8280-589, Sec. 4 (part).) |
|
Sec.8183.104.DIRECTOR'S AND TREASURER'S BOND. (a) Each |
|
director shall give bond in the amount of $5,000 conditioned on the |
|
faithful performance of the director's duties. |
|
(b) The treasurer shall give bond in the amount required by |
|
the board. The treasurer's bond shall be conditioned on the |
|
treasurer's faithful accounting for all money that comes into the |
|
treasurer's custody as treasurer of the district. (V.A.C.S. Art. |
|
8280-589, Secs. 3(c) (part), 4 (part).) |
|
Sec.8183.105.COMPENSATION. Unless the board by |
|
resolution increases the fee to an amount authorized by Section |
|
49.060, Water Code, each director: |
|
(1) shall receive a fee for attending each meeting of |
|
the board not to exceed $20 for a meeting or $40 in one calendar |
|
month; and |
|
(2) is entitled to an additional amount not to exceed |
|
$20 for each day that the director devotes to serving the business |
|
of the district if the service is expressly approved by the board. |
|
(V.A.C.S. Art. 8280-589, Sec. 3(d) (part).) |
|
[Sections 8183.106-8183.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL POWERS AND DUTIES |
|
Sec. 8183.151. CONTRACTS TO SUPPLY WATER OR SEWAGE |
|
SERVICES. (a) The district may contract with a municipality or |
|
other entity to supply to the entity water or sewage |
|
transportation, treatment, or disposal services. |
|
(b) The district may contract with a municipality for the |
|
rental or leasing of or for the operation of the municipality's |
|
water production, water supply, water filtration or purification, |
|
or water supply facilities or the municipality's sewage collection, |
|
treatment, and disposal system on the consideration agreed to by |
|
the district and the municipality. |
|
(c) The contract may be on terms and for the time agreed to |
|
by the parties. |
|
(d) The contract may provide that it will continue in effect |
|
until bonds specified in it and refunding bonds issued in lieu of |
|
the bonds are paid. |
|
(e) The district may contract with a municipality for the |
|
operation of the district's water and sewer system by the |
|
municipality. (V.A.C.S. Art. 8280-589, Sec. 14.) |
|
Sec.8183.152.ACQUISITION OF LAND AND OTHER PROPERTY. The |
|
district may acquire the fee simple title to land and other property |
|
or easements inside or outside the district and may construct, |
|
lease, or otherwise acquire all works, plants, and other facilities |
|
necessary or useful to: |
|
(1) divert, impound, store, or treat water for, or |
|
transport water to, municipalities and others inside or outside the |
|
district for municipal, domestic, industrial, or mining purposes; |
|
or |
|
(2) provide sewage collection, transportation, |
|
treatment, or disposal services to municipalities and others inside |
|
or outside the district. (V.A.C.S. Art. 8280-589, Sec. 6 (part).) |
|
Sec.8183.153.CONSTRUCTION CONTRACTS. (a) The district |
|
may award a construction contract that requires an expenditure of |
|
more than $5,000 only after publication of notice to bidders once |
|
each week for two weeks in a newspaper of general circulation in the |
|
district that is designated or approved by the board. |
|
(b) The notice is sufficient if it states: |
|
(1) the time and place for opening the bids; |
|
(2) the general nature of the work to be done or the |
|
material, equipment, or supplies to be purchased; and |
|
(3) the place where and the terms on which copies of |
|
the plans and specifications may be obtained. (V.A.C.S. Art. |
|
8280-589, Sec. 8.) |
|
Sec.8183.154.SURPLUS PROPERTY. Subject to the terms of a |
|
deed of trust issued by the district, the district may sell, trade, |
|
or otherwise dispose of property the board considers not needed for |
|
district purposes. (V.A.C.S. Art. 8280-589, Sec. 6 (part).) |
|
Sec.8183.155.EMINENT DOMAIN. (a) To carry out a power |
|
provided by this chapter, the district may exercise the power of |
|
eminent domain to acquire the fee simple title to land and other |
|
property and easements, inside or outside the district, including |
|
land needed for a reservoir, dam, or flood easement above the |
|
probable high-water line around a reservoir. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code. |
|
(c) The district is a municipal corporation for the purposes |
|
of Chapter 21, Property Code. |
|
(d) The district may not exercise the power of eminent |
|
domain to acquire property owned by any other political |
|
subdivision. |
|
(e) In exercising the power of eminent domain against a |
|
person that has the power of eminent domain or a receiver or trustee |
|
for that person, the district may acquire an easement only and not |
|
the fee title. |
|
(f) The board shall determine the amount of and the type of |
|
interest in land, other property, or easements to be acquired under |
|
this section. (V.A.C.S. Art. 8280-589, Sec. 7 (part).) |
|
Sec.8183.156.COST OF RELOCATING PROPERTY. If the |
|
district's exercise of any power granted under this chapter makes |
|
necessary relocating, raising, rerouting or changing the grade of, |
|
or altering the construction of any highway, railroad, electric |
|
transmission line, telephone or telegraph property and facility, or |
|
pipeline, the action shall be accomplished at the sole expense of |
|
the district. (V.A.C.S. Art. 8280-589, Sec. 6 (part).) |
|
[Sections 8183.157-8183.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec.8183.201.DEPOSITORY. (a) The board shall designate |
|
one or more banks inside or outside the district to serve as |
|
depository for district money. |
|
(b) All district money shall be deposited in a designated |
|
depository, except that: |
|
(1) bond proceeds and money pledged to pay bonds, to |
|
the extent provided in the indenture, may be deposited with the |
|
trustee bank named in the trust indenture; and |
|
(2) money shall be remitted to the bank of payment for |
|
the payment of principal of and interest on the bonds. |
|
(c) To the extent that money in a depository bank or the |
|
trustee bank is not insured by the Federal Deposit Insurance |
|
Corporation, the money must be secured in the manner provided by law |
|
for the security of county funds. |
|
(d) The board shall prescribe the terms of service for |
|
depositories. |
|
(e) Before designating a depository bank, the board shall: |
|
(1) publish notice one time in a newspaper of general |
|
circulation in the district that is specified by the board; or |
|
(2) mail a copy of the notice to each bank in the |
|
district. |
|
(f) The notice must: |
|
(1) state the time and place at which the board will |
|
meet to designate a depository bank or banks; and |
|
(2) invite each bank in the district to submit an |
|
application to be designated as a depository. |
|
(g) At the time stated in the notice, the board shall: |
|
(1) consider the applications and the management and |
|
condition of each bank; and |
|
(2) designate as a depository the bank or banks: |
|
(A) that offer the most favorable terms for the |
|
handling of the money; and |
|
(B) that the board finds have proper management |
|
and are in condition to handle the money. |
|
(h) Membership on the board of an officer or director of a |
|
bank does not disqualify the bank from being designated as a |
|
depository. |
|
(i) If the board does not receive any applications before |
|
the time stated in the notice, the board shall designate one or more |
|
banks inside or outside the district on terms that the board finds |
|
advantageous to the district. (V.A.C.S. Art. 8280-589, Sec. 15.) |
|
Sec.8183.202.TAX ASSESSOR AND COLLECTOR. Before the sale |
|
and delivery of district bonds payable wholly or partly from ad |
|
valorem taxes, the board may appoint a tax assessor and collector. |
|
(V.A.C.S. Art. 8280-589, Sec. 18(b) (part).) |
|
Sec.8183.203.PROJECTS EXEMPT FROM ASSESSMENT OR TAXATION. |
|
The district is not required to pay a tax or assessment on a project |
|
or any part of a project. (V.A.C.S. Art. 8280-589, Sec. 17 (part).) |
|
[Sections 8183.204-8183.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec.8183.251.AUTHORITY TO ISSUE BONDS. The district may |
|
issue bonds to carry out any power conferred by this chapter. The |
|
bonds must be authorized by a board resolution. (V.A.C.S. Art. |
|
8280-589, Secs. 9(a) (part), (b) (part), (c) (part).) |
|
Sec.8183.252.FORM OF BONDS. A district bond must be: |
|
(1) issued in the district's name; |
|
(2) signed by the president or vice president; and |
|
(3) attested by the secretary. (V.A.C.S. Art. |
|
8280-589, Sec. 9(b) (part).) |
|
Sec.8183.253.MATURITY. District bonds must mature not |
|
later than 40 years after their date of issuance. (V.A.C.S. Art. |
|
8280-589, Sec. 9(b) (part).) |
|
Sec. 8183.254. ELECTION FOR BONDS PAYABLE FROM AD VALOREM |
|
TAX. (a) Bonds, other than refunding bonds, payable wholly or |
|
partly from ad valorem taxes may not be issued unless authorized by |
|
a majority of the district voters voting at an election. |
|
(b) The board may order an election under this section |
|
without a petition. The order must specify: |
|
(1) the time and places at which the election will be |
|
held; |
|
(2) the purpose for which the bonds will be issued; |
|
(3) the maximum amount of the bonds; |
|
(4) the maximum maturity of the bonds; |
|
(5) the form of the ballot; and |
|
(6) the presiding judge for each voting place. |
|
(c) Notice of the election must be given by publishing a |
|
substantial copy of the order calling the election in a newspaper of |
|
general circulation in each municipality located in the district. |
|
The notice must be published once a week for two consecutive weeks. |
|
The first publication must be not later than the 21st day before the |
|
date of the election. (V.A.C.S. Art. 8280-589, Secs. 12(a) (part), |
|
(b) (part).) |
|
Sec.8183.255.BONDS PAYABLE FROM REVENUE. (a) Bonds |
|
issued under this subchapter may be secured under board resolution |
|
by a pledge of: |
|
(1) all or part of the net revenue of the district; |
|
(2) the net revenue of one or more contracts made |
|
before or after the issuance of the bonds; or |
|
(3) other revenue or income specified by resolution of |
|
the board or in the trust indenture. |
|
(b) The pledge may reserve the right to issue additional |
|
bonds on a parity with, or subordinate to, the bond being issued, |
|
subject to conditions specified in the pledge. |
|
(c) Bonds not payable wholly or partly from ad valorem taxes |
|
may be issued without an election. (V.A.C.S. Art. 8280-589, Secs. |
|
9(a) (part), (d), 12(a) (part).) |
|
Sec.8183.256.BONDS PAYABLE FROM AD VALOREM TAXES. The |
|
district may issue bonds payable, as pledged by board resolution, |
|
from: |
|
(1) ad valorem taxes imposed on taxable property in |
|
the district; or |
|
(2) ad valorem taxes and revenue of the district. |
|
(V.A.C.S. Art. 8280-589, Secs. 9(a) (part), (e) (part).) |
|
Sec.8183.257.TAX AND RATE REQUIREMENTS. (a) If the |
|
district issues bonds payable wholly or partly from ad valorem |
|
taxes, the board shall impose a tax sufficient to pay the bonds and |
|
the interest on the bonds as the bonds and interest become due. The |
|
board may adopt the rate of the tax after considering the money |
|
received from the other pledged revenue available for payment of |
|
principal and interest to the extent and in the manner permitted by |
|
the resolution authorizing the issuance of the bonds. |
|
(b) If the district issues bonds payable wholly or partly |
|
from revenue, the board shall set and revise the rates of |
|
compensation for water sold and services rendered by the district. |
|
(c) For bonds payable wholly from revenue, the rates of |
|
compensation must be sufficient to: |
|
(1) pay the expense of operating and maintaining the |
|
facilities of the district; |
|
(2) pay the bonds as they mature and the interest as it |
|
accrues; and |
|
(3) maintain the reserve and other funds as provided |
|
in the resolution authorizing the issuance of the bonds. |
|
(d) For bonds payable partly from revenue, the rates of |
|
compensation must be sufficient to assure compliance with the |
|
resolution authorizing the issuance of the bonds or the trust |
|
indenture securing the bonds. (V.A.C.S. Art. 8280-589, Secs. 9(e) |
|
(part), (f).) |
|
Sec.8183.258.ADDITIONAL SECURITY. (a) Bonds not payable |
|
wholly from ad valorem taxes may be additionally secured, at the |
|
discretion of the board, by a deed of trust or mortgage lien on |
|
physical property of the district, franchises, easements, water |
|
rights and appropriation permits, leases, contracts, and all rights |
|
appurtenant to the property, vesting in the trustee the power to: |
|
(1) sell the property for the payment of the debt; |
|
(2) operate the property; and |
|
(3) take other action to further secure the bonds. |
|
(b) A purchaser under a sale under the deed of trust lien, if |
|
one is given: |
|
(1) is the absolute owner of property, facilities, and |
|
rights purchased; and |
|
(2) is entitled to maintain and operate the property, |
|
facilities, and rights. (V.A.C.S. Art. 8280-589, Sec. 11 (part).) |
|
Sec.8183.259.TRUST INDENTURE. (a) A bond issued under |
|
this subchapter, including a refunding bond, that is not payable |
|
wholly from ad valorem taxes may be additionally secured by a trust |
|
indenture. The trustee may be a bank with trust powers located |
|
inside or outside this state. |
|
(b) A trust indenture, regardless of the existence of the |
|
deed of trust or mortgage lien on the property, may: |
|
(1) provide for the security of the bonds and the |
|
preservation of the trust estate in the manner prescribed by the |
|
board; |
|
(2) provide for amendment or modification of the trust |
|
indenture; |
|
(3) provide for the issuance of bonds to replace lost |
|
or mutilated bonds; |
|
(4) condition the right to spend district money or |
|
sell district property on the approval of a licensed engineer |
|
selected as provided by the trust indenture; and |
|
(5) provide for the investment of district money. |
|
(V.A.C.S. Art. 8280-589, Sec. 11 (part).) |
|
Sec.8183.260.USE OF BOND PROCEEDS. (a) The district may |
|
set aside an amount of proceeds from the sale of bonds issued under |
|
this subchapter for: |
|
(1) payment of interest expected to accrue during |
|
construction; |
|
(2) a reserve interest and sinking fund; and |
|
(3) any other fund provided for in the resolution |
|
authorizing the bonds or in the trust indenture. |
|
(b) The district may use proceeds from the sale of the bonds |
|
to pay any expense necessarily incurred in accomplishing the |
|
purpose of the district, including any expense of issuing and |
|
selling the bonds. |
|
(c) The district may temporarily invest proceeds from the |
|
sale of the bonds and other district funds in securities that are |
|
specified in the bond resolution or the trust indenture. (V.A.C.S. |
|
Art. 8280-589, Sec. 9(g).) |
|
Sec.8183.261.APPOINTMENT OF RECEIVER. (a) On default or |
|
threatened default in the payment of principal of or interest on |
|
bonds issued under this subchapter that are payable wholly or |
|
partly from revenue, a court may, on petition of the holders of |
|
outstanding bonds, appoint a receiver for the district. |
|
(b) The receiver may collect and receive all district income |
|
except taxes, employ and discharge district agents and employees, |
|
take charge of money on hand except money received from taxes, |
|
unless commingled, and manage the proprietary affairs of the |
|
district without consent or hindrance by the board. |
|
(c) The receiver may be authorized to sell or contract for |
|
the sale of water or to renew those contracts with the approval of |
|
the court that appointed the receiver. |
|
(d) The court may vest the receiver with any other power or |
|
duty the court finds necessary to protect the bondholders. |
|
(V.A.C.S. Art. 8280-589, Sec. 9(h) (part).) |
|
Sec.8183.262.REFUNDING BONDS. (a) The district may issue |
|
refunding bonds to refund outstanding bonds issued under this |
|
subchapter and interest on those bonds. |
|
(b) Refunding bonds may: |
|
(1) be issued to refund bonds of more than one series; |
|
(2) combine the pledges for the outstanding bonds for |
|
the security of the refunding bonds; or |
|
(3) be secured by a pledge of other or additional |
|
revenue or mortgage liens. |
|
(c) The provisions of this subchapter regarding the |
|
issuance of other bonds, their security, and the remedies of the |
|
holders apply to refunding bonds. |
|
(d) The comptroller shall register the refunding bonds on |
|
surrender and cancellation of the bonds to be refunded. |
|
(e) Instead of issuing bonds to be registered on the |
|
surrender and cancellation of the bonds to be refunded, the |
|
district, in the resolution authorizing the issuance of the |
|
refunding bonds, may provide for the sale of the refunding bonds and |
|
the deposit of the proceeds in a bank at which the bonds to be |
|
refunded are payable. In that case, the refunding bonds may be |
|
issued in an amount sufficient to pay the principal of and interest |
|
on the bonds to be refunded to their option date or maturity date, |
|
and the comptroller shall register the refunding bonds without the |
|
concurrent surrender and cancellation of the bonds to be refunded. |
|
(f) An election is not required for refunding bonds. |
|
(V.A.C.S. Art. 8280-589, Sec. 10.) |
|
Sec.8183.263.LIMITATION ON RIGHTS OF HOLDERS. The |
|
resolution authorizing the bonds or the trust indenture securing |
|
the bonds may limit or qualify the rights of the holders of less |
|
than all of the outstanding bonds payable from the same source to |
|
institute or prosecute litigation affecting the district's |
|
property or income. (V.A.C.S. Art. 8280-589, Sec. 9(h) (part).) |
|
Sec.8183.264.BONDS EXEMPT FROM TAXATION. A bond issued |
|
under this subchapter, the transfer of the bond, and income from the |
|
bond, including profits made on the sale of the bond, are exempt |
|
from taxation in this state. (V.A.C.S. Art. 8280-589, Sec. 17 |
|
(part).) |
|
Sec. 8183.265. DETACHMENT OF TERRITORY AFTER ISSUANCE OF |
|
BONDS. Territory may not be detached from the district after the |
|
issuance of bonds payable from revenue or taxes. (V.A.C.S. Art. |
|
8280-589, Sec. 12(a) (part).) |
|
CHAPTER 8184. DOWDELL PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8184.001. DEFINITION |
|
Sec. 8184.002. NATURE OF DISTRICT |
|
Sec. 8184.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8184.004. DISTRICT TERRITORY |
|
[Sections 8184.005-8184.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8184.051. COMPOSITION OF BOARD |
|
[Sections 8184.052-8184.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8184.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8184. DOWDELL PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8184.001.DEFINITION. In this chapter, "district" |
|
means the Dowdell Public Utility District. (V.A.C.S. Art. |
|
8280-581, Sec. 1 (part).) |
|
Sec.8184.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (V.A.C.S. Art. |
|
8280-581, Sec. 1 (part).) |
|
Sec.8184.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(V.A.C.S. Art. 8280-581, Secs. 1 (part), 3.) |
|
Sec.8184.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 697, Acts |
|
of the 62nd Legislature, Regular Session, 1971 (Article 8280-581, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (V.A.C.S. Art. 8280-581, Sec. 2; New.) |
|
[Sections 8184.005-8184.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8184.051.COMPOSITION OF BOARD. The board of |
|
directors is composed of five elected directors. (V.A.C.S. Art. |
|
8280-581, Sec. 6 (part).) |
|
[Sections 8184.052-8184.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8184.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district, |
|
including Chapters 49 and 54, Water Code. (V.A.C.S. Art. 8280-581, |
|
Sec. 5 (part); New.) |
|
CHAPTER 8186. EAST MONTGOMERY COUNTY MUNICIPAL |
|
UTILITY DISTRICT NO. 3 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8186.001. DEFINITION |
|
Sec. 8186.002. NATURE OF DISTRICT |
|
Sec. 8186.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8186.004. DISTRICT TERRITORY |
|
[Sections 8186.005-8186.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8186.051. COMPOSITION OF BOARD; TERMS |
|
[Sections 8186.052-8186.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8186.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8186.102. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCES OR RESOLUTIONS |
|
CHAPTER 8186. EAST MONTGOMERY COUNTY MUNICIPAL |
|
UTILITY DISTRICT NO. 3 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8186.001.DEFINITION. In this chapter, "district" |
|
means the East Montgomery County Municipal Utility District No. 3. |
|
(Acts 77th Leg., R.S., Ch. 1385, Sec. 2.) |
|
Sec.8186.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Montgomery County, |
|
created under Section 59, Article XVI, Texas Constitution. (Acts |
|
77th Leg., R.S., Ch. 1385, Secs. 1(a) (part), (b) (part).) |
|
Sec.8186.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
77th Leg., R.S., Ch. 1385, Secs. 1(b) (part), 5.) |
|
Sec.8186.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3, Chapter 1385, |
|
Acts of the 77th Legislature, Regular Session, 2001, as that |
|
territory may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the validity of district bonds, notes, or other |
|
indebtedness; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 77th Leg., R.S., Ch. 1385, Sec. 4; New.) |
|
[Sections 8186.005-8186.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8186.051.COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 77th |
|
Leg., R.S., Ch. 1385, Secs. 7(a), (d).) |
|
[Sections 8186.052-8186.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8186.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, functions, and duties |
|
provided by general law applicable to a municipal utility district |
|
created under Section 59, Article XVI, Texas Constitution, |
|
including Chapters 49, 50, and 54, Water Code. (Acts 77th Leg., |
|
R.S., Ch. 1385, Sec. 6(a) (part).) |
|
Sec. 8186.102. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section |
|
54.016, Water Code, the district shall comply with all applicable |
|
requirements of any ordinance or resolution adopted by any |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the district is located, including an ordinance or |
|
resolution adopted before September 1, 2001, that consents to the |
|
creation of the district or to the inclusion of lands in the |
|
district. (Acts 77th Leg., R.S., Ch. 1385, Sec. 11.) |
|
CHAPTER 8187. GOBER MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8187.001. DEFINITIONS |
|
Sec. 8187.002. NATURE OF DISTRICT |
|
Sec. 8187.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8187.004. DISTRICT TERRITORY |
|
[Sections 8187.005-8187.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8187.051. COMPOSITION OF BOARD; TERMS |
|
[Sections 8187.052-8187.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8187.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8187. GOBER MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8187.001.DEFINITIONS. In this chapter: |
|
(1) "Director" means a member of the district's board |
|
of directors. |
|
(2) "District" means the Gober Municipal Utility |
|
District. (Acts 75th Leg., R.S., Ch. 756, Sec. 2; New.) |
|
Sec.8187.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Fannin County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 75th |
|
Leg., R.S., Ch. 756, Secs. 1(a) (part), (b) (part).) |
|
Sec.8187.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property in the district will benefit |
|
from the works and projects to be accomplished by the district under |
|
powers conferred by Section 59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
75th Leg., R.S., Ch. 756, Secs. 1(b) (part), 5.) |
|
Sec.8187.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3, Chapter 756, Acts |
|
of the 75th Legislature, Regular Session, 1997, as that territory |
|
may have been modified under: |
|
(1) Subchapter J, Chapter 49, Water Code; |
|
(2) Subchapter H, Chapter 54, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to impose a tax; or |
|
(3) the legality or operation of the district or its |
|
governing body. (New; Acts 75th Leg., R.S., Ch. 756, Sec. 4.) |
|
[Sections 8187.005-8187.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8187.051.COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered terms of four years. (Acts |
|
75th Leg., R.S., Ch. 756, Secs. 7(a), (d).) |
|
[Sections 8187.052-8187.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8187.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, functions, and duties |
|
provided by general law applicable to a municipal utility district |
|
created under Section 59, Article XVI, Texas Constitution, |
|
including Chapters 49 and 54, Water Code. (Acts 75th Leg., R.S., |
|
Ch. 756, Sec. 6(a) (part).) |
|
CHAPTER 8188. GRANT ROAD PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8188.001. DEFINITION |
|
Sec. 8188.002. NATURE OF DISTRICT |
|
Sec. 8188.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8188.004. DISTRICT TERRITORY |
|
[Sections 8188.005-8188.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8188.051. COMPOSITION OF BOARD |
|
[Sections 8188.052-8188.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8188.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8188. GRANT ROAD PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8188.001.DEFINITION. In this chapter, "district" |
|
means the Grant Road Public Utility District. (V.A.C.S. Art. |
|
8280-504, Sec. 1 (part).) |
|
Sec.8188.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County, created |
|
under Section 59, Article XVI, Texas Constitution. (V.A.C.S. Art. |
|
8280-504, Sec. 1 (part).) |
|
Sec.8188.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(V.A.C.S. Art. 8280-504, Secs. 1 (part), 3.) |
|
Sec.8188.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 474, Acts |
|
of the 62nd Legislature, Regular Session, 1971 (Article 8280-504, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (V.A.C.S. Art. 8280-504, Sec. 2; New.) |
|
[Sections 8188.005-8188.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8188.051.COMPOSITION OF BOARD. The board of |
|
directors is composed of five elected directors. (V.A.C.S. Art. |
|
8280-504, Sec. 6 (part).) |
|
[Sections 8188.052-8188.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8188.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district, |
|
including Chapters 49 and 54, Water Code. (V.A.C.S. Art. 8280-504, |
|
Sec. 5 (part).) |
|
CHAPTER 8191. HACIENDAS DEL NORTE WATER IMPROVEMENT DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8191.001. DEFINITION |
|
Sec. 8191.002. NATURE OF DISTRICT |
|
Sec. 8191.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8191.004. DISTRICT TERRITORY |
|
[Sections 8191.005-8191.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8191.051. COMPOSITION OF BOARD |
|
[Sections 8191.052-8191.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8191.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8191. HACIENDAS DEL NORTE WATER IMPROVEMENT DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8191.001.DEFINITION. In this chapter, "district" |
|
means the Haciendas Del Norte Water Improvement District. (Acts |
|
67th Leg., R.S., Ch. 104, Sec. 1 (part).) |
|
Sec.8191.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in El Paso County, created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 67th |
|
Leg., R.S., Ch. 104, Sec. 1 (part).) |
|
Sec.8191.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
67th Leg., R.S., Ch. 104, Secs. 1 (part), 3.) |
|
Sec.8191.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 104, Acts |
|
of the 67th Legislature, Regular Session, 1981, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 67th Leg., R.S., Ch. 104, Sec. 2; New.) |
|
[Sections 8191.005-8191.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8191.051.COMPOSITION OF BOARD. The board of |
|
directors is composed of five elected directors. (Acts 67th Leg., |
|
R.S., Ch. 104, Sec. 6 (part).) |
|
[Sections 8191.052-8191.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8191.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district, |
|
including Chapters 49 and 54, Water Code. (Acts 67th Leg., R.S., |
|
Ch. 104, Sec. 5 (part).) |
|
CHAPTER 8192. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 233 |
|
OF HARRIS COUNTY, TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8192.001. DEFINITION |
|
Sec. 8192.002. NATURE OF DISTRICT |
|
Sec. 8192.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8192.004. DISTRICT TERRITORY |
|
[Sections 8192.005-8192.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8192.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8192.052. BOARD VACANCY |
|
[Sections 8192.053-8192.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8192.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8192.102. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCES OR RESOLUTIONS |
|
CHAPTER 8192. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 233 |
|
OF HARRIS COUNTY, TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8192.001.DEFINITION. In this chapter, "district" |
|
means the Harris County Municipal Utility District No. 233 of |
|
Harris County, Texas. (Acts 68th Leg., R.S., Ch. 704, Sec. 1 |
|
(part).) |
|
Sec.8192.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County, created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 68th |
|
Leg., R.S., Ch. 704, Sec. 1 (part).) |
|
Sec.8192.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
68th Leg., R.S., Ch. 704, Secs. 1 (part), 4.) |
|
Sec.8192.004.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 2, Chapter 704, Acts |
|
of the 68th Legislature, Regular Session, 1983, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue bonds for a purpose |
|
for which the district is created or to pay the principal of and |
|
interest on the bonds; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 68th Leg., R.S., Ch. 704, Sec. 3; New.) |
|
[Sections 8192.005-8192.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8192.051.COMPOSITION OF BOARD; TERMS. (a) The board |
|
of directors is composed of five elected directors. |
|
(b) Directors serve staggered four-year terms, with two or |
|
three directors elected at each election. (Acts 68th Leg., R.S., |
|
Ch. 704, Sec. 6 (part).) |
|
Sec.8192.052.BOARD VACANCY. If at any time there are fewer |
|
than three qualified directors for any reason, on petition of a |
|
landowner in the district, the Texas Commission on Environmental |
|
Quality shall appoint the necessary number of directors to fill all |
|
vacancies on the board. (Acts 68th Leg., R.S., Ch. 704, Sec. 6 |
|
(part).) |
|
[Sections 8192.053-8192.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec.8192.101.MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district, |
|
including Chapters 49 and 54, Water Code. (Acts 68th Leg., R.S., |
|
Ch. 704, Sec. 5 (part).) |
|
Sec. 8192.102. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCES OR RESOLUTIONS. The district shall comply with all |
|
applicable requirements of a Houston City Council ordinance or |
|
resolution that consented to the creation of the district or the |
|
inclusion of land in the district. (Acts 68th Leg., R.S., Ch. 704, |
|
Sec. 7 (part).) |
|
SECTION 1.11. Subtitle H, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 8806 to read as follows: |
|
CHAPTER 8806. COKE COUNTY UNDERGROUND WATER |
|
CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8806.001. DEFINITIONS |
|
Sec. 8806.002. NATURE OF DISTRICT |
|
Sec. 8806.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8806.004. DISTRICT TERRITORY |
|
Sec. 8806.005. ADMINISTRATIVE PROCEDURES |
|
Sec. 8806.006. CONFLICT OF LAW |
|
[Sections 8806.007-8806.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8806.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8806.052. METHOD OF ELECTING DIRECTORS |
|
Sec. 8806.053. ELECTION DATE |
|
Sec. 8806.054. QUALIFICATIONS FOR ELECTION |
|
[Sections 8806.055-8806.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8806.101. GENERAL RIGHTS, POWERS, DUTIES, |
|
PRIVILEGES, AND FUNCTIONS |
|
Sec. 8806.102. WELL PERMITS |
|
Sec. 8806.103. WELL SPACING AND PRODUCTION |
|
Sec. 8806.104. RECORDS, REPORTS, AND LOGS |
|
Sec. 8806.105. ACQUISITION OF LAND |
|
Sec. 8806.106. RECHARGE OF RESERVOIR |
|
Sec. 8806.107. SURVEYS |
|
Sec. 8806.108. DISTRICT PLANS |
|
Sec. 8806.109. RESEARCH PROJECTS |
|
Sec. 8806.110. COLLECTION AND PRESERVATION OF |
|
INFORMATION |
|
Sec. 8806.111. DISSEMINATION OF PLANS AND INFORMATION |
|
Sec. 8806.112. CONTRACT FOR AND SALE AND DISTRIBUTION |
|
OF WATER |
|
Sec. 8806.113. ANNEXATION |
|
Sec. 8806.114. DISSOLUTION |
|
CHAPTER 8806. COKE COUNTY UNDERGROUND WATER |
|
CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.8806.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Coke County Underground Water |
|
Conservation District. (Acts 69th Leg., R.S., Ch. 950, Sec. 2; |
|
New.) |
|
Sec.8806.002.NATURE OF DISTRICT. The district is created |
|
under Section 59, Article XVI, Texas Constitution, to provide for |
|
the conservation, preservation, protection, recharge, and |
|
prevention of waste of the groundwater reservoirs located under |
|
district land, consistent with the objectives of Section 59, |
|
Article XVI, Texas Constitution, and Chapters 36 and 51, Water |
|
Code. (Acts 69th Leg., R.S., Ch. 950, Secs. 1 (part), 4.) |
|
Sec.8806.003.FINDINGS OF PUBLIC USE AND BENEFIT. (a) The |
|
district is created to serve a public use and benefit. |
|
(b) Land included in the boundaries of the district will |
|
benefit. (Acts 69th Leg., R.S., Ch. 950, Sec. 8(a).) |
|
Sec.8806.004.DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Coke County, Texas. |
|
(Acts 69th Leg., R.S., Ch. 950, Sec. 3.) |
|
Sec.8806.005.ADMINISTRATIVE PROCEDURES. The |
|
administrative and procedural provisions of Chapters 36 and 51, |
|
Water Code, apply to the district. (Acts 69th Leg., R.S., Ch. 950, |
|
Sec. 6 (part).) |
|
Sec.8806.006.CONFLICT OF LAW. If there is a conflict |
|
between Chapters 36 and 51, Water Code, Chapter 36 controls. (Acts |
|
69th Leg., R.S., Ch. 950, Sec. 13 (part).) |
|
[Sections 8806.007-8806.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec.8806.051.COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 69th |
|
Leg., R.S., Ch. 950, Secs. 12(a), (f); Acts 72nd Leg., R.S., Ch. |
|
197, Sec. 3(b) (part).) |
|
Sec.8806.052.METHOD OF ELECTING DIRECTORS. One director |
|
is elected from each county commissioners precinct in Coke County |
|
and one director is elected at large. (Acts 69th Leg., R.S., Ch. |
|
950, Sec. 12(c).) |
|
Sec.8806.053.ELECTION DATE. The district shall hold an |
|
election in the district to elect directors on the uniform election |
|
date in May of each odd-numbered year. (Acts 69th Leg., R.S., Ch. |
|
950, Sec. 12(e).) |
|
Sec.8806.054.QUALIFICATIONS FOR ELECTION. (a) To be |
|
qualified for election as a director, a person must be: |
|
(1) a resident of the district; and |
|
(2) at least 21 years of age. |
|
(b) To be qualified for election as a director from a |
|
precinct, a person must reside in that precinct. (Acts 69th Leg., |
|
R.S., Ch. 950, Secs. 12(b), (d).) |
|
[Sections 8806.055-8806.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8806.101. GENERAL RIGHTS, POWERS, DUTIES, PRIVILEGES, |
|
AND FUNCTIONS. The district has: |
|
(1) the powers essential to accomplish the purposes of |
|
Section 59, Article XVI, Texas Constitution; and |
|
(2) the rights, powers, duties, privileges, and |
|
functions provided by this chapter, Chapters 36 and 51, Water Code, |
|
and other laws of this state relating to groundwater conservation |
|
districts. (Acts 69th Leg., R.S., Ch. 950, Secs. 1 (part), 5(a).) |
|
Sec.8806.102.WELL PERMITS. (a) The board may: |
|
(1) require a permit for drilling, equipping, or |
|
completing a well in the groundwater reservoir; and |
|
(2) issue a permit subject to terms and provisions |
|
relating to drilling, equipping, or completing a well that are |
|
necessary to prevent waste or conserve, preserve, and protect |
|
groundwater. |
|
(b) The board may not deny an owner of land, or the owner's |
|
heirs, assigns, and lessees, a permit to drill a well on that land |
|
or the right to produce groundwater from that well subject to rules |
|
adopted under this chapter. (Acts 69th Leg., R.S., Ch. 950, Secs. |
|
5(c), (d) (part).) |
|
Sec.8806.103.WELL SPACING AND PRODUCTION. The board may: |
|
(1) provide for the spacing of wells producing from |
|
groundwater reservoirs; and |
|
(2) regulate the production from those wells to |
|
minimize as far as practicable the drawdown of the water table or |
|
the reduction of the artesian pressure. (Acts 69th Leg., R.S., Ch. |
|
950, Sec. 5(d) (part).) |
|
Sec.8806.104.RECORDS, REPORTS, AND LOGS. (a) The board |
|
may require that records be kept and reports be made of: |
|
(1) the drilling, equipping, and completing of a well |
|
into a groundwater reservoir; and |
|
(2) the taking and use of groundwater from that |
|
reservoir. |
|
(b) The board may require accurate driller's logs to be kept |
|
of a well described by Subsection (a)(1). |
|
(c) The board may require that a copy of a driller's log and |
|
of any electric log that may be made of a well be filed with the |
|
district. (Acts 69th Leg., R.S., Ch. 950, Sec. 5(e).) |
|
Sec.8806.105.ACQUISITION OF LAND. The district may |
|
acquire land to erect a dam or drain a lake, depression, or draw. |
|
(Acts 69th Leg., R.S., Ch. 950, Sec. 5(f) (part).) |
|
Sec.8806.106.RECHARGE OF RESERVOIR. The district may |
|
construct dams, drain lakes, depressions, draws, or creeks, and |
|
install pumps and other equipment necessary to recharge a |
|
groundwater reservoir. (Acts 69th Leg., R.S., Ch. 950, Sec. 5(f) |
|
(part).) |
|
Sec.8806.107.SURVEYS. The district may have a licensed |
|
engineer survey the groundwater of a groundwater reservoir and the |
|
facilities for the development, production, and use of that |
|
groundwater and determine the quantity of the groundwater available |
|
for production and use and the improvements, developments, and |
|
recharges needed for the groundwater reservoir. (Acts 69th Leg., |
|
R.S., Ch. 950, Sec. 5(g).) |
|
Sec.8806.108.DISTRICT PLANS. (a) The district may |
|
develop comprehensive plans for the most efficient use of the |
|
groundwater of a groundwater reservoir and for the control and |
|
prevention of waste of that groundwater. |
|
(b) The plans must specify in the amount of detail that may |
|
be practicable any act, procedure, performance, or avoidance |
|
necessary to effect those plans. (Acts 69th Leg., R.S., Ch. 950, |
|
Sec. 5(h).) |
|
Sec.8806.109.RESEARCH PROJECTS. The district may carry |
|
out research projects, develop information, and determine |
|
limitations, if any, that should be made on the withdrawal of |
|
groundwater from a groundwater reservoir. (Acts 69th Leg., R.S., |
|
Ch. 950, Sec. 5(i).) |
|
Sec.8806.110.COLLECTION AND PRESERVATION OF INFORMATION. |
|
The district may collect and preserve information regarding the use |
|
of groundwater and the practicability of recharge of a groundwater |
|
reservoir. (Acts 69th Leg., R.S., Ch. 950, Sec. 5(j).) |
|
Sec.8806.111.DISSEMINATION OF PLANS AND INFORMATION. The |
|
board may: |
|
(1) publish plans and information; |
|
(2) notify the users of groundwater in the district of |
|
the plans and information; and |
|
(3) encourage the adoption and execution of the plans. |
|
(Acts 69th Leg., R.S., Ch. 950, Sec. 5(k).) |
|
Sec. 8806.112. CONTRACT FOR AND SALE AND DISTRIBUTION OF |
|
WATER. The district may contract for, sell, and distribute water |
|
from a water import authority or other agency. (Acts 69th Leg., |
|
R.S., Ch. 950, Sec. 5(l).) |
|
Sec.8806.113.ANNEXATION. Territory may be added to the |
|
district under Subchapter J, Chapter 49, Water Code. The board |
|
shall determine to which precinct the annexed land is added for the |
|
purpose of electing directors. (Acts 69th Leg., R.S., Ch. 950, Sec. |
|
11.) |
|
Sec.8806.114.DISSOLUTION. Chapter 36, Water Code, |
|
applies to the dissolution of the district. (Acts 69th Leg., R.S., |
|
Ch. 950, Sec. 10.) |
|
SECTION 1.12. Subtitle I, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapters 9009, 9011, 9012, and 9013 |
|
to read as follows: |
|
CHAPTER 9009. ALICE WATER AUTHORITY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9009.001. DEFINITIONS |
|
Sec. 9009.002. NATURE OF AUTHORITY |
|
Sec. 9009.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 9009.004. CONSTRUCTION OF CHAPTER |
|
[Sections 9009.005-9009.050 reserved for expansion] |
|
SUBCHAPTER B. AUTHORITY TERRITORY AND ANNEXATIONS TO AUTHORITY |
|
TERRITORY |
|
Sec. 9009.051. AUTHORITY TERRITORY |
|
Sec. 9009.052. ANNEXATION OF CITY TERRITORY |
|
[Sections 9009.053-9009.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec. 9009.101. COMPOSITION OF BOARD; TERMS |
|
Sec. 9009.102. APPOINTMENT OF DIRECTORS |
|
Sec. 9009.103. QUALIFICATIONS FOR OFFICE |
|
Sec. 9009.104. VACANCY |
|
Sec. 9009.105. APPOINTMENT OF SECRETARY AND TREASURER |
|
Sec. 9009.106. VOTE BY BOARD PRESIDENT |
|
Sec. 9009.107. DIRECTOR'S AND TREASURER'S BOND |
|
Sec. 9009.108. COMPENSATION |
|
Sec. 9009.109. MANAGER |
|
[Sections 9009.110-9009.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL POWERS AND DUTIES |
|
Sec. 9009.151. ACQUISITION AND USE OF WATER FROM |
|
CORPUS CHRISTI |
|
Sec. 9009.152. WATER FACILITIES |
|
Sec. 9009.153. REGIONAL WASTE DISPOSAL |
|
Sec. 9009.154. APPROPRIATION PERMITS |
|
Sec. 9009.155. ACQUISITION OF PROPERTY |
|
Sec. 9009.156. GENERAL CONTRACT POWERS |
|
Sec. 9009.157. AWARD OF CERTAIN CONSTRUCTION CONTRACTS |
|
Sec. 9009.158. ASSIGNMENT OF CONTRACT RIGHTS |
|
[Sections 9009.159-9009.200 reserved for expansion] |
|
SUBCHAPTER E. EMINENT DOMAIN AND RELATED POWERS |
|
Sec. 9009.201. EMINENT DOMAIN IN JIM WELLS COUNTY |
|
Sec. 9009.202. EMINENT DOMAIN IN NUECES COUNTY |
|
Sec. 9009.203. DETERMINATION OF INTEREST TO BE |
|
ACQUIRED |
|
Sec. 9009.204. SURVEYS |
|
Sec. 9009.205. COST OF RELOCATING OR ALTERING PROPERTY |
|
[Sections 9009.206-9009.250 reserved for expansion] |
|
SUBCHAPTER F. REGULATORY POWERS |
|
Sec. 9009.251. ADOPTION OF RULES |
|
Sec. 9009.252. ENFORCEMENT OF RULES; PENALTY |
|
Sec. 9009.253. NOTICE OF RULE PROVIDING PENALTY |
|
Sec. 9009.254. JUDICIAL NOTICE OF RULES |
|
Sec. 9009.255. ENFORCEMENT BY PEACE OFFICERS |
|
[Sections 9009.256-9009.300 reserved for expansion] |
|
SUBCHAPTER G. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9009.301. DEPOSITORY |
|
Sec. 9009.302. TAX ASSESSOR AND COLLECTOR |
|
Sec. 9009.303. PROJECTS EXEMPT FROM ASSESSMENT OR |
|
TAXATION |
|
[Sections 9009.304-9009.350 reserved for expansion] |
|
SUBCHAPTER H. BONDS |
|
Sec. 9009.351. AUTHORITY TO ISSUE BONDS |
|
Sec. 9009.352. FORM OF BONDS |
|
Sec. 9009.353. MATURITY |
|
Sec. 9009.354. ELECTION FOR BONDS PAYABLE FROM AD |
|
VALOREM TAXES |
|
Sec. 9009.355. BONDS PAYABLE FROM REVENUE |
|
Sec. 9009.356. BONDS PAYABLE FROM AD VALOREM TAXES |
|
Sec. 9009.357. TAX AND RATE REQUIREMENTS |
|
Sec. 9009.358. ADDITIONAL SECURITY |
|
Sec. 9009.359. TRUST INDENTURE |
|
Sec. 9009.360. INTERIM BONDS OR NOTES |
|
Sec. 9009.361. USE OF BOND PROCEEDS |
|
Sec. 9009.362. APPOINTMENT OF RECEIVER |
|
Sec. 9009.363. REFUNDING BONDS |
|
Sec. 9009.364. LIMITATION ON RIGHTS OF HOLDERS |
|
Sec. 9009.365. BONDS EXEMPT FROM TAXATION |
|
CHAPTER 9009. ALICE WATER AUTHORITY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.9009.001.DEFINITIONS. In this chapter: |
|
(1) "Authority" means the Alice Water Authority. |
|
(2) "Board" means the board of directors of the |
|
authority. |
|
(3) "City" means the City of Alice. |
|
(4) "Corpus Christi" means the City of Corpus Christi. |
|
(5) "Director" means a member of the board. |
|
(6) "Nueces district" means the Lower Nueces Water |
|
Supply District. (V.A.C.S. Art. 8280-270, Secs. 1 (part), 3(a) |
|
(part), 6 (part); New.) |
|
Sec.9009.002.NATURE OF AUTHORITY. (a) The authority is a |
|
conservation and reclamation district created under Section 59, |
|
Article XVI, Texas Constitution. |
|
(b) The authority is an agency of this state. (V.A.C.S. |
|
Art. 8280-270, Sec. 1 (part).) |
|
Sec.9009.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
All territory and taxable property in the authority will benefit |
|
from the works and improvements of the authority. |
|
(b) The accomplishment of the purposes stated in this |
|
chapter, including the use, for municipal and industrial purposes, |
|
of stored water that otherwise would be wasted into the Gulf, is for |
|
the benefit of the people of this state and for the improvement of |
|
their property and industries. |
|
(c) In carrying out the purposes of this chapter, the |
|
authority will be performing an essential public function under the |
|
constitution. (V.A.C.S. Art. 8280-270, Secs. 2 (part), 20 (part).) |
|
Sec.9009.004.CONSTRUCTION OF CHAPTER. This chapter may |
|
not be interpreted as amending or repealing Section 11.024, Water |
|
Code, which provides for priorities for the use of water. (V.A.C.S. |
|
Art. 8280-270, Sec. 23.) |
|
[Sections 9009.005-9009.050 reserved for expansion] |
|
SUBCHAPTER B. AUTHORITY TERRITORY AND ANNEXATIONS TO AUTHORITY |
|
TERRITORY |
|
Sec.9009.051.AUTHORITY TERRITORY. The authority is |
|
composed of the territory that was contained in the city on January |
|
1, 1981, as that territory may have been modified under: |
|
(1) Subchapter J, Chapter 49, Water Code; |
|
(2) Section 5, Chapter 12, Acts of the 57th |
|
Legislature, 3rd Called Session, 1962 (Article 8280-270, Vernon's |
|
Texas Civil Statutes); |
|
(3) Section 9009.052; or |
|
(4) other law. (V.A.C.S. Art. 8280-270, Sec. 2 |
|
(part); New.) |
|
Sec.9009.052.ANNEXATION OF CITY TERRITORY. (a) |
|
Territory annexed to the city may be annexed to the authority as |
|
provided by this section. |
|
(b) At any time after final passage of an ordinance annexing |
|
territory to the city, the board may issue a notice of hearing on |
|
the question of annexing all or part of the territory annexed to the |
|
city. |
|
(c) The notice is sufficient if it: |
|
(1) states the date and place of the hearing; and |
|
(2) describes the area proposed to be annexed or |
|
refers to the annexation ordinance of the city. |
|
(d) The notice must be published one time in a newspaper of |
|
general circulation in the city not later than the 10th day before |
|
the date set for the hearing. |
|
(e) The board shall adopt a resolution annexing the |
|
territory to the authority if, after the hearing, the board finds |
|
that the territory proposed to be annexed will benefit from the |
|
water supplied or to be supplied by the authority. |
|
(f) After the territory is annexed to the authority, the |
|
board may hold an election in the authority as enlarged to determine |
|
whether the authority as enlarged shall: |
|
(1) assume any tax-supported bonds that are |
|
outstanding or voted but not yet sold; and |
|
(2) impose an ad valorem tax on all taxable property in |
|
the authority as enlarged for the payment of those bonds. |
|
(g) An election held under Subsection (f) shall be held in |
|
the same manner as an election under Section 9009.354 for the |
|
issuance of bonds payable wholly or partly from taxes. (V.A.C.S. |
|
Art. 8280-270, Sec. 5.) |
|
[Sections 9009.053-9009.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec.9009.101.COMPOSITION OF BOARD; TERMS. The board |
|
consists of five directors who serve staggered two-year terms |
|
expiring January 1. (V.A.C.S. Art. 8280-270, Sec. 3(a) (part); |
|
New.) |
|
Sec.9009.102.APPOINTMENT OF DIRECTORS. Each December the |
|
governing body of the city shall appoint a director to succeed each |
|
director whose term expires on the following January 1. (V.A.C.S. |
|
Art. 8280-270, Secs. 3(a) (part), (b) (part).) |
|
Sec.9009.103.QUALIFICATIONS FOR OFFICE. (a) A director |
|
must reside in and own taxable property in the authority. |
|
(b) A member of the city's governing body or an employee of |
|
the city may not be appointed as a director. (V.A.C.S. Art. |
|
8280-270, Sec. 3(c) (part).) |
|
Sec.9009.104.VACANCY. If a director ceases to reside in |
|
the authority or otherwise ceases to serve as a director, the |
|
governing body of the city shall appoint a successor to fill the |
|
vacancy for the unexpired term. (V.A.C.S. Art. 8280-270, Secs. |
|
3(b) (part), (c) (part).) |
|
Sec.9009.105.APPOINTMENT OF SECRETARY AND TREASURER. The |
|
board shall appoint a secretary and a treasurer, who are not |
|
required to be directors. The board may combine the offices of |
|
secretary and treasurer. (V.A.C.S. Art. 8280-270, Sec. 4 (part).) |
|
Sec.9009.106.VOTE BY BOARD PRESIDENT. The president has |
|
the same right to vote as any other director. The vice president |
|
may not exercise the president's right to vote. (V.A.C.S. Art. |
|
8280-270, Sec. 4 (part).) |
|
Sec.9009.107.DIRECTOR'S AND TREASURER'S BOND. (a) Each |
|
director shall give bond in the amount of $5,000 conditioned on the |
|
faithful performance of the director's duties. |
|
(b) The treasurer shall give bond in the amount required by |
|
the board. The treasurer's bond shall be conditioned on the |
|
treasurer's faithful accounting for all money that comes into the |
|
treasurer's custody as treasurer of the authority. (V.A.C.S. Art. |
|
8280-270, Secs. 3(c) (part); 4 (part).) |
|
Sec.9009.108.COMPENSATION. Unless the board by |
|
resolution increases the fee to an amount authorized by Section |
|
49.060, Water Code, each director: |
|
(1) shall receive a fee for attending each meeting of |
|
the board not to exceed $20 for a meeting or $40 in one calendar |
|
month; and |
|
(2) is entitled to an additional amount not to exceed |
|
$20 for each day that the director devotes to serving the business |
|
of the authority if the service is expressly approved by the board. |
|
(V.A.C.S. Art. 8280-270, Sec. 3(d) (part).) |
|
Sec.9009.109.MANAGER. The board shall employ a manager. |
|
(V.A.C.S. Art. 8280-270, Sec. 4 (part).) |
|
[Sections 9009.110-9009.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL POWERS AND DUTIES |
|
Sec. 9009.151. ACQUISITION AND USE OF WATER FROM CORPUS |
|
CHRISTI. (a) The authority may acquire from Corpus Christi |
|
untreated water supplied from Lake Corpus Christi, subject to a |
|
contract between the authority and Corpus Christi that is approved |
|
by the Nueces district or under a contract assigned to the |
|
authority. |
|
(b) The authority may procure water under Subsection (a) |
|
only if the water is "surplus" to the requirements of Corpus |
|
Christi as defined in a contract between Corpus Christi and the |
|
Nueces district. |
|
(c) The authority may use water procured under Subsection |
|
(a) as a source of water supply for the city if the right of the city |
|
to execute a contract prescribing the obligations of the city and |
|
the authority is approved by the voters of the city in compliance |
|
with Section 402.020, Local Government Code. |
|
(d) The authority may contract with Corpus Christi or the |
|
Nueces district, or both, in reference to the authority's duty or |
|
option to participate in the cost of any future enlargement of Lake |
|
Corpus Christi and for a commensurate share of the increased water |
|
yield. (V.A.C.S. Art. 8280-270, Sec. 6 (part).) |
|
Sec.9009.152.WATER FACILITIES. (a) The authority may |
|
acquire or construct, inside or outside the authority: |
|
(1) a diversion works; |
|
(2) wells; |
|
(3) pumps; |
|
(4) pumping stations; |
|
(5) pipelines; |
|
(6) intermediate and terminal storage reservoirs; |
|
(7) a water treatment plant; and |
|
(8) any other related facility necessary or useful in |
|
diverting, impounding, drilling, storing, or treating water, or in |
|
transporting treated or untreated water to the city for municipal, |
|
domestic, agricultural, industrial, or any other purpose. |
|
(b) A diversion works may be constructed to take water from |
|
Lake Corpus Christi through intake or otherwise or from the Nueces |
|
River below Lake Corpus Christi. |
|
(c) The specifications in this section of certain elements |
|
of the authority's proposed water supply, treatment, and |
|
transportation system do not preclude the authority from |
|
constructing any facility necessary or convenient in enabling the |
|
authority to deliver treated or untreated water to the city. |
|
(V.A.C.S. Art. 8280-270, Sec. 7.) |
|
Sec.9009.153.REGIONAL WASTE DISPOSAL. The authority may |
|
exercise the powers granted by Chapter 30, Water Code. (V.A.C.S. |
|
Art. 8280-270, Sec. 6B.) |
|
Sec.9009.154.APPROPRIATION PERMITS. The authority may: |
|
(1) obtain an appropriation permit from the Texas |
|
Commission on Environmental Quality as provided by Section 12.011, |
|
Water Code; or |
|
(2) participate with Corpus Christi or the Nueces |
|
district in obtaining a required appropriation permit. (V.A.C.S. |
|
Art. 8280-270, Sec. 8.) |
|
Sec.9009.155.ACQUISITION OF PROPERTY. (a) To exercise a |
|
right or perform a duty under this chapter, the authority may |
|
acquire: |
|
(1) works, machinery, plants, or other facilities; and |
|
(2) land, rights-of-way, or easements. |
|
(b) Subject to the terms of a deed of trust or indenture |
|
executed by the authority, the authority may sell, trade, lease, |
|
rent, or otherwise dispose of any property the board considers not |
|
needed for authority purposes. (V.A.C.S. Art. 8280-270, Sec. 9.) |
|
Sec.9009.156.GENERAL CONTRACT POWERS. The authority may |
|
contract with the city, a public agency, a political subdivision, |
|
this state, the United States, or another person for the purchase or |
|
sale of water or any other purpose necessary to carry out this |
|
chapter. (V.A.C.S. Art. 8280-270, Sec. 6A.) |
|
Sec.9009.157.AWARD OF CERTAIN CONSTRUCTION CONTRACTS. |
|
(a) This section applies only to a construction contract requiring |
|
an expenditure of more than $2,000. |
|
(b) A contract may be awarded only after notice of the |
|
contract to bidders for sealed bids is published once a week for two |
|
weeks in a newspaper of general circulation in the authority that is |
|
designated or approved by the board. |
|
(c) The notice is sufficient if it states: |
|
(1) the time and place for opening the bids; |
|
(2) the general nature of the work to be done or the |
|
material, equipment, or supplies to be purchased; and |
|
(3) the place where and the terms on which copies of |
|
the plans and specifications may be obtained. |
|
(d) The bids must be opened publicly. (V.A.C.S. Art. |
|
8280-270, Sec. 11.) |
|
Sec.9009.158.ASSIGNMENT OF CONTRACT RIGHTS. (a) The |
|
authority may acquire by assignment any right of the city under a |
|
contract between the city and Corpus Christi in reference to such |
|
water supply. |
|
(b) If the assignment is accepted, the authority shall |
|
assume the city's obligations under the contract. (V.A.C.S. Art. |
|
8280-270, Sec. 18.) |
|
[Sections 9009.159-9009.200 reserved for expansion] |
|
SUBCHAPTER E. EMINENT DOMAIN AND RELATED POWERS |
|
Sec.9009.201.EMINENT DOMAIN IN JIM WELLS COUNTY. (a) The |
|
authority may exercise the power of eminent domain in Jim Wells |
|
County to acquire fee simple title to, an easement or right-of-way |
|
in or on, or other interest in land or other property inside or |
|
outside the authority, necessary to the exercise of the authority's |
|
powers, rights, privileges, and functions under this chapter. |
|
(b) The authority may acquire a property interest under |
|
Subsection (a) in the manner provided by Chapter 21, Property Code, |
|
or in the manner provided by a statute relating to condemnation by a |
|
general law district created under Section 59, Article XVI, Texas |
|
Constitution. |
|
(c) The authority is a municipal corporation for the |
|
purposes of Section 21.021, Property Code. (V.A.C.S. Art. |
|
8280-270, Sec. 10(a) (part).) |
|
Sec.9009.202.EMINENT DOMAIN IN NUECES COUNTY. (a) Except |
|
as provided by this section, the authority has the same power of |
|
eminent domain in Nueces County as it has in Jim Wells County. |
|
(b) The power is strictly limited to an acquisition |
|
necessary to acquire: |
|
(1) an easement or right-of-way necessary to build a |
|
pipeline from the city to a point on the Nueces River from which |
|
water will be obtained from Corpus Christi under a contract; |
|
(2) fee simple title to any land reasonably necessary |
|
for the erection of a pumping station or stations near the pipeline |
|
to be built under Subdivision (1); or |
|
(3) land or an interest in land located inside or |
|
outside the authority on which to place reservoirs, works, wells, |
|
plants, transmission lines, or other facilities necessary or |
|
helpful in impounding, storing, or treating water or in |
|
transporting water to the city or to others for municipal, |
|
domestic, agricultural, commercial, or other purposes. (V.A.C.S. |
|
Art. 8280-270, Sec. 10(b).) |
|
Sec.9009.203.DETERMINATION OF INTEREST TO BE ACQUIRED. |
|
The board shall determine the amount and character of interest in |
|
land, easements, or other property to be acquired under this |
|
subchapter. (V.A.C.S. Art. 8280-270, Sec. 10(a) (part).) |
|
Sec.9009.204.SURVEYS. The authority has the same rights |
|
and powers to make surveys and attend to other business of the |
|
authority in Jim Wells and Nueces Counties as provided by Section |
|
49.221, Water Code. (V.A.C.S. Art. 8280-270, Sec. 10(a) (part).) |
|
Sec.9009.205.COST OF RELOCATING OR ALTERING PROPERTY. |
|
(a) In this section, the term "sole expense" means the actual cost |
|
of the relocation, raising, lowering, rerouting, or change in grade |
|
or alteration of construction under Subsection (b) to provide a |
|
comparable replacement without enhancing the facility, after |
|
deducting the net salvage value derived from the old facility. |
|
(b) If the authority's exercise of eminent domain, |
|
relocation, or another power conferred by this chapter makes |
|
necessary relocating, raising, rerouting, changing the grade of, or |
|
altering the construction of any highway, railroad, electric |
|
transmission line, telephone or telegraph property and facility, or |
|
pipeline, the action shall be accomplished at the sole expense of |
|
the authority. (V.A.C.S. Art. 8280-270, Sec. 10(c).) |
|
[Sections 9009.206-9009.250 reserved for expansion] |
|
SUBCHAPTER F. REGULATORY POWERS |
|
Sec.9009.251.ADOPTION OF RULES. The board may adopt |
|
reasonable rules to: |
|
(1) secure, maintain, and preserve the sanitary |
|
condition of water in and water that flows into any intermediate or |
|
terminal reservoir owned by the authority; |
|
(2) prevent waste of or the unauthorized use of water; |
|
and |
|
(3) regulate resident, hunting, fishing, boating, |
|
camping, and any other recreational or business privilege along or |
|
around any reservoir, body of land, or easement owned by the |
|
authority. (V.A.C.S. Art. 8280-270, Sec. 22(a).) |
|
Sec.9009.252.ENFORCEMENT OF RULES; PENALTY. (a) The |
|
authority by rule may prescribe reasonable penalties for the |
|
violation of an authority rule. |
|
(b) A penalty may consist of: |
|
(1) a fine not to exceed $200; |
|
(2) confinement in jail for a term not to exceed 30 |
|
days; or |
|
(3) both the fine and confinement. |
|
(c) A penalty adopted under this section is in addition to |
|
any other penalty provided by Texas law. (V.A.C.S. Art. 8280-270, |
|
Sec. 22(b) (part).) |
|
Sec.9009.253.NOTICE OF RULE PROVIDING PENALTY. (a) If |
|
the authority adopts a rule that provides a penalty, the authority |
|
must publish a substantive statement of the rule and the penalty |
|
once a week for two consecutive weeks in each county in which any |
|
part of the reservoir to which the rule applies is situated. |
|
(b) The statement must be as condensed as possible so that |
|
the act prohibited by the rule can be easily understood. |
|
(c) The statement may include notice of any number of rules. |
|
(d) The notice must state that: |
|
(1) a person who violates the rule is subject to a |
|
penalty; and |
|
(2) the rule is on file in the principal office of the |
|
authority, where it may be read by any interested person. |
|
(e) A rule takes effect five days after the date of second |
|
publication of the statement under this section. (V.A.C.S. Art. |
|
8280-270, Sec. 22(b) (part).) |
|
Sec.9009.254.JUDICIAL NOTICE OF RULES. A court shall take |
|
judicial notice of a rule adopted under this subchapter and |
|
published as required by Section 9009.253, and the court shall |
|
consider the rule to be similar in nature to a penal ordinance of a |
|
municipality. (V.A.C.S. Art. 8280-270, Sec. 22(b) (part).) |
|
Sec.9009.255.ENFORCEMENT BY PEACE OFFICERS. (a) A peace |
|
officer may make an arrest when necessary to prevent or abate the |
|
commission of an offense: |
|
(1) in violation of an authority rule or a law of this |
|
state that occurs or threatens to occur on any land, water, or |
|
easement owned or controlled by the authority; or |
|
(2) involving damage to any property owned or |
|
controlled by the authority. |
|
(b) A peace officer may make an arrest under Subsection |
|
(a)(2) at any location. (V.A.C.S. Art. 8280-270, Sec. 22(c).) |
|
[Sections 9009.256-9009.300 reserved for expansion] |
|
SUBCHAPTER G. GENERAL FINANCIAL PROVISIONS |
|
Sec.9009.301.DEPOSITORY. (a) Except as provided by |
|
Subsection (h), the board shall designate one or more banks in the |
|
authority to serve as depository for authority money. |
|
(b) Authority money shall be deposited with a designated |
|
depository bank, except that: |
|
(1) money pledged to pay bonds may be deposited with |
|
the trustee bank named in the trust agreement; and |
|
(2) money shall be remitted to the bank of payment for |
|
the payment of principal of and interest on bonds. |
|
(c) To the extent that money in a depository bank or the |
|
trustee bank is not insured by the Federal Deposit Insurance |
|
Corporation, the money must be secured in the manner provided by law |
|
for the security of county funds. |
|
(d) The board shall prescribe the terms of service for |
|
depositories. |
|
(e) Before designating a depository bank, the board shall |
|
mail a written notice to each bank in the authority at least 10 days |
|
before the date set for receiving bids that: |
|
(1) states the time and place at which the board will |
|
meet to designate a depository bank or banks; and |
|
(2) invites each bank in the authority to submit an |
|
application to be designated as a depository. |
|
(f) At the time stated in the notice, the board shall: |
|
(1) consider the application and the management and |
|
condition of each bank that applies; and |
|
(2) designate as a depository the bank or banks: |
|
(A) that offer the most favorable terms for the |
|
handling of the money; and |
|
(B) that the board finds have proper management |
|
and are in condition to handle the money. |
|
(g) Membership on the board of an officer or director of a |
|
bank does not disqualify the bank from being designated as a |
|
depository. |
|
(h) If the board does not receive any applications before |
|
the time stated in the notice, the board may designate one or more |
|
banks located inside or outside the authority on terms that the |
|
board finds advantageous to the authority. (V.A.C.S. Art. |
|
8280-270, Sec. 17.) |
|
Sec.9009.302.TAX ASSESSOR AND COLLECTOR. The board shall |
|
appoint a tax assessor and collector. (V.A.C.S. Art. 8280-270, |
|
Sec. 21(b) (part).) |
|
Sec.9009.303.PROJECTS EXEMPT FROM ASSESSMENT OR TAXATION. |
|
The authority is not required to pay a tax or assessment on a |
|
project or any part of a project. (V.A.C.S. Art. 8280-270, Sec. 20 |
|
(part).) |
|
[Sections 9009.304-9009.350 reserved for expansion] |
|
SUBCHAPTER H. BONDS |
|
Sec.9009.351.AUTHORITY TO ISSUE BONDS. The authority may |
|
issue bonds to carry out any power conferred by this chapter. The |
|
bonds must be authorized by a board resolution. (V.A.C.S. Art. |
|
8280-270, Secs. 12(a) (part), (b) (part), (c) (part).) |
|
Sec.9009.352.FORM OF BONDS. An authority bond must be: |
|
(1) issued in the authority's name; |
|
(2) signed by the president or vice president; and |
|
(3) attested by the secretary. (V.A.C.S. Art. |
|
8280-270, Sec. 12(b) (part).) |
|
Sec.9009.353.MATURITY. Authority bonds must mature not |
|
later than 40 years after their date of issuance. (V.A.C.S. Art. |
|
8280-270, Sec. 12(b) (part).) |
|
Sec. 9009.354. ELECTION FOR BONDS PAYABLE FROM AD VALOREM |
|
TAXES. (a) Bonds, other than refunding bonds, payable wholly or |
|
partly from ad valorem taxes may not be issued unless authorized by |
|
a majority of the authority voters voting at an election. |
|
(b) The board may order an election under this section |
|
without a petition. The order must specify: |
|
(1) the time and places at which the election will be |
|
held; |
|
(2) the purpose for which the bonds will be issued; |
|
(3) the maximum amount of the bonds; |
|
(4) the maximum maturity of the bonds; |
|
(5) the form of the ballot; and |
|
(6) the presiding judge for each voting place. |
|
(c) Notice of the election must be given by publishing a |
|
substantial copy of the order calling the election in a newspaper of |
|
general circulation in the authority. The notice must be published |
|
on the same day in each of two consecutive weeks. The first |
|
publication must be not later than the 14th day before the date of |
|
the election. If a newspaper of general circulation is not |
|
published in the authority, notice must be given by posting a copy |
|
of the resolution in three public places in the authority. |
|
(V.A.C.S. Art. 8280-270, Secs. 12(e) (part), 15(a) (part), (b) |
|
(part).) |
|
Sec.9009.355.BONDS PAYABLE FROM REVENUE. (a) In this |
|
section, "net revenue" means the gross revenue and income of the |
|
authority pledged under this section less the amount necessary to |
|
pay the cost of: |
|
(1) performing any contract, the revenue of which is |
|
pledged under this section; and |
|
(2) maintaining and operating the authority and its |
|
property. |
|
(b) Bonds issued under this subchapter may be secured under |
|
board resolution by a pledge of: |
|
(1) all or part of the net revenue of the authority |
|
other than revenue from taxation; |
|
(2) the net revenue of one or more contracts made |
|
before or after the issuance of the bonds; or |
|
(3) other revenue or income specified by resolution of |
|
the board or in the trust indenture or other instrument securing the |
|
bonds. |
|
(c) The pledge may reserve the right to issue additional |
|
bonds on a parity with, or subordinate to, the bonds being issued, |
|
subject to the conditions specified in the pledge. |
|
(d) Bonds not payable wholly or partly from ad valorem taxes |
|
may be issued without an election. (V.A.C.S. Art. 8280-270, Secs. |
|
12(a) (part), (d), 15(a) (part).) |
|
Sec.9009.356.BONDS PAYABLE FROM AD VALOREM TAXES. The |
|
authority may issue bonds payable, as pledged by board resolution, |
|
from: |
|
(1) ad valorem taxes imposed on taxable property in |
|
the authority; or |
|
(2) ad valorem taxes and revenue of the authority. |
|
(V.A.C.S. Art. 8280-270, Secs. 12(a) (part), (e) (part).) |
|
Sec.9009.357.TAX AND RATE REQUIREMENTS. (a) If the |
|
authority issues bonds payable wholly or partly from ad valorem |
|
taxes, the board shall impose a tax sufficient to pay the bonds and |
|
the interest on the bonds as the bonds and interest become due. The |
|
board may adopt the rate of the tax after considering the money |
|
received from the other pledged revenue available for payment of |
|
principal and interest to the extent and in the manner permitted by |
|
the resolution authorizing the issuance of the bonds. |
|
(b) If the authority issues bonds payable wholly or partly |
|
from revenue, the board shall set and revise the rates of |
|
compensation for water sold and services rendered by the authority. |
|
(c) For bonds payable wholly from revenue, the rates of |
|
compensation must be sufficient to: |
|
(1) pay the expense of operating and maintaining the |
|
facilities of the authority; |
|
(2) pay the bonds as they mature and the interest as it |
|
accrues; and |
|
(3) maintain the reserve and other funds as required |
|
in the resolution authorizing the issuance of the bonds or in the |
|
trust indenture or other instrument securing the bonds. |
|
(d) For bonds payable partly from revenue, the rates of |
|
compensation must be sufficient to assure compliance with the |
|
resolution authorizing the issuance of the bonds and any trust |
|
indenture or other instrument securing the bonds. (V.A.C.S. Art. |
|
8280-270, Secs. 12(e) (part), (f).) |
|
Sec.9009.358.ADDITIONAL SECURITY. (a) Bonds, including |
|
refunding bonds, authorized by the law that are not payable wholly |
|
from ad valorem taxes may be additionally secured, at the |
|
discretion of the board, by a deed of trust or mortgage lien on |
|
physical property of the authority, franchises, easements, water |
|
rights and appropriation permits, leases, contracts, and all rights |
|
appurtenant to the property, vesting in the trustee power to: |
|
(1) sell the property for the payment of the debt; |
|
(2) operate the property; and |
|
(3) take other action to further secure the bonds. |
|
(b) A purchaser under a sale under the deed of trust lien, if |
|
one is given: |
|
(1) is the absolute owner of property, facilities, and |
|
rights purchased; and |
|
(2) is entitled to maintain and operate the property, |
|
facilities, and rights. (V.A.C.S. Art. 8280-270, Sec. 14 (part).) |
|
Sec.9009.359.TRUST INDENTURE. (a) A bond authorized by |
|
the law, including a refunding bond, that is not payable wholly from |
|
ad valorem taxes may be additionally secured by a trust indenture. |
|
The trustee may be a bank with trust powers located inside or |
|
outside this state. |
|
(b) A trust indenture, regardless of the existence of the |
|
deed of trust or mortgage lien on the property, may: |
|
(1) provide for the security of the bonds and the |
|
preservation of the trust estate in the manner prescribed by the |
|
board; |
|
(2) provide for amendment or modification of the trust |
|
indenture; |
|
(3) provide for the issuance of bonds to replace lost |
|
or mutilated bonds; |
|
(4) condition the right to spend authority money or |
|
sell authority property on the approval of a licensed engineer |
|
selected as provided by the trust indenture; and |
|
(5) provide for the investment of authority money. |
|
(V.A.C.S. Art. 8280-270, Sec. 14 (part).) |
|
Sec.9009.360.INTERIM BONDS OR NOTES. Before issuing |
|
definitive bonds, the board may issue interim bonds or notes |
|
exchangeable for definitive bonds. (V.A.C.S. Art. 8280-270, Sec. |
|
12(a) (part).) |
|
Sec.9009.361.USE OF BOND PROCEEDS. (a) The authority may |
|
set aside an amount of proceeds from the sale of bonds issued under |
|
this subchapter for payments into the interest and sinking fund and |
|
the reserve fund. The resolution authorizing the bonds or a trust |
|
indenture or other instrument securing the bonds may provide for |
|
setting aside amounts under this subsection. |
|
(b) The authority may use proceeds from the sale of the |
|
bonds to pay any expense necessarily incurred in accomplishing the |
|
purpose of the authority, including any expense of issuing and |
|
selling the bonds. |
|
(c) The authority may invest proceeds from the sale of the |
|
bonds in direct obligations of or obligations unconditionally |
|
guaranteed by the United States that mature in the manner |
|
authorized by the resolution authorizing the bonds or by the trust |
|
indenture or other instrument securing the bonds. (V.A.C.S. Art. |
|
8280-270, Sec. 12(g).) |
|
Sec.9009.362.APPOINTMENT OF RECEIVER. (a) On default or |
|
threatened default in the payment of principal of or interest on |
|
bonds issued under this subchapter that are payable wholly or |
|
partly from revenue, a court may, on petition of the holders of |
|
outstanding bonds, appoint a receiver for the authority. |
|
(b) The receiver may collect and receive all authority |
|
income except taxes, employ and discharge authority agents and |
|
employees, take charge of money on hand, except money received from |
|
taxes, unless commingled, and manage the proprietary affairs of the |
|
authority without consent or hindrance by the board. |
|
(c) The receiver may be authorized to sell or contract for |
|
the sale of water or to renew those contracts with the approval of |
|
the court that appointed the receiver. |
|
(d) The court may vest the receiver with any other power or |
|
duty the court finds necessary to protect the bondholders. |
|
(V.A.C.S. Art. 8280-270, Sec. 12(h) (part).) |
|
Sec.9009.363.REFUNDING BONDS. (a) The authority may |
|
issue refunding bonds to refund outstanding bonds issued under this |
|
subchapter and interest on those bonds. |
|
(b) Refunding bonds may: |
|
(1) be issued to refund bonds of more than one series; |
|
(2) combine the pledges for the outstanding bonds for |
|
the security of the refunding bonds; or |
|
(3) be secured by a pledge of other or additional |
|
revenue or mortgage liens. |
|
(c) The provisions of this subchapter regarding the |
|
issuance of other bonds, their security, and the remedies of the |
|
holders apply to refunding bonds. |
|
(d) The comptroller shall register the refunding bonds on |
|
surrender and cancellation of the bonds to be refunded. |
|
(e) Instead of issuing bonds to be registered on the |
|
surrender and cancellation of the bonds to be refunded, the |
|
authority, in the resolution authorizing the issuance of the |
|
refunding bonds, may provide for the sale of the refunding bonds and |
|
the deposit of the proceeds in a bank at which the bonds to be |
|
refunded are payable. In that case, the refunding bonds may be |
|
issued in an amount sufficient to pay the principal of and interest |
|
on the bonds to be refunded to their option date or maturity date, |
|
and the comptroller shall register the refunding bonds without the |
|
surrender and cancellation of the bonds to be refunded. (V.A.C.S. |
|
Art. 8280-270, Sec. 13.) |
|
Sec.9009.364.LIMITATION ON RIGHTS OF HOLDERS. The |
|
resolution authorizing the bonds or the trust indenture or other |
|
instrument securing the bonds may limit or qualify the rights of the |
|
holders of less than all of the outstanding bonds payable from the |
|
same source to institute or prosecute litigation affecting the |
|
authority's property or income. (V.A.C.S. Art. 8280-270, Sec. |
|
12(h) (part).) |
|
Sec.9009.365.BONDS EXEMPT FROM TAXATION. A bond issued |
|
under this subchapter, the transfer of the bond, and income from the |
|
bond, including profits made on the sale of the bond, are exempt |
|
from taxation in this state. (V.A.C.S. Art. 8280-270, Sec. 20 |
|
(part).) |
|
CHAPTER 9011. BELL COUNTY WATER CONTROL AND |
|
IMPROVEMENT DISTRICT NO. 3 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9011.001. DEFINITIONS |
|
Sec. 9011.002. NATURE OF DISTRICT |
|
Sec. 9011.003. FINDING OF BENEFIT AND PUBLIC PURPOSE |
|
[Sections 9011.004-9011.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS |
|
TO DISTRICT TERRITORY |
|
Sec. 9011.051. DISTRICT TERRITORY |
|
Sec. 9011.052. ANNEXATION OF TERRITORY BY LANDOWNER |
|
PETITION |
|
Sec. 9011.053. PETITION REQUIREMENTS |
|
Sec. 9011.054. HEARING ON PETITION |
|
Sec. 9011.055. NOTICE OF HEARING |
|
Sec. 9011.056. BOARD ANNEXATION OF TERRITORY |
|
Sec. 9011.057. RATIFICATION ELECTION; LIMITATION ON |
|
ASSUMPTION OF DEBT OR TAXES |
|
Sec. 9011.058. ANNEXED TERRITORY'S RESPONSIBILITY FOR |
|
DISTRICT DEBT OR TAXES |
|
Sec. 9011.059. ANNEXATION OF TERRITORY IN A |
|
MUNICIPALITY |
|
[Sections 9011.060-9011.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec. 9011.101. COMPOSITION OF BOARD |
|
Sec. 9011.102. QUALIFICATIONS FOR OFFICE |
|
Sec. 9011.103. DIRECTORS' ELECTION |
|
Sec. 9011.104. BALLOT PETITION |
|
Sec. 9011.105. APPOINTMENT OF SECRETARY AND TREASURER |
|
Sec. 9011.106. VOTE BY BOARD PRESIDENT |
|
Sec. 9011.107. DIRECTOR'S AND TREASURER'S BOND |
|
Sec. 9011.108. COMPENSATION |
|
[Sections 9011.109-9011.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec. 9011.151. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS |
|
Sec. 9011.152. WATER SUPPLY AND DISTRIBUTION; |
|
ACQUISITION OF LAND RIGHTS |
|
Sec. 9011.153. EMINENT DOMAIN |
|
Sec. 9011.154. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 9011.155. AWARD OF CERTAIN CONSTRUCTION OR |
|
PURCHASE CONTRACTS |
|
Sec. 9011.156. CONTRACTS REGARDING WATER OR SEWER |
|
FACILITIES |
|
Sec. 9011.157. CONTRACTS AND COOPERATION WITH |
|
MUNICIPALITY INSIDE DISTRICT |
|
Sec. 9011.158. PROHIBITED AGREEMENTS |
|
[Sections 9011.159-9011.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9011.201. DEPOSITORY |
|
Sec. 9011.202. IMPOSITION OF AD VALOREM TAXES |
|
Sec. 9011.203. TAX ASSESSOR AND COLLECTOR |
|
Sec. 9011.204. PROJECTS EXEMPT FROM ASSESSMENT OR |
|
TAXATION |
|
[Sections 9011.205-9011.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 9011.251. AUTHORITY TO ISSUE BONDS |
|
Sec. 9011.252. FORM OF BONDS |
|
Sec. 9011.253. MATURITY |
|
Sec. 9011.254. ELECTION FOR BONDS PAYABLE FROM AD |
|
VALOREM TAXES |
|
Sec. 9011.255. BONDS PAYABLE FROM REVENUE |
|
Sec. 9011.256. TAX AND RATE REQUIREMENTS |
|
Sec. 9011.257. ADDITIONAL SECURITY |
|
Sec. 9011.258. TRUST INDENTURE OR DEED OF TRUST |
|
Sec. 9011.259. USE OF BOND PROCEEDS |
|
Sec. 9011.260. APPOINTMENT OF RECEIVER |
|
Sec. 9011.261. REFUNDING BONDS |
|
Sec. 9011.262. BONDS EXEMPT FROM TAXATION |
|
CHAPTER 9011. BELL COUNTY WATER CONTROL AND |
|
IMPROVEMENT DISTRICT NO. 3 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.9011.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Bell County Water Control and |
|
Improvement District No. 3. (New; V.A.C.S. Art. 8280-182, Sec. 1 |
|
(part).) |
|
Sec.9011.002.NATURE OF DISTRICT. The district is a water |
|
control and improvement district created under Section 59, Article |
|
XVI, Texas Constitution. (V.A.C.S. Art. 8280-182, Sec. 1 (part).) |
|
Sec.9011.003.FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land included in the district will benefit. |
|
(c) The accomplishment of the purposes stated in this |
|
chapter is for the benefit of the people of this state and the |
|
improvement of their property and industries. The district, in |
|
carrying out the purposes of this chapter, will be performing an |
|
essential public function under the constitution. (V.A.C.S. Art. |
|
8280-182, Secs. 22 (part), 26 (part).) |
|
[Sections 9011.004-9011.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS |
|
TO DISTRICT TERRITORY |
|
Sec.9011.051.DISTRICT TERRITORY. The district is |
|
composed of the territory described by Section 2, Chapter 506, Acts |
|
of the 54th Legislature, Regular Session, 1955 (Article 8280-182, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) this subchapter or its predecessor statutes; or |
|
(2) other law. (New.) |
|
Sec. 9011.052. ANNEXATION OF TERRITORY BY LANDOWNER |
|
PETITION. As provided by this subchapter, the district may annex |
|
territory by petition of the owners of land or a portion of the land |
|
requested to be annexed. (V.A.C.S. Art. 8280-182, Sec. 5 (part).) |
|
Sec.9011.053.PETITION REQUIREMENTS. (a) A petition to |
|
the board to annex land must: |
|
(1) request that the district annex the land; |
|
(2) describe by metes and bounds the land proposed to |
|
be annexed; |
|
(3) affirmatively state that: |
|
(A) the land annexed is subject to its |
|
proportionate part of the outstanding debt; |
|
(B) the land will be subject to taxation for |
|
payment of that debt; |
|
(C) the assumption of the proportionate debt will |
|
be a covenant running with the land; and |
|
(D) the petition will be filed in the deed |
|
records of Bell County; and |
|
(4) be signed: |
|
(A) by a majority of the owners of the land to be |
|
annexed if the number of owners is 30 or fewer; or |
|
(B) by 30 owners of the land to be annexed if the |
|
number of owners is more than 30. |
|
(b) The petition must be filed with the board secretary. |
|
(V.A.C.S. Art. 8280-182, Sec. 5 (part).) |
|
Sec.9011.054.HEARING ON PETITION. The board shall order a |
|
hearing on the petition to be held at a time and on a date stated in |
|
the order and not before the 30th day after the date of the order. |
|
(V.A.C.S. Art. 8280-182, Sec. 5 (part).) |
|
Sec.9011.055.NOTICE OF HEARING. (a) The board secretary |
|
shall: |
|
(1) issue notice of the hearing that includes: |
|
(A) the time and place of the hearing; and |
|
(B) a description of the territory proposed to be |
|
annexed; and |
|
(2) post copies of the notice for 15 days before the |
|
date of the hearing in: |
|
(A) three public places in the district; and |
|
(B) one public place in the territory proposed to |
|
be annexed. |
|
(b) The notice must be published in a newspaper of general |
|
circulation in the county one time at least 15 days before the date |
|
of the hearing. (V.A.C.S. Art. 8280-182, Sec. 5 (part).) |
|
Sec.9011.056.BOARD ANNEXATION OF TERRITORY. (a) The |
|
board by resolution may annex the proposed territory to the |
|
district if the board finds as a result of the hearing that the |
|
annexation: |
|
(1) is to the advantage of the district; and |
|
(2) will not injure other land of the district. |
|
(b) If on hearing the petition a change to the proposed |
|
annexation is found necessary or desirable, the annexation may |
|
include less than all of the territory described in the petition. |
|
(c) The resolution authorizing the annexation must be |
|
recorded in the board minutes. (V.A.C.S. Art. 8280-182, Sec. 5 |
|
(part).) |
|
Sec. 9011.057. RATIFICATION ELECTION; LIMITATION ON |
|
ASSUMPTION OF DEBT OR TAXES. (a) The annexation of territory under |
|
this subchapter is not final until ratified by: |
|
(1) a majority of the voters voting at a separate |
|
election held in the district; and |
|
(2) a majority of the voters voting at a separate |
|
election held in the territory to be annexed. |
|
(b) If the district has outstanding debts or taxes, the |
|
proposition for the territory's assumption of its proportion of the |
|
debts or taxes on annexation shall be submitted at the same time and |
|
at the same election. |
|
(c) The manner of holding the election, the election notice, |
|
and the manner and time of giving notice of the election under this |
|
section are governed by Chapters 49 and 51, Water Code. (V.A.C.S. |
|
Art. 8280-182, Sec. 5 (part).) |
|
Sec. 9011.058. ANNEXED TERRITORY'S RESPONSIBILITY FOR |
|
DISTRICT DEBT OR TAXES. The annexed territory shall bear the |
|
territory's proportionate share of all debt or taxes owed, |
|
contracted, or authorized by the district. (V.A.C.S. |
|
Art. 8280-182, Sec. 5 (part).) |
|
Sec.9011.059.ANNEXATION OF TERRITORY IN A MUNICIPALITY. |
|
The district may annex territory inside a municipality's |
|
boundaries. (V.A.C.S. Art. 8280-182, Sec. 25.) |
|
|
|
[Sections 9011.060-9011.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec.9011.101.COMPOSITION OF BOARD. The board consists of |
|
five elected directors. (V.A.C.S. Art. 8280-182, Secs. 3(a) |
|
(part), (b) (part).) |
|
Sec.9011.102.QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be appointed a director unless the person resides in Bell County |
|
and owns taxable property in the district. |
|
(b) A person may not serve as a director if the person is: |
|
(1) a member of a governing body of a county or |
|
municipality; or |
|
(2) an employee of a county or municipality. |
|
(V.A.C.S. Art. 8280-182, Sec. 3(a) (part).) |
|
Sec.9011.103.DIRECTORS'ELECTION. (a) Except as |
|
provided by this subchapter, a directors' election is held in |
|
accordance with Chapters 49 and 51, Water Code, and the Election |
|
Code. |
|
(b) The election order must state the time, place, and |
|
purpose of the election. |
|
(c) Notice of a directors' election must be published in a |
|
newspaper of general circulation in the district's territory one |
|
time at least 30 days before the date of the election. (V.A.C.S. |
|
Art. 8280-182, Sec. 3(c) (part).) |
|
Sec.9011.104.BALLOT PETITION. (a) A person who wants to |
|
have the person's name printed on the ballot as a candidate for |
|
director must present to the board secretary a petition requesting |
|
that action. |
|
(b) The petition must be: |
|
(1) signed by at least 10 registered voters; and |
|
(2) presented to the secretary not later than the 11th |
|
day before the date of the election. (V.A.C.S. Art. 8280-182, Sec. |
|
3(d).) |
|
Sec.9011.105.APPOINTMENT OF SECRETARY AND TREASURER. The |
|
board shall appoint a secretary and a treasurer who are not required |
|
to be directors. The board may combine the offices of secretary and |
|
treasurer. (V.A.C.S. Art. 8280-182, Sec. 4 (part).) |
|
Sec.9011.106.VOTE BY BOARD PRESIDENT. The president has |
|
the same right to vote as any other director. (V.A.C.S. |
|
Art. 8280-182, Sec. 4 (part).) |
|
Sec.9011.107.DIRECTOR'S AND TREASURER'S BOND. (a) A |
|
director shall give bond in the amount of $5,000 for the faithful |
|
performance of the director's duties. |
|
(b) The treasurer shall give bond in the amount required by |
|
the board. The treasurer's bond shall be conditioned on the |
|
treasurer's faithfully accounting for all money that comes into the |
|
treasurer's custody as treasurer. (V.A.C.S. Art. 8280-182, Secs. |
|
3(a) (part), 4 (part).) |
|
Sec.9011.108.COMPENSATION. Unless the board by |
|
resolution increases the fee to an amount authorized by Section |
|
49.060, Water Code, each director is entitled to receive a fee of |
|
not more than $25 a day for each day the director spends performing |
|
duties as a director. The fees for each director for any one month |
|
may not exceed $100. (V.A.C.S. Art. 8280-182, Sec. 3(f) (part).) |
|
[Sections 9011.109-9011.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec. 9011.151. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS. The district has all powers conferred by the general laws |
|
of this state relating to water control and improvement districts, |
|
including Chapters 49 and 51, Water Code, except powers that: |
|
(1) conflict with this chapter; or |
|
(2) relate to the annexation and exclusion of |
|
territory. (V.A.C.S. Art. 8280-182, Sec. 21 (part).) |
|
Sec. 9011.152. WATER SUPPLY AND DISTRIBUTION; ACQUISITION |
|
OF LAND RIGHTS. (a) The district may acquire or develop water, |
|
including groundwater, and sources of water. |
|
(b) The district may acquire or construct all works, plants, |
|
or other facilities or equipment necessary or useful to: |
|
(1) store or process the water; and |
|
(2) transport and distribute the water for municipal, |
|
domestic, farm, or industrial purposes. |
|
(c) The board may make an agreement or contract with any |
|
organized district, municipality, person, public agency, or state |
|
or the federal government for the district to: |
|
(1) acquire water, groundwater, or sources of water; |
|
(2) store, process, transport, and distribute the |
|
water; and |
|
(3) perform any other act necessary to carry out the |
|
powers of the district or accomplish a purpose of this chapter. |
|
(d) An existing municipality or district may contract with |
|
the district for the purposes stated in this section. |
|
(e) The district may acquire all the land, easements, and |
|
rights-of-way necessary to carry out the powers of the district or |
|
the purposes of this chapter. |
|
(f) The district may exercise the powers under this section |
|
inside or outside the district's boundaries but only in Bell |
|
County. (V.A.C.S. Art. 8280-182, Sec. 7.) |
|
Sec.9011.153.EMINENT DOMAIN. (a) In Bell County only, |
|
the district may exercise the power of eminent domain to acquire |
|
land, easements, or rights-of-way to carry out any power conferred |
|
by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code. |
|
(c) The board shall determine the amount of and character of |
|
interest in land or easements to be acquired. |
|
(d) In exercising the power of eminent domain against a |
|
person that has the power of eminent domain or a receiver or trustee |
|
for that person, the district may acquire an easement only but may |
|
not acquire the fee title. (V.A.C.S. Art. 8280-182, Sec. 8 (part).) |
|
Sec.9011.154.COST OF RELOCATING OR ALTERING PROPERTY. If |
|
the district's exercise of the power of eminent domain, the power of |
|
relocation, or any other power granted under this chapter makes |
|
necessary the relocating, raising, rerouting, changing the grade, |
|
or altering the construction of any highway, railroad, electric |
|
transmission line, communication property and facility, or |
|
pipeline, the action shall be accomplished at the sole expense of |
|
the district. (V.A.C.S. Art. 8280-182, Sec. 8 (part).) |
|
Sec. 9011.155. AWARD OF CERTAIN CONSTRUCTION OR PURCHASE |
|
CONTRACTS. (a) This section applies only to a construction |
|
contract or contract for the purchase of materials, equipment, or |
|
supplies requiring an expenditure of more than $2,000. |
|
(b) This section does not apply to the purchase of a system |
|
or part of a system in existence at the time of the purchase. |
|
(c) The district shall award a contract to the lowest and |
|
best bidder only after notice of the contract to bidders is |
|
published once at least 10 days before the date the contract is |
|
awarded. The notice must be printed in a newspaper of general |
|
circulation in the district that is designated by the board. |
|
(d) The notice is sufficient if it states: |
|
(1) the time and place for opening the bids; |
|
(2) the general nature of the work to be done or the |
|
material, equipment, or supplies to be purchased; and |
|
(3) the place where and the terms on which copies of |
|
the plans and specifications may be obtained. (V.A.C.S. Art. |
|
8280-182, Sec. 9.) |
|
Sec. 9011.156. CONTRACTS REGARDING WATER OR SEWER |
|
FACILITIES. (a) The district may contract with a municipality, |
|
an organized district, or another person to supply water to that |
|
person. |
|
(b) The district may contract with a municipality, an |
|
organized district, or another person to rent, lease, or operate |
|
the water production, water supply and water supply facilities, or |
|
sanitary and storm sewer facilities of that person. |
|
(c) The parties to the contract may agree on the contract |
|
terms including the consideration and the duration of the contract. |
|
(d) The contract may provide that it will continue in effect |
|
until bonds specified in it and refunding bonds issued in lieu of |
|
those bonds are paid. |
|
(e) A power granted by this section does not apply outside |
|
Bell County. (V.A.C.S. Art. 8280-182, Sec. 17.) |
|
Sec. 9011.157. CONTRACTS AND COOPERATION WITH MUNICIPALITY |
|
INSIDE DISTRICT. (a) The district territory described by the law |
|
codified by this chapter intentionally overlaps the territory of an |
|
existing municipality. The board may contract or cooperate with |
|
the municipality on matters that come within the purposes for which |
|
the district is organized or in aid of those purposes. |
|
(b) The municipality may contract with the district for the |
|
purposes stated in this section or in aid of those purposes. |
|
(V.A.C.S. Art. 8280-182, Sec. 24.) |
|
Sec.9011.158.PROHIBITED AGREEMENTS. (a) The district |
|
may not enter into a contract or agreement that requires the |
|
district or the people in the district to lose ownership of or |
|
control over the use of any district property, real, personal, or |
|
mixed, after payment of all outstanding legal obligations of the |
|
district, including bonds and refunding bonds. |
|
(b) A contract or agreement prohibited by this section, if |
|
entered into by the board, is void. (V.A.C.S. Art. 8280-182, Sec. |
|
7-A (part).) |
|
[Sections 9011.159-9011.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec.9011.201.DEPOSITORY. (a) The board shall designate |
|
one or more banks to serve as depository for the district's money. |
|
(b) District money shall be deposited with a designated |
|
depository bank, except that: |
|
(1) money pledged to pay bonds may be deposited with |
|
the trustee bank named in the trust indenture; and |
|
(2) money shall be remitted to the bank of payment for |
|
the payment of principal of and interest on bonds. |
|
(c) To the extent that money in a depository bank or the |
|
trustee bank is not insured by the Federal Deposit Insurance |
|
Corporation, the money must be secured in the manner provided by law |
|
for the security of county funds. |
|
(d) Membership on the board of an officer or director of a |
|
bank does not disqualify the bank from being designated as a |
|
depository. (V.A.C.S. Art. 8280-182, Sec. 18.) |
|
Sec.9011.202.IMPOSITION OF AD VALOREM TAXES. A tax |
|
imposed by the district must be an ad valorem tax, including a tax |
|
to: |
|
(1) pay off bonds for preliminary surveys and |
|
investigation or to provide funds for conducting preliminary |
|
surveys, if no construction bonds are to be issued; and |
|
(2) pay the principal and interest and other costs |
|
that may be paid from taxes. (V.A.C.S. Art. 8280-182, Secs. 11, 12 |
|
(part).) |
|
Sec.9011.203.TAX ASSESSOR AND COLLECTOR. (a) The board |
|
shall appoint a tax assessor and collector. |
|
(b) The board may appoint deputies to assist the tax |
|
assessor and collector by an order stating the manner and period of |
|
assistance. (V.A.C.S. Art. 8280-182, Sec. 12 (part).) |
|
Sec.9011.204.PROJECTS EXEMPT FROM ASSESSMENT OR TAXATION. |
|
The district is not required to pay a tax or assessment on a project |
|
or any part of a project. (V.A.C.S. Art. 8280-182, Sec. 22 (part).) |
|
[Sections 9011.205-9011.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec.9011.251.AUTHORITY TO ISSUE BONDS. (a) The |
|
district may issue bonds to carry out any purpose of this chapter |
|
and to: |
|
(1) provide a water system, as authorized by this |
|
chapter, for municipal, domestic, and industrial purposes; |
|
(2) pay fees of an attorney, engineer, or fiscal |
|
agent; |
|
(3) pay the cost of printing and issuing bonds; and |
|
(4) exercise any other power conferred by this |
|
chapter. |
|
(b) The bonds must be authorized by a board resolution. |
|
(c) Bonds issued by the district must be payable by a pledge |
|
of: |
|
(1) revenue; |
|
(2) ad valorem taxes imposed on all taxable property |
|
in the district; or |
|
(3) both revenue and ad valorem taxes. |
|
(d) The pledge must be in a resolution or trust indenture |
|
adopted or authorized by the board. |
|
(e) A bond issuance payable wholly or partly from ad valorem |
|
taxes is subject to the conditions prescribed by this subchapter. |
|
(V.A.C.S. Art. 8280-182, Secs. 10(a), (b) (part), (c) (part), (f) |
|
(part).) |
|
Sec.9011.252.FORM OF BONDS. A district bond must be: |
|
(1) issued in the district's name; |
|
(2) signed by the president or vice president; and |
|
(3) attested by the secretary. (V.A.C.S. Art. |
|
8280-182, Sec. 10(b) (part).) |
|
Sec.9011.253.MATURITY. District bonds must mature not |
|
later than 40 years after their date of issuance. (V.A.C.S. Art. |
|
8280-182, Sec. 10(b) (part).) |
|
Sec. 9011.254. ELECTION FOR BONDS PAYABLE FROM AD VALOREM |
|
TAXES. (a) Bonds, other than refunding bonds, payable wholly or |
|
partly from ad valorem taxes may not be issued unless authorized by |
|
a majority of the district voters voting at an election. |
|
(b) The board may order an election under this section |
|
without a petition. The order must specify: |
|
(1) the time and place at which the election will be |
|
held; |
|
(2) the purpose for which the bonds will be issued; |
|
(3) the maximum amount of the bonds; |
|
(4) the maximum maturity of the bonds; |
|
(5) the form of the ballot; and |
|
(6) the presiding judge for each voting place. |
|
(c) Notice of the election must be published: |
|
(1) at least once in a newspaper published or having |
|
general circulation in the district; and |
|
(2) at least 14 days before the date of the election. |
|
(V.A.C.S. Art. 8280-182, Sec. 10(g) (part).) |
|
Sec.9011.255.BONDS PAYABLE FROM REVENUE. (a) In this |
|
section, "net revenue" means the gross revenue of the district less |
|
the amount necessary to pay the cost of maintaining and operating |
|
the district and its property. |
|
(b) Bonds issued under this subchapter may be secured under |
|
board resolution by a pledge of: |
|
(1) all or part of the net revenue of the district; |
|
(2) the net revenue of one or more contracts made |
|
before or after the issuance of the bonds; or |
|
(3) other revenue specified by resolution of the |
|
board. |
|
(c) The pledge may reserve the right to issue additional |
|
bonds on a parity with, or subordinate to, the bond being issued, |
|
subject to the conditions specified in the pledge. (V.A.C.S. |
|
Art. 8280-182, Sec. 10(d).) |
|
Sec.9011.256.TAX AND RATE REQUIREMENTS. (a) If the |
|
district issues bonds payable wholly or partly from ad valorem |
|
taxes, the board shall impose a tax sufficient to pay the bonds and |
|
the interest on the bonds as the bonds and interest become due. The |
|
board may adopt the rate of the tax after considering the money |
|
received from pledged revenue available for payment of principal |
|
and interest to the extent and in the manner permitted by the |
|
resolution authorizing the issuance of the bonds. |
|
(b) If the district issues bonds payable wholly or partly |
|
from revenue, the board shall set and revise the rates of |
|
compensation for the use of the systems and services rendered by the |
|
district. |
|
(c) For bonds payable wholly from revenue, the rates of |
|
compensation must be sufficient to: |
|
(1) pay the expense of operating and maintaining the |
|
facilities of the district; |
|
(2) pay the bonds as they mature and the interest as it |
|
accrues; and |
|
(3) maintain the reserve and other funds as provided |
|
by the resolution authorizing the issuance of the bonds or the trust |
|
indenture. |
|
(d) For bonds payable partly from revenue, the rates of |
|
compensation must be sufficient to assure compliance with the |
|
resolution authorizing the issuance of the bonds or with the trust |
|
indenture. (V.A.C.S. Art. 8280-182, Secs. 10(e), (f) (part).) |
|
Sec.9011.257.ADDITIONAL SECURITY. (a) Bonds, including |
|
refunding bonds, authorized by this subchapter may be additionally |
|
secured by a deed of trust lien on physical property of the |
|
district, franchises, easements, water rights and appropriation |
|
permits, leases, contracts, and all rights appurtenant to the |
|
property, vesting in the trustee the power to: |
|
(1) sell the property; and |
|
(2) take other action to further secure the bonds. |
|
(b) A purchaser under a sale under the deed of trust: |
|
(1) is the owner of the property and facilities |
|
purchased; and |
|
(2) is entitled to maintain and operate the property |
|
and facilities. (V.A.C.S. Art. 8280-182, Sec. 14.) |
|
Sec.9011.258.TRUST INDENTURE OR DEED OF TRUST. (a) A |
|
deed of trust lien conferred on the physical property may be |
|
combined with the trust indenture authorized by this chapter. |
|
(b) The trust indenture or deed of trust may provide for: |
|
(1) the security of the bonds and the operation and |
|
preservation of the trust estate in the manner prescribed by the |
|
board; |
|
(2) amendment or modification of the trust indenture |
|
or deed of trust; and |
|
(3) the issuance of bonds to replace lost or mutilated |
|
bonds. (V.A.C.S. Art. 8280-182, Sec. 15.) |
|
Sec.9011.259.USE OF BOND PROCEEDS. (a) The district may |
|
set aside an amount of proceeds from the sale of bonds issued under |
|
this subchapter for the payment of: |
|
(1) interest to accrue during two years after the |
|
purchase of a system or expected to accrue during construction and |
|
two years after construction; and |
|
(2) a reserve interest and sinking fund. |
|
(b) The resolution authorizing the bonds or a trust |
|
indenture may provide for setting aside amounts under Subsection |
|
(a). |
|
(c) The district may use proceeds from the sale of the bonds |
|
to pay an expense incurred in accomplishing the purposes of the |
|
district, including: |
|
(1) the fees of attorneys, engineers, or fiscal |
|
agents; and |
|
(2) the cost of printing and issuing the bonds. |
|
(V.A.C.S. Art. 8280-182, Sec. 10(h).) |
|
Sec.9011.260.APPOINTMENT OF RECEIVER. (a) On default or |
|
threatened default in the payment of the principal of or interest on |
|
bonds issued under this subchapter and payable wholly or partly |
|
from revenue, a court may, on petition of the holders of 25 percent |
|
of the outstanding bonds, appoint a receiver. |
|
(b) The receiver may collect and receive all district |
|
income, employ and discharge district agents and employees, take |
|
charge of money on hand, and manage the affairs of the district |
|
without consent or hindrance by the board. |
|
(c) The court may vest the receiver with any other power or |
|
duty the court finds necessary to protect the bondholders. |
|
(V.A.C.S. Art. 8280-182, Sec. 10(i).) |
|
Sec.9011.261.REFUNDING BONDS. (a) The district may issue |
|
refunding bonds without an election to refund outstanding bonds |
|
issued under this subchapter and interest on those bonds. |
|
(b) Refunding bonds may: |
|
(1) be issued to refund bonds of more than one series; |
|
(2) combine the pledges for the outstanding bonds for |
|
the security of the refunding bonds; or |
|
(3) be secured by a pledge of other or additional |
|
revenue. |
|
(c) The provisions of this subchapter regarding the |
|
issuance of other bonds and the remedies of the holders apply to |
|
refunding bonds. |
|
(d) The comptroller shall register the refunding bonds on |
|
surrender and cancellation of the bonds to be refunded. |
|
(e) Instead of issuing bonds to be registered on the |
|
surrender and cancellation of the bonds to be refunded, the |
|
district, in the resolution authorizing the issuance of the |
|
refunding bonds, may provide for the sale of the refunding bonds and |
|
the deposit of the proceeds in a bank at which the bonds to be |
|
refunded are payable. In that case, the refunding bonds may be |
|
issued in an amount sufficient to pay the interest on the bonds to |
|
be refunded to their option date or maturity date, and the |
|
comptroller shall register the refunding bonds without the |
|
surrender and cancellation of the bonds to be refunded. (V.A.C.S. |
|
Art. 8280-182, Sec. 13.) |
|
Sec.9011.262.BONDS EXEMPT FROM TAXATION. A bond issued |
|
under this subchapter, the transfer of the bond, and income from the |
|
bond, including profits made on the sale of the bond, are exempt |
|
from taxation in this state. (V.A.C.S. Art. 8280-182, Sec. 22 |
|
(part).) |
|
CHAPTER 9012. CROSBY MUNICIPAL UTILITY DISTRICT OF HARRIS COUNTY, |
|
TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9012.001. DEFINITIONS |
|
Sec. 9012.002. NATURE OF DISTRICT |
|
Sec. 9012.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
[Sections 9012.004-9012.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY AND EXCLUSIONS FROM DISTRICT |
|
TERRITORY |
|
Sec. 9012.051. DISTRICT TERRITORY |
|
Sec. 9012.052. EXCLUDING TERRITORY FROM THE DISTRICT |
|
Sec. 9012.053. HEARINGS FOR EXCLUSION OF TERRITORY |
|
[Sections 9012.054-9012.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec. 9012.101. COMPOSITION OF BOARD |
|
[Sections 9012.102-9012.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec. 9012.151. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS |
|
Sec. 9012.152. ACQUISITION OF IMPROVEMENTS |
|
Sec. 9012.153. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 9012.154. LIMIT ON EMINENT DOMAIN POWER |
|
Sec. 9012.155. DURATION OF CONTRACT FOR WATER PURCHASE |
|
OR SALE |
|
[Sections 9012.156-9012.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9012.201. TAX METHOD |
|
CHAPTER 9012. CROSBY MUNICIPAL UTILITY DISTRICT OF HARRIS COUNTY, |
|
TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.9012.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "District" means the Crosby Municipal Utility |
|
District of Harris County, Texas. (V.A.C.S. Art. 8280-315, Sec. 1 |
|
(part); New.) |
|
Sec.9012.002.NATURE OF DISTRICT. The district is: |
|
(1) a conservation and reclamation district under |
|
Section 59, Article XVI, Texas Constitution; |
|
(2) a water control and improvement district; and |
|
(3) a municipal corporation. (V.A.C.S. Art. 8280-315, |
|
Secs. 1 (part), 7 (part), 8 (part).) |
|
Sec.9012.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property in the district will benefit |
|
from the creation of the district and the improvements the district |
|
will purchase, construct, or otherwise acquire. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(V.A.C.S. Art. 8280-315, Secs. 7 (part), 8 (part).) |
|
[Sections 9012.004-9012.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY AND EXCLUSIONS FROM DISTRICT |
|
TERRITORY |
|
Sec.9012.051.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 1, Chapter 554, Acts |
|
of the 59th Legislature, Regular Session, 1965 (Article 8280-315, |
|
Vernon's Texas Civil Statutes), as that territory may have been |
|
modified under: |
|
(1) Subchapter O, Chapter 51, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; |
|
(3) former Section 5, Chapter 554, Acts of the 59th |
|
Legislature, Regular Session, 1965 (Article 8280-315, Vernon's |
|
Texas Civil Statutes); or |
|
(4) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue bonds or to pay the |
|
principal of and interest on the bonds; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (V.A.C.S. Art. 8280-315, Sec. 2; New.) |
|
Sec.9012.052.EXCLUDING TERRITORY FROM THE DISTRICT. (a) |
|
The board may exclude territory from the district before voting any |
|
bonds or taxes in and for the district. |
|
(b) The board shall give notice of its intention to hold a |
|
hearing on the question of excluding territory from the district. |
|
The notice must: |
|
(1) specify the date and place of the hearing; and |
|
(2) describe by metes and bounds the territory |
|
proposed to be excluded. |
|
(c) The notice must be published at least once in a |
|
newspaper of general circulation in Harris County. The first |
|
publication of the notice must be at least 10 days before the date |
|
set for the hearing. |
|
(d) The board by order may exclude the territory from the |
|
district if at the hearing the board finds that the proposed |
|
exclusion of territory is advantageous to the district and to the |
|
territory to be excluded. In the order, the board shall also |
|
redefine the boundaries of the district to embrace all land not |
|
excluded. The territory is no longer a part of the district. |
|
(e) The order authorizing the exclusion must be recorded in |
|
the board minutes. (V.A.C.S. Art. 8280-315, Sec. 5 (part).) |
|
Sec.9012.053.HEARINGS FOR EXCLUSION OF TERRITORY. (a) |
|
The board is not required to call or hold a hearing on the exclusion |
|
of land or other property from the district. |
|
(b) This section may not be construed to prevent the board |
|
on its own motion from calling and holding an exclusion hearing |
|
under general law. (V.A.C.S. Art. 8280-315, Sec. 7 (part).) |
|
[Sections 9012.054-9012.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec.9012.101.COMPOSITION OF BOARD. The board is composed |
|
of five directors. (V.A.C.S. Art. 8280-315, Sec. 4 (part).) |
|
[Sections 9012.102-9012.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec. 9012.151. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS. The district has the rights, powers, privileges, and |
|
duties provided by general law applicable to a water control and |
|
improvement district created under Section 59, Article XVI, Texas |
|
Constitution, including Chapters 49 and 51, Water Code. (V.A.C.S. |
|
Art. 8280-315, Sec. 3 (part).) |
|
Sec.9012.152.ACQUISITION OF IMPROVEMENTS. The district |
|
may make, construct, or otherwise acquire improvements inside or |
|
outside the district that are necessary or convenient to carry out a |
|
power granted to the district under this chapter or a general law |
|
described by Section 9012.151. (V.A.C.S. Art. 8280-315, Sec. 3 |
|
(part).) |
|
Sec.9012.153.COST OF RELOCATING OR ALTERING PROPERTY. |
|
(a) In this section, "sole expense" means the actual cost of |
|
relocating, raising, lowering, rerouting, or changing the grade of, |
|
or altering the construction of a facility described by Subsection |
|
(b) in providing comparable replacement without enhancement of the |
|
facility, after deducting from that cost the net salvage value |
|
derived from the old facility. |
|
(b) If the district's exercise of the power of eminent |
|
domain, the power of relocation, or any other power conferred by |
|
this chapter makes necessary the relocation, raising, rerouting, |
|
changing the grade, or alteration of the construction of a highway, |
|
a railroad, an electric transmission line, or a telephone or |
|
telegraph property or facility, or a pipeline, the necessary action |
|
shall be accomplished at the sole expense of the district. |
|
(V.A.C.S. Art. 8280-315, Sec. 3 (part).) |
|
Sec.9012.154.LIMIT ON EMINENT DOMAIN POWER. The district |
|
may not exercise the power of eminent domain outside the district. |
|
(V.A.C.S. Art. 8280-315, Sec. 3 (part).) |
|
Sec. 9012.155. DURATION OF CONTRACT FOR WATER PURCHASE OR |
|
SALE. A district contract for the purchase or sale of water may not |
|
exceed 40 years. (V.A.C.S. Art. 8280-315, Sec. 3 (part).) |
|
[Sections 9012.156-9012.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec.9012.201.TAX METHOD. (a) The district shall use the |
|
ad valorem basis or plan of taxation. |
|
(b) The board is not required to hold a hearing on the |
|
adoption of a plan of taxation. (V.A.C.S. Art. 8280-315, Sec. 7 |
|
(part).) |
|
CHAPTER 9013. CNP UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9013.001. DEFINITIONS |
|
Sec. 9013.002. NATURE OF DISTRICT |
|
Sec. 9013.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
[Sections 9013.004-9013.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS |
|
TO DISTRICT TERRITORY |
|
Sec. 9013.051. DISTRICT TERRITORY |
|
Sec. 9013.052. EXPANSION OF DISTRICT |
|
[Sections 9013.053-9013.100 reserved for expansion] |
|
SUBCHAPTER C. DISTRICT ADMINISTRATION |
|
Sec. 9013.101. COMPOSITION OF BOARD |
|
Sec. 9013.102. DIRECTOR'S BOND |
|
Sec. 9013.103. VACANCY |
|
Sec. 9013.104. DISTRICT OFFICE |
|
Sec. 9013.105. ABSENCE OF PRESIDENT FROM BOARD MEETING |
|
[Sections 9013.106-9013.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec. 9013.151. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 9013.152. ADDITIONAL POWERS AND DUTIES |
|
Sec. 9013.153. EMINENT DOMAIN |
|
Sec. 9013.154. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 9013.155. CONTRACT FOR PURCHASE OF WATER, SEWER, |
|
OR DRAINAGE SERVICES; ELECTION NOT |
|
REQUIRED |
|
Sec. 9013.156. NOTICE OF ELECTION |
|
Sec. 9013.157. DISTRICT RULES |
|
[Sections 9013.158-9013.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9013.201. TAX METHOD |
|
Sec. 9013.202. DISTRICT ACCOUNTS |
|
Sec. 9013.203. COPY OF AUDIT REPORT |
|
Sec. 9013.204. PAYMENT OF TAX OR ASSESSMENT NOT |
|
REQUIRED |
|
Sec. 9013.205. DIRECTOR AS SHAREHOLDER IN DEPOSITORY |
|
[Sections 9013.206-9013.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 9013.251. ISSUANCE OF BONDS |
|
Sec. 9013.252. ADDITIONAL SECURITY |
|
Sec. 9013.253. TRUST INDENTURE |
|
Sec. 9013.254. ORDER OR RESOLUTION AUTHORIZING |
|
ISSUANCE OF CERTAIN BONDS |
|
CHAPTER 9013. CNP UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec.9013.001.DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "District" means the CNP Utility District. |
|
(V.A.C.S. Art. 8280-466, Sec. 1 (part); New.) |
|
Sec.9013.002.NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (V.A.C.S. Art. |
|
8280-466, Sec. 1 (part).) |
|
Sec.9013.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(d) The accomplishment of the purposes stated in this |
|
chapter is for the benefit of the people of this state and for the |
|
improvement of their property and industries. The district, in |
|
carrying out the purposes of this chapter, will be performing an |
|
essential public function under the constitution. (V.A.C.S. Art. |
|
8280-466, Secs. 1 (part), 4, 24 (part).) |
|
[Sections 9013.004-9013.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS |
|
TO DISTRICT TERRITORY |
|
Sec.9013.051.DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 2, Chapter 751, Acts |
|
of the 61st Legislature, Regular Session, 1969, as that territory |
|
may have been modified under: |
|
(1) Subchapter O, Chapter 51, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, and |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or the |
|
board. (V.A.C.S. Art. 8280-466, Sec. 3; New.) |
|
Sec.9013.052.EXPANSION OF DISTRICT. (a) If land is added |
|
to the district under Section 49.301 or 51.714, Water Code, the |
|
board may require the petitioners: |
|
(1) to assume the petitioners' pro rata share of the |
|
voted but unissued bonds of the district; and |
|
(2) to authorize the board to impose a tax on the |
|
petitioners' property to pay for the bonds after the bonds have been |
|
issued. |
|
(b) If land is annexed in the manner provided by Section |
|
49.302, Water Code, the board may also submit a proposition to the |
|
voters of the area to be annexed on the question of the assumption |
|
by the area to be annexed of its part of the voted but not yet issued |
|
or sold tax or tax-revenue bonds of the district and the imposition |
|
of an ad valorem tax on taxable property within the area to be |
|
annexed along with a tax on the rest of the district for the payment |
|
of the bonds. |
|
(c) If the petitioners consent or if the election results |
|
favorably, the district may issue its voted but unissued tax or |
|
tax-revenue bonds regardless of changes to district boundaries |
|
since the original voting or authorization of the bonds. (V.A.C.S. |
|
Art. 8280-466, Sec. 9.) |
|
[Sections 9013.053-9013.100 reserved for expansion] |
|
SUBCHAPTER C. DISTRICT ADMINISTRATION |
|
Sec.9013.101.COMPOSITION OF BOARD. The board consists of |
|
five directors. (V.A.C.S. Art. 8280-466, Sec. 10 (part).) |
|
Sec.9013.102.DIRECTOR'S BOND. (a) Each director shall |
|
give bond in the amount of $5,000 for the faithful performance of |
|
the director's duties. |
|
(b) The bond must be: |
|
(1) approved by the county judge and the board; |
|
(2) filed in the office of the county clerk of the |
|
county or counties in which the district is located; and |
|
(3) recorded in a record book kept for that purpose in |
|
the district office. (V.A.C.S. Art. 8280-466, Sec. 10 (part).) |
|
Sec.9013.103.VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy in the office of director shall be filled |
|
in the manner provided by Section 49.105, Water Code. |
|
(b) The county judge of the county in which the district is |
|
located shall appoint directors to fill all vacancies on the board |
|
whenever the number of qualified directors is fewer than three. |
|
(V.A.C.S. Art. 8280-466, Sec. 10 (part).) |
|
Sec.9013.104.DISTRICT OFFICE. (a) Except as provided by |
|
this section, the board shall designate, establish, and maintain a |
|
district office as provided by Section 49.062, Water Code. |
|
(b) The board may establish a second district office outside |
|
the district. If the board establishes a second district office, |
|
the board shall give notice of the location of that office by: |
|
(1) filing a copy of the board resolution that |
|
establishes the location of the office: |
|
(A) with the Texas Commission on Environmental |
|
Quality; and |
|
(B) in the water control and improvement district |
|
records of each county in which the district is located; and |
|
(2) publishing notice of the location of the office in |
|
a newspaper of general circulation in each county in which the |
|
district is located. |
|
(c) A district office that is a private residence, office, |
|
or dwelling is a public place for matters relating to district |
|
business. |
|
(d) The board shall provide notice of any change in the |
|
location of the district office outside the district in the manner |
|
required by Subsection (b). (V.A.C.S. Art. 8280-466, Sec. 15.) |
|
Sec.9013.105.ABSENCE OF PRESIDENT FROM BOARD MEETING. If |
|
the board president is absent from a board meeting: |
|
(1) the board vice president may: |
|
(A) sign an order adopted at the meeting; or |
|
(B) implement any other action taken at the |
|
meeting; or |
|
(2) the board may authorize the president to sign the |
|
order or implement the action. (V.A.C.S. Art. 8280-466, Sec. 10 |
|
(part).) |
|
[Sections 9013.106-9013.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec. 9013.151. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS AND DUTIES. The district has all of the rights, powers, |
|
privileges, authority, and functions conferred by the general laws |
|
of the state relating to water control and improvement districts |
|
created under Section 59, Article XVI, Texas Constitution, |
|
including those conferred by Chapters 49 and 51, Water Code. |
|
(V.A.C.S. Art. 8280-466, Sec. 5 (part).) |
|
Sec.9013.152.ADDITIONAL POWERS AND DUTIES. (a) The |
|
district may: |
|
(1) make, purchase, construct, lease, or otherwise |
|
acquire property, works, facilities, existing improvements, or |
|
improvements to be made, constructed, or acquired that are: |
|
(A) inside or outside the district's boundaries; |
|
and |
|
(B) necessary to carry out the powers granted by |
|
this chapter or general law; or |
|
(2) enter into a contract with a person on terms the |
|
board considers desirable, fair, and advantageous for: |
|
(A) the purchase or sale of water; |
|
(B) the transportation, treatment, and disposal |
|
of the domestic, industrial, or communal wastes of the district or |
|
others; |
|
(C) the continuing and orderly development of |
|
land and property in the district through the purchase, |
|
construction, or installation of facilities, works, or |
|
improvements that the district is otherwise authorized to do or |
|
perform so that, to the greatest extent reasonably possible, |
|
considering sound engineering and economic practices, all of the |
|
land and property may ultimately receive the services of the |
|
facilities, works, or improvements; and |
|
(D) the performance of any of the powers granted |
|
by this chapter or general law. |
|
(b) A contract under Subsection (a)(2) may not have a |
|
duration of more than 40 years. (V.A.C.S. Art. 8280-466, Sec. 5 |
|
(part).) |
|
Sec.9013.153.EMINENT DOMAIN. The district may exercise |
|
the power of eminent domain only: |
|
(1) in a county in which the district is located; and |
|
(2) when necessary to carry out the purposes for which |
|
the district was created. (V.A.C.S. Art. 8280-466, Sec. 13 |
|
(part).) |
|
Sec.9013.154.COST OF RELOCATING OR ALTERING PROPERTY. |
|
(a) In this section, "sole expense" means the actual cost of |
|
relocating, raising, lowering, rerouting, or changing the grade of |
|
or altering the construction of a facility described by Subsection |
|
(b) in providing comparable replacement without enhancement of the |
|
facility, after deducting from that cost the net salvage value of |
|
the old facility. |
|
(b) If the district's exercise of the power of eminent |
|
domain, the power of relocation, or any other power conferred by |
|
this chapter makes necessary relocating, raising, rerouting, |
|
changing the grade, or altering the construction of a highway, a |
|
railroad, an electric transmission line, a telegraph or telephone |
|
property or facility, or a pipeline, the necessary action shall be |
|
accomplished at the sole expense of the district. (V.A.C.S. Art. |
|
8280-466, Sec. 13 (part).) |
|
Sec. 9013.155. CONTRACT FOR PURCHASE OF WATER, SEWER, OR |
|
DRAINAGE SERVICES; ELECTION NOT REQUIRED. (a) The district may |
|
enter into a contract with a political subdivision for water, |
|
sewer, or drainage services or any combination of those services |
|
without the necessity of an election by any contracting party. |
|
(b) The district may pay for an obligation incurred by such |
|
a contract by issuing bonds that, if otherwise necessary, have been |
|
approved by the voters in the manner provided by this chapter. |
|
(c) The district may deliver the district's bonds to any of |
|
the following parties that enters into such a contract with the |
|
district: |
|
(1) the United States; |
|
(2) an agency or instrumentality of the United States; |
|
(3) this state; or |
|
(4) an agency or instrumentality of this state. |
|
(V.A.C.S. Art. 8280-466, Sec. 5 (part).) |
|
Sec.9013.156.NOTICE OF ELECTION. The board president or |
|
secretary may give notice of an election. (V.A.C.S. Art. 8280-466, |
|
Sec. 19.) |
|
Sec.9013.157.DISTRICT RULES. The district shall adopt |
|
and enforce reasonable and effective rules to secure and maintain |
|
safe, sanitary, and adequate plumbing installations, connections, |
|
and appurtenances as subsidiary parts of the district's sewerage |
|
system to preserve the quality of water within or controlled by the |
|
district. (V.A.C.S. Art. 8280-466, Sec. 16.) |
|
[Sections 9013.158-9013.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec.9013.201.TAX METHOD. (a) The board shall use the ad |
|
valorem plan of taxation. |
|
(b) The board is not required to hold a hearing on the |
|
adoption of a plan of taxation. (V.A.C.S. Art. 8280-466, Sec. 8.) |
|
Sec.9013.202.DISTRICT ACCOUNTS. The district shall keep |
|
a complete system of the district's accounts. (V.A.C.S. Art. |
|
8280-466, Sec. 14 (part).) |
|
Sec.9013.203.COPY OF AUDIT REPORT. A copy of the audit |
|
report prepared under Subchapter G, Chapter 49, Water Code, shall |
|
be delivered: |
|
(1) to each director; and |
|
(2) on request to a holder of at least 25 percent of |
|
the outstanding bonds of the district. (V.A.C.S. Art. 8280-466, |
|
Sec. 14 (part).) |
|
Sec.9013.204.PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. |
|
The district is not required to pay a tax or assessment on: |
|
(1) district property; or |
|
(2) a purchase made by the district. (V.A.C.S. Art. |
|
8280-466, Sec. 24 (part).) |
|
Sec.9013.205.DIRECTOR AS SHAREHOLDER IN DEPOSITORY. A |
|
director may be a shareholder in a depository of district funds. |
|
(V.A.C.S. Art. 8280-466, Sec. 14 (part).) |
|
[Sections 9013.206-9013.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec.9013.251.ISSUANCE OF BONDS. (a) The district may |
|
issue bonds payable from taxes or revenue to provide money for any |
|
purpose of this chapter, including the acquisition of land. |
|
(b) The district must issue bonds in the manner provided by |
|
Chapters 49 and 51, Water Code, except that the district may issue |
|
bonds payable solely from net revenue by resolution or order of the |
|
board without an election. |
|
(c) Bonds issued under this subchapter may be payable from |
|
all or any designated part of the revenue of district property and |
|
facilities or under a specific contract, as provided in the order or |
|
resolution authorizing the issuance of bonds. (V.A.C.S. Art. |
|
8280-466, Sec. 12 (part).) |
|
Sec.9013.252.ADDITIONAL SECURITY. (a) Within the |
|
discretion of the board, bonds issued under this subchapter may be |
|
additionally secured by a deed of trust or mortgage lien on physical |
|
property of the district and franchises, easements, water rights |
|
and appropriation permits, leases, contracts, and all rights |
|
appurtenant to that property, vesting in the trustee the power to: |
|
(1) sell the property for payment of the debt; |
|
(2) operate the property; and |
|
(3) take any other action to secure the bonds. |
|
(b) A purchaser under a sale under the deed of trust or |
|
mortgage lien of the property: |
|
(1) is the absolute owner of the property, facilities, |
|
and rights purchased; and |
|
(2) may maintain and operate the property and |
|
facilities. (V.A.C.S. Art. 8280-466, Sec. 12 (part).) |
|
Sec.9013.253.TRUST INDENTURE. A trust indenture created |
|
under Section 9013.252, regardless of the existence of a deed of |
|
trust or mortgage lien on the property, may: |
|
(1) provide for the security of the bonds and the |
|
preservation of the trust estate in the manner prescribed by the |
|
board; |
|
(2) provide for amendment or modification of the trust |
|
indenture; |
|
(3) provide for the issuance of bonds to replace lost |
|
or mutilated bonds; |
|
(4) condition the right to spend district money or |
|
sell district property on the approval of a licensed engineer |
|
selected as provided by the trust indenture; and |
|
(5) provide for the investment of district money. |
|
(V.A.C.S. Art. 8280-466, Sec. 12 (part).) |
|
Sec. 9013.254. ORDER OR RESOLUTION AUTHORIZING ISSUANCE OF |
|
CERTAIN BONDS. (a) In an order or resolution authorizing the |
|
issuance of revenue, tax-revenue, revenue refunding, or |
|
tax-revenue refunding bonds, the board may: |
|
(1) provide for: |
|
(A) the flow of funds; and |
|
(B) the establishment and maintenance of the |
|
interest and sinking fund, reserve fund, or other fund; |
|
(2) make additional covenants with respect to the |
|
bonds and the pledged revenue and the operation and maintenance of |
|
the improvements and facilities the revenue of which is pledged, |
|
which may include provisions for the operation or leasing of all or |
|
part of the improvements and facilities and the use or pledge of |
|
money received from the operation contract or lease as the board |
|
considers appropriate; |
|
(3) prohibit the further issuance of bonds or other |
|
obligations payable from the pledged revenue or reserve the right |
|
to issue additional bonds to be secured by a pledge of and payable |
|
from the revenue on a parity with, or subordinate to, the lien and |
|
pledge in support of the bonds being issued, subject to any |
|
conditions set forth in the order or resolution; and |
|
(4) include any other provision or covenant not |
|
prohibited by the Texas Constitution or this chapter. |
|
(b) The board may adopt and execute any other proceeding or |
|
instrument necessary or convenient in the issuance of the bonds. |
|
(V.A.C.S. Art. 8280-466, Sec. 12 (part).) |
|
ARTICLE 2. CONFORMING AMENDMENTS |
|
SECTION 2.01. Section 1, Chapter 668, Acts of the 64th |
|
Legislature, Regular Session, 1975, is amended to read as follows: |
|
Sec. 1. The boundaries [Pursuant to the provisions of
|
|
Article IX, Section 9, of the Texas Constitution, this Act
|
|
authorizes the creation, establishment, maintenance, operation,
|
|
and financing] of the Follett Hospital District of Lipscomb County |
|
[the boundaries of which] are described as follows: |
|
"Beginning at the Northeast corner of Lipscomb County at the |
|
Northeast corner of the Texas Panhandle at a corner of the State |
|
Boundary Line between Texas and Oklahoma; |
|
Thence South along the East line of Lipscomb County and along |
|
the State Boundary Line, about 15.5 miles, to an extension of the |
|
South line of Section 705, Block 43, H&TC RR Co. Surveys in Lipscomb |
|
County, Texas; |
|
Thence West along said extension and along the South line of |
|
Sections 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, |
|
717, 718, 719, 720, 721, 722, 723, 724 and 725 all in said Block 43, |
|
about 21.5 miles, to the Southwest corner of said Section 725; |
|
Thence North along the West line of said Section 725, about |
|
one mile, to the Northwest corner of said Section 725; |
|
Thence East along the North line of Sections 725, 724, 723, |
|
722, 721, 720, 719, 718, 717, and 716 all in said Block 43, about 10 |
|
miles, to the Northeast corner of said Section 716 which is also the |
|
Southwest corner of Section 782 in said Block 43; |
|
Thence North along the West line of Sections 782, 803 and 870 |
|
in said Block 43, about 3 miles, to the Northwest corner of said |
|
Section 870 which is also the Southeast corner of Section 892 in |
|
said Block 43; |
|
Thence West along the South line of Section 892 and Section |
|
893 in said Block 43, about 2 miles, to the Southwest corner of said |
|
Section 893; |
|
Thence North along the West line of said Section 893, about |
|
one mile, to the Northwest corner of said Section 893 which is also |
|
the Southeast corner of Section 955 in said Block 43; |
|
Thence West along the South line of said Section 955, about |
|
one mile, to the Southwest corner of said Section 955; |
|
Thence North along the West line of Sections 955, 982, 1043, |
|
1070, 1131 and 1158 all in said Block 43, about 6 miles, to a point |
|
in the South line of Section 163, Block 10, H&GN RR Co. Surveys; |
|
Thence West along the South line of said Section 163 to the |
|
Southwest corner of said Section 163; |
|
Thence North along the West line of said Section 163 and along |
|
the West line of Sections 102, 75 and 14, Block 10, H&TB RR Co. |
|
Surveys and an extension of said line, about 4.5 miles, to its |
|
intersection with the North line of Lipscomb County which is also |
|
the State Boundary Line between Texas and Oklahoma; |
|
Thence East along said North line of Lipscomb County and said |
|
State Boundary Line, about 14.5 miles, to PLACE OF BEGINNING." |
|
SECTION 2.02. Section 1, Chapter 539, Acts of the 63rd |
|
Legislature, Regular Session, 1973, is amended to read as follows: |
|
Sec. 1. The boundaries [Pursuant to the provisions of
|
|
Article IX, Section 9, of the Texas Constitution, this Act shall be
|
|
operative so as to authorize the creation, establishment,
|
|
maintenance, and operation] of the Darrouzett Hospital District of |
|
Lipscomb County, Texas, [the boundaries of which] are described as |
|
follows, to-wit: |
|
BEGINNING at the intersection of the state boundary line |
|
between Texas and Oklahoma and the eastern boundary line of |
|
Sections 23 and 66 of Block 10, H. T. & B. Survey, Lipscomb County, |
|
Texas; |
|
THENCE Southerly along the eastern boundaries of Sections 66, |
|
23, and 111, in Block 10, H. T. & B. Survey and of Section 154, Block |
|
10, S.P. R.R. Survey, to the point of intersection of the eastern |
|
boundary of said Section 154 with the south boundary of Section 155 |
|
of Block 10 of the Southern Pacific R. R. Survey; |
|
THENCE East along the south boundary of Section 155 of Block |
|
10 of the Southern Pacific R. R. Survey to its point of intersection |
|
with the east boundary of Section 1167, Block 43, H. & T. C. R. R. |
|
Co. Survey; |
|
THENCE South along the east boundary of said Section 1167 and |
|
continuing south along the east boundaries of Sections 1122, 1079, |
|
1034, 991, 946, 903, 858, 815, 770, and 727 of Block 43, H. & T. C. |
|
R. R. Co. Survey to the southwest corner of Section 726 (which is |
|
the same as the southeast corner of Section 727); |
|
THENCE East approximately one mile along the southern |
|
boundary of Section 726 to the southeast corner of the said Section |
|
726; |
|
THENCE North approximately one mile along the eastern |
|
boundary of the said Section 726 to the Southwest corner of Section |
|
772 (which is the same as the northeast corner of Section 726); |
|
THENCE East along the south boundary line of Sections 772, |
|
773, 774, 775, 776, 777, 778, 779, 780 and 781, all in Block 10, H. & |
|
T. C. R. R. Co. Survey to the southeast corner of the said Section |
|
781; |
|
THENCE North approximately three miles along the east |
|
boundary of Sections 781, 804 and 869 to the northeast corner of the |
|
said Section 869; |
|
THENCE West approximately two miles along the north boundary |
|
line of Sections 869 and 868 to the southeast corner of Section 894 |
|
(which is the same as the northwest corner of Section 868); |
|
THENCE North approximately one mile along the eastern |
|
boundary of Section 894; |
|
THENCE West approximately one mile along the north boundary |
|
of the said Section 894 to the southeast corner of Section 954 |
|
(which is the same as the northwest corner of Section 894); |
|
THENCE North along the eastern boundary of Sections 954, 983, |
|
1042, 1071, 1130, and 1159 to the intersection of the said eastern |
|
boundary line of Section 1159 with the south boundary line of |
|
Section 163, Block 10, H. & G. N. R. R. Co. Survey; |
|
THENCE West along the south boundary of Section 163 to the |
|
east boundary line of Section 162, Block 10, H. & G. R. R. Co. |
|
Survey; |
|
THENCE North along the east boundary line of the said Section |
|
162, and of Sections 103, 74 and 15, Block 10, H. T. & B. R. R. Co. |
|
Survey to the state boundary line between Texas and Oklahoma; |
|
THENCE West along the said state boundary of Texas and |
|
Oklahoma to the PLACE OF BEGINNING. |
|
[The Darrouzett Hospital District shall include all of the
|
|
present territory of the Darrouzett Independent School District
|
|
except for that part of the school district which is already in the
|
|
Booker Hospital District.] |
|
SECTION 2.03. Section 1, Chapter 561, Acts of the 63rd |
|
Legislature, Regular Session, 1973, is amended to read as follows: |
|
Sec. 1. The [Pursuant to the authority granted by the
|
|
provisions of Article IX, Section 9, of the Texas Constitution,
|
|
the] Hamlin Hospital District[, hereinafter referred to as
|
|
district,] is [hereby authorized to be created and established so
|
|
as to be] composed of all the territory and property in Jones County |
|
included within the following boundaries: |
|
Beginning at a point on the North line of Jones County at its |
|
intersection with the East line of Section 87, BBB&C RR Co. lands, |
|
said point being also on the boundary of the Stamford Hospital |
|
District; |
|
Thence South with the East lines of Sections 87, 88, 89, 90, |
|
91, BBB&C RR Co. lands to the SE corner of Section 91, the NE corner |
|
of Section 92, same lands; |
|
Thence West with the South lines of Sections 91 and 102 to the |
|
mid-point of the South line of Section 102, same lands; |
|
Thence South across Sections 101 and 100 to the mid-point of |
|
the South line Section 100, same lands; |
|
Thence West with the South line of Section 100 to the |
|
Southwest corner of said Section 100; |
|
Thence South with the West line of Section 99, same lands and |
|
the West lines of Sections 7 and 8, GH&H RR Co. Survey to a point in |
|
the East line of the McMullen and McGloin League 336; |
|
Thence S 15 deg. E with the East line of League 336 to its SE |
|
corner; |
|
Thence S 75 deg. W with the South line of League 336 to the NE |
|
corner of Sub-division 12 of the L. Kratz League 335; |
|
Thence S 15 deg. E with the East lines of Subdivisions 12, 17 |
|
and 26, League 335 to a point in the North line of the Harrison |
|
County School Lands League 334; |
|
Thence S 75 deg. W with the North line of League 334 to the NE |
|
corner of Subdivision 30, League 334; |
|
Thence S 15 deg. E with the East lines of Subdivisions 30 and |
|
43 to the mid-point of said League 334; |
|
Thence S 75 deg. W to the mid-point of the West line of said |
|
League 334; |
|
Thence S 15 deg. E with the West lines of League 334 and 333 |
|
Harrison County School Lands to the SW corner of League 333 on the |
|
North line of Section 44, S. P. RR Co. Block 2; |
|
Thence S 75 deg. W with the North line of said Sec. 44 to its |
|
NW corner; |
|
Thence South with the West lines of Sections 44 and 43, S. P. |
|
RR to the SW corner of said Section 43 on the North line of the S. |
|
Redman pre-emption Survey; |
|
Thence N 75 deg. E to the NE corner of said Redman Survey; |
|
Thence S 15 deg. E with the East lines of the S. Redman and W. |
|
S. Coulson Survey 212 to the NE corner of the M. Northington Survey |
|
270 on the Clear Fork of the Brazos River; |
|
Thence down the river with its meanders and with the East line |
|
of the M. Northington Survey 270 and the North lines of the J. M. |
|
Cloud Survey 269, J. C. Hunt Survey 268, the M. Fragosa Survey 267, |
|
the S. Jones Survey 266 and the A. B. Jones Survey 265 to the NE |
|
corner of Survey 265; |
|
Thence S 15 deg. E with the East line of Section 265 to its SE |
|
corner on the North line of Section 9, Blk. 17, T&P RR Co.; |
|
Thence S 75 deg. W with the North line of Section 9 to its NW |
|
corner; |
|
Thence S 13 deg. E with the East lines of Sections 8, 13, 16 |
|
same lands and crossing Section 22, same lands to a point in the |
|
North line of the G. A. Kirkland Survey 2; |
|
Thence N 75 deg. E with the North line of said Survey 2 to the |
|
NE corner of Subdivision 63; |
|
Thence S 15 deg. E with the East line of Subdivision 63 to a |
|
point in the North line of Dewitt County School Lands League 126; |
|
Thence N 77 deg. E with the North line of League 126 to its NE |
|
corner; |
|
Thence S 13 deg. E with the East line of League 126 and |
|
Section 23, Blk. 17, T&P RR to a point in the South line of Jones |
|
County; |
|
Thence West with South County line of Jones County across |
|
Blk. 17, T&P RR Co. Dewitt County School Lands Leagues 125 and 149, |
|
Blks. 18, 19, T&P RR Co. to the SW corner of Jones County, the SE |
|
corner of Fisher County; |
|
Thence North with the West county line of Jones County across |
|
the R. S. Spiers Survey 283, E. Miles Survey 219, J. S. Hail Survey |
|
2, Goliad County School Land Leagues 360, 359 and 358, J. Rodriquez |
|
Survey 357, I. De La Garza Survey 356, Austin & Williams Survey 355 |
|
and 354, BBB&C RR Co. Blk. 1, Sections 181, 182 and 183, and others |
|
to the NW corner of Jones County and the NE corner of Fisher County; |
|
Thence East with the North county line of Jones County across |
|
the W. E. Kaye Survey and Sections 171, 158, 152, 139, 134, 121, |
|
115, 106 and 87, BBB&C RR Co. lands to the place of beginning. |
|
SECTION 2.04. (a) Section 1, Chapter 666, Acts of the 64th |
|
Legislature, Regular Session, 1975, is amended to read as follows: |
|
Sec. 1. In addition to the boundaries described by Section |
|
1, Chapter 667, Acts of the 64th Legislature, Regular Session, |
|
1975, the boundaries [Pursuant to the provisions of Article IX,
|
|
Section 9, of the Texas Constitution, this Act authorizes the
|
|
creation, establishment, maintenance, operation, and financing] of |
|
the Higgins-Lipscomb [Higgins] Hospital District [of Lipscomb
|
|
County, the boundaries of which] are described as follows[, unless
|
|
expansion of the district is authorized under Sections 4A, 4B, and
|
|
4C of this Act]: |
|
"Beginning at the Southeast corner of Lipscomb County on the |
|
State Boundary Line between Texas and Oklahoma; |
|
Thence West along the South line of Lipscomb County about |
|
12.5 miles to the West line of Section 77, Block 43, H&TC RR Co. |
|
Surveys; |
|
Thence North along the West line of Sections 77, 100, 165, |
|
188, 253, 276, 341, 364 and 429 in said Block 43, about 9 miles, to |
|
the Northwest corner of said Section 429; |
|
Thence East along the North line of said Section 429, about |
|
one mile, to the Northeast corner of said Section 429 which is also |
|
the Southwest corner of Section 451 in said Block 43; |
|
Thence North along the West line of Sections 451, 518, 539, |
|
606, 627 and 694 in said Block 43, about 6 miles, to the Northwest |
|
corner of said Section 694; |
|
Thence East along the North line of Sections 694, 695, 696, |
|
697, 698, 699, 700, 701, 702, 703 and 704 and an extension of said |
|
line, about 11.5 miles, to its intersection with the East line of |
|
Lipscomb County which is also the State Boundary Line between Texas |
|
and Oklahoma; |
|
Thence South along said East line of Lipscomb County and said |
|
State Boundary Line, about 15 miles, to PLACE OF BEGINNING." |
|
(b) Section 1, Chapter 667, Acts of the 64th Legislature, |
|
Regular Session, 1975, is amended to read as follows: |
|
Sec. 1. In addition to the boundaries described by Section |
|
1, Chapter 666, Acts of the 64th Legislature, Regular Session, |
|
1975, the boundaries [Pursuant to the provisions of Article IX,
|
|
Section 9, of the Texas Constitution, this Act authorizes the
|
|
creation, establishment, maintenance, operation, and financing] of |
|
the Higgins-Lipscomb [Lipscomb] Hospital District [of Lipscomb
|
|
County, the boundaries of which] are described as follows: |
|
Beginning at the intersection of the South line of Lipscomb |
|
County with the West line of Section 67, Block 43, H&TC RR Co. |
|
Surveys; |
|
Thence North along the West line of Sections 67, 110, 155, |
|
198, 243, 286, 331, 374, 419, 462, 507, 550, 595, 638 and 683 all in |
|
said Block 43, about 15 miles, to the Northwest corner of said |
|
Section 683; |
|
Thence East along the North line of Sections 683, 684, 685, |
|
686, 687, 688, 689, 690, 691, 692, and 693 all in said Block 43, |
|
about 11 miles, to the Northeast corner of said Section 693; |
|
Thence South along the East line of Sections 693, 628, 605, |
|
540, 517 and 452 all in said Block 43, about 6 miles, to the |
|
Southeast corner of said Section 452; |
|
Thence West along the South line of said Section 452, about |
|
one mile, to the Southwest corner of said Section 452 which is also |
|
the Northeast corner of Section 428 in said Block 43; |
|
Thence South along the East line of Sections 428, 365, 340, |
|
277, 252, 189, 164, 101 and 76 all in said Block 43, about 9 miles, |
|
to the South line of Lipscomb County; |
|
Thence West along said South line of Lipscomb County, about |
|
10 miles, to PLACE OF BEGINNING. |
|
SECTION 2.05. Section 1.03, Chapter 45, Acts of the 71st |
|
Legislature, Regular Session, 1989, is amended to read as follows: |
|
Sec. 1.03. The [Except as provided by Section 3.07 of this
|
|
Act, the] district is located in Bailey and Parmer counties, and has |
|
the following boundaries: |
|
BEGINNING at the Northwest corner of Bailey County, Texas, |
|
said point being in the Texas-New Mexico state line: |
|
THENCE East along the North County Line of Bailey County, |
|
Texas, to a point in the north boundary of Section 18, Block X, W. D. & |
|
F. W. Johnson Subdivision in Bailey and Parmer Counties, Texas, |
|
said point being the southeast corner of the Farwell Hospital |
|
District which is in Parmer County, Texas; |
|
THENCE North along the east boundary of the Farwell Hospital |
|
District to a point in the east-west centerline of Section 29, |
|
Township 11 South, Range 3 East, Capital Syndicate Subdivision in |
|
Parmer County, Texas; |
|
THENCE East along the east-west centerlines of Sections 29, |
|
28, 27 and 26, all in Township 11 South, Range 3 East, Capital |
|
Syndicate Subdivision in Parmer County, Texas, to a point in the |
|
East boundary of said Section 26; |
|
THENCE North along the East boundary of said Section 26 to the |
|
Northwest corner of Section 18, Doud & Keefer Subdivision in Parmer |
|
County, Texas; |
|
THENCE East along the north boundaries of Sections 18, 17, |
|
16, 15, 14, and 13, Doud & Keefer Subdivision in Parmer County, |
|
Texas, and continuing East along the north boundaries of Sections |
|
69, 70, 71, 72, 73, 74 and 75, Block H, Kelly Subdivision in Parmer |
|
County, Texas, to the East County Line of Parmer County, Texas; |
|
THENCE South along the East County Line of Parmer County, |
|
Texas, to the Southeast Corner of Parmer County, Texas; |
|
THENCE West along the South County Line of Parmer County, |
|
Texas, to the Northeast corner of Bailey County, Texas; |
|
THENCE South on the county line between Bailey and Lamb |
|
Counties, Texas, to the Southeast corner of Labor 23, in League 206, |
|
Ochiltree County School Land; |
|
THENCE West on the League lines, between Leagues 206 and 207, |
|
of the Ochiltree County School Lands, to the Southwest corner of |
|
Labor 25, League 206, Ochiltree County School Land; |
|
THENCE jog South to the Northeast corner of Labor 1, of League |
|
203, Roberts County School Lands; |
|
THENCE West on the League Line of Leagues 204, Ochiltree |
|
County School Lands, and League 203, Roberts County School Lands, |
|
to the Northwest Corner of labor 1, League 203, Roberts County |
|
School Lands; |
|
THENCE South along the labor lines between Labors 2 and 1, 9 |
|
and 10, 12 and 11, 19 and 20, 22 and 21, League 203, Roberts County |
|
School Lands, and continuing South along the Labor lines between |
|
Labors 2 and 1, 9 and 10, 12 and 11, 19 and 20, 22 and 21, League 202, |
|
Roberts County School Lands, to a point in the North line of League |
|
201, Roberts County School Lands, and the Southeast corner of Labor |
|
22, League 202, Roberts County School Lands; |
|
THENCE West along the South line of League 202, Roberts |
|
County School Land, and the North line of League 201, Roberts County |
|
School Land, and continuing West along the South line of League 192, |
|
Foard County School Land, and the North line of League 193, Foard |
|
County School Land, to the Northeast corner of League 186, and the |
|
Southeast corner of league 187, both of Swisher County School Land; |
|
THENCE South on the League Line between League 186, Swisher |
|
County School Lands, and League 193, Foard County School Land, and |
|
League Line between League 185, Swisher County School Land, and |
|
League 194, Foard County School Land, and League Line between |
|
League 184, Swisher County School Land, and League 195, Foard |
|
County School Land, to the Southeast Corner of League 184, Swisher |
|
County School Lands, and Southwest Corner of League 195, Foard |
|
County School Lands; |
|
THENCE West on League lines between Leagues 184, Swisher |
|
County School Land, and League 183, Floyd County School Lands, |
|
League 179, Motley County School Lands, and League 180, Floyd |
|
County School Lands, League 167, Irion County School Lands, and |
|
League 166, Irion County School Lands; |
|
THENCE due West, across Section 9 in Block F, Leon Blum |
|
Survey; |
|
THENCE North along the West boundary line of said Block F, |
|
Leon Blum Survey, to the Northeast Corner of Section 26, Block B, |
|
Melvin, Blum and Blum Survey; |
|
THENCE West on the Section Line between Section 13 and |
|
Section 26, Block B, to the Southwest corner of Section 13, and |
|
Northwest corner of Section 26, all in Block B, aforesaid; |
|
THENCE North on the Section line between Sections 12 and 13 |
|
all in Block B, aforesaid, to the Northwest corner of Section 13, |
|
Block B, aforesaid; |
|
THENCE East on the Section line between Sections 13, Block B, |
|
aforesaid and Section 146, Block A, Melvin, Blum and Blum Survey, to |
|
the Northeast corner of Section 13, Block B, aforesaid, and |
|
Southeast corner of Section 146, Block A, aforesaid; |
|
THENCE North on the Block line between Block F and Block A, |
|
Melvin, Blum and Blum Survey, to a point being the Northeast corner |
|
of Section 120, Block A, aforesaid, also being the Southeast corner |
|
of Section 107, Block A, Melvin, Blum and Blum Survey; |
|
THENCE West along the Section lines, between Sections 107 and |
|
120, 106 and 119, 105 and 118, 104 and 117, 103 and 116, 102 and 115, |
|
101 and 114, 100 and 113, 99 and 112; |
|
THENCE continuing directly West to the Texas-New Mexico State |
|
Line to a Point; |
|
THENCE North along and on said Texas-New Mexico state Line, |
|
to the Northwest corner of Bailey County, Texas, this being the |
|
Place of Beginning. |
|
SECTION 2.06. Section 1, Chapter 55, Acts of the 40th |
|
Legislature, 1st Called Session, 1927, is amended to read as |
|
follows: |
|
Sec. 1. [That Brazos River Harbor Navigation District of
|
|
Brazoria County, in Brazoria County, Texas, as hereinafter
|
|
described by metes and bounds, is hereby created and established
|
|
under authority of Section 59, Article 16 of the Constitution of
|
|
Texas for the purpose of making improvements for the navigation of
|
|
inland and coastal waters, and for the preservation and
|
|
conservation of inland and coastal waters for navigation and for
|
|
control and distribution of storm and flood waters of rivers and
|
|
streams in aid of navigation; that all property, real and personal,
|
|
situated within said District and subject to taxation will be
|
|
benefited by the improvements to be constructed by said District;
|
|
and all orders of the Commissioners' Court of Brazoria County
|
|
heretofore made in respect to the creation of such district and the
|
|
authorization and issuance of $1,000,000 Bonds of such navigation
|
|
district be and the same are hereby in all things ratified and
|
|
validated. Said] Brazos River Harbor Navigation District of |
|
Brazoria County is described by metes and bounds [bouonds] as |
|
follows, to wit: |
|
Beginning at the Southwest corner of Brazoria County, being |
|
also the Southeast corner of Matagorda County, at the entrance of |
|
Cedar Lake into the Gulf of Mexico; thence with the line between |
|
Brazoria and Matagorda counties up said Cedar Lake to the upper line |
|
of the league of land granted to C. Harrison; thence Northwest with |
|
the line between Brazoria and Matagorda Counties to Lynville Bayou; |
|
thence up said Lynville Bayou and following the line between |
|
Brazoria and Matagorda Counties to the Western corner of the C. |
|
Garrett League, being a common corner of Brazoria, Matagorda and |
|
Wharton Counties; thence along the upper line of said Garrett |
|
league with the line between Brazoria and Wharton Counties to the |
|
San Bernard River; thence up said river to the west corner of the |
|
league of land on the East bank of said river granted to Wm. Prater; |
|
thence with the line between Brazoria and Fort Bend Counties along |
|
the upper line of said league to its North corner; thence southeast |
|
along the northeast line of said league, following the line between |
|
Brazoria and Fort Bend Counties, to the most westerly corner of the |
|
league of land granted to A. Darst; thence northeast along the upper |
|
line of said league, following the line between Brazoria and Fort |
|
Bend Counties, to the North corner of said A. Darst League; thence |
|
east in a direct line, following the line between Brazoria and Fort |
|
Bend Counties, to the south prong of Cow Creek, and thence down said |
|
Creek, following the line between Brazoria and Fort Bend Counties, |
|
to its mouth, the confluence with the Brazos River; thence West |
|
crossing the Brozas River to its East Bank; thence up the East bank |
|
of said Brazos River to the Northwest corner of the league of land |
|
granted to Francis Bingham; thence East along the North line of said |
|
Bingham league to its northeast corner, and continuing East along |
|
the North lines of Lavaca Navigation Company survey No. 1 and H. T. & |
|
B. R. R. Co. Surveys Nos. 51, 52, 53 and 54 to the Southwest line |
|
of the Oliver Hall Survey; thence Southeast along the Southwest |
|
line of said Oliver Hall Survey to its Southern Corner; thence |
|
Northeast along the Southeast line of said Oliver Hall Survey to the |
|
West bank of Chocolate Bayou; thence down the Western Bank of |
|
Chocolate Bayou with its meanders to the entrance of said Bayou into |
|
Chocolate Bay; thence along the western shore of Chocolate Bay and |
|
West Bay to San Luis Pass at the Gulf of Mexico; and thence |
|
southwesterly along the shore of the Gulf of Mexico to the place of |
|
beginning. |
|
SECTION 2.07. Section 4a, Chapter 55, Acts of the 40th |
|
Legislature, 1st Called Session, 1927, is amended to read as |
|
follows: |
|
Sec. 4a. The boundaries of the navigation precincts for [On
|
|
and after January 1, 1961,] the [governing body of] Brazos River |
|
Harbor Navigation District of Brazoria County are [shall be
|
|
composed of six Navigation and Canal Commissioners. For the
|
|
purpose of electing Navigation and Canal Commissioners, said
|
|
District is hereby divided into four Navigation Precincts] as |
|
follows: |
|
Navigation Precinct No. 1 shall contain that part of said |
|
District described by metes and bounds as follows: |
|
BEGINNING on the East Bank of the San Bernard River near its |
|
mouth at the northwest corner of the S. F. Austin Labor, Abstract |
|
No. 34, also being the common line of Commissioners Precinct 1 and 4 |
|
of Brazoria County, Texas; |
|
THENCE, in a northerly direction along said common line of |
|
said Commissioners Precinct 1 and 4 to its intersection with the |
|
common line between the Retrieve State Prison Farm and the old Lake |
|
Jackson Plantation; |
|
THENCE, along said common line in an easterly direction to |
|
its intersection with Oyster Creek; |
|
THENCE, down center line of said Oyster Creek in a |
|
southeasterly direction with its meanders to its intersection with |
|
the east line of said Retrieve State Prison Farm; |
|
THENCE, north along the common line between said Prison Farm |
|
and a 450 acre tract No. 78 to the northwest corner of said tract No. |
|
78; |
|
THENCE, east along the north line of tracts No. 78 and 77 to |
|
the northeast corner of the 450 acre tract No. 77; |
|
THENCE, south along the east line of said tract No. 77 to its |
|
intersection with Bastrop Bayou; |
|
THENCE, down said Bayou in an easterly direction to its |
|
intersection with the common line between a 400 acre tract No. 99A |
|
and a 902 acre tract No. 101; |
|
THENCE, following said common line east to its intersection |
|
with the center line of the Clute-Angleton County Road No. 288; |
|
THENCE, along the center line of said Clute-Angleton County |
|
Road No. 288 in a southerly direction to its intersection with |
|
Bastrop Bayou; |
|
THENCE, following the northeast bank of Bastrop Bayou to the |
|
point of intersection of Austin and Bastrop Bayou, same point being |
|
also the intersection of Commissioners Precinct 1 and 3 of Brazoria |
|
County, Texas; |
|
THENCE, down Bastrop Bayou in an easterly direction following |
|
the common boundary of County Commissioners Precinct 1 and 3 to a |
|
point of intersection of the common line of County Commissioners |
|
Precinct 1 and 3 with Galveston County; |
|
THENCE, in a southeasterly direction following the common |
|
boundary of Brazoria and Galveston County to the Gulf of Mexico; |
|
THENCE, in a southwesterly direction along the shoreline of |
|
the Gulf of Mexico to the mouth of the San Bernard River; |
|
THENCE, up the East Bank of the San Bernard River to the place |
|
of beginning being the northwest corner of the S. F. Austin Labor, |
|
Abstract No. 34, and also being the point of intersection of the |
|
common boundary line of Commissioners Precincts 1 and 4 of Brazoria |
|
County, Texas. |
|
Navigation Precinct No. 2 shall include all the territory in |
|
Brazoria County Commissioners Precinct No. 2 as such precinct is |
|
now established. |
|
Navigation Precinct No. 3 shall include all the territory in |
|
Brazoria County Commissioners Precinct No. 4 as such precinct is |
|
now established. |
|
Navigation Precinct No. 4 shall include the remaining |
|
territory situated within said District other than that contained |
|
in said Navigation Precincts Nos. 1, 2 and 3. |
|
[There shall be six positions or offices of Navigation and
|
|
Canal Commissioner, numbered from 1 to 6, respectively, as follows:
|
|
One commissioner (Position 1) shall be at large and shall be a
|
|
qualified resident voter of the Navigation District. He shall hold
|
|
his office for a term of two years. Two commissioners (Positions 2
|
|
and 3) shall be qualified voters and residents of Navigation
|
|
Precinct No. 1 and shall hold office for terms of two and four
|
|
years, respectively. One commissioner (Position 4) shall be a
|
|
qualified voter and resident of Navigation Precinct No. 2 and shall
|
|
hold office for a term of six years. One commissioner (Position 5)
|
|
shall be a qualified voter and resident of Navigation Precinct No. 3
|
|
and shall hold office for a term of four years. One commissioner
|
|
(Position 6) shall be a qualified voter and resident of Navigation
|
|
Precinct No. 4 and shall hold office for a term of six years.
|
|
[An election shall be held in said District on the first
|
|
Tuesday after the first Monday in November, A. D. 1960, to elect
|
|
four commissioners who, together with the two existing Navigation
|
|
and Canal Commissioners whose terms have not expired, shall
|
|
constitute the governing body of the District. The person
|
|
heretofore elected as Navigation and Canal Commissioner with term
|
|
of office expiring in 1961 shall hold Position No. 2 on the
|
|
six-member Commission with a two-year term of office and the person
|
|
heretofore elected as Navigation and Canal Commissioner with a term
|
|
of office expiring in 1963 shall hold Position No. 5 on said
|
|
six-member Commission with a term of office of four years.
|
|
[An election shall be held in said District every two years in
|
|
accordance with Chapter 41, Election Code, for the purpose of
|
|
electing two commissioners who shall hold their offices for a term
|
|
of six years. Any candidate offering himself for a position as
|
|
commissioner shall, in filing as a candidate, indicate the number
|
|
of the position for which he is a candidate.
|
|
[Requests for placing the name of a candidate on the ballot
|
|
shall be filed with the chairman of the governing body of the
|
|
District, shall be in writing and signed by the candidate or shall
|
|
be in the form of a petition signed by not less than twenty-five
|
|
qualified voters of the District. The filing period for a request
|
|
for placing the name of a candidate on the ballot is governed by
|
|
Chapter 144, Election Code.
|
|
[Arrangements for each election shall be made by the
|
|
governing body and notice of the election, signed by the chairman or
|
|
secretary of the governing body, shall be published once a week for
|
|
two consecutive weeks in a newspaper of general circulation within
|
|
the District, the first publication to be not less than fourteen
|
|
days prior to the election.
|
|
[The governing body shall canvass the returns and declare the
|
|
results of each election, and the candidate receiving the highest
|
|
number of votes for each position shall be elected, and shall take
|
|
office on the appropriate date, next succeeding his election. All
|
|
qualified voters throughout said Navigation District shall be
|
|
permitted to vote on all candidates running for commissioner in all
|
|
Navigation Precincts.
|
|
[Each commissioner shall qualify by taking the
|
|
constitutional oath of office and by making an official bond in the
|
|
sum of Ten Thousand Dollars ($10,000.00) executed by himself and by
|
|
two solvent sureties or by a surety company authorized to do
|
|
business in the State of Texas and such bond shall be approved by
|
|
the County Judge of Brazoria County. Except as otherwise provided
|
|
herein, all vacancies in the office of Navigation and Canal
|
|
Commissioners for this District shall be filled by appointment by
|
|
the Board itself for the unexpired term. In the event that more than
|
|
two vacancies occur at the same time, the remaining Navigation and
|
|
Canal Commissioners shall call a special election to fill such
|
|
vacancies, and if they fail to do so within fifteen days after such
|
|
vacancies occur, the judge or judges of the district court or courts
|
|
of the judicial district in which such Navigation District lies,
|
|
upon the petition of any voter or creditor thereof, may order the
|
|
holding of such election, fixing the date thereof and order the
|
|
publication of notice of such election by the county clerk of the
|
|
county, and name the officers to hold the election. In any such
|
|
election held by order of the district judge or judges, the returns
|
|
of the election shall be made and filed in the office of the clerk of
|
|
the district court and he shall declare the result thereof.] |
|
SECTION 2.08. Section 57(a), Chapter 8, Acts of the 67th |
|
Legislature, 1st Called Session, 1981, is amended to read as |
|
follows: |
|
(a) The management and control of the Brazoria County |
|
Drainage Districts Nos. 4[, 5, 8,] and 11 are hereby vested in the |
|
boards of directors of those districts. In this section, |
|
"district" means the Brazoria County Drainage Districts Nos. 4[, 5,
|
|
8,] and 11. |
|
SECTION 2.09. Section 1, Chapter 166, Acts of the 41st |
|
Legislature, Regular Session, 1929, is amended to read as follows: |
|
Sec. 1. The boundaries of [That] Willacy County Water |
|
Control and Improvement District Number One[, embracing lands in
|
|
the Counties of Willacy and Hidalgo, in the State of Texas, is
|
|
hereby created and established as a conservation and reclamation
|
|
district, and which district shall have such powers of government
|
|
and the authority to exercise such rights, privileges and functions
|
|
as are conferred by Article 16, Section 59 of the Constitution of
|
|
the State of Texas, and provisions of Chapter 25, of the General
|
|
laws passed by the Thirty-ninth Legislature, at its Regular Session
|
|
in 1925, as amended by Chapter 107, of the General Laws passed by
|
|
the Fortieth Legislature, at its First Called Session in 1927, as
|
|
such general laws now exist or may be hereafter amended, except as
|
|
herein otherwise provided; and the boundary lines of such district] |
|
shall be as follows: |
|
Beginning at the southwest corner of Lot 13, Block 87, Turner |
|
tract, a subdivision of Share 24, San Juan De Carricitos Grant in |
|
Hidalgo County, Texas; |
|
Thence east with the south boundary lines of Blocks 87, 86, 85 |
|
and 84, said Turner Tract at 15700 ft. the S.E. corner Lot 13, Block |
|
84, The Turner Tract and the S.W. corner Lot 13, Block 39, Jose |
|
Tract No. 5, continue with the south boundary line of Blocks 39 and |
|
38 said Jose Tract, continue with the south line of Blocks 4, 3, 2 |
|
and 1, Lyford Tract No. 2 to S. E. corner of Block 1, a point in west |
|
line Share 44, in all 45950 feet; |
|
Thence South with the West line of Share 44, 34990 ft. to the |
|
Willacy-Cameron County line; |
|
Thence in a southeasterly direction with said |
|
Willacy-Cameron County Line 20100 ft. to the most southerly S.E. |
|
corner of Share 44, the S. W. corner of Share 2 of said Carricitos |
|
Grant; |
|
Thence north with the east line of Share 44 and the west line |
|
of Share 2, 11700 ft. to the N.W. corner of said Share 2; |
|
Thence east with the north line of Share 2, 4600 ft. to a S.E. |
|
corner of Share 44, the S.W. corner of Block 5, of the Los Coyotes |
|
Ranch Subdivision; |
|
Thence north with the east line of Share 44 and the west line |
|
of the Los Coyotes Subdivision 16000 ft. to the N.W. corner of said |
|
Los Coyotes Ranch Subdivision; |
|
Thence east with the north line of the Los Coyotes Ranch Sub |
|
3300 feet to a S.E. corner of Share 44, the S.W. corner of Share 14; |
|
Thence north with the east line of Share 44 and the west line |
|
of Share 14, 8500 ft. the N.W. corner of Share 14; |
|
Thence east with the north line of Share 14, the south line of |
|
Share 45, 14900 ft to the S.E. corner of said Share 45, a point in |
|
the west line of Share 34; |
|
Thence south with the west line of Share 34, 750 ft to the S.W |
|
corner of same an inner corner of Share 14; |
|
Thence east with the north line of Share 14, and the south |
|
line of Share 34, at 12300 ft. pass the N.E. corner of said Share 14, |
|
in all 17650 ft to the S.E. corner of Lot 8, Share 34; |
|
Thence north with the east line of said Lot 8, 3200 ft. to the |
|
N.E. corner of same; |
|
Thence west with the north line of Lots 8 and 7, Share 34, |
|
5350 ft. to a point in the east line of Share 34, a S. W. corner of |
|
Share 64; |
|
Thence north with the east line of Share 34, and 61, 17200 ft. |
|
to the N. E. corner of Share 61; |
|
Thence west with the south line of Share 16, 2640 ft. to the |
|
S. E. corner of Lot 21, Share 16; |
|
Thence north with the east line of Lot 21, Share 16, 2900 ft. |
|
to the N.E. corner of same; |
|
Thence west with the north line of Lot 21, 22 and 23, Share |
|
16, 4300 ft. to the N. W. corner of said lot 23; |
|
Thence south with the west line of lot 23, Share 16, 2900 ft |
|
to the S. W. corner of same; |
|
Thence west with the south line of Share 16 and the South line |
|
of the Gulf Coast Subdivision, 7000 ft to the N W corner of Lot 4 B1k |
|
2 of the E F Hubmer Subdivision; |
|
Thence south with the west line of lots 4, 5, 12 and 13, Blk 2 |
|
of Hubmer's Subdivision 5280 ft to the S. W corner of said lot 13; |
|
Thence East with the South line of said Lot 13, Blk 2, 1320 ft |
|
to the S. E. corner of same; |
|
Thence South with the West line of Lots 3 and 6, Blk 3, |
|
Hubmer's Subdivision 2640 ft to the S W corner of said Lot 6; |
|
Thence East with the South line of Lot 6, Blk 3, 1320 ft to the |
|
S E corner of same; |
|
Thence South with the West line of Lot 10 Blk 3, 1320 ft to the |
|
S. W. corner of same; |
|
Thence west with the north line of lots 14 and 13 Blk 3, 2640 |
|
ft to the N W corner of said Lot 13; |
|
Thence South with the West line of said Lot 13, BLk 3, 800 ft |
|
to the S W Corner of same; |
|
Thence West with the South line of Share 64, the North line of |
|
Share 45, 6500 ft to the S E corner of Lot 20 of the Harding Gill |
|
Subdivision of Share 64; |
|
Thence North with the East line of said Subdivision 10,000 ft |
|
to the N E corner of same; |
|
Thence West with the North line of said Subdivision and the |
|
North line of the Beise Tract 6660 ft to the N W corner of said Beise |
|
Tract; |
|
Thence South with the West line of the Beise Tract, and the |
|
West line of Share 45, 14700 ft to the N E. corner of Share 44; |
|
Thence West with the North line of Share 44, 21850 ft to the S |
|
E corner of the Raymond Hallam Subdivision; |
|
Thence North with the East boundary line of said subdivision |
|
7250 ft to its N E corner; |
|
Thence West with the North boundary line of the Raymond |
|
Hallam Subdivision 11250 ft to the East right-of-way of the St. L. |
|
and B. M. Railroad Co; |
|
Thence in a Northerly direction with the East line of said |
|
right-of-way 7325 ft more or less to the South boundary line of |
|
Rodriguez Ave; |
|
Thence West with the South boundary line of Rodriguez Ave |
|
2540 ft more or less to the West boundary line of First St.; |
|
Thence North with the East line of Farm Lot J. G. and B, 2620 |
|
ft to a point in the East line of said Lot B; |
|
Thence East crossing First St and continuing with the South |
|
Boundary line of lots C, D and E 4000 ft to the N W corner of Farm Lot |
|
F, Town of Raymondville; |
|
Thence South with the West Boundary line of Farm Lot F, 1860 |
|
ft to the center of Hidalgo Ave; |
|
Thence East with the center of Hidalgo Ave 3280 ft to the N. |
|
W. corner of Lot 3, E. B. Raymond Tract; |
|
Thence South with the West boundary line lot 3, 1320 ft to its |
|
S. W. corner; |
|
Thence East with the South line of Lot 3, 1320 ft to its S.E. |
|
corner; |
|
Thence south with the west line of Lot 5, 1320 ft, to its S.W. |
|
corner; |
|
Thence east with the south line of Lot 5, 1320 ft. to its S. E. |
|
corner; |
|
Thence north with the east line of Lots 5 and 2, 2640 ft to |
|
center of Hidalgo Road; |
|
Thence West with the north line of Lot 2, 1320 ft. to its N. W. |
|
corner; |
|
Thence north with the east line of Lot 13, Block 47, Gulf |
|
Coast Subdivision 1320 ft to its N. E. corner; |
|
Thence East with the south line of Lots 11, 10 and 9, Block |
|
47, 3960 ft. to the S E corner of Lot 9; |
|
Thence south with the west line of Lot 13, Block 48, 1320 ft. |
|
to its S. W. corner; |
|
Thence East with the South line of Lots 13 and 14, Block 48, |
|
2640 ft to the S E. corner of said Lot 14; |
|
Thence north with the East line of Lot 14 and 11, Block 48, |
|
2640 ft to the N E Corner of Lot 11; |
|
Thence west with the north line of Lots 11 and 12; Block 48, |
|
2640 ft to the N W corner of said Lot 12; |
|
Thence north with the east line of Lot 8, Block 47, 1320 ft to |
|
its N E corner; |
|
Thence east with the south line of Lots 4 and 3, Block 48, |
|
2640 ft to the S E corner of said Lot 3; |
|
Thence south with the west line of Lot 7, Block 48, 1320 ft to |
|
the S W corner; |
|
Thence East with the South line of Lot 7, Block 48, 1320 ft to |
|
the S E corner of same; |
|
Thence South with the west line of Lots 9 and 16, Block 48, |
|
2640 ft to the S W corner of Lot 16; |
|
Thence East with the South line of Lot 16, Block 48 and the |
|
south line of Lots 13 and 14, Block 49, 3960 ft to the S. E. corner |
|
of said Lot 14; |
|
Thence north with the east line of Lot 14, Block 49, 1320 ft |
|
to its N E corner; |
|
Thence East with the south line of Lots 10 and 9, Block 49, |
|
2640 ft to the S. E. corner of said Lot 9: |
|
Thence south with the west line of Lot 13, Block 50 1320 ft to |
|
the S W corner of said Lot 13; |
|
Thence east with the south line of Block 50, and Lots 13 and |
|
14, Block 51, 7920 ft to the S E corner of said Lot 14; |
|
Thence north with the east line of Lots 14, 11, 6 and 3, Block |
|
51, and east line of Lots 14, 11, Block 60, 7920 ft. to the N E |
|
corner of said Lot 11; |
|
Thence west with the south line of Lots 6, 5, Block 60, and |
|
Lot 8, Block 61, 3960 ft to the S W corner of said Lot 8; |
|
Thence north with the east line of Lots 7 and 2, Block 61, |
|
2640 ft. to the N E. corner of said Lot 2; |
|
Thence west with the north line of Lots 2, 3 and 4, Block 61, |
|
and north line Blocks 62 and 63 and north line of Lots 1 and 2, Block |
|
64, 16600 ft. to the N. W. corner of said Lot 2; |
|
Thence north with the west line of Lot 7, Block 67, 350 ft. to |
|
the S. E. corner of Lot 15, Subdivision of the El Chapote Tract; |
|
Thence west with the south line of Lots 15, 14, 13, 12 and 11, |
|
of the El Chapote Subdivision, 6250 ft. to the east right of way |
|
line of St. L. B. and M. R. R.; |
|
Thence in a northeasterly direction with said right-of-way |
|
line 2700 ft. to the S. W. corner of Lot 41, the El Chapote |
|
Subdivision; |
|
Thence east with the south line of Lots 41 and 42, 2750 ft. to |
|
the S. E. corner of said Lot 42; |
|
Thence north with the east line of Lots 42 and 49, E1 Chapote |
|
Tract 2640 ft. to the N. E. corner of said Lot 49; |
|
Thence west with the north line of Lots 49, 50, 51 and 52, El |
|
Chapote Tract 4650 ft. to the N. W. corner of said Lot 52; |
|
Thence north with the east line of Lot 1, Block 68, El Chapote |
|
Tract 750 ft. to the N. E. corner of said Lot 1, the S. E. corner of |
|
Share 29 of the San Juan De Carricitos Grant; |
|
Thence west with north boundary line of Chapote League 4150 |
|
ft. to the S. W. corner of Share 29; |
|
Thence north with west line of Share 29 the east line of Lots |
|
8 and 1, Block 19, Harding Lindahl Gill Subdivision, 2640 ft. to the |
|
N. E. corner of said Lot 1; |
|
Thence west with the north line of Harding Lindahl Gill |
|
Subdivision 18700 ft. to the N. W. corner of said subdivision; |
|
Thence South with the west line of said Subdivision and west |
|
line of Lot 2, Block 23, Harding Lindahl Subdivision 3940 ft. to an |
|
inner corner in said Lot 2; |
|
Thence west with north boundary line of Lots 2, 3, 4, Block |
|
23, 2275 feet to the most westerly N. W. corner of said Subdivision; |
|
Thence south with west boundary line said Subdivision 10500 |
|
feet to a point in the west boundary line of Lot 4, Block 29, said |
|
Subdivision the N. E. corner of Lot 1, Block 1, Narcisso Tract No. |
|
4, Subdivision; |
|
Thence west with north boundary line said Narcisso Tract No. |
|
4, 5700 ft. to its N. W. Corner; |
|
Thence south with west boundary line of Narcisso No. 4, 4750 |
|
ft. to intersection with north boundary line San Martin Ranch |
|
Subdivision; |
|
Thence westerly 7100 ft. more or less to a point in the east |
|
line of the Teniente League which point is the S. E. corner of Lot 1, |
|
Block 4, of the S. D. Reynold Subdivision of said Teniente League; |
|
Thence in a northeasterly direction with the east line of the |
|
said Teniente League 12000 ft. more or less to its N. E. corner; |
|
Thence in a westerly direction with the north line of the |
|
Teniente League 15500 ft. more or less to its N. W. corner a point in |
|
the east line of the Stoddard Development Company's Subdivision; |
|
Thence in a northerly direction with the east line of said |
|
Subdivision 3100 ft. more or less to the N. E. corner of same; |
|
Thence in a westerly direction with the north line of |
|
Stoddard Development Company Subdivision 15200 ft. more or less to |
|
the N. W. corner of same; |
|
Thence in a southerly direction with the west boundary line |
|
of the Stoddard Development Company's Subdivision 16300 ft. to the |
|
S. W. corner of same; in the north boundary line of the Missouri |
|
Texas Land and Irrigation Company's Subdivision; |
|
Thence in a westerly direction with the north boundary line |
|
of said M. T. L. & I. Co., Subdivision 18600 ft. to the N. W. corner |
|
of same; |
|
Thence in a southerly direction with the west boundary line |
|
of said Subdivision and the Los Mestenas Grant 10560 ft. to the S. |
|
W. corner of Lot 16, Block 10, of the M. T. L. and I. Co. |
|
Subdivision; |
|
Thence in an easterly direction with the south boundary line |
|
of Block 10, 11, and Lots 13, 14, of Block 12, 9240 ft. to the S. E. |
|
corner of said Lot 14; |
|
Thence in a northerly direction with the east line of Lots 14 |
|
and 11, Block 12, 2640 ft. to the N. E. corner of said Lot 11; |
|
Thence in an easterly direction with the south line of Lots 7 |
|
and 8, Block 12, 2640 ft. to the S. E. corner of said Lot 8; |
|
Thence in a southerly direction with the west line of Lots 12 |
|
and 13, Block 13, and Lots 4 and 5, Block 26, 5280 ft. to the S. W. |
|
corner of said Lot 5; |
|
Thence in a westerly direction with the north line of Lots 9, |
|
10 and 11, Block 27, 4650 ft. to the N. W. corner of Lot 11; |
|
Thence in a southerly direction with the west line of Lots 11 |
|
and 14, Block 27, and Lot 2, Block 28, 3300 ft. to the S. W. corner |
|
of said Lot 2; |
|
Thence in an easterly direction with the south line of said |
|
lot 2, 2000 ft. to the S. E. corner of same; |
|
Thence in a southerly direction with the west line of Lots 7 |
|
and 10, Block 5, 2436 ft. to a point in the west line of said Lot 10, |
|
being 660 ft. south of its N. W. corner; |
|
Thence in an easterly direction parallel to the north line of |
|
Lots 10 and 12, Block 5, 2275 ft.; |
|
Thence in a southerly direction parallel to the east line of |
|
Lot 12, Block 29, 660 ft. to a point in the north line of Lot 13, |
|
Block 29; |
|
Thence in westerly direction with the north line of Lot 13, |
|
Block 29, 900 ft. to the N. W. corner of said Lot 13; |
|
Thence in a southerly direction with the west line of said Lot |
|
13, Block 29, and the west line Blks. 42 and 43, 8600 ft. to the S. |
|
W. Corner of Block 43; |
|
Thence in an easterly direction with the south line of Block |
|
43 and the south line of Lot 5, Block 44, 6700 ft. to an inner corner |
|
of said Lot 5; |
|
Thence in a southerly direction with the west line of Blocks |
|
44, 55, and 56 and continuing to an inner corner of Lot 4, Block 67, |
|
in all 13750 feet; |
|
Thence in a westerly direction with the north line of Lot 4, |
|
Block 67 and the north line if Block 68, 5900 ft. to the N. W. corner |
|
of said Block 68; |
|
Thence in a southerly direction with the west line of Block |
|
68, 5280 ft. to the S. W. corner of same; |
|
Thence in a westerly direction with the north line of Block |
|
74, and the N. Line of Lots 1 and 2, Block 73, 7920 ft. to the N. W. |
|
corner of said Lot 2; |
|
Thence in a southerly direction with the west line of Lots 2, |
|
7, 10 and 15, Block 73, 5280 ft. to the S. W. corner of said Lot 15; |
|
Thence in a westerly direction with the north line of Lots 3 |
|
and 4, Block 90 and the north line of Lot 1, Block 91, 4150 ft. to |
|
the N. W. corner of said Lot 1; |
|
Thence in a southerly direction with the west line of Blocks |
|
91 and 92, 11100 ft. to the S. W. corner of said Block 92; |
|
Thence in an easterly direction with the south line of Blocks |
|
92, 93 and Lots 13 and 14, Block 94, 9240 ft. to the S. E. corner of |
|
said Lot 14; |
|
Thence in a northerly direction with the east line of Lot 14, |
|
11, 6 and 3, Block 94, 5820 ft. to the N. E. corner of said Lot 3; |
|
Thence in an easterly direction with the south line of Lots 15 |
|
and 16, Block 89, 2640 ft. to the S. E. corner of said Lot 16; |
|
Thence in a northerly direction with the east line of Lots 16, |
|
9, 8 and 1, of Block 89, 5280 ft. to the N. E. corner of said Lot 1; |
|
Thence in an easterly direction with the south line of Lots 13 |
|
and 14, Block 75, 2640 ft. to the S. E. corner of said Lot 14; |
|
Thence in a northerly direction with the east line of Lots 14, |
|
11, 6 and 3, Block 75, 5280 ft. to the N. E. corner of said Lot 3; |
|
Thence in an easterly direction with the south line of Lots 15 |
|
and 16, Block 68, and the south line of Blocks 67, 66, 65 and 64, |
|
23760 ft. to the S. E. corner of said Block 64; |
|
Thence in a northerly direction with the east line of Lot 16, |
|
Block 64, 1320 ft. to the N. E. corner of same; |
|
Thence in an easterly direction with the south line of Lots 12 |
|
and 11, Block 63, 2640 ft. to the S. E. corner of said Lot 11; |
|
Thence in a southerly direction with the west line of Lots 15, |
|
Block 63, 1320 ft. to the S. W. corner of said Lot 15; |
|
Thence in an easterly direction with the south line of Lots 15 |
|
and 16, Block 63, 2640 ft. to the S. E. corner of said Lot 16; |
|
Thence in a southerly direction with the west line of Block |
|
81, 5280 ft. to the S. W. corner of same; |
|
Thence in a westerly direction with the north line of Block |
|
83, 5280 ft. to the N. W. corner of same; |
|
Thence in a southerly direction with the west line of Block |
|
83, 5280 ft. to the S. W. corner of same; |
|
Thence in a westerly direction with the north line of Block |
|
99, 5280 ft. to the N. W. corner of same; |
|
Thence in a southerly direction with the west line of Lot 4, |
|
Block 99, 1320 ft. to the S. W. corner of same; |
|
Thence in an easterly direction with the south line of Lot 4, |
|
Block 99, 1320 ft. to the S. E. corner of same; |
|
Thence in a southerly direction with the west line of Lots 6 |
|
and 11, Block 99, 3150 ft. to the S. W. corner of said Lot 11; the |
|
center line of Mile 18 Road; |
|
Thence in an easterly direction with the south line of the |
|
Mestenas Grant the center line of said Mile 18 Road 20100 ft. to the |
|
center line of Base Line Road; |
|
Thence north with the center line of Base Line Road 2500 ft. |
|
to the S. E. corner of Lot 8, Block 120, of the Barr Subdivision of |
|
the Ojo de Agua Grant; |
|
Thence east 4700 ft. to the most westerly S. E. corner of the |
|
Durazno Ranch; |
|
Thence North 800 ft; |
|
Thence East 250 ft; |
|
Thence north 3300 ft; |
|
Thence east 3160 ft; |
|
Thence south 4500 ft. to the S. W. corner Lot 11, Block 118, |
|
of Barr Subdivision; |
|
Thence East 8650 ft. along south line of Barr Subdivision to |
|
the S. E. corner of Lot 9, Block 117 Subdivision; |
|
Thence North 10350 ft. to the N. E. corner of Lot 9, Block 109 |
|
of Barr Subdivision; |
|
Thence westerly along the north boundary line of said Barr |
|
Subdivision 20000 ft to the N. W. corner of the Barr Subdivision the |
|
S. W. corner of the Turner Tract; |
|
Thence northerly along the west line of said Turner tract |
|
26600 ft. to the S. W. corner of Lot 13, Block 87, Turner Tract a |
|
Subdivision of the San Juan De Carricitos Grant, the place of |
|
beginning; |
|
Provided, however, that there is excepted from the above, and |
|
here and now excluded therefrom and as forming no part of said |
|
Irrigation District or proposed inclusion into said Irrigation |
|
District the following lands in Hidalgo County, Texas, and out of |
|
the Los Mestenas Grant; |
|
|
|
|
|
Lots 3, 4, 5 and 6, Block 5 |
160 Acres |
|
|
|
|
Lots 1 and 8, Block 15 |
80 Acres |
|
|
Lots 5, 9, 10, 11, 12, 13, 14 and |
|
|
|
|
|
Lots 2, 4, 5, 9, 10, 11, 12, 13 and |
|
|
|
and 14, Block 22 |
360 Acres |
|
|
Lots 1, 7, 8, 9 and 10, Block 23 |
200 Acres |
|
|
Lots 5 and 6, Block 24 |
80 Acres |
|
|
Lots 1, 2, 7 and 8, Block 25 |
160 Acres |
|
|
Lots 9, 10, 11 and 15, Block 30 |
160 Acres |
|
|
Lots 9, 10, 15 and 16, Block 31 |
160 Acres |
|
|
Lot 12 and 13, Block 32 |
80 Acres |
|
|
Lots 1, 2, 7, 8, 9, 10, 11, 14, 15 |
|
|
|
and 16, Block 44 |
453 Acres |
|
|
Lots 1, 2, 7 and 8, Block 51 |
160 Acres |
|
|
Lots 11, 12, 13 and 14, Block 49 |
160 Acres |
|
|
Lots 3, 4, 5 and 6, Block 50 |
160 Acres |
|
|
10 Acres of Lot 1, West of R. R. |
|
|
|
all of Lot 2, Block 54 |
50 Acres |
|
|
In the Town of Lasara the following described lands are also |
|
to be excluded: |
|
Blocks 19 to 24, inclusive; |
|
Blocks 33 to 38, inclusive; |
|
Blocks 47 to 52, inclusive; |
|
Blocks 61 to 66, inclusive; |
|
Blocks 74 to 80, inclusive; |
|
Blocks 89 to 95, inclusive; |
|
Blocks 103 to 108, inclusive; |
|
In the Town of Rollo the following described lands are also to |
|
be excluded: |
|
Blocks 1 to 4, inclusive; |
|
Blocks 8 to 49, inclusive; |
|
In the town of Hargill the following lands are also to be |
|
excluded: |
|
Blocks 6, 36 to 41, inclusive; |
|
Blocks 50 to 55, inclusive; |
|
Blocks 64 to 69, inclusive; |
|
Blocks 78 to 83, inclusive; |
|
Blocks 92 to 97, inclusive; |
|
Blocks 106 to 111, inclusive; |
|
Blocks 120 to 125, inclusive; |
|
Blocks 132 to 137, inclusive. |
|
And, further provided, that there is excepted from the above |
|
here and now excluded therefrom and as forming no part of said |
|
Irrigation District or proposed inclusion into said Irrigation |
|
District the following described lands in Willacy County, Texas, |
|
and out of the town of Willamar, Blocks 11 to 19, inclusive, Blocks |
|
23, 25, 26. |
|
And further provided, that there is excepted from the above |
|
and here and now excluded therefrom and as forming no part of said |
|
Irrigation District the following described lands in Willacy |
|
County, Texas. |
|
Out of the Gulf Coast Subdivision of the Raymondville Tract: |
|
Lots 6, 11 and 15, Block 62, containing 120 acres of land; |
|
Lots 7, 8, 9, 10, 13 and 14, Block 64, containing 240 acres of |
|
land; |
|
Lot 9, Block 65, containing 30.3 acres of land; |
|
Sub Lots 1, 2, 5, 6, 7 and 8, of Lot 3 and Lot 4, and the West |
|
15 acres of Lot 5, Block 46, containing 77.2 acres of land; |
|
OUT OF THE RAYMOND HALLAM SUBDIVISION. |
|
Lots 5 and 6, of Block 1, and Lots 5, Block 2, containing 112 acres |
|
of land; |
|
North one-half of Lot 1 and all of Lot 6, in Block 3, containing 60 |
|
acres of land; |
|
Lot 4, Block 4, containing 40 acres of land; |
|
OUT OF THE HARDING LINDAHL SUBDIVISION OF SHARE 1. |
|
Lots 11, 12, 13 and 14, Block 25, containing 160 acres of land; |
|
Lots 9, 10, 15 and 16, Block 26, containing 160 acres of land; |
|
Lots 1, 2, 3, 4, 5 and 6, Block 30, containing 240 acres of land; |
|
Lots 1, 2, 7, 8 and N. one-half of Lot 9, Block 31 containing 180 |
|
acres of land. |
|
OUT OF NARCISSO TRACT NO. 4. |
|
Lots 7 8, 10, 11, 12, 13, 14 and 15, Block 10; |
|
Lots 1, 2, 7 and 8, Block 5; |
|
Lots 1, 2, 3 and 4, Block 9; |
|
OUT OF THE RAYMONDVILLE TRACT NO. 1. |
|
Lots 4 and 5, of Block 4, containing 65 acres of land; |
|
Lots 11, 13 and 14, Block 6, containing 120 acres of land; |
|
Lots 7, 9, 10, 11 and 12, Block 7, containing 144.8 acres of land; |
|
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, south one-half of 14 and all of |
|
15, Block 9, containing 460 acres of land; |
|
OUT OF THE TOWN OF RAYMONDVILLE. |
|
Lots 1 to 12, inclusive, in Block 56; |
|
Lots 1 to 6, inclusive, east one-half of 9, all of 10 and 11, in |
|
Block 58; |
|
Lots 18 to 26, inclusive, in Block 72; |
|
Lots 17 to 22, inclusive, Block 64; and 100 ft. by 150 ft. out of the |
|
N. E. corner of Lot 1, Block N. owned by Dr. McCann. |
|
OUT OF FARM LOT J TOWN OF RAYMONDVILLE. |
|
The west 500 ft. of Lot 1 and 79 ft. By 375 ft. out of the N. E. |
|
corner of Lot 3, being the property owned by E. H. Whitney, both |
|
tracts being out of Farm Lot J. containing 3 acres of land. |
|
OUT OF LYFORD TRACT NO. 2. |
|
Lots 15 and 16, Block 3; |
|
Lots 2 and 5, Block 1; |
|
Lots 4, 5, 10, 11 and 12, in Block 4. |
|
OUT OF JOSE TRACT NO. 5. |
|
Lots 1, 2, 3, 6, 7 and 8, Block 39; |
|
Lots 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12; 13; 14; 15 and 16; Block 38. |
|
SECTION 2.10. Section 1, Chapter 306, Acts of the 45th |
|
Legislature, Regular Session, 1937, is amended to read as follows: |
|
Sec. 1. The boundaries of [That] Dallas County Levee |
|
Improvement District Number Fourteen[, composed of territory lying
|
|
in Dallas County, Texas, is hereby created and established as a
|
|
Conservation and Reclamation District, and which District shall
|
|
have such powers of government and the authority to exercise such
|
|
rights, privileges, and functions as are conferred by Article 16,
|
|
Section 59, of the Constitution of the State of Texas, and
|
|
provisions of Chapter 21, of the General Laws passed by the
|
|
Thirty-ninth Legislature of the State of Texas, at is Regular
|
|
Session in 1925, as such General Laws now exist, or may be hereafter
|
|
amended, except as herein otherwise provided; and the boundary
|
|
lines of such District] shall be as follows: |
|
FIELD NOTES OF DALLAS COUNTY LEVEE IMPROVEMENT DISTRICT NO. 14, |
|
(PROPOSED, 2/15/1937) |
|
BEGINNING at the Southeast corner of Dallas County Levee |
|
Improvement District No. 2 as REVISED on February 15, 1937, a stake |
|
on the West bank of the Trinity River; |
|
THENCE S. 81 W. with the channel of Ten Mile Creek 9800 feet; |
|
THENCE, S. 74-3/4 W. with said channel 1030 feet to the |
|
Southwest corner of said Dallas County Levee Improvement District |
|
No. 2 as Revised; |
|
THENCE along the hill line as follows: |
|
S. 3-1/4 W. 56 feet; |
|
S. 2-3/4 E. 2757 feet; |
|
S. 37 E. 1936 feet; |
|
S. 17-1/2 E. 1133 feet; |
|
S. 51-1/2 E. 707 feet; |
|
S. 71 E. 498 feet; |
|
S. 9-3/4 E. 984 feet stake in the South line of Dallas County |
|
and the North line of Ellis County; |
|
THENCE East with the South line of said Dallas County and the |
|
North line of said Ellis County 16,330 feet, more or less, to the |
|
West bank of the Trinity River; |
|
THENCE up said River with its meanders to the place of |
|
beginning, containing 2710 acres of land, more or less. |
|
The above field notes are made and verified from the records |
|
of Dallas County, Texas, in conjunction with a survey of the line |
|
described as being in Ten Mile Creek Channel. |
|
FIELD NOTES OF DALLAS COUNTY LEVEE IMPROVEMENT DISTRICT NO. 2. |
|
(REVISED—2/15/1937) |
|
BEGINNING at a stake on the West bank of the Trinity River at |
|
the Southeast corner of Dallas County Levee Improvement District |
|
No. 1; |
|
THENCE S. 60 W. with the south line of said District No. 1, a |
|
distance of 4926 feet to the southwest corner a tract of land |
|
formerly owned by W. H. Hilton and now owned by Bluebird Farms Co.; |
|
THENCE N. 30 W. 818 feet to S. E. corner of a tract of land |
|
formerly owned by G. W. Pierce and now owned by Bluebird Farms Co.; |
|
THENCE S. 60 W. with the south line of said tract 1328 feet to |
|
corner on hill line, same being the Southwest corner of said Dallas |
|
County Levee Improvement District No. 1; |
|
THENCE along said hill line as follows: |
|
S. 13-3/4 W. 1099 Feet; |
|
S. 8-1/2 W. at 433 feet Mrs. Jake Ginsberg's N. W. line |
|
(formerly Jim McKay) at 878 feet stake in road; |
|
S. 30E. 1526 feet; |
|
S. 59-1/2 W. 818 feet; |
|
S. 2-374 W. 980 feet; |
|
S. 6-1/4 W. 748 feet; |
|
S. 32 W. at 175 feet W. F. Rives (formerly W. J. Potter) East |
|
line, at 1079 feet, stake; |
|
S. 50 W. 1403 feet; |
|
S. 2 W. at 350 feet north line of the tract owned by the |
|
Trustees of the Trinity University, at 1119 feet, stake; |
|
S. 41-1/4 E. at 661 feet North line of Mrs. Lena Mae Nokes |
|
tract in all a distance of 1513 feet; |
|
S. 56-1/2 E. 665 feet; |
|
S. 23-1/2 E. 723 feet; |
|
S. 14-3/4 E. at 772 feet north line of tract now owned by the |
|
Federal Land Bank of Houston, in all a distance of 1078 feet; |
|
S. 3-1/4 W. at 314 feet edge of Ten Mile Creek bottom at 570 |
|
feet stake for the S. W. corner of Dallas County Levee Improvement |
|
District No. 2, as REVISED, in Ten Mile Creek Channel; |
|
THENCE with said Ten Mile Creek channel as follows: |
|
N. 74-3/4 E. 1030 feet; |
|
N. 81 E. 9800 feet to the West bank of the Trinity River, |
|
stake for the Southeast corner of DALLAS COUNTY LEVEE IMPROVEMENT |
|
DISTRICT No. 2 as REVISED. |
|
THENCE up said Trinity River with the West bank of same to the |
|
place of beginning, containing 2400 acres of land, more or less. |
|
The above Field notes are made and verified from the records |
|
of Dallas County, Texas, in conjunction with a survey of the line |
|
described as being in Ten Mile Creek Channel. |
|
SECTION 2.11. Section 1, Chapter 554, Acts of the 59th |
|
Legislature, Regular Session, 1965, is amended to read as follows: |
|
Sec. 1. The [Under and pursuant to the provisions of Section
|
|
59 of Article XVI, Constitution of Texas, a conservation and
|
|
reclamation district is hereby created and incorporated in Harris
|
|
County, Texas, to be known as "Crosby Municipal Utility District of
|
|
Harris County, Texas," hereinafter referred to as the "District,"
|
|
and the] boundaries of the Crosby Municipal Utility District of |
|
Harris County, Texas, [said District] shall be as follows: |
|
BEGINNING at the southwestern corner of the Lewis A. Levy |
|
Survey, Abstract No. 517, Harris County, Texas, same being a point |
|
on the northern line of the Humphrey Jackson League, Abstract No. |
|
37; |
|
THENCE in an easterly direction along said northern line of |
|
said Humphrey Jackson League, being also the southern line of said |
|
Lewis A. Levy Survey, and a projection easterly thereof to an |
|
intersection with the southwestern line of the San Jacinto River |
|
Authority canal right-of-way in the B. F. Tankersley Survey, |
|
Abstract No. 770; |
|
THENCE in a southeasterly direction along said southwestern |
|
line of the San Jacinto River Authority canal right-of-way to the |
|
eastern line of the Adolph Erlund 59.24 acre tract; |
|
THENCE in a southerly direction along said eastern line of |
|
said 59.24 acre tract, being also the western line of a 60.58 acre |
|
tract, to the northwestern line of the T & NO Railroad right-of-way; |
|
THENCE in a northeasterly direction along said northwestern |
|
line of said T & NO Railroad right-of-way to an intersection with |
|
the projection northerly of the eastern line of the W. H. Miller |
|
2.15 acre tract; |
|
THENCE in a southerly direction along said projection |
|
northerly of said Miller 2.15 acre tract and said eastern line of |
|
said 2.15 acre tract, being also the western line of the F. R. |
|
Curtis 6.65 acre tract, to the southeastern corner of said 2.15 acre |
|
tract on the south line of said B. F. Tankersley Survey, being also |
|
the north line of the John Quinlan Survey, Abstract No. 641; |
|
THENCE in an easterly direction along said south line of the |
|
B. F. Tankersley Survey, being also the north line of said John |
|
Quinlan Survey, to its intersection with the western line of the |
|
aforementioned San Jacinto River Authority canal right-of-way; |
|
THENCE in a generally southerly and southwesterly direction |
|
along said western line of the San Jacinto River Authority canal |
|
right-of-way to its intersection with a line parallel to and 200 |
|
feet perpendicular northerly from the northern right-of-way line of |
|
the road along the southern line of the Robert Sebesta 38.68 acre |
|
tract in the Thos. Toby Survey, Abstract No. 791; |
|
THENCE in an easterly direction along said line parallel to |
|
and 200 feet perpendicular northerly from the northern right-of-way |
|
line of the road along the southern line of the said Robert Sebesta |
|
38.68 acre tract to an intersection with the northwestern line of |
|
the right-of-way of U. S. Highway No. 90; |
|
THENCE in a southwesterly direction along said northwestern |
|
right-of-way line of U. S. Highway No. 90 to its intersection with |
|
the northern line of the Victor Adam 12.02 acre tract; |
|
THENCE in a westerly direction along said northern line of |
|
the Victor Adam 12.02 acre tract and its projection westerly to the |
|
western line of the aforementioned San Jacinto River Authority |
|
canal right-of-way, being also the eastern line of a 1.97 acre |
|
tract; |
|
THENCE in a southerly direction along said western line of |
|
the San Jacinto River Authority canal right-of-way to its |
|
intersection with the southern line of said 1.97 acre tract; |
|
THENCE in a westerly direction along said southern line of |
|
said 1.97 acre tract and its projection westerly to the western |
|
right-of-way line of the Crosby-Lynchburg Road; |
|
THENCE in a northerly direction along said western |
|
right-of-way line of the Crosby-Lynchburg Road to a point 200 feet |
|
perpendicular southerly from the southern line of the Ed Ulrich |
|
44.70 acre tract; |
|
THENCE in a westerly direction with a line parallel to and 200 |
|
feet perpendicular southerly from said south line of the Ed Ulrich |
|
44.70 acre tract for a distance of 500 feet to a point for corner; |
|
THENCE in a northerly direction along a line parallel to and |
|
500 feet perpendicular westerly from the western right-of-way line |
|
of said Crosby-Lynchburg Road to an intersection with the northern |
|
line of the B. J. Kristynik 37.30 acre tract, being also the |
|
southern line of Crosby Townsite; |
|
THENCE in a generally westerly direction along said northern |
|
line of said B. J. Kristynik 37.30 acre tract, being also the |
|
southern line of Crosby Townsite, to an intersection with the |
|
southeastern line of the T & NO Railroad right-of-way; |
|
THENCE in a northwesterly direction perpendicular or at right |
|
angles to the centerline of said T & NO Railroad right-of-way to the |
|
northwestern line of said T & NO Railroad right-of-way; |
|
THENCE in a northeasterly direction along said northwestern |
|
line of said T & NO Railroad right-of-way to the southern corner of |
|
Block Eleven (11) of said Crosby Townsite on the northeastern line |
|
of Avenue "C"; |
|
THENCE in a northwesterly direction along the southwestern |
|
line of said Block Eleven (11) and Block Ten (10) of Crosby |
|
Townsite, being also the northeastern line of Avenue "C", to the |
|
western corner of said Block Ten (10) on the southeastern line of |
|
First Street; |
|
THENCE in a northeasterly direction along the northwestern |
|
line of said Block Ten (10) to the most northerly northwestern |
|
corner of said Block Ten (10) on the northern line of Crosby |
|
Townsite; |
|
THENCE in a westerly direction along said northern line of |
|
Crosby Townsite to a point for corner at the intersection of said |
|
northern line of Crosby Townsite with a line which is parallel to |
|
and southwesterly from the westerly right-of-way line of |
|
Farm-To-Market Road No. 2100 and passes through the southwestern |
|
corner of the aforementioned Lewis A. Levy Survey; |
|
THENCE in a northwesterly direction along said line parallel |
|
to and southwesterly from said westerly right-of-way line of |
|
Farm-To-Market Road No. 2100 to the southwestern corner of said |
|
Lewis A. Levy Survey on the north line of the Humphrey Jackson |
|
League, Abstract No. 37, the place of beginning, and containing 700 |
|
acres of land, more or less. |
|
ARTICLE 3. REPEALER |
|
SECTION 3.01. The following statutes are repealed: |
|
(1) Chapter 734, Acts of the 72nd Legislature, Regular |
|
Session, 1991 (Article 4477-7k, Vernon's Texas Civil Statutes); |
|
(2) Chapter 643, Acts of the 59th Legislature, Regular |
|
Session, 1965; |
|
(3) Chapter 375, Acts of the 69th Legislature, Regular |
|
Session, 1985; |
|
(4) Chapter 726, Acts of the 65th Legislature, Regular |
|
Session, 1977; |
|
(5) Chapter 647, Acts of the 59th Legislature, Regular |
|
Session, 1965; |
|
(6) Chapter 103, Acts of the 57th Legislature, Regular |
|
Session, 1961; |
|
(7) Chapter 262, Acts of the 60th Legislature, Regular |
|
Session, 1967; |
|
(8) Chapter 12, Acts of the 70th Legislature, 2nd |
|
Called Session, 1987; |
|
(9) Chapter 877, Acts of the 62nd Legislature, Regular |
|
Session, 1971; |
|
(10) Chapter 515, Acts of the 69th Legislature, |
|
Regular Session, 1985; |
|
(11) Chapter 128, Acts of the 66th Legislature, |
|
Regular Session, 1979; |
|
(12) Sections 2, 3, 3A, 4, 5, 6, 7, 8, 9, 10, 11, 12, |
|
13, 14, 15, 16, 17, 18, and 19, Chapter 539, Acts of the 63rd |
|
Legislature, Regular Session, 1973; |
|
(13) Chapter 59, Acts of the 62nd Legislature, Regular |
|
Session, 1971; |
|
(14) Chapter 699, Acts of the 61st Legislature, |
|
Regular Session, 1969; |
|
(15) Chapter 444, Acts of the 61st Legislature, |
|
Regular Session, 1969; |
|
(16) Sections 1.01, 1.02, 2.01, 2.02, 3.01, 3.02, |
|
3.03, 3.04, 3.05, 3.06, 3.07, 3.08, 4.01, 4.02, 4.03, 4.04, 4.05, |
|
4.06, 4.07, 4.08, 4.09, 4.10, 4.11, 4.12, 4.13, 4.14, 4.15, 4.16, |
|
5.01, 5.02, 5.03, 5.04, 5.05, 5.06, 5.07, 5.08, 5.09, 5.10, 5.11, |
|
5.12, 5.13, 5.14, 5.15, 5.16, 5.17, 6.01, 6.02, 6.03, 6.04, 6.05, |
|
6.06, 6.07, 6.08, 6.09, 6.10, 7.01, 7.02, 7.03, 7.04, 7.05, 7.06, |
|
7.07, 7.08, 7.09, 7.10, 7.11, 8.01, 8.02, 8.03, 8.04, 9.01, 9.02, |
|
9.03, 9.04, 9.05, 9.06, 9.07, 9.08, and 10.01, Chapter 221, Acts of |
|
the 71st Legislature, Regular Session, 1989; |
|
(17) Chapter 550, Acts of the 71st Legislature, |
|
Regular Session, 1989; |
|
(18) Chapter 513, Acts of the 63rd Legislature, |
|
Regular Session, 1973; |
|
(19) Chapter 73, Acts of the 64th Legislature, Regular |
|
Session, 1975; |
|
(20) Chapter 448, Acts of the 63rd Legislature, |
|
Regular Session, 1973; |
|
(21) Chapter 680, Acts of the 68th Legislature, |
|
Regular Session, 1983; |
|
(22) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
14, 15, 16, and 17, Chapter 668, Acts of the 64th Legislature, |
|
Regular Session, 1975; |
|
(23) Chapter 220, Acts of the 71st Legislature, |
|
Regular Session, 1989; |
|
(24) Chapter 502, Acts of the 60th Legislature, |
|
Regular Session, 1967; |
|
(25) Chapter 191, Acts of the 64th Legislature, |
|
Regular Session, 1975; |
|
(26) Chapter 455, Acts of the 62nd Legislature, |
|
Regular Session, 1971; |
|
(27) Chapter 42, Acts of the 70th Legislature, 2nd |
|
Called Session, 1987; |
|
(28) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Chapter 561, Acts |
|
of the 63rd Legislature, Regular Session, 1973; |
|
(29) Chapter 214, Acts of the 66th Legislature, |
|
Regular Session, 1979; |
|
(30) Chapter 424, Acts of the 66th Legislature, |
|
Regular Session, 1979; |
|
(31) Chapter 528, Acts of the 60th Legislature, |
|
Regular Session, 1967; |
|
(32) Sections 1A, 2, 3, 3A, 4, 4A, 4B, 4C, 5, 6, 7, 8, |
|
9, 10, 11, 12, 13, 14, 15, 16, and 17, Chapter 666, Acts of the 64th |
|
Legislature, Regular Session, 1975; |
|
(33) Chapter 852, Acts of the 62nd Legislature, |
|
Regular Session, 1971; |
|
(34) Chapter 43, Acts of the 57th Legislature, 1st |
|
Called Session, 1961; |
|
(35) Chapter 125, Acts of the 60th Legislature, |
|
Regular Session, 1967; |
|
(36) Chapter 77, Acts of the 71st Legislature, Regular |
|
Session, 1989; |
|
(37) Chapter 275, Acts of the 66th Legislature, |
|
Regular Session, 1979; |
|
(38) Chapter 56, Acts of the 58th Legislature, Regular |
|
Session, 1963; |
|
(39) Chapter 591, Acts of the 61st Legislature, |
|
Regular Session, 1969; |
|
(40) Chapter 873, Acts of the 62nd Legislature, |
|
Regular Session, 1971: |
|
(41) Chapter 241, Acts of the 60th Legislature, |
|
Regular Session, 1967; |
|
(42) Chapter 16, Acts of the 64th Legislature, Regular |
|
Session, 1975; |
|
(43) Chapter 58, Acts of the 63th Legislature, Regular |
|
Session, 1973; |
|
(44) Chapter 484, Acts of the 60th Legislature, |
|
Regular Session, 1967; |
|
(45) Chapter 66, Acts of the 60th Legislature, Regular |
|
Session, 1967; |
|
(46) Chapter 184, Acts of the 60th Legislature, |
|
Regular Session, 1967; |
|
(47) Chapter 41, Acts of the 59th Legislature, Regular |
|
Session, 1965; |
|
(48) Chapter 51, Acts of the 71st Legislature, Regular |
|
Session, 1989; |
|
(49) Chapter 665, Acts of the 64th Legislature, |
|
Regular Session, 1975; |
|
(50) Chapter 466, Acts of the 60th Legislature, |
|
Regular Session, 1967; |
|
(51) Chapter 465, Acts of the 59th Legislature, |
|
Regular Session, 1965; |
|
(52) Chapter 546, Acts of the 71st Legislature, |
|
Regular Session, 1989; |
|
(53) Sections 1.01, 1.02, 2.01, 3.01, 3.02, 3.03, |
|
3.04, 3.05, 3.06, 3.07, 3.08, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, |
|
4.07, 4.08, 4.09, 4.10, 4.11, 4.12, 4.13, 4.14, 4.15, 4.16, 5.01, |
|
5.02, 5.03, 5.04, 5.05, 5.06, 5.07, 5.08, 5.09, 5.10, 5.11, 5.12, |
|
5.13, 5.14, 5.15, 6.01, 6.02, 6.03, 6.04, 6.05, 6.06, 6.07, 6.08, |
|
6.09, 6.10, 7.01, 7.02, 7.03, 7.04, 7.05, 7.06, 7.07, 7.08, 7.09, |
|
7.10, 7.11, 8.01, 8.02, 8.03, 8.04, 8.05, and 9.01, Chapter 45, Acts |
|
of the 71st Legislature, Regular Session, 1989; |
|
(54) Chapter 872, Acts of the 62nd Legislature, |
|
Regular Session, 1971; |
|
(55) Chapter 1316, Acts of the 75th Legislature, |
|
Regular Session, 1997; |
|
(56) Sections 1a, 1b, 2, 3, 4, 4b, and 4c, Chapter 55, |
|
Acts of the 40th Legislature, 1st Called Session, 1927; |
|
(57) Chapter 195, Acts of the 53rd Legislature, |
|
Regular Session, 1953; |
|
(58) Chapter 715, Acts of the 59th Legislature, |
|
Regular Session, 1965; |
|
(59) Sections 2, 3, 4, 5, 6, 7, 7A, 8, 9, 10, 11, and |
|
12, Chapter 36, Acts of the 41st Legislature, 1st Called Session, |
|
1929; |
|
(60) Sections 1A, 2, 3, 4, 5, 6, 6A, 6B, 6C, 6D, 7, and |
|
8, Chapter 203, Acts of the 57th Legislature, Regular Session, |
|
1961; |
|
(61) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, |
|
Chapter 6, Special Laws, Acts of the 41st Legislature, 4th Called |
|
Session, 1930; |
|
(62) Chapter 775, Acts of the 69th Legislature, |
|
Regular Session, 1985; |
|
(63) Chapter 465, Acts of the 51st Legislature, |
|
Regular Session, 1949; |
|
(64) Chapter 713, Acts of the 65th Legislature, |
|
Regular Session, 1977; |
|
(65) Chapter 432, Acts of the 66th Legislature, |
|
Regular Session, 1979; |
|
(66) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Chapter 435, Acts |
|
of the 66th Legislature, Regular Session, 1979; |
|
(67) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
and 14, Chapter 1321, Acts of the 76th Legislature, Regular |
|
Session, 1999; |
|
(68) Sections 1.01, 1.02, 1.03, 1.05, 1.06, 1.07, |
|
1.08, 1.09, 2.01, 2.02, 2.03, 2.04, 2.05, 2.06, 2.07, 2.08, 2.09, |
|
2.10, 2.11, 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 2.18, 3.01, 3.02, |
|
3.03, 3.04, 3.05, 3.06, 3.07, 3.08, 3.09, 3.10, 3.11, 3.12, 3.13, |
|
3.14, 3.15, 4.01, 4.02, 4.03, 5.01, 5.02, 5.03, 5.04, 5.05, 5.06, |
|
6.01, 6.02, 7.01, and 7.02, Chapter 1273, Acts of the 75th |
|
Legislature, Regular Session, 1997; |
|
(69) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
14, 15, and 16, Chapter 166, Acts of the 41st Legislature, Regular |
|
Session, 1929; |
|
(70) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, |
|
Chapter 306, Acts of the 45th Legislature, Regular Session, 1937; |
|
(71) Chapter 359, Acts of the 72nd Legislature, |
|
Regular Session, 1989; |
|
(72) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 648, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(73) Sections 1, 2, 3, 4, 5, 7, 8, 9, and 10, Chapter |
|
621, Acts of the 63rd Legislature, Regular Session, 1973; |
|
(74) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 559, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(75) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
14, 15, 16, 17, 18, 19, 20, 21, 22, and 23, Chapter 633, Acts of the |
|
60th Legislature, Regular Session, 1967; |
|
(76) Sections 1, 3, 4, 5, 6, 7, 8, and 9, Chapter 421, |
|
Acts of the 66th Legislature, Regular Session, 1979; |
|
(77) Sections 1, 2, 4, 5, 6, 7, 8, 9, and 10, Chapter |
|
700, Acts of the 74th Legislature, Regular Session, 1995; |
|
(78) Sections 1, 2(b), 2(c), 3, 4, 5, 6, 7, 8, and 9, |
|
Chapter 722, Acts of the 68th Legislature, Regular Session, 1983; |
|
(79) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 584, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(80) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 700, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(81) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 703, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(82) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Chapter 270, Acts |
|
of the 61st Legislature, Regular Session, 1969; |
|
(83) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
14, 15, and 16, Chapter 744, Acts of the 73rd Legislature, Regular |
|
Session, 1993; |
|
(84) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 347, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(85) Sections 1, 2, 4, 5, 6, 7, 8, 9, and 10, Chapter |
|
184, Acts of the 69th Legislature, Regular Session, 1985; |
|
(86) Sections 1, 2, 4, 5, 6, 7, 8, 9, and 10, Chapter |
|
185, Acts of the 69th Legislature, Regular Session, 1985; |
|
(87) Sections 1, 2, 4, 5, 6, 7, 8, 9, and 10, Chapter |
|
186, Acts of the 69th Legislature, Regular Session, 1985; |
|
(88) Sections 1, 2, 4, 5, 6, 7, 8, 9, and 10, Chapter |
|
188, Acts of the 69th Legislature, Regular Session, 1985; |
|
(89) Sections 1, 2, 4, 5, 6, 7, 8, 9, and 10, Chapter |
|
189, Acts of the 69th Legislature, Regular Session, 1985; |
|
(90) Sections 1, 2, 4, 5, 6, 7, 8, 9, and 10, Chapter |
|
190, Acts of the 69th Legislature, Regular Session, 1985; |
|
(91) Sections 1, 2, 4, 5, 6, 7, 8, 9, and 10, Chapter |
|
191, Acts of the 69th Legislature, Regular Session, 1985; |
|
(92) Sections 1, 2, 4, 5, 6, 7, 8, 9, and 10, Chapter |
|
192, Acts of the 69th Legislature, Regular Session, 1985; |
|
(93) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 505, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(94) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 686, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(95) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Chapter 146, Acts |
|
of the 61st Legislature, Regular Session, 1969; |
|
(96) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 195, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(97) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 654, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(98) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 576, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(99) Chapter 705, Acts of the 62nd Legislature, |
|
Regular Session, 1971; |
|
(100) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 697, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(101) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, and 12, |
|
Chapter 1385, Acts of the 77th Legislature, Regular Session, 2001; |
|
(102) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, and 11, |
|
Chapter 756, Acts of the 75th Legislature, Regular Session, 1997; |
|
(103) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 474, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(104) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 104, |
|
Acts of the 67th Legislature, Regular Session, 1981; |
|
(105) Sections 1, 3, 4, 5, 6, 7, and 8, Chapter 704, |
|
Acts of the 68th Legislature, Regular Session, 1983; |
|
(106) Chapter 950, Acts of the 69th Legislature, |
|
Regular Session, 1985; |
|
(107) Chapter 12, Acts of the 57th Legislature, 3rd |
|
Called Session, 1962; |
|
(108) Sections 1, 3, 4, 5, 6, 7, 7-A, 8, 9, 10, 11, 12, |
|
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26, Chapter |
|
506, Acts of the 54th Legislature, Regular Session, 1955; |
|
(109) Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10, Chapter |
|
554, Acts of the 59th Legislature, Regular Session, 1965; and |
|
(110) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Chapter 751, Acts |
|
of the 61st Legislature, Regular Session, 1969. |
|
ARTICLE 4. GENERAL MATTERS |
|
SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE. |
|
This Act is enacted under Section 43, Article III, Texas |
|
Constitution. This Act is intended as a codification only, and no |
|
substantive change in the law is intended by this Act. This Act |
|
does not increase or decrease the territory of any special district |
|
of the state as those boundaries exist on the effective date of this |
|
Act. |
|
SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS |
|
LAW. (a) The repeal of a law, including a validating law, by this |
|
Act does not remove, void, or otherwise affect in any manner a |
|
validation under the repealed law. The validation is preserved and |
|
continues to have the same effect that it would have if the law were |
|
not repealed. |
|
(b) Subsection (a) of this section does not diminish the |
|
saving provisions prescribed by Section 311.031, Government Code. |
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SECTION 4.03. EFFECTIVE DATE. This Act takes effect April |
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1, 2009. |