80R13940 ABC-F
 
  By: Swinford H.B. No. 4035
 
Substitute the following for H.B. No. 4035:
 
  By:  Smith of Harris C.S.H.B. No. 4035
 
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the board of directors of the Moore
County Hospital District to employ health care providers.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 5, Chapter 287, Acts of the 61st
Legislature, Regular Session, 1969, is amended to read as follows:
       Sec. 5.  The board of directors shall manage, control, and
administer the hospital system and all funds and resources of the
district, but in no event shall any operating, depreciation, or
building fund reserves be invested in any funds or securities
authorized by law, including Chapter 2256, Government Code.  The
board is given full authority to establish rules and regulations
relating to seniority of employees of the district, including a
retirement plan based thereon, and may give effect to previous
years of service for those employees who have been continuously
employed in the operation or management of the hospital facilities
acquired, including those acquired upon the creation thereof by
reason of Section 2 of this Act, or constructed by the district.  
The district, through its board of directors, shall have the power
and authority to sue and be sued, and shall be entitled to all
causes of action and defenses enjoyed by similar authorities, to
promulgate rules and regulations governing the operation of the
hospital, hospital system, its staff, and its employees.  The board
of directors shall appoint a qualified person to be known as the
administrator or manager of the hospital district and may in its
discretion appoint an assistant to the administrator or manager.  
Such administrator or manager and assistant administrator or
manager, if any, shall serve at the will of the board and shall
receive such compensation as may be fixed by the board.  The
administrator or manager shall, upon assuming his duties, execute a
bond payable to the hospital district in an amount to be set by the
board of directors, in no event less than $500,000 conditioned that
he shall perform the duties required of him, and containing such
other conditions as the board may require.  The administrator or
manager shall supervise all the work and activities of the district
and shall have general direction of the affairs of the district,
subject to the limitations as may be prescribed by the board.  The
board of directors shall have the authority to appoint to the staff
such doctors as it may be deemed necessary for the efficient
operation of the district, and may provide for temporary
appointments to the staff if warranted by circumstances.  The board
may employ physicians or other health care providers as the board
considers necessary for the efficient operation of the district.  
This section does not authorize the board to supervise or control
the practice of medicine, as prohibited by Subtitle B, Title 3,
Occupations Code.  The board may delegate to the administrator or
manager the authority to employ technicians, nurses, and employees
of the district other than physicians.  Such board shall be
authorized to contract with any other public or private entity,
including a county, municipality, hospital district, or any other
political subdivision, or a charitable organization, to provide
health care or related services inside or outside of the district.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.