80R7807 ABC-F
 
  By: Carona S.B. No. 1094
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the powers of municipal and county hospital authorities
and hospital districts created under general or special law.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter C, Chapter 262, Health and Safety
Code, is amended by adding Sections 262.037 and 262.038 to read as
follows:
       Sec. 262.037.  ESTABLISHMENT OF NONPROFIT CORPORATION. (a)
The authority may form and sponsor a nonprofit corporation under
the Texas Nonprofit Corporation Law, as described by Section 1.008,
Business Organizations Code, to own and operate all or part of one
or more ancillary health care facilities consistent with the
purposes of an authority under this chapter.
       (b)  The board shall appoint the board of directors of a
nonprofit corporation formed under this section.
       (c)  The authority may contribute money to or solicit money
for the nonprofit corporation. If the authority contributes or
solicits money for the corporation, the authority shall establish
procedures and controls sufficient to ensure that the money is used
by the corporation for public purposes.
       (d)  A nonprofit corporation formed under this section has
the same powers as a development corporation under Section 221.030.
       Sec. 262.038.  HOSPITAL AUTHORITY CONTRACTS,
COLLABORATIONS, AND JOINT VENTURES. The authority may, directly or
through any nonprofit corporation formed by the authority,
contract, collaborate, or enter into a joint venture with any
public or private entity as necessary to carry out the functions of
or provide services to the authority.
       SECTION 2.  Subchapter C, Chapter 264, Health and Safety
Code, is amended by adding Sections 264.035 and 264.036 to read as
follows:
       Sec. 264.035.  ESTABLISHMENT OF NONPROFIT CORPORATION. (a)
The authority may form and sponsor a nonprofit corporation under
the Texas Nonprofit Corporation Law, as described by Section 1.008,
Business Organizations Code, to own and operate all or part of one
or more ancillary health care facilities consistent with the
purposes of an authority under this chapter.
       (b)  The board shall appoint the board of directors of a
nonprofit corporation formed under this section.
       (c)  The authority may contribute money to or solicit money
for the nonprofit corporation. If the authority contributes or
solicits money for the corporation, the authority shall establish
procedures and controls sufficient to ensure that the money is used
by the corporation for public purposes.
       (d)  A nonprofit corporation formed under this section has
the same powers as a development corporation under Section 221.030.
       Sec. 264.036.  HOSPITAL AUTHORITY CONTRACTS,
COLLABORATIONS, AND JOINT VENTURES. The authority may, directly or
through any nonprofit corporation formed by the authority,
contract, collaborate, or enter into a joint venture with any
public or private entity as necessary to carry out the functions of
or provide services to the authority.
       SECTION 3.  Section 285.091(a), Health and Safety Code, is
amended to read as follows:
       (a)  A hospital district created under general or special law
may, directly or through a nonprofit corporation created or formed
by the district, contract, collaborate, or enter into a joint
venture with any public or private entity as necessary to [form or]
carry out the functions of or provide services to the district [an
intergovernmental initiative under Section 16B, Article 4413(502),
Revised Statutes].
       SECTION 4.  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.