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AN ACT
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relating to the powers and duties of the DeWitt Medical District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4, Chapter 310, Acts of the 59th |
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Legislature, Regular Session, 1965, is amended to read as follows: |
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Sec. 4. (a) The District is governed by a Board of five |
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directors elected at large for staggered three-year terms [At said
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election there shall also be submitted to the resident qualified
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electors of said proposed District a separate ballot containing the
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names of all qualified persons who shall file applications, not
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later than twenty (20) days prior to the date set for said election,
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to have their names placed on said ballot for election to the Board
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of Directors]. |
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(b) To be qualified to serve as a director of the [such] |
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District a person must be a resident of the [such] District and[,] |
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at least twenty-one years of age[, and have a home or a fixed place
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of habitation in the District]. An employee of the District or a |
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person who was employed by the District at any time during the two |
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years preceding the date of the election may not serve as a |
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director. |
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(c) A regular [Each voter shall vote for five persons and
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the five persons receiving the highest number of votes shall
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constitute the first Board of Directors.
Said persons shall serve
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until the second Tuesday in January, 1967.
After the initial
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election of directors, an] election shall be held each year on the |
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May uniform election date under Section 41.001, Election Code, |
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[third Saturday in January each year] and the appropriate number of |
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successor directors shall be elected for three-year terms. The |
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Board of Directors shall order the election in accordance with |
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Chapter 3, Election Code. Notice of the election shall be published |
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in a newspaper of general circulation in the District in accordance |
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with Section 4.003, Election Code. |
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(d) A person who wants to have the person's name printed on |
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the ballot as a candidate for director must file an application with |
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the secretary of the Board in accordance with Chapter 144, Election |
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Code [This section applies only if the District boundaries are not
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expanded under Section 1B or 1C of this Act]. |
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SECTION 2. Section 7, Chapter 310, Acts of the 59th |
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Legislature, Regular Session, 1965, is amended to read as follows: |
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Sec. 7. (a) At the first regular meeting of the Board of |
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Directors following the annual election of the directors, the [The] |
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Board of Directors [of said District] shall elect a chair, vice |
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chair, [president] and secretary from their number to serve for a |
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term of one year [until the next succeeding directors' election]. |
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The Board may create additional officer positions. |
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(b) A majority of the directors shall constitute a quorum, |
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and a concurrence of a majority shall be sufficient in all matters |
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pertaining to the business of the District. |
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(c) Not by way of limitation, the Board shall have the |
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complete management and control of all the business of the |
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District, including but not limited to the power and authority to |
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negotiate and contract with any person or body, public or private, |
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to purchase or lease land, to construct and equip a hospital system, |
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and to operate and maintain a hospital or hospitals, and to |
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negotiate and contract with other political subdivisions of the |
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State or private individuals, associations or corporations for such |
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purposes, all as may be determined to be necessary or desirable for |
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the [said] District by the [said] Board. |
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(d) The District, through the Board of Directors, may |
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contract with the Nixon Hospital District of Gonzales and Wilson |
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Counties, Texas, for the District to lease, manage, or operate a |
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health care facility located in the Nixon Hospital District of |
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Gonzales and Wilson Counties, Texas. |
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(e) The[; and said] Board shall have all powers necessary, |
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convenient or incidental to carry out the purposes for which the |
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[said] District is created. |
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(f) The Board of Directors of the [said] District shall |
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serve without compensation but may be reimbursed for actual |
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expenses incurred by them in the performance of their official |
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duties upon the approval of such expenses by the Board of Directors |
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thereof. |
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(g) All vacancies in the office of director shall be filled |
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for the unexpired term by appointment of the remainder of the Board. |
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If the number of directors is reduced to less than three (3), the |
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remaining directors shall immediately call a special election to |
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fill the [said] vacancies. Upon failure to do so, a District Court |
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may, upon application of any voter or taxpayer of the District, |
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issue a mandate requiring the [such] directors to call and hold an |
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[such] election. |
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(h) The Board of Directors shall appoint a qualified person |
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as District administrator. The administrator serves at the will of |
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the Board and shall receive the compensation determined by the |
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Board. The Board shall require that before assuming the duties as |
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administrator, a person must execute a bond payable to the District |
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in an amount set by the Board of not less than $5,000 that is |
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conditioned on the performance of the administrator's duties. The |
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Board may pay for the bond with District funds. Subject to the |
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limitations prescribed by the Board, the administrator shall |
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supervise the work and activities of the District and direct the |
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affairs of the District. |
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(i) The Board may contract with doctors or appoint doctors |
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to the medical staff and may employ technicians, nurses, and other |
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employees the Board considers necessary for the efficient operation |
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of the District. The Board may delegate that authority to the |
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District administrator. |
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SECTION 3. Section 7A, Chapter 310, Acts of the 59th |
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Legislature, Regular Session, 1965, is amended to read as follows: |
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Sec. 7A. The District may provide emergency medical |
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services, home health care services, long-term health care |
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services, assisted living services, or any other appropriate health |
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care services the Board of Directors determines are necessary to |
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meet the needs of the District. |
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SECTION 4. Section 9, Chapter 310, Acts of the 59th |
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Legislature, Regular Session, 1965, is amended to read as follows: |
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Sec. 9. The Tax Code governs the appraisal, assessment, and |
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collection of District taxes. The Board may provide for the |
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appointment of a tax assessor-collector for the District or may |
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contract for the assessment and collection of taxes as provided by |
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the Tax Code [Not later than October 1 of each year the Board of
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Directors shall levy the tax on all property within the District
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which is subject to taxation and shall immediately certify such
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rate to the County tax assessor and collector of DeWitt County.
The
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tax so levied shall be collected, on all property subject to
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District taxation, by said assessor and collector on said County
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tax values, and in the same manner and under the same conditions as
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said County taxes.
The amount of said annual District tax may be
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included on the annual County tax statements mailed or sent out by
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said County assessor and collector.
Said assessor and collector
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shall charge and deduct from payments to such District the fees for
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assessing and collecting the tax at the rate of not exceeding 1-1/2
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per cent of the amounts collected as may be determined by the
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District's Board of Directors but in no event in excess of $10,000
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for any one fiscal year.
Interests and penalties on taxes paid such
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District shall be the same as for said County taxes.
The remainder
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of tax collections, after deduction of discounts and fees for
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assessing and collecting, shall be deposited in the District's
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depository and may be withdrawn as directed by said District's
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Board of Directors.
All other income of such District shall be
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deposited in said depository.
Said Board shall have authority to
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levy said tax for the entire year in which said District is
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established to obtain funds to initiate the operation of the
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District]. |
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SECTION 5. Section 12, Chapter 310, Acts of the 59th |
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Legislature, Regular Session, 1965, is amended to read as follows: |
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Sec. 12. (a) The Board of Directors shall have the power |
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and authority to issue and sell, as the obligations of the [such] |
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District, and in the name and upon the faith and credit of the |
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[such] District, general obligation bonds authorized by an election |
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for the purchase, construction, acquisition, repair or renovation |
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of buildings and improvements and equipping the same for hospital |
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purposes and for any or all of such purposes. The [Said] bonds |
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shall be sold at the [such] time or times, in the [such] manner, at |
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the [such] price and on the [such] terms as may be determined by the |
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[said] Board. At the time of issuance of any general obligation |
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bonds, [A] sufficient annual tax shall be levied to create an |
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interest and sinking fund to pay the interest on and principal of |
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the [said] bonds as same mature, providing the [said] tax together |
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with any other taxes levied for the [said] District shall not exceed |
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a rate of seventy-five cents (75¢) on each [the] One Hundred Dollar |
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valuation of all taxable property within the [said] District in any |
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one year. |
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(b) District [Such] bonds shall be executed in the name of |
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the District and on its behalf by the president of the Board of |
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Directors, countersigned by the secretary of the [said] Board, and |
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shall be subject to the same requirements in the manner of approval |
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[thereof] by the Attorney General of the State of Texas and the |
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registration [thereof] by the Comptroller of Public Accounts of the |
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State of Texas as are provided by Chapter 1202, Government Code [by
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law provided for such approval and registration of bonds of
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counties of this State.
Upon the approval of such bonds by the
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Attorney General of Texas and registration by the Comptroller, the
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same shall be incontestable for any cause]. Until the [such] time |
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[as] the bond proceeds are needed to carry out the bond purpose, the |
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[such] proceeds may be invested in direct obligations of the United |
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States of America or may be placed on time deposit, or both. |
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(c) No general obligation bonds[, except refunding bonds,] |
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shall be issued by the [such] District until authorized by a |
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majority vote of the [duly qualified resident electors of said] |
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District voters voting in an election called [and held for such
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purpose.
Such election shall be called, except as provided in
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Section 6,] by the Board of Directors on its own motion, and the |
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[order calling said] election shall be conducted in accordance with |
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Chapter 1251, Government Code [specify the date of same, the place
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or places where the election shall be held, the presiding officers
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thereof, the purpose for which the bonds are to be issued, the
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amount thereof, maximum interest (not to exceed that provided by
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Chapter 3, Acts of the 61st Legislature, Regular Session, 1969
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(Article 717k-2, Vernon's Texas Civil Statutes)), and the maximum
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maturity date of such bonds (not to exceed forty (40) years from
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their date or dates of issuance).
Notice of said election shall be
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given by publishing a substantial copy of the order calling the
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election in a newspaper of general circulation within the area of
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such District once a week for two consecutive weeks, the date of the
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first publication to be at least fourteen (14) days prior to the
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date set for said election.
Said bonds may be made optional for
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redemption prior to their maturity date at the discretion of the
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Board of Directors]. |
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(d) The District may, without election, issue refunding |
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bonds to refund or pay off any validly issued and outstanding |
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District bonds issued or assumed by the District. Refunding bonds |
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shall be issued in accordance with Chapter 1207, Government Code[,
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or both, provided that such refunding bonds shall bear interest at
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the same rate or at a lesser rate than the bonds being refunded,
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unless it be shown mathematically that a savings will result in the
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total amount of interest to be paid]. |
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(e) The Board may issue and sell revenue bonds in the name |
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and on the faith and credit of the District to purchase, construct, |
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acquire, repair, renovate, or equip buildings or improvements for |
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District purposes. The bonds shall be payable from and secured by a |
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pledge of all or part of the revenues derived from the operation of |
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the District's hospital system. The bonds may be additionally |
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secured by a mortgage or deed of trust lien on all or part of the |
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District's property. The revenue bonds shall be issued in the |
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manner provided by Sections 264.042, 264.043, and 264.046-264.049, |
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Health and Safety Code, for the issuance of revenue bonds by county |
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hospital authorities. |
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SECTION 6. Subsections (a) and (b), Section 12A, Chapter |
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310, Acts of the 59th Legislature, Regular Session, 1965, are |
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amended to read as follows: |
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(a) The [If the] Board [of Directors declares that funds are
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not available to meet lawfully authorized obligations of the
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District, and that an emergency exists, the Board] may borrow money |
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at a rate not to exceed the maximum annual percentage rate allowed |
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by law for District obligations at the time of the loan [is made]. |
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(b) To secure a loan, the Board may pledge: |
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(1) revenues of the District that are not pledged to |
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pay bonded indebtedness of the District; |
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(2) District taxes to be levied by the District during |
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[in] the [next] 12-month period following the date of the pledge |
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that are not pledged to pay the principal of or interest on District |
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bonds; or |
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(3) District bonds that have been authorized but not |
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sold. |
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SECTION 7. Section 4A and Subsection (d), Section 12A, |
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Chapter 310, Acts of the 59th Legislature, Regular Session, 1965, |
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are repealed. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1180 passed the Senate on |
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April 12, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1180 passed the House on |
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May 23, 2007, by the following vote: Yeas 144, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |