80R4201 ABC-F
 
  By: Jackson, Mike S.B. No. 1344
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Angleton-Danbury Hospital
District of Brazoria County, Texas.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 1002.051(f), Special District Local Laws
Code, is amended to read as follows:
       (f)  Directors serve staggered three-year terms. The
district shall hold an election each year to elect the appropriate
number of directors [two-year terms unless four-year terms are
established under Section 285.081, Health and Safety Code. If the
directors serve two-year terms, the terms of directors elected to
odd-numbered positions expire in even-numbered years and the terms
of directors elected to even-numbered positions expire in
odd-numbered years].
       SECTION 2.  Section 1002.058, Special District Local Laws
Code, is amended to read as follows:
       Sec. 1002.058.  [STAFF PHYSICIAN] OFFICE FACILITIES. (a)  
In this section, "licensed health care professional" means any
person who is licensed or certified by or registered in this state
to provide health care.
       (b)  The board shall determine the type, number, and location
of buildings necessary to establish and maintain office facilities
for [staff] physicians and other licensed health care professionals
to provide adequate health [medical] care services.
       (c) [(b)]  The board may:
             (1)  acquire property and equipment and construct
facilities for the district for use by [staff] physicians and other
licensed health care professionals; and
             (2)  mortgage or pledge the property, equipment, or
facilities as security for the payment of the purchase price or
construction cost.
       (d) [(c)]  The board may lease the office facilities and
equipment to [staff] physicians and other licensed health care
professionals or may sell or otherwise dispose of the property,
facilities, and equipment.
       SECTION 3.  Subchapter C, Chapter 1002, Special District
Local Laws Code, is amended by adding Sections 1002.111 and
1002.112 to read as follows:
       Sec. 1002.111.  CONTRACTS FOR HEALTH CARE
SERVICES.  (a)  In this section, "licensed health care
professional" has the meaning assigned by Section 1002.058(a).
       (b)  The district may contract with physicians and other
licensed health care professionals to provide health care services,
including medical care, on behalf of the district.
       (c)  A physician or other licensed health care professional
is, while performing services under the contract at a facility
owned or operated by the district, an employee of the district
solely for purposes of Chapters 101 and 102, Civil Practice and
Remedies Code, and the district waives its sovereign immunity to
the extent provided by Section 101.025, Civil Practice and Remedies
Code.
       (d)  Notwithstanding Section 108.001(2), Civil Practice and
Remedies Code, a physician or other licensed health care
professional is, while performing services under the contract at a
facility owned or operated by the district, a public servant solely
for purposes of Chapter 108, Civil Practice and Remedies Code.
       (e)  This section does not authorize the district to
supervise or control the practice of medicine or permit the
unauthorized practice of medicine, as prohibited by Subtitle B,
Title 3, Occupations Code.
       Sec. 1002.112.  MEDICAL STAFF; WAIVER OF SOVEREIGN
IMMUNITY.  (a)  A physician who is a member of the district's
medical staff is, while performing services at a facility owned or
operated by the district, an employee of the district solely for
purposes of Chapters 101 and 102, Civil Practice and Remedies Code,
and the district waives its sovereign immunity to the extent
provided by Section 101.025, Civil Practice and Remedies Code.
       (b)  Notwithstanding Section 108.001(2), Civil Practice and
Remedies Code, a physician who is a member of the district's medical
staff is, while performing services at a facility owned or operated
by the district, a public servant solely for purposes of Chapter
108, Civil Practice and Remedies Code.
       SECTION 4.  Section 1002.251, Special District Local Laws
Code, is amended to read as follows:
       Sec. 1002.251.  DEPOSITORY.  The [As soon as practicable
after the creation election results favorably to the creation of
the district, the] board shall by resolution designate a bank
within the county as the district's depository, and all funds of the
district shall be secured in the manner provided for the security of
county funds. Such depository shall serve for a period of four
[two] years and until a successor has been selected.
       SECTION 5.  Section 1002.252(b), Special District Local Laws
Code, is amended to read as follows:
       (b)  To secure a loan or line of credit, the board may pledge:
             (1)  revenue of the district that is not pledged to pay
the district's bonded indebtedness;
             (2)  taxes to be imposed by the district in the next
12-month period 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.
       SECTION 6.  (a) This section applies to the election of
directors of the Angleton-Danbury Hospital District of Brazoria
County, Texas, after the effective date of this Act,
notwithstanding other law.
       (b)  The director elected to Position No. 1 in 2008 shall
serve a three-year term. Each successor director elected to
Position No. 1 shall serve a three-year term.
       (c)  The director elected to Position No. 2 in 2009 shall
serve a two-year term. Each successor director elected to Position
No. 2 shall serve a three-year term.
       (d)  The director elected to Position No. 3 in 2008 shall
serve a two-year term. Each successor director elected to Position
No. 3 shall serve a three-year term.
       (e)  The directors elected to Position No. 4 in 2009 and 2011
shall each serve a two-year term. Each successor director elected
to Position No. 4 shall serve a three-year term.
       (f)  The directors elected to Position No. 5 in 2008 and 2010
shall each serve a two-year term. After the term expires in 2012,
each successor director elected to Position No. 5 shall serve a
three-year term.
       (g)  The director elected to Position No. 6 in 2009 shall
serve a two-year term. Each successor director elected to Position
No. 6 shall serve a three-year term.
       (h)  The director elected to Position No. 7 in 2008 shall
serve a two-year term. Each successor director elected to Position
No. 7 shall serve a three-year term.
       (i)  The director elected to Position No. 8 in 2009 shall
serve a three-year term. Each successor director elected to
Position No. 8 shall serve a three-year term.
       (j)  The directors elected to Position No. 9 in 2008 and 2010
shall each serve a two-year term. After the term expires in 2012,
each successor director elected to Position No. 10 shall serve a
three-year term.
       SECTION 7.  The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law in effect immediately before that
date, and that law is continued in effect for that purpose.
       SECTION 8.  This Act takes effect September 1, 2007.