By: Seliger S.B. No. 1752

(In the Senate - Filed March 9, 2007; March 21, 2007, read first time and referred to Committee on Intergovernmental Relations; April 11, 2007, reported favorably by the following vote: Yeas 3, Nays 0; April 11, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the election, powers, and duties of the members of the board of directors of the Midland County Hospital District.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subsection (g), Section 5, Chapter 112, Acts of the 65th Legislature, Regular Session, 1977, is amended to read as follows:

(g) The board may, on its own motion, order that board members are to be elected in even-numbered years to serve staggered four-year terms. Members [The first election of board members in an odd-numbered year that occurs at least 120 days after the date on which an order is entered under Subsection (a) shall be held as previously scheduled, and the members elected shall serve three-year terms. The subsequent election of board members previously scheduled to be held in an even-numbered year shall be held as scheduled, and the members elected shall serve four-year terms. Subsequent members] shall be elected on the November uniform election date under Section 41.001, Election Code, [first Saturday in May] of each even-numbered year and the members shall serve four-year terms.

SECTION 2. Section 11, Chapter 112, Acts of the 65th Legislature, Regular Session, 1977, is amended to read as follows:

Sec. 11. (a) The board of directors is given complete discretion as to the type, number, and location of buildings and property required to establish and maintain an adequate hospital system. The hospital system may include facilities for domiciliary care of the sick, wounded, and injured, outpatient clinics, dispensaries, facilities for geriatric domiciliary care, convalescent home facilities, necessary nurses' domiciliaries, and training centers, training facilities for doctors, nurses, and other health care disciplines, blood banks, community mental health centers, research centers or laboratories, parking, and any other facilities deemed necessary by the board of directors for a hospital or hospital system and a medical facility or other health facility included in the hospital or hospital system. The district, through its board of directors, is authorized to lease property, facilities, or equipment and to enter into leases of all or a part of its buildings and facilities with any person, corporation, political subdivision, agency, or branch of the state or United States, with such terms and conditions as considered to be in the best interest of the district; provided that no lease may be for a period in excess of 40 years from the date entered. On the district's behalf, the board of directors may hold, construct, condemn, purchase, acquire, lease, add to, maintain, operate, regulate, sell, convey, or otherwise dispose of land, equipment, or property of any nature, or a property right, hospital facility, or hospital system on terms and conditions found by the board to be in the best interest of the district's inhabitants.

(b) The board of directors 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.

SECTION 3. Section 12, Chapter 112, Acts of the 65th Legislature, Regular Session, 1977, is amended to read as follows:

Sec. 12. The board of directors has the power to prescribe the method and manner of making purchases and expenditures by and for the hospital district and shall also be authorized to prescribe all accounting and control procedures or may delegate all or any of those powers, by the adoption of an appropriate resolution to that effect, to the Midland Memorial Foundation or its successors, or to an individual, corporation, agency, political subdivision, or other entity that enters into an operating or management agreement with the district to exercise all or any of those powers. All contracts by the district for construction or purchases involving the expenditure of more than $25,000 [$10,000] may be made only after advertising in the manner provided by Chapter 252, Local Government Code. The provisions of Chapter 2253, Government Code, apply to construction contracts let by the district. The district may acquire equipment for use in its hospital system, including medical facilities and health facilities, and mortgage or pledge the property so acquired as security for the payment of the purchase price, but any such contract shall provide for the entire obligation of the district to be retired within five years from the date of the contract. Except as permitted in the preceding sentence and as permitted by Sections 9 and 10 of this Act, the district may incur no obligation payable from any revenues of the district, taxes or otherwise, except those on hand or to be on hand within the current and following fiscal year of the district.

SECTION 4. Subsection (a), Section 13, Chapter 112, Acts of the 65th Legislature, Regular Session, 1977, is amended to read as follows:

(a) The board of directors of the district shall name one or more banks within its boundaries to serve as depository for the funds of the district for a period of four [two] years. Bids shall be received for a depository contract after a notice is published once, 20 days before the date to open such bids, in a newspaper of general circulation in the district. The depository contract shall be awarded to [let with] the bank or banks offering the most favorable terms and conditions for handling the district's money [to the district]. All funds of the district, except those invested as provided in Section 6 of this Act and those transmitted to a bank or banks as payment for bonds or obligations issued by the district, shall be deposited as received with the depository bank and shall remain on deposit; provided that nothing in this Act shall limit the power of the board to place a portion of such funds on time deposit or purchase certificates of deposit.

SECTION 5. The members of the board of directors of the Midland County Hospital District shall adjust the terms of office of directors to conform to the change of the election date made under Subsection (g), Section 5, Chapter 112, Acts of the 65th Legislature, Regular Session, 1977, as amended by this Act.

SECTION 6. This Act takes effect September 1, 2007.

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