81R11947 MCK/KEL/PAM-D
By: Frost H.B. No. 2619
A BILL TO BE ENTITLED
AN ACT
relating to the nonsubstantive revision of certain local laws
concerning special districts, including conforming amendments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS
SECTION 1.01. Subtitle A, Title 3, Special District Local
Laws Code, is amended by adding Chapters 1035, 1056, 1061, 1063,
1064, 1067, 1072, 1073, 1077, 1078, 1079, 1080, 1081, 1082, 1083,
1084, 1085, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, and 1097
to read as follows:
CHAPTER 1035. DEWITT MEDICAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1035.001. DEFINITIONS
Sec. 1035.002. AUTHORITY FOR CREATION
Sec. 1035.003. POLITICAL SUBDIVISION
Sec. 1035.004. DISTRICT TERRITORY
Sec. 1035.005. CORRECTION OF INVALID PROCEDURES
Sec. 1035.006. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
[Sections 1035.007-1035.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1035.051. BOARD ELECTION; TERM
Sec. 1035.052. NOTICE OF ELECTION
Sec. 1035.053. QUALIFICATIONS FOR OFFICE
Sec. 1035.054. BOND; RECORD OF BOND AND OATH OR
AFFIRMATION OF OFFICE
Sec. 1035.055. BOARD VACANCY
Sec. 1035.056. OFFICERS
Sec. 1035.057. COMPENSATION; EXPENSES
Sec. 1035.058. VOTING REQUIREMENT
Sec. 1035.059. DISTRICT ADMINISTRATOR
Sec. 1035.060. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1035.061. RECRUITMENT OF MEDICAL STAFF AND
EMPLOYEES
Sec. 1035.062. CONTINUING EDUCATION; RETRAINING
Sec. 1035.063. DOCTORS AND OTHER EMPLOYEES
[Sections 1035.064-1035.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1035.101. DISTRICT RESPONSIBILITY
Sec. 1035.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1035.103. MANAGEMENT AND CONTROL
Sec. 1035.104. HOSPITAL SYSTEM
Sec. 1035.105. PROVISION OF CERTAIN HEALTH SERVICES
Sec. 1035.106. EMINENT DOMAIN
Sec. 1035.107. GIFTS AND ENDOWMENTS
Sec. 1035.108. CONTRACT WITH NIXON HOSPITAL DISTRICT
Sec. 1035.109. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1035.110. REIMBURSEMENT FOR SERVICES
Sec. 1035.111. AUTHORITY TO SUE AND BE SUED
[Sections 1035.112-1035.150 reserved for expansion]
SUBCHAPTER D. CHANGE IN BOUNDARIES
Sec. 1035.151. EXPANSION OF TERRITORY; BOARD ORDER
Sec. 1035.152. ANNEXATION OF TERRITORY; PETITION
Sec. 1035.153. APPROVAL OR DENIAL OF ANNEXATION
PETITION
Sec. 1035.154. ELECTION ORDER
Sec. 1035.155. ELECTION DATE
Sec. 1035.156. NOTICE OF ELECTION
Sec. 1035.157. BALLOT
Sec. 1035.158. ELECTION RESULTS
[Sections 1035.159-1035.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 1035.201. DEPOSITORY
Sec. 1035.202. AUTHORITY TO BORROW MONEY; SECURITY
[Sections 1035.203-1035.250 reserved for expansion]
SUBCHAPTER F. BONDS
Sec. 1035.251. GENERAL OBLIGATION BONDS
Sec. 1035.252. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1035.253. GENERAL OBLIGATION BOND ELECTION
Sec. 1035.254. EXECUTION OF BONDS
Sec. 1035.255. INVESTMENT OF BOND PROCEEDS
Sec. 1035.256. REVENUE BONDS
[Sections 1035.257-1035.300 reserved for expansion]
SUBCHAPTER G. TAXES
Sec. 1035.301. IMPOSITION OF AD VALOREM TAX
Sec. 1035.302. TAX RATE
Sec. 1035.303. TAX ASSESSOR-COLLECTOR
CHAPTER 1035. DEWITT MEDICAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1035.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the DeWitt Medical District.
(New.)
Sec. 1035.002. AUTHORITY FOR CREATION. The DeWitt Medical
District is created under the authority of Section 9, Article IX,
Texas Constitution. (Acts 59th Leg., R.S., Ch. 310, Secs. 1 (part),
1A(a).)
Sec. 1035.003. POLITICAL SUBDIVISION. The district is a
political subdivision of this state. (Acts 59th Leg., R.S., Ch.
310, Sec. 15 (part).)
Sec. 1035.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 1, Chapter 310, Acts
of the 59th Legislature, Regular Session, 1965.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue a bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district. (New;
Acts 59th Leg., R.S., Ch. 310, Sec. 1 (part).)
Sec. 1035.005. CORRECTION OF INVALID PROCEDURES. If a
court holds that any procedure under this chapter violates the
constitution of this state or of the United States, the district by
resolution may provide an alternative procedure that conforms with
the constitution. (Acts 59th Leg., R.S., Ch. 310, Sec. 17 (part).)
Sec. 1035.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district's hospital
system may not become a charge against or obligation of this state.
(Acts 59th Leg., R.S., Ch. 310, Sec. 8 (part).)
[Sections 1035.007-1035.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1035.051. BOARD ELECTION; TERM. (a) The district is
governed by a board of five directors elected from the district at
large.
(b) Directors serve staggered three-year terms.
(c) An election shall be held each year on the May uniform
election date under Section 41.001, Election Code, to elect the
appropriate number of directors. (Acts 59th Leg., R.S., Ch. 310,
Secs. 4(a), (c) (part).)
Sec. 1035.052. NOTICE OF ELECTION. Notice of a directors'
election shall be published in a newspaper of general circulation
in the district in accordance with Section 4.003, Election Code.
(Acts 59th Leg., R.S., Ch. 310, Sec. 4(c) (part).)
Sec. 1035.053. QUALIFICATIONS FOR OFFICE. (a) To be
qualified to serve as a director, a person must:
(1) reside in the district; and
(2) be at least 21 years of age.
(b) A person may not serve as a director if the person:
(1) is a district employee; or
(2) was a district employee at any time during the two
years preceding the date of the election. (Acts 59th Leg., R.S.,
Ch. 310, Sec. 4(b).)
Sec. 1035.054. BOND; RECORD OF BOND AND OATH OR AFFIRMATION
OF OFFICE. (a) Each director shall qualify by executing a good and
sufficient bond for $5,000 that is:
(1) approved by the board;
(2) payable to the district; and
(3) conditioned on the faithful performance of the
director's duties.
(b) Each director's bond and constitutional oath or
affirmation of office shall be kept in the district's permanent
records. (Acts 59th Leg., R.S., Ch. 310, Sec. 5 (part).)
Sec. 1035.055. BOARD VACANCY. (a) If a vacancy occurs in
the office of director, the remaining directors shall appoint a
director for the unexpired term.
(b) If the number of directors is reduced to fewer than
three, the remaining directors shall immediately call a special
election to fill the vacancies. If the remaining directors do not
call the election, a district court, on application of a district
voter or taxpayer, may order the directors to hold the election.
(Acts 59th Leg., R.S., Ch. 310, Sec. 7(g).)
Sec. 1035.056. OFFICERS. (a) At the board's first regular
meeting following the annual election of the directors, the board
shall elect a chair, vice chair, and secretary from among its
members to serve for a term of one year.
(b) The board may create additional officer positions.
(Acts 59th Leg., R.S., Ch. 310, Sec. 7(a).)
Sec. 1035.057. COMPENSATION; EXPENSES. A director serves
without compensation but may be reimbursed for actual expenses
incurred in the performance of official duties on approval of the
expenses by the board. (Acts 59th Leg., R.S., Ch. 310, Sec. 7(f).)
Sec. 1035.058. VOTING REQUIREMENT. A concurrence of a
majority of the directors is sufficient in any matter relating to
district business. (Acts 59th Leg., R.S., Ch. 310, Sec. 7(b)
(part).)
Sec. 1035.059. DISTRICT ADMINISTRATOR. (a) The board
shall appoint a qualified person as district administrator.
(b) The district administrator serves at the will of the
board and is entitled to the compensation determined by the board.
(c) The board shall require that before assuming the duties
of district administrator the administrator must execute a bond in
an amount set by the board of not less than $5,000 that is:
(1) payable to the district; and
(2) conditioned on the performance of the
administrator's duties.
(d) The board may pay for the bond with district money.
(Acts 59th Leg., R.S., Ch. 310, Sec. 7(h) (part).)
Sec. 1035.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 59th
Leg., R.S., Ch. 310, Sec. 7(h) (part).)
Sec. 1035.061. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES.
The board may spend district money to recruit physicians, nurses,
or other trained medical personnel. The board may pay the tuition or
other costs or expenses of a full-time medical or nursing student
who:
(1) is enrolled in and is in good standing at an
accredited school, college, or university; and
(2) contractually agrees to become a district employee
in return for that assistance. (Acts 59th Leg., R.S., Ch. 310,
Secs. 16A(a), (b).)
Sec. 1035.062. CONTINUING EDUCATION; RETRAINING. The board
may spend district money for continuing education and retraining of
employees. (Acts 59th Leg., R.S., Ch. 310, Sec. 16A(c).)
Sec. 1035.063. DOCTORS AND OTHER EMPLOYEES. The board may
contract with doctors or appoint doctors to the medical staff and
may employ technicians, nurses, and other employees the board
considers necessary for the efficient operation of the district.
The board may delegate that authority to the district
administrator. (Acts 59th Leg., R.S., Ch. 310, Sec. 7(i).)
[Sections 1035.064-1035.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1035.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for providing medical and hospital care for the
district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 310, Sec.
2 (part).)
Sec. 1035.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision in DeWitt County, other
than the district, may not impose a tax or issue bonds or other
obligations for hospital purposes or to provide medical care in the
district. (Acts 59th Leg., R.S., Ch. 310, Sec. 2 (part).)
Sec. 1035.103. MANAGEMENT AND CONTROL. (a) The board has
all powers necessary, convenient, or incidental to carry out the
purposes for which the district was created.
(b) The board has complete management and control of all
district business, including the power to negotiate and contract
with any person to purchase or lease land, to construct and equip a
hospital system, to operate and maintain a hospital or hospitals,
and to negotiate and contract with other political subdivisions of
this state or with private individuals, associations, or
corporations for those purposes as the board determines necessary
or desirable. (Acts 59th Leg., R.S., Ch. 310, Secs. 7(c), (e).)
Sec. 1035.104. HOSPITAL SYSTEM. The district shall provide
for:
(1) the establishment of a hospital or hospital system
in the district to furnish medical and hospital care to district
residents by:
(A) purchasing, constructing, acquiring,
repairing, or renovating buildings and improvements for hospital
purposes; and
(B) equipping the buildings and improvements for
those purposes; and
(2) the administration of the hospital system for
hospital purposes. (Acts 59th Leg., R.S., Ch. 310, Sec. 2 (part).)
Sec. 1035.105. PROVISION OF CERTAIN HEALTH SERVICES. The
district may provide:
(1) emergency medical services;
(2) home health care services;
(3) long-term health care services;
(4) assisted living services; or
(5) any other appropriate health care services the
board determines are necessary to meet the district's needs. (Acts
59th Leg., R.S., Ch. 310, Sec. 7A.)
Sec. 1035.106. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property, real, personal, or mixed,
located in district territory, if the interest is necessary for the
district to exercise a right, power, privilege, or function
conferred on the district by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 59th Leg., R.S., Ch. 310,
Sec. 11.)
Sec. 1035.107. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 59th Leg., R.S., Ch. 310,
Sec. 16.)
Sec. 1035.108. CONTRACT WITH NIXON HOSPITAL DISTRICT. The
district, through the board, may contract with the Nixon Hospital
District of Gonzales and Wilson Counties, Texas, for the district
to lease, manage, or operate a health care facility located in the
Nixon Hospital District. (Acts 59th Leg., R.S., Ch. 310, Sec.
7(d).)
Sec. 1035.109. PAYMENT FOR TREATMENT; PROCEDURES. (a)
Each year, the board may set criteria for determining residency,
eligibility for service, and the type of services available.
(b) When a patient who resides in the district is admitted
to a district facility, the district administrator may have an
inquiry made into the financial circumstances of:
(1) the patient; and
(2) a relative of the patient who is legally
responsible for the patient's support.
(c) The district without charge shall provide to a patient
who resides in the district the care and treatment that the patient
or a relative of the patient who is legally responsible for the
patient's support cannot pay.
(d) On determining that the patient or a relative legally
responsible for the patient's support can pay for all or part of the
care and treatment provided by the district, the district
administrator shall report that determination to the board, and the
board shall issue an order directing the patient or the relative to
pay the district a specified amount each week. The amount must be
based on the individual's ability to pay.
(e) The district administrator may collect money owed to the
district from the patient's estate or from that of a relative
legally responsible for the patient's support in the manner
provided by law for collection of expenses of the last illness of a
deceased person.
(f) If there is a dispute relating to an individual's
ability to pay, the board shall:
(1) call witnesses;
(2) hear and resolve the question; and
(3) issue a final order.
(g) The final order of the board may be appealed to a
district court in the county in which the district is located. The
substantial evidence rule applies to the appeal. (Acts 59th Leg.,
R.S., Ch. 310, Secs. 13A(a), (b) (part), (c), (d), (e), (f).)
Sec. 1035.110. REIMBURSEMENT FOR SERVICES. (a) The board
shall require a county, municipality, or public hospital located
outside the district to reimburse the district for the district's
care and treatment of a sick or injured person of that county,
municipality, or public hospital as provided by Chapter 61, Health
and Safety Code.
(b) The board shall require the sheriff of DeWitt County or
the police chief of any municipality in the district to reimburse
the district for the district's care and treatment of a person who
is confined in a jail facility of DeWitt County or the municipality
and is not a district resident. A prisoner in the DeWitt County
jail or in a penal or police facility located in the district is not
considered a district resident unless the person would meet the
qualifications for residency notwithstanding the incarceration,
its duration, or the facts surrounding the incarceration.
(c) The board may contract with the state or federal
government for that government to reimburse the district for
treatment of a sick or injured person. (Acts 59th Leg., R.S., Ch.
310, Sec. 13B.)
Sec. 1035.111. AUTHORITY TO SUE AND BE SUED. As a
governmental agency, the district may sue and be sued in its own
name in any court of this state. (Acts 59th Leg., R.S., Ch. 310,
Sec. 15 (part).)
[Sections 1035.112-1035.150 reserved for expansion]
SUBCHAPTER D. CHANGE IN BOUNDARIES
Sec. 1035.151. EXPANSION OF TERRITORY; BOARD ORDER. (a)
The board may order an election on the question of:
(1) expanding the district's boundaries to include all
of the territory in DeWitt County that is not included in the Yoakum
Hospital District;
(2) the assumption by the additional territory of a
proportionate share of district debts; and
(3) the imposition of taxes in the territory to be
added to the district.
(b) Subsequent elections may be held on the same issue.
(Acts 59th Leg., R.S., Ch. 310, Secs. 1B(a), (h) (part).)
Sec. 1035.152. ANNEXATION OF TERRITORY; PETITION. (a) The
district may annex one or more tracts of territory in accordance
with the method provided by this subchapter.
(b) A registered voter who resides in a defined territory
may file a petition with the board requesting inclusion of the
territory in the district. The territory:
(1) must be contiguous to the district's boundaries or
to territory to be annexed under this subchapter; and
(2) may not be located in the boundaries of another
district or a district for which the legislature has enacted
enabling legislation.
(c) The petition must:
(1) describe the territory to be annexed; and
(2) be signed by the lesser of:
(A) at least 100 registered voters who reside in
that territory; or
(B) a majority of the registered voters.
(d) The board may act simultaneously on several petitions
for annexation. If more than one petition requests annexation of
the same territory, the board must act on the first petition filed.
(e) The board may not amend a petition. (Acts 59th Leg.,
R.S., Ch. 310, Secs. 1C(a), (b), (c) (part), (d) (part).)
Sec. 1035.153. APPROVAL OR DENIAL OF ANNEXATION PETITION.
(a) If the board finds that annexation of territory into the
district is in the district's best interest, the board shall, not
later than the 90th day after the date the finding is made:
(1) approve the petition filed under Section 1035.152;
and
(2) order an election on the question of annexing the
territory.
(b) If the board finds that annexation is not in the
district's best interest, the board shall deny the petition filed
under Section 1035.152. (Acts 59th Leg., R.S., Ch. 310, Sec. 1C(d)
(part).)
Sec. 1035.154. ELECTION ORDER. (a) The order calling an
election under this subchapter must state:
(1) the nature of the election, including the
proposition to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(b) The board shall order an annexation election required by
this subchapter so that the territory included in each approved
annexation petition is allowed to vote separately on inclusion in
the district. (Acts 59th Leg., R.S., Ch. 310, Secs. 1B(b), 1C(c)
(part), (e).)
Sec. 1035.155. ELECTION DATE. (a) The election in the
district and the election in the territory to be added or annexed
must be held on the same day.
(b) Section 41.001(a), Election Code, does not apply to an
election ordered under this section. (Acts 59th Leg., R.S., Ch.
310, Secs. 1B(d) (part), (g), 1C(g) (part), (j).)
Sec. 1035.156. NOTICE OF ELECTION. (a) The board shall
give notice of an election under this subchapter by publishing once
a week for two consecutive weeks a substantial copy of the election
order in a newspaper with general circulation in the district and
the area to be added or annexed.
(b) The first publication of the notice must appear at least
30 days before the date set for the election. (Acts 59th Leg.,
R.S., Ch. 310, Secs. 1B(c), 1C(f).)
Sec. 1035.157. BALLOT. (a) The ballot for an expansion
election ordered under Section 1035.151 must be printed to permit
voting for or against the proposition: "Expanding the DeWitt
Medical District to include all of DeWitt County except that
territory included in Yoakum Hospital District, the assumption by
the additional territory of its proportionate share of the
district's outstanding debts, and the imposition of a tax not to
exceed 75 cents on each $100 of valuation of all taxable property in
the expanded area of the district."
(b) The ballot for an annexation election ordered under
Section 1035.153 must be printed to permit voting for or against the
proposition: "Adding (description of territory to be added) to the
DeWitt Medical District, the assumption by the additional territory
of its proportionate share of the district's outstanding debts, and
the imposition of a tax not to exceed 75 cents on each $100 of
valuation of all taxable property in the annexed area of the
district." (Acts 59th Leg., R.S., Ch. 310, Secs. 1B(e), 1C(h).)
Sec. 1035.158. ELECTION RESULTS. (a) The district
boundaries may be expanded or territory may be annexed to the
district under this subchapter only if the expansion or annexation,
the assumption of debt, and the imposition of taxes are approved by
a majority of the voters voting at:
(1) an election held in the district; and
(2) a separate election held in the territory to be
added.
(b) If the election results for an election under this
subchapter are not favorable to the proposition to expand the
district or to annex the territory, subsequent elections may be
held on the same issue. (Acts 59th Leg., R.S., Ch. 310, Secs.
1B(f), (h), 1C(i), (k).)
[Sections 1035.159-1035.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 1035.201. DEPOSITORY. (a) The board by resolution
shall designate a bank in the county as the district's depository.
A designated bank serves for two years and until a successor is
designated.
(b) All district money shall be secured in the manner
provided for securing county funds. (Acts 59th Leg., R.S., Ch. 310,
Sec. 10.)
Sec. 1035.202. AUTHORITY TO BORROW MONEY; SECURITY. (a)
The board may borrow money at a rate not to exceed the maximum
annual percentage rate allowed by law for district obligations at
the time of the loan.
(b) To secure a loan, the board may pledge:
(1) district revenue that is not pledged to pay the
district's bonded indebtedness;
(2) a district tax to be imposed by the district during
the 12-month period following the date of the pledge that is not
pledged to pay the principal of or interest on district bonds; or
(3) district bonds that have been authorized but not
sold.
(c) A loan for which taxes or bonds are pledged must mature
not later than the anniversary of the date the loan is made. A loan
for which district revenue is pledged must mature not later than the
10th anniversary of the date the loan is made. (Acts 59th Leg.,
R.S., Ch. 310, Sec. 12A.)
[Sections 1035.203-1035.250 reserved for expansion]
SUBCHAPTER F. BONDS
Sec. 1035.251. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligation bonds authorized by an election
in the name and on the faith and credit of the district for any
purpose relating to:
(1) the purchase, construction, acquisition, repair,
or renovation of buildings or improvements; and
(2) equipping buildings or improvements for hospital
purposes. (Acts 59th Leg., R.S., Ch. 310, Sec. 12(a) (part).)
Sec. 1035.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued under Section
1035.251, an ad valorem tax shall be imposed at a rate sufficient to
create an interest and sinking fund to pay the principal of and
interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax imposed for the district may not in any year exceed
75 cents on each $100 valuation of all taxable property in the
district. (Acts 59th Leg., R.S., Ch. 310, Sec. 12(a) (part).)
Sec. 1035.253. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters voting in an
election called for that purpose and ordered by the board on its own
motion.
(b) The election shall be conducted in accordance with
Chapter 1251, Government Code. (Acts 59th Leg., R.S., Ch. 310,
Secs. 6 (part), 12(c).)
Sec. 1035.254. EXECUTION OF BONDS. (a) The board president
shall execute district bonds in the district's name.
(b) The board secretary shall countersign the bonds. (Acts
59th Leg., R.S., Ch. 310, Sec. 12(b) (part).)
Sec. 1035.255. INVESTMENT OF BOND PROCEEDS. Until the
proceeds from the sale of district bonds are needed to carry out the
bond purpose, the proceeds may be:
(1) invested in direct obligations of the United
States; or
(2) placed on time deposit. (Acts 59th Leg., R.S., Ch.
310, Sec. 12(b) (part).)
Sec. 1035.256. REVENUE BONDS. (a) The board may issue and
sell revenue bonds in the name and on the faith and credit of the
district to purchase, construct, acquire, repair, renovate, or
equip buildings or improvements for district purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospital system.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner provided by
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
Health and Safety Code, for the issuance of revenue bonds by a
county hospital authority. (Acts 59th Leg., R.S., Ch. 310, Sec.
12(e).)
[Sections 1035.257-1035.300 reserved for expansion]
SUBCHAPTER G. TAXES
Sec. 1035.301. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The board shall impose the tax to:
(1) meet the requirements of district bonds;
(2) provide for the district's maintenance and
operating expenses;
(3) make improvements and additions to the district's
hospitals or hospital system; and
(4) acquire necessary sites by gift, purchase, lease,
or condemnation. (Acts 59th Leg., R.S., Ch. 310, Sec. 8 (part).)
Sec. 1035.302. TAX RATE. The board shall impose the tax at
a rate not to exceed 75 cents on each $100 valuation of all taxable
property in the district. (Acts 59th Leg., R.S., Ch. 310, Sec. 8
(part).)
Sec. 1035.303. TAX ASSESSOR-COLLECTOR. The board may:
(1) appoint a tax assessor-collector for the district;
or
(2) contract for the assessment and collection of
taxes as provided by the Tax Code. (Acts 59th Leg., R.S., Ch. 310,
Sec. 9 (part).)
CHAPTER 1056. MARTIN COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1056.001. DEFINITIONS
Sec. 1056.002. AUTHORITY FOR OPERATION
Sec. 1056.003. DISTRICT TERRITORY
[Sections 1056.004-1056.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1056.051. BOARD APPOINTMENT; TERM
Sec. 1056.052. BOARD VACANCY
Sec. 1056.053. NONATTENDANCE
Sec. 1056.054. OFFICERS
Sec. 1056.055. COMPENSATION; EXPENSES
Sec. 1056.056. QUORUM
Sec. 1056.057. RECORDS OF PROCEEDINGS
Sec. 1056.058. DISTRICT ADMINISTRATOR
Sec. 1056.059. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1056.060. ASSISTANT ADMINISTRATOR
Sec. 1056.061. LEGAL COUNSEL
Sec. 1056.062. EMPLOYEES
Sec. 1056.063. RETIREMENT PROGRAM
Sec. 1056.064. SEAL
[Sections 1056.065-1056.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1056.101. DISTRICT RESPONSIBILITY
Sec. 1056.102. RESTRICTION ON COUNTY OR MUNICIPALITY
TAXATION
Sec. 1056.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1056.104. RULES
Sec. 1056.105. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1056.106. EMINENT DOMAIN
Sec. 1056.107. GIFTS AND ENDOWMENTS
Sec. 1056.108. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR CARE AND TREATMENT
Sec. 1056.109. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1056.110. AUTHORITY TO SUE AND BE SUED
[Sections 1056.111-1056.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1056.151. BUDGET
Sec. 1056.152. ANNUAL AUDIT
Sec. 1056.153. FINANCIAL REPORT
Sec. 1056.154. DEPOSITORY
[Sections 1056.155-1056.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1056.201. BONDS
Sec. 1056.202. TAX TO PAY BONDS
Sec. 1056.203. BOND ELECTION
Sec. 1056.204. REFUNDING BONDS
Sec. 1056.205. EXECUTION OF BONDS
[Sections 1056.206-1056.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1056.251. IMPOSITION OF AD VALOREM TAX
Sec. 1056.252. TAX RATE
Sec. 1056.253. TAX ASSESSOR-COLLECTOR
CHAPTER 1056. MARTIN COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1056.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of hospital managers of
the district.
(2) "District" means the Martin County Hospital
District.
(3) "Manager" means a member of the board. (New.)
Sec. 1056.002. AUTHORITY FOR OPERATION. The Martin County
Hospital District operates in accordance with and has the powers
and responsibilities provided by Section 9, Article IX, Texas
Constitution. (Acts 60th Leg., R.S., Ch. 674, Sec. 1 (part).)
Sec. 1056.003. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Martin County.
(Acts 60th Leg., R.S., Ch. 674, Sec. 1 (part).)
[Sections 1056.004-1056.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1056.051. BOARD APPOINTMENT; TERM. (a) The board
consists of six managers appointed by the Martin County
Commissioners Court.
(b) Managers serve staggered two-year terms, with three
managers appointed each year. (Acts 60th Leg., R.S., Ch. 674, Sec.
3 (part).)
Sec. 1056.052. BOARD VACANCY. If a vacancy occurs in the
office of manager, the remaining managers shall appoint a manager
for the unexpired term. (Acts 60th Leg., R.S., Ch. 674, Sec. 3
(part).)
Sec. 1056.053. NONATTENDANCE. The failure of a manager to
attend three consecutive regular board meetings causes a vacancy in
the manager's office unless the absence is excused by formal action
of the board. (Acts 60th Leg., R.S., Ch. 674, Sec. 3 (part).)
Sec. 1056.054. OFFICERS. (a) The board shall select from
among the managers a presiding officer, who shall preside over the
board.
(b) A presiding officer pro tem shall preside in the absence
of the presiding officer.
(c) The district administrator or any manager may be
appointed secretary. (Acts 60th Leg., R.S., Ch. 674, Sec. 3
(part).)
Sec. 1056.055. COMPENSATION; EXPENSES. A manager serves
without compensation but may be reimbursed for actual and necessary
travel and other expenses incurred in the performance of the
manager's duties as determined by the board. (Acts 60th Leg., R.S.,
Ch. 674, Sec. 3 (part).)
Sec. 1056.056. QUORUM. A majority of the board present
shall constitute a quorum for the transaction of business. (Acts
60th Leg., R.S., Ch. 674, Sec. 3 (part).)
Sec. 1056.057. RECORDS OF PROCEEDINGS. (a) The board shall
require the secretary to keep suitable records of all proceedings
of each board meeting.
(b) After each meeting:
(1) the manager presiding at the meeting shall read
and sign the record; and
(2) the secretary shall attest the record. (Acts 60th
Leg., R.S., Ch. 674, Sec. 3 (part).)
Sec. 1056.058. DISTRICT ADMINISTRATOR. (a) The board
shall appoint a general manager qualified by training and
experience as the district administrator.
(b) The district administrator is entitled to receive the
compensation determined by the board.
(c) The board may remove the district administrator at any
time.
(d) Before assuming the duties of district administrator,
the administrator must execute a bond payable to the district in an
amount of not less than $10,000 that:
(1) is conditioned on the administrator performing
well and faithfully the administrator's required duties; and
(2) contains other conditions the board may require.
(Acts 60th Leg., R.S., Ch. 674, Sec. 3 (part).)
Sec. 1056.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) perform the duties required by the board;
(2) supervise the work and activities of the district;
and
(3) direct the affairs of the district. (Acts 60th
Leg., R.S., Ch. 674, Sec. 3 (part).)
Sec. 1056.060. ASSISTANT ADMINISTRATOR. (a) The board may
designate an assistant administrator to discharge a duty or
function of the district administrator in the event of the
administrator's incapacity, absence, or inability to discharge the
duty or function.
(b) The assistant administrator shall post the bond
required by board order.
(c) The assistant administrator is subject to the
limitations prescribed by board order. (Acts 60th Leg., R.S., Ch.
674, Sec. 5.)
Sec. 1056.061. LEGAL COUNSEL. The board may employ legal
counsel to represent the district in all legal matters when the
board considers the employment advisable. (Acts 60th Leg., R.S.,
Ch. 674, Sec. 10.)
Sec. 1056.062. EMPLOYEES. The board shall authorize the
district administrator to employ any employees as considered
advisable for the efficient operation of the hospital or hospital
system. (Acts 60th Leg., R.S., Ch. 674, Sec. 3 (part).)
Sec. 1056.063. RETIREMENT PROGRAM. The board may:
(1) contract with this state or the federal government
as necessary to establish or continue a retirement program for the
benefit of district employees; or
(2) establish other retirement programs for the
benefit of district employees as it considers necessary and
advisable. (Acts 60th Leg., R.S., Ch. 674, Sec. 3 (part).)
Sec. 1056.064. SEAL. The board shall have a seal engraved
with the district's name to authenticate the acts of the board. The
secretary of the board shall keep the seal. (Acts 60th Leg., R.S.,
Ch. 674, Sec. 3 (part).)
[Sections 1056.065-1056.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1056.101. DISTRICT RESPONSIBILITY. (a) The district
shall admit patients to the hospital who are:
(1) district inhabitants; and
(2) able to pay for medical and hospital care.
(b) The district has full responsibility for providing
medical and hospital care for:
(1) eligible needy district inhabitants who are not
able to pay all or a part of the cost of the care; and
(2) eligible needy and indigent district residents.
(Acts 60th Leg., R.S., Ch. 674, Secs. 2 (part), 11 (part).)
Sec. 1056.102. RESTRICTION ON COUNTY OR MUNICIPALITY
TAXATION. Martin County or a municipality in the county may not
impose a tax for hospital purposes. (Acts 60th Leg., R.S., Ch. 674,
Secs. 1 (part), 11 (part).)
Sec. 1056.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital or
hospital system. (Acts 60th Leg., R.S., Ch. 674, Sec. 3 (part).)
Sec. 1056.104. RULES. The board may adopt rules for the
operation of the hospital or hospital system, including bylaws
governing board proceedings. (Acts 60th Leg., R.S., Ch. 674, Sec. 3
(part).)
Sec. 1056.105. PURCHASING AND ACCOUNTING PROCEDURES. (a)
The board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures.
(b) The district shall pay the salaries and expenses
necessarily incurred by the board or by an officer or agent of the
board in performing a duty prescribed or required by this section or
Section 1056.152.
(c) An officer, employee, or agent of the board shall
perform any function or service prescribed by the board under this
section or Section 1056.152. (Acts 60th Leg., R.S., Ch. 674, Sec. 4
(part).)
Sec. 1056.106. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property, real, personal, or mixed,
located in district territory if the interest is necessary or
convenient for the district to exercise a right, power, privilege,
or function conferred on the district by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond for the issuance
of a temporary restraining order or a temporary injunction; or
(2) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 60th Leg., R.S., Ch. 674,
Sec. 7.)
Sec. 1056.107. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 60th Leg., R.S., Ch. 674,
Sec. 16.)
Sec. 1056.108. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
CARE AND TREATMENT. The board may contract with:
(1) any county for the care and treatment of a sick or
injured person of that county; and
(2) this state or a federal agency for the care and
treatment of a sick or injured person for whom the state or agency
is responsible. (Acts 60th Leg., R.S., Ch. 674, Sec. 3 (part).)
Sec. 1056.109. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a patient from Martin County is admitted to a district
facility, the district administrator shall have an inquiry made
into the circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives cannot pay all or part of the costs of
the care and treatment in the hospital, the amount of the costs that
cannot be paid becomes a charge against the district.
(c) If the district administrator determines that the
patient or those relatives are liable for all or part of the costs
of the patient's care and treatment, the patient or those relatives
shall be ordered to pay to the district a specified amount each week
for the patient's care. The amount ordered must be proportionate to
the person's financial ability and may not exceed the usual and
customary charges for services rendered.
(d) The district administrator may collect the amount from
the estate of the patient, or the patient's relatives who are
legally liable for the patient's support, in the manner provided by
law for the collection of expenses of the last illness of a deceased
person.
(e) If there is a dispute as to the ability to pay, or doubt
in the mind of the district administrator, the county court shall
hold a hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue an appropriate order.
(f) Either party to the dispute may appeal the order to the
district court. (Acts 60th Leg., R.S., Ch. 674, Sec. 12.)
Sec. 1056.110. AUTHORITY TO SUE AND BE SUED. The board may
sue and be sued. (Acts 60th Leg., R.S., Ch. 674, Sec. 3 (part).)
[Sections 1056.111-1056.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1056.151. BUDGET. (a) The district administrator,
under the direction of the board, shall prepare an annual budget.
(b) The budget must be approved by the board. (Acts 60th
Leg., R.S., Ch. 674, Sec. 6 (part).)
Sec. 1056.152. ANNUAL AUDIT. As soon as practicable after
the close of each fiscal year, the board shall have an audit made of
the district's books and records for the fiscal year by an
independent public accountant. (Acts 60th Leg., R.S., Ch. 674,
Sec. 4 (part).)
Sec. 1056.153. FINANCIAL REPORT. (a) As soon as
practicable after the close of each fiscal year, the district
administrator shall prepare a report that includes:
(1) a complete sworn statement of:
(A) all money and choses in action received by
the administrator; and
(B) how the money and choses in action were
disbursed or otherwise disposed; and
(2) the details of district operation during the
preceding fiscal year.
(b) The district administrator shall make the report to:
(1) the board; and
(2) the Martin County Commissioners Court. (Acts 60th
Leg., R.S., Ch. 674, Sec. 6 (part).)
Sec. 1056.154. DEPOSITORY. (a) Every two years, the board
shall select one or more depositories for the district in the manner
provided for securing county funds.
(b) All income received by the district shall be deposited
with a district depository. (Acts 60th Leg., R.S., Ch. 674, Secs.
8, 13 (part).)
[Sections 1056.155-1056.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1056.201. BONDS. The board may issue and sell bonds as
district obligations for any purpose relating to:
(1) the purchase, construction, acquisition, repair,
or renovation of buildings or improvements; and
(2) equipping buildings and improvements for hospital
purposes. (Acts 60th Leg., R.S., Ch. 674, Sec. 14 (part).)
Sec. 1056.202. TAX TO PAY BONDS. (a) An ad valorem tax
shall be imposed at a rate sufficient to create an interest and
sinking fund to pay the principal of and interest on bonds issued
under Section 1056.201 as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax imposed for the district may not in any year exceed
75 cents on each $100 valuation of taxable property in the district.
(Acts 60th Leg., R.S., Ch. 674, Sec. 14 (part).)
Sec. 1056.203. BOND ELECTION. (a) The district may issue
bonds only if the bonds are authorized by a majority of the district
voters voting at an election held in accordance with the provisions
of Chapter 1251, Government Code, relating to county bonds.
(b) The board shall call the election. (Acts 60th Leg.,
R.S., Ch. 674, Sec. 14 (part).)
Sec. 1056.204. REFUNDING BONDS. (a) Refunding bonds may be
issued without an election and in the manner provided by this
subchapter to refund outstanding bonds issued or assumed by the
district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bond
applied to the payment of the outstanding bonds; or
(2) exchanged wholly or partly for not less than a
similar amount of outstanding bonds and the matured but unpaid
interest on the bonds. (Acts 60th Leg., R.S., Ch. 674, Sec. 14
(part).)
Sec. 1056.205. EXECUTION OF BONDS. (a) The board's
presiding officer shall execute district bonds in the district's
name.
(b) The board secretary shall countersign the bonds. (Acts
60th Leg., R.S., Ch. 674, Sec. 14 (part).)
[Sections 1056.206-1056.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1056.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The board shall impose the tax to:
(1) pay the interest on and create a sinking fund for
bonds assumed or issued by the district for hospital purposes as
provided by this chapter;
(2) provide for the operation and maintenance of the
hospital or hospital system; and
(3) make improvements and additions to the hospital
system and acquire necessary sites for improvements and additions
by purchase, lease, or condemnation. (Acts 60th Leg., R.S., Ch.
674, Sec. 13 (part).)
Sec. 1056.252. TAX RATE. The board shall impose the tax at
a rate not to exceed 75 cents on each $100 valuation of taxable
property in the district. (Acts 60th Leg., R.S., Ch. 674, Sec. 13
(part).)
Sec. 1056.253. TAX ASSESSOR-COLLECTOR. (a) Except as
provided by Subsection (b), the Martin County tax
assessor-collector shall collect the taxes imposed on all property
subject to district taxation.
(b) The district may appoint its own tax
assessor-collector. (Acts 60th Leg., R.S., Ch. 674, Sec. 13
(part).)
CHAPTER 1061. MIDLAND COUNTY HOSPITAL DISTRICT OF
MIDLAND COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1061.001. DEFINITIONS
Sec. 1061.002. AUTHORITY FOR CREATION
Sec. 1061.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1061.004. DISTRICT TERRITORY
Sec. 1061.005. CORRECTION OF INVALID PROCEDURES
Sec. 1061.006. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1061.007. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1061.008-1061.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1061.051. BOARD ELECTION; TERM
Sec. 1061.052. ALTERNATIVE DIRECTOR ELECTION
Sec. 1061.053. NOTICE OF ELECTION
Sec. 1061.054. QUALIFICATIONS FOR OFFICE
Sec. 1061.055. BOARD VACANCY
Sec. 1061.056. OFFICERS
Sec. 1061.057. COMPENSATION; EXPENSES
Sec. 1061.058. VOTING REQUIREMENT
Sec. 1061.059. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR
Sec. 1061.060. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1061.061. APPOINTMENT AND DISMISSAL OF STAFF AND
EMPLOYEES; CONTRACTS
Sec. 1061.062. RECRUITMENT OF MEDICAL STAFF AND
EMPLOYEES
Sec. 1061.063. SENIORITY; RETIREMENT BENEFITS
[Sections 1061.064-1061.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1061.101. DISTRICT RESPONSIBILITY
Sec. 1061.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1061.103. MANAGEMENT, CONTROL, AND
ADMINISTRATION; GENERAL BOARD POWER
Sec. 1061.104. HOSPITAL SYSTEM
Sec. 1061.105. RULES
Sec. 1061.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1061.107. AMBULANCE OR MOBILE EMERGENCY SERVICE
Sec. 1061.108. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1061.109. EMINENT DOMAIN
Sec. 1061.110. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 1061.111. GIFTS AND ENDOWMENTS
Sec. 1061.112. CONSTRUCTION OR PURCHASE CONTRACTS
Sec. 1061.113. MANAGEMENT AGREEMENT; LIABILITY
Sec. 1061.114. CONTRACTS FOR HOSPITALIZATION,
TREATMENT, AND TRAINING
Sec. 1061.115. CONTRACT FOR INVESTIGATORY OR OTHER
SERVICES
Sec. 1061.116. CONTRACT FOR FACILITIES TO SUPPORT
SURGICAL RESIDENCY PROGRAM
Sec. 1061.117. PROVISION OF SERVICES OUTSIDE DISTRICT
Sec. 1061.118. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1061.119. REIMBURSEMENT FOR SERVICES TO
NONRESIDENTS
Sec. 1061.120. AUTHORITY TO SUE AND BE SUED
[Sections 1061.121-1061.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1061.151. BUDGET
Sec. 1061.152. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1061.153. AMENDMENTS TO BUDGET
Sec. 1061.154. RESTRICTION ON EXPENDITURES
Sec. 1061.155. FISCAL YEAR
Sec. 1061.156. AUDIT
Sec. 1061.157. INSPECTION OF AUDIT AND DISTRICT
RECORDS
Sec. 1061.158. FINANCIAL REPORT
Sec. 1061.159. DEPOSITORY
Sec. 1061.160. SPENDING AND INVESTMENT RESTRICTIONS
[Sections 1061.161-1061.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1061.201. GENERAL OBLIGATION BONDS
Sec. 1061.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1061.203. BOND ELECTION
Sec. 1061.204. REVENUE BONDS
Sec. 1061.205. PAYMENT OF REVENUE BONDS; SECURITY
Sec. 1061.206. USE OF REVENUE BOND PROCEEDS
Sec. 1061.207. CHARGE FOR OCCUPANCY OR USE OF HOSPITAL
FACILITY
Sec. 1061.208. REFUNDING BONDS
Sec. 1061.209. BONDS EXEMPT FROM TAXATION
[Sections 1061.210-1061.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1061.251. IMPOSITION OF AD VALOREM TAX
Sec. 1061.252. TAX RATE
Sec. 1061.253. USE OF AD VALOREM TAXES FOR OPERATION
AND MAINTENANCE EXPENSES
Sec. 1061.254. ASSESSMENT AND COLLECTION BY COUNTY TAX
ASSESSOR-COLLECTOR
Sec. 1061.255. ASSESSMENT AND COLLECTION BY DISTRICT
TAX ASSESSOR-COLLECTOR
Sec. 1061.256. ASSESSMENT AND COLLECTION BY TAX
ASSESSOR-COLLECTOR OF ANOTHER
POLITICAL SUBDIVISION
CHAPTER 1061. MIDLAND COUNTY HOSPITAL DISTRICT OF
MIDLAND COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1061.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Midland County Hospital
District of Midland County, Texas. (New.)
Sec. 1061.002. AUTHORITY FOR CREATION. The Midland County
Hospital District of Midland County, Texas, is created under the
authority of Section 9, Article IX, Texas Constitution. (Acts 65th
Leg., R.S., Ch. 112, Sec. 1.)
Sec. 1061.003. ESSENTIAL PUBLIC FUNCTION. The district
performs an essential public function in carrying out the purposes
of this chapter. (Acts 65th Leg., R.S., Ch. 112, Sec. 23 (part).)
Sec. 1061.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Midland County,
Texas, as the boundaries existed on May 4, 1977. (Acts 65th Leg.,
R.S., Ch. 112, Sec. 2.)
Sec. 1061.005. CORRECTION OF INVALID PROCEDURES. If a court
holds that any procedure under this chapter violates the
constitution of this state or of the United States, the district by
resolution may provide an alternative procedure that conforms with
the constitution. (Acts 65th Leg., R.S., Ch. 112, Sec. 24 (part).)
Sec. 1061.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state. (Acts 65th
Leg., R.S., Ch. 112, Sec. 22 (part).)
Sec. 1061.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 65th Leg., R.S., Ch. 112, Sec. 22 (part).)
[Sections 1061.008-1061.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1061.051. BOARD ELECTION; TERM. (a) The board is
governed by a board of seven directors elected from single-member
districts.
(b) Directors serve staggered four-year terms.
(c) An election of directors shall be held in each
even-numbered year on the November uniform election date under
Section 41.001, Election Code. (Acts 65th Leg., R.S., Ch. 112,
Secs. 5(a) (part), (g) as added Acts 72nd Leg., 3rd C.S., Ch. 4.)
Sec. 1061.052. ALTERNATIVE DIRECTOR ELECTION. (a) The
board on its own motion may order that not fewer than 50 percent of
the directors be elected from single-member districts with the
remaining directors elected from the district at large.
(b) Before entering an order under Subsection (a), the board
must:
(1) hold a public hearing at which registered district
voters may comment on whether they favor electing directors in the
manner proposed by the board; and
(2) publish notice of the hearing in a newspaper with
general circulation in the district not later than the seventh day
before the date of the hearing.
(c) An order adopted under Subsection (a) must be entered
not later than the 120th day before the date of the first election
at which directors are elected in the manner provided by the order.
Not later than the 90th day before the date of the first election at
which directors are elected in the manner provided by the order, the
board shall:
(1) divide the district into the appropriate number of
single-member districts, based on the number of directors to be
elected from the single-member districts and number each
single-member district; and
(2) determine by lot the order in which the positions
will be filled.
(d) The single-member districts must be:
(1) compact and contiguous; and
(2) as nearly as practicable of equal population
according to the most recent federal census.
(e) If the data from the most recent federal census
indicates that the population of the most populous single-member
district exceeds the population of the least populous single-member
district by more than 10 percent, the board shall redivide the
hospital district into the appropriate number of single-member
districts not later than the 90th day before the date of the first
regular election at which directors may officially recognize and
act on the census. Redivision of the district must be in the manner
provided for division of the district under this section.
(f) If the district adopts a redistricting plan under this
section, the board may provide in the plan for the directors in
office to serve at large for the remainder of their terms. The
single-member district and at-large positions provided by the
district's plan shall be filled as the staggered terms of incumbent
directors expire. (Acts 65th Leg., R.S., Ch. 112, Secs. 5(a)
(part), (b) (part).)
Sec. 1061.053. NOTICE OF ELECTION. At least 10 days before
the date of an election of directors, notice of the election shall
be published one time in a newspaper of general circulation in
Midland County. (Acts 65th Leg., R.S., Ch. 112, Sec. 5(f) (part).)
Sec. 1061.054. QUALIFICATIONS FOR OFFICE. (a) A person may
not be elected or appointed as a director unless the person is:
(1) a resident of the district; and
(2) more than 18 years of age when elected or
appointed.
(b) A person who is elected from a single-member district or
is appointed to fill a vacancy for a single-member district must
reside in that single-member district. (Acts 65th Leg., R.S., Ch.
112, Secs. 5(b) (part), (d).)
Sec. 1061.055. BOARD VACANCY. (a) If a vacancy occurs in
the office of director, the remaining directors shall appoint a
director for the unexpired term.
(b) If the number of directors is reduced to fewer than
four, the remaining directors shall immediately call a special
election to fill the vacancies. If the remaining directors do not
call the election, a district court, on application of a district
voter or taxpayer, shall order the election. (Acts 65th Leg., R.S.,
Ch. 112, Sec. 5(e) (part).)
Sec. 1061.056. OFFICERS. (a) The board shall elect:
(1) a president and a vice president from among its
members; and
(2) a secretary, who need not be a director.
(b) Each officer of the board serves for a term of one year.
(c) The board by vote shall fill a vacancy in a board office
for the unexpired term. (Acts 65th Leg., R.S., Ch. 112, Sec. 5(e)
(part).)
Sec. 1061.057. COMPENSATION; EXPENSES. A director or
officer serves without compensation but may be reimbursed for
actual expenses incurred in the performance of official duties.
The expenses must be:
(1) reported in the district's records; and
(2) approved by the board. (Acts 65th Leg., R.S., Ch.
112, Sec. 5(g).)
Sec. 1061.058. VOTING REQUIREMENT. A concurrence of four
directors is sufficient in any matter relating to district
business. (Acts 65th Leg., R.S., Ch. 112, Sec. 5(e) (part).)
Sec. 1061.059. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR. (a) The board may appoint a qualified person as
district administrator.
(b) The board may appoint assistant administrators.
(c) The district administrator and any assistant
administrator serve at the will of the board and are entitled to the
compensation determined by the board.
(d) On assuming the duties of district administrator, the
administrator shall execute a bond payable to the district in an
amount set by the board of not less than $10,000 that:
(1) is conditioned on the administrator performing the
administrator's duties; and
(2) contains other conditions the board may require.
(Acts 65th Leg., R.S., Ch. 112, Sec. 6 (part).)
Sec. 1061.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 65th
Leg., R.S., Ch. 112, Sec. 6 (part).)
Sec. 1061.061. APPOINTMENT AND DISMISSAL OF STAFF AND
EMPLOYEES; CONTRACTS. (a) The board may appoint to or dismiss from
the staff any doctors the board considers necessary for the
efficient operation of the district and may make temporary
appointments as necessary.
(b) The district may employ fiscal agents, accountants,
architects, and attorneys the board considers proper.
(c) The board may delegate to the district administrator the
authority to hire or contract with technicians, nurses, and other
persons or district employees as the administrator considers
advisable. (Acts 65th Leg., R.S., Ch. 112, Secs. 6 (part), 18.)
Sec. 1061.062. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES.
The board may spend district money, enter into agreements, and take
other necessary action to recruit or otherwise obtain physicians
and other personnel for the district's medical staff or for
employment with the hospital or hospital system, including medical
facilities or other health facilities owned or operated by the
district. The actions may include:
(1) advertising and marketing;
(2) paying recruitment expenses;
(3) paying travel and relocation expenses; and
(4) providing a subsidy or scholarship. (Acts 65th
Leg., R.S., Ch. 112, Sec. 6 (part).)
Sec. 1061.063. SENIORITY; RETIREMENT BENEFITS. (a) The
board may:
(1) adopt rules relating to the seniority of district
employees; and
(2) establish or administer a retirement program or
elect to participate in any statewide retirement program in which
the district is eligible to participate.
(b) The district may give effect to previous years of
service for district employees continuously employed in the
operation or management of the hospital facilities acquired from
Midland Memorial Foundation when the district was created. (Acts
65th Leg., R.S., Ch. 112, Sec. 6 (part).)
[Sections 1061.064-1061.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1061.101. DISTRICT RESPONSIBILITY. (a) The district
has full responsibility for providing hospital care for the
district's indigent residents.
(b) The district shall provide all necessary hospital and
medical care for the district's needy inhabitants. (Acts 65th
Leg., R.S., Ch. 112, Secs. 3(a) (part), 21 (part).)
Sec. 1061.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision of this state, other
than the district, may not impose a tax or issue bonds or other
obligations for hospital purposes or to provide medical care in the
district. (Acts 65th Leg., R.S., Ch. 112, Secs. 3(a) (part), 21
(part).)
Sec. 1061.103. MANAGEMENT, CONTROL, AND ADMINISTRATION;
GENERAL BOARD POWER. (a) The board shall manage, control, and
administer the district's hospital or hospital system and the
district's money and resources.
(b) The board may exercise any power provided by this
chapter unless the board enters into a management contract under
Section 1061.113 that provides the power is exercised in accordance
with the contract. (Acts 65th Leg., R.S., Ch. 112, Sec. 6 (part).)
Sec. 1061.104. HOSPITAL SYSTEM. (a) The district has the
responsibility to establish a hospital or hospital system,
including medical facilities and other health facilities, within
its boundaries to provide hospital and medical care to the
district's residents.
(b) The district shall provide for:
(1) the establishment of a hospital system by:
(A) purchasing, constructing, acquiring,
repairing, or renovating buildings and equipment; and
(B) equipping the buildings; and
(2) the administration of buildings and equipment for
hospital and medical care purposes.
(c) The hospital system may include:
(1) facilities for domiciliary care of the sick,
injured, or geriatric;
(2) outpatient clinics;
(3) dispensaries;
(4) convalescent home facilities;
(5) necessary nurses' domiciliaries;
(6) training centers;
(7) training facilities for doctors and nurses and for
other health care disciplines;
(8) blood banks;
(9) community mental health centers;
(10) research centers or laboratories;
(11) parking; and
(12) any other facilities the board considers
necessary for a hospital or hospital system and a medical facility
or other health facility included in the hospital or hospital
system. (Acts 65th Leg., R.S., Ch. 112, Secs. 3(a) (part), (b)
(part), 11(a) (part).)
Sec. 1061.105. RULES. The board may adopt rules governing
the operation of the hospital, the hospital system, and the
district's staff and employees. (Acts 65th Leg., R.S., Ch. 112,
Sec. 6 (part).)
Sec. 1061.106. PURCHASING AND ACCOUNTING PROCEDURES. (a)
The board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures.
(b) The board by resolution may delegate a power described
by Subsection (a) to:
(1) the Midland Memorial Foundation or its successors;
or
(2) a person who enters into an operating or
management agreement with the district to exercise the power.
(Acts 65th Leg., R.S., Ch. 112, Sec. 12 (part).)
Sec. 1061.107. AMBULANCE OR MOBILE EMERGENCY SERVICE. The
district may operate or provide for the operation of an ambulance or
mobile emergency service. (Acts 65th Leg., R.S., Ch. 112, Sec. 6
(part).)
Sec. 1061.108. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine the type, number, and
location of buildings and property required to maintain an adequate
hospital system.
(b) The board may lease property, including facilities and
equipment, and may enter into a lease of all or part of the
district's buildings or other facilities with any person on terms
considered to be in the best interest of the district. The term of
the lease may not exceed 40 years.
(c) The district may acquire equipment for use in the
district's hospital system, including medical and health
facilities, and mortgage or pledge the property as security for the
payment of the purchase price. A contract entered into under this
subsection must provide that the entire obligation be retired not
later than the fifth anniversary of the date of the contract.
(d) The board on behalf of the district may hold, construct,
condemn, purchase, acquire, lease, add to, maintain, operate,
regulate, sell, convey, or otherwise dispose of any type of
property, including land or equipment, or a property right,
hospital facility, or hospital system on terms the board finds are
in the best interest of the district's inhabitants.
(e) The board 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. (Acts 65th Leg., R.S., Ch.
112, Secs. 11(a) (part), (b), 12 (part).)
Sec. 1061.109. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property located in district
territory if the interest is necessary or convenient for the
district to exercise a power, right, or privilege conferred by this
chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 65th Leg., R.S., Ch. 112,
Sec. 16(a).)
Sec. 1061.110. COST OF RELOCATING OR ALTERING PROPERTY. In
exercising the power of eminent domain, if the board requires
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of any railroad, electric transmission,
telegraph or telephone line, conduit, pole, or facility, or
pipeline, the district must bear the actual cost of relocating,
raising, lowering, rerouting, changing the grade, or altering the
construction to provide comparable replacement, without
enhancement of facilities, after deducting the net salvage value
derived from the old facility. (Acts 65th Leg., R.S., Ch. 112, Sec.
16(b).)
Sec. 1061.111. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 65th Leg., R.S., Ch. 112,
Sec. 20.)
Sec. 1061.112. CONSTRUCTION OR PURCHASE CONTRACTS. A
construction or purchase contract that involves the expenditure of
more than $25,000 may be made only after advertising in the manner
provided by Chapter 252, Local Government Code. (Acts 65th Leg.,
R.S., Ch. 112, Sec. 12 (part).)
Sec. 1061.113. MANAGEMENT AGREEMENT; LIABILITY. (a) The
board may enter into a management agreement with any person,
including the Midland Memorial Foundation or its successors, for
the management and operation of any hospital or part of a hospital
owned by the district, under terms satisfactory to the board and the
person.
(b) An agreement under Subsection (a) may be for a term not
to exceed 10 years, with renewal options as considered advisable.
(c) A nonprofit corporation that manages a hospital or
provides services under a contract with the district under this
chapter and any corporation employee are district employees for
purposes of Chapters 101 and 102, Civil Practice and Remedies Code,
while performing services under the contract for the benefit of the
district. (Acts 65th Leg., R.S., Ch. 112, Sec. 7.)
Sec. 1061.114. CONTRACTS FOR HOSPITALIZATION, TREATMENT,
AND TRAINING. (a) The board may contract with any person located
inside or outside the district's boundaries for the hospitalization
and treatment of a sick or injured person.
(b) The district may contract with any person located inside
or outside the district's boundaries for services provided by the
district, including:
(1) the promotion of health;
(2) hospital treatment of a sick or injured person;
and
(3) the training of doctors and nurses and the
provision of training in health care disciplines. (Acts 65th Leg.,
R.S., Ch. 112, Sec. 6 (part).)
Sec. 1061.115. CONTRACT FOR INVESTIGATORY OR OTHER
SERVICES. The board may contract with any person for the district to
provide investigatory or other services for the medical, hospital,
or welfare needs of district inhabitants. (Acts 65th Leg., R.S.,
Ch. 112, Sec. 6 (part).)
Sec. 1061.116. CONTRACT FOR FACILITIES TO SUPPORT SURGICAL
RESIDENCY PROGRAM. (a) The board may contract with a state agency or
public medical school, including the Texas Tech University Health
Sciences Center, for the improvement and equipping of hospital
facilities as necessary to support a surgical residency program.
(b) Notwithstanding other law, the state agency or medical
school may enter into an agreement described by Subsection (a) and
spend appropriated funds for that purpose. (Acts 65th Leg., R.S.,
Ch. 112, Sec. 6A.)
Sec. 1061.117. PROVISION OF SERVICES OUTSIDE DISTRICT. The
district may provide primary care, emergency services, preventive
medical services, and other health-related services outside the
district, provided that the services serve the purpose of the
district as established by this chapter. (Acts 65th Leg., R.S., Ch.
112, Sec. 3(a) (part).)
Sec. 1061.118. PAYMENT FOR TREATMENT; PROCEDURES. (a) When
a patient who resides in the district is admitted to a district
facility, the district administrator may have an inquiry made into
the financial circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives cannot pay all or part of the costs of
the care and treatment in the hospital, the amount of the costs that
cannot be paid becomes a charge against the district.
(c) If the district administrator determines that the
patient or those relatives can pay for all or part of the patient's
care and treatment, the patient or those relatives shall be ordered
to pay the district a specified amount each week for the patient's
care and support. The amount ordered must be proportionate to the
person's financial ability.
(d) The district administrator may collect the amount from
the patient's estate, or from any relative who is legally liable for
the patient's support, in the manner provided by law for the
collection of expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay, or doubt
in the mind of the district administrator, the board shall hear and
determine the issue, after calling witnesses.
(f) The final order of the board may be appealed to the
district court. The substantial evidence rule applies to the
appeal. (Acts 65th Leg., R.S., Ch. 112, Sec. 19 (part).)
Sec. 1061.119. REIMBURSEMENT FOR SERVICES TO NONRESIDENTS.
If a welfare patient, who is not a district resident, is admitted to
a district facility, the district may:
(1) seek reimbursement from the patient's county of
residence; and
(2) sue for reimbursement. (Acts 65th Leg., R.S., Ch.
112, Sec. 19 (part).)
Sec. 1061.120. AUTHORITY TO SUE AND BE SUED. The district,
through the board, may sue and be sued. (Acts 65th Leg., R.S., Ch.
112, Sec. 6 (part).)
[Sections 1061.121-1061.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1061.151. BUDGET. (a) Unless otherwise provided in a
management agreement, the district administrator shall prepare an
annual budget for approval by the board.
(b) The proposed budget must contain a complete financial
statement of:
(1) the outstanding obligations of the district;
(2) the cash on hand in each district fund;
(3) the money received by the district from all
sources during the previous year;
(4) the money available to the district from all
sources during the ensuing year;
(5) the balances expected at the end of the year in
which the budget is being prepared;
(6) the estimated revenue and balances available to
cover the proposed budget;
(7) the estimated tax rate required; and
(8) the proposed expenditures and disbursements and
the estimated receipts and collections for the following fiscal
year.
(c) The board shall provide in each annual budget for the
payment of all operation and maintenance expenses of the district.
(d) In preparing the budget, the board may consider the
estimated excess revenue and income from hospital facilities
available for paying the operation and maintenance expenses after
providing for the payment of revenue bonds issued by the district.
(Acts 65th Leg., R.S., Ch. 112, Secs. 8 (part), 10 (part).)
Sec. 1061.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual budget.
(b) At least 10 days before the date of the hearing, notice
of the hearing shall be published one time in a newspaper or
newspapers that individually or collectively have general
circulation in the district.
(c) Any property taxpayer of the district is entitled to be
present and participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the district
administrator. The board may make any changes in the proposed
budget that the board judges to be in the interest of the taxpayers
and that the law warrants. (Acts 65th Leg., R.S., Ch. 112, Sec. 8
(part).)
Sec. 1061.153. AMENDMENTS TO BUDGET. The budget may be
amended as required by circumstances. The board must approve all
amendments. (Acts 65th Leg., R.S., Ch. 112, Sec. 8 (part).)
Sec. 1061.154. RESTRICTION ON EXPENDITURES. Money may be
spent only for an expense included in the budget or an amendment to
the budget. (Acts 65th Leg., R.S., Ch. 112, Sec. 8 (part).)
Sec. 1061.155. FISCAL YEAR. The district operates
according to a fiscal year that begins on October 1 and ends on
September 30. The board may change the fiscal year. (Acts 65th
Leg., R.S., Ch. 112, Sec. 8 (part).)
Sec. 1061.156. AUDIT. The board shall have an independent
audit made of the district's financial condition for each fiscal
year. (Acts 65th Leg., R.S., Ch. 112, Sec. 8 (part).)
Sec. 1061.157. INSPECTION OF AUDIT AND DISTRICT RECORDS.
The audit and other district records shall be open to inspection at
the district's principal office. (Acts 65th Leg., R.S., Ch. 112,
Sec. 8 (part).)
Sec. 1061.158. FINANCIAL REPORT. As soon as practicable
after the close of each fiscal year, the district administrator or
the managing entity of the hospital shall prepare for the board:
(1) a complete sworn statement of all district money;
and
(2) a complete account of the disbursements of that
money. (Acts 65th Leg., R.S., Ch. 112, Sec. 8 (part).)
Sec. 1061.159. DEPOSITORY. (a) The board shall select one
or more banks in the district to serve as a depository for district
money. A selected bank serves for four years. Bids shall be
received for a depository contract after notice is published one
time in a newspaper of general circulation in the district 20 days
before the date to open the bids. The district shall award the
depository contract to the bank or banks offering the most
favorable terms for handling the district's money.
(b) District money, other than money invested as provided by
Section 1061.160(b) and money transmitted to a bank for payment of
bonds or obligations issued by the district, shall be deposited as
received with the depository bank and shall remain on deposit.
(c) This chapter, including Subsection (b), does not limit
the power of the board to place a part of district money on time
deposit or to purchase certificates of deposit.
(d) The district may not deposit money with a bank in an
amount that exceeds the maximum amount secured by the Federal
Deposit Insurance Corporation unless the bank first executes a bond
or other security or pledges security as required for county
depositories in an amount sufficient to secure from loss the
district money that exceeds the amount secured by the Federal
Deposit Insurance Corporation. (Acts 65th Leg., R.S., Ch. 112,
Sec. 13.)
Sec. 1061.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as otherwise provided by Section 1061.108(c) and by
Subchapter E, the district may not incur an obligation payable from
district revenue other than the revenue on hand or to be on hand in
the current and following district fiscal years.
(b) The board may invest operating, depreciation, or
building reserves only in funds or securities specified by Chapter
2256, Government Code. (Acts 65th Leg., R.S., Ch. 112, Secs. 6
(part), 12 (part).)
[Sections 1061.161-1061.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1061.201. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligation bonds in the name and on the full
faith and credit of the district for:
(1) the purchase, construction, acquisition, repair,
or renovation of buildings or improvements; and
(2) equipping buildings or improvements for hospital
purposes. (Acts 65th Leg., R.S., Ch. 112, Sec. 9(a) (part).)
Sec. 1061.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1061.201, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed the
tax rate approved by the voters at the election authorizing the
imposition of the tax. (Acts 65th Leg., R.S., Ch. 112, Sec. 9(a)
(part).)
Sec. 1061.203. BOND ELECTION. (a) The district may issue
tax bonds only if the bonds are authorized by a majority of the
district voters voting at an election held for that purpose.
(b) The order calling the election shall provide for clerks
as in county elections and must specify:
(1) the date of the election;
(2) the location of the polling places;
(3) the presiding and alternate presiding judges for
each polling place;
(4) the amount of the bonds to be authorized; and
(5) the maximum maturity date of the bonds.
(c) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code. (Acts 65th Leg., R.S., Ch. 112,
Sec. 9(a) (part).)
Sec. 1061.204. REVENUE BONDS. (a) The board may issue
revenue bonds for the purchase, construction, acquisition, and
repair or renovation of buildings and improvements, and equipping
any hospital facilities, including facilities for parking, and the
training of doctors, nurses, and health care disciplines, and to
acquire any real or personal property in connection with the
hospital facilities.
(b) A revenue bond issued under this section must mature not
later than 40 years after the date of issuance.
(c) The board may provide for the subsequent issuance of
additional parity bonds, subordinate lien bonds, or other types of
bonds under terms prescribed in the order authorizing the issuance
of revenue bonds. (Acts 65th Leg., R.S., Ch. 112, Sec. 10 (part).)
Sec. 1061.205. PAYMENT OF REVENUE BONDS; SECURITY. (a)
Revenue bonds issued under Section 1061.204 must be payable from
and secured by liens on and pledges of all or any part of the revenue
and income, other than ad valorem taxes, derived by the district
from the operation of district facilities, the ownership of
district facilities, or both. The board may pledge to the payment
of revenue bonds all or any part of a grant, donation, or income
received or to be received from the United States or any other
public or private source under an agreement or otherwise.
(b) The bonds may be additionally secured by a mortgage or
deed of trust on any real property on which a district hospital
facility is or will be located and any real or personal property
incident or appurtenant to the facility. The board may authorize
the execution and delivery of a trust indenture, mortgage, deed of
trust, or other form of encumbrance to evidence the security
interest. (Acts 65th Leg., R.S., Ch. 112, Sec. 10 (part).)
Sec. 1061.206. USE OF REVENUE BOND PROCEEDS. (a) If
permitted in the bond order, any required part of the proceeds from
the sale of the revenue bonds may be used to:
(1) pay interest on the bonds during the period of the
construction of a hospital facility to be provided through the
issuance of the bonds;
(2) pay operation and maintenance expenses of the
facility to the extent and for the time specified in the bond order;
and
(3) create reserves for the payment of the principal
of and interest on the bonds.
(b) The bond proceeds may be invested until needed to the
extent and in the manner provided by the bond order. (Acts 65th
Leg., R.S., Ch. 112, Sec. 10 (part).)
Sec. 1061.207. CHARGE FOR OCCUPANCY OR USE OF HOSPITAL
FACILITY. The board may establish and collect charges for the
occupancy or use of a hospital facility and for related services in
the amounts and manner determined by the board. The charges shall
be set and collected in amounts at least sufficient with any other
pledged resources to pay:
(1) the principal of, interest on, and any other
amounts required in relation to bonds issued by the district; and
(2) to the extent required by the bond order, all or
any part of the operation, maintenance, and other expenses of the
hospital facility. (Acts 65th Leg., R.S., Ch. 112, Sec. 10 (part).)
Sec. 1061.208. REFUNDING BONDS. (a) The board may, without
an election, issue refunding bonds to refund outstanding
indebtedness issued or assumed by the district.
(b) Refunding bonds may be:
(1) sold, with the proceeds of the refunding bonds
applied to the payment of the outstanding indebtedness; or
(2) exchanged wholly or partly for not less than a like
principal amount of outstanding indebtedness. (Acts 65th Leg.,
R.S., Ch. 112, Secs. 9(a) (part), (c) (part), 10 (part).)
Sec. 1061.209. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision:
(1) bonds issued or assumed by the district;
(2) the transfer and issuance of the bonds; and
(3) profits made in the sale of the bonds. (Acts 65th
Leg., R.S., Ch. 112, Sec. 23 (part).)
[Sections 1061.210-1061.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1061.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The board shall impose the tax to:
(1) pay the indebtedness issued or assumed by the
district;
(2) provide for the operation and maintenance of the
district and hospital system;
(3) make improvements and additions to the hospital
system; and
(4) acquire necessary sites for the improvements and
additions by purchase, lease, or condemnation.
(c) The board may not impose a tax to pay the principal of or
interest on revenue bonds. (Acts 65th Leg., R.S., Ch. 112, Secs.
4(b) (part), 10 (part), 14(a) (part).)
Sec. 1061.252. TAX RATE. (a) The board may impose the tax
at a rate not to exceed 75 cents on each $100 valuation of taxable
property in the district.
(b) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 65th
Leg., R.S., Ch. 112, Secs. 4(b) (part), 14(a) (part), (b) (part).)
Sec. 1061.253. USE OF AD VALOREM TAXES FOR OPERATION AND
MAINTENANCE EXPENSES. (a) If the board issues revenue bonds under
Section 1061.204, the board:
(1) shall use ad valorem taxes to pay the district's
operation and maintenance expenses to the extent that the revenue
and income from the district's hospital facilities are not
sufficient after providing for the payment of those bonds; and
(2) may pledge the proceeds of the ad valorem tax for
the payment of the district's operation and maintenance expenses in
the order authorizing the issuance of the bonds.
(b) If the ad valorem tax is pledged, the board shall,
during each year during which the revenue bonds are outstanding,
compute a tax rate sufficient to pay the operation and maintenance
expenses described by Subsection (a)(1).
(c) The ad valorem tax shall be imposed on all taxable
property in the district for each year the revenue bonds are
outstanding. The tax shall be assessed and collected each year and
used for the purpose prescribed by this section to the extent
required. (Acts 65th Leg., R.S., Ch. 112, Sec. 10 (part).)
Sec. 1061.254. ASSESSMENT AND COLLECTION BY COUNTY TAX
ASSESSOR-COLLECTOR. (a) This section applies unless the board by
majority vote elects to have taxes assessed and collected under
Section 1061.255 or 1061.256.
(b) The tax assessor-collector of Midland County shall
assess and collect taxes imposed by the district. (Acts 65th Leg.,
R.S., Ch. 112, Secs. 17(a) (part), (b) (part).)
Sec. 1061.255. ASSESSMENT AND COLLECTION BY DISTRICT TAX
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes
assessed and collected by a tax assessor-collector appointed by the
board. An election under this subsection must be made by December 1
and governs the manner in which taxes are assessed and collected,
until changed by a similar resolution.
(b) The district tax assessor-collector must:
(1) reside in the district; and
(2) own real property subject to district taxation.
(c) The board shall set for the district tax
assessor-collector:
(1) the term of employment; and
(2) compensation. (Acts 65th Leg., R.S., Ch. 112,
Secs. 17(a) (part), (c) (part).)
Sec. 1061.256. ASSESSMENT AND COLLECTION BY TAX
ASSESSOR-COLLECTOR OF ANOTHER POLITICAL SUBDIVISION. (a) The
board may elect to have all or part of the district's taxes assessed
and collected by a political subdivision in which any part of the
district is located. An election under this subsection must be made
by December 1 and governs the manner in which taxes are assessed and
collected, until changed by a similar resolution.
(b) The tax assessor or collector of the political
subdivision shall assess or collect the appropriate district taxes
in accordance with the board's election under Subsection (a) and
for the compensation agreed on by the appropriate parties. (Acts
65th Leg., R.S., Ch. 112, Secs. 17(a) (part), (d) (part).)
CHAPTER 1063. MONTGOMERY COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1063.001. DEFINITIONS
Sec. 1063.002. AUTHORITY FOR OPERATION
Sec. 1063.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1063.004. DISTRICT TERRITORY
Sec. 1063.005. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1063.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1063.007-1063.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1063.051. BOARD ELECTION; TERM
Sec. 1063.052. QUALIFICATIONS FOR OFFICE
Sec. 1063.053. BALLOT PETITION
Sec. 1063.054. NOTICE OF ELECTION
Sec. 1063.055. RUNOFF ELECTION
Sec. 1063.056. BOARD VACANCY
Sec. 1063.057. OFFICERS
Sec. 1063.058. COMPENSATION
Sec. 1063.059. BOND; RECORD OF BOND
Sec. 1063.060. VOTING REQUIREMENT
Sec. 1063.061. CALLING MEETINGS
Sec. 1063.062. CHIEF ADMINISTRATIVE OFFICER; ASSISTANT
ADMINISTRATOR
Sec. 1063.063. GENERAL DUTIES OF CHIEF ADMINISTRATIVE
OFFICER
Sec. 1063.064. APPOINTMENT OF STAFF AND EMPLOYEES
Sec. 1063.065. RETIREMENT BENEFITS
[Sections 1063.066-1063.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1063.101. DISTRICT RESPONSIBILITY
Sec. 1063.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1063.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1063.104. HEALTH CARE OR HOSPITAL SYSTEM
Sec. 1063.105. RULES
Sec. 1063.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1063.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1063.108. TAKEOVER OF NONPROFIT HOSPITAL PROPERTY
Sec. 1063.109. EMINENT DOMAIN
Sec. 1063.110. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 1063.111. GIFTS AND ENDOWMENTS
Sec. 1063.112. CONSTRUCTION CONTRACTS
Sec. 1063.113. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1063.114. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR CARE AND TREATMENT
Sec. 1063.115. CONTRACTS FOR HEALTH CARE SERVICES
Sec. 1063.116. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR INVESTIGATORY OR OTHER SERVICES
Sec. 1063.117. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1063.118. NONPROFIT CORPORATION
Sec. 1063.119. AUTHORITY TO SUE AND BE SUED
[Sections 1063.120-1063.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1063.151. BUDGET
Sec. 1063.152. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1063.153. AMENDMENTS TO BUDGET
Sec. 1063.154. RESTRICTION ON EXPENDITURES
Sec. 1063.155. FISCAL YEAR
Sec. 1063.156. AUDIT
Sec. 1063.157. INSPECTION OF AUDIT AND DISTRICT
RECORDS
Sec. 1063.158. FINANCIAL REPORT
Sec. 1063.159. DEPOSITORY
Sec. 1063.160. SPENDING AND INVESTMENT RESTRICTIONS
[Sections 1063.161-1063.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1063.201. GENERAL OBLIGATION BONDS
Sec. 1063.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1063.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1063.204. MATURITY OF GENERAL OBLIGATION BONDS
Sec. 1063.205. EXECUTION OF GENERAL OBLIGATION BONDS
Sec. 1063.206. REVENUE BONDS
Sec. 1063.207. REFUNDING BONDS
Sec. 1063.208. BONDS EXEMPT FROM TAXATION
Sec. 1063.209. TAX ANTICIPATION NOTES
Sec. 1063.210. CERTIFICATES OF OBLIGATION
[Sections 1063.211-1063.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1063.251. IMPOSITION OF AD VALOREM TAX
Sec. 1063.252. TAX RATE
Sec. 1063.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
ASSESSOR-COLLECTOR
Sec. 1063.254. ASSESSMENT AND COLLECTION BY
APPOINTMENT OR CONTRACT
Sec. 1063.255. PETITION AND ORDER FOR ELECTION TO
REDUCE TAX RATE
[Sections 1063.256-1063.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION
Sec. 1063.301. DISSOLUTION ELECTION; PETITION
Sec. 1063.302. VALIDITY OF PETITION FOR ELECTION
Sec. 1063.303. ELECTION DATE
Sec. 1063.304. BALLOT
Sec. 1063.305. ELECTION RESULTS
Sec. 1063.306. TRANSFER, SALE, OR ADMINISTRATION OF
ASSETS IF ELECTION INITIATED BY BOARD
Sec. 1063.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
TAXES
Sec. 1063.308. REPORT; DISSOLUTION ORDER
Sec. 1063.309. TRANSFER, SALE, OR ADMINISTRATION OF
ASSETS IF ELECTION INITIATED BY
DISTRICT PETITION
CHAPTER 1063. MONTGOMERY COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1063.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Montgomery County Hospital
District. (New.)
Sec. 1063.002. AUTHORITY FOR OPERATION. The Montgomery
County Hospital District operates and is administered and financed
in accordance with Section 9, Article IX, Texas Constitution, and
has the rights, powers, and duties provided by this chapter. (Acts
65th Leg., R.S., Ch. 258, Sec. 1 (part).)
Sec. 1063.003. ESSENTIAL PUBLIC FUNCTION. The district
performs an essential public function in carrying out the purposes
of this chapter. (Acts 65th Leg., R.S., Ch. 258, Sec. 22 (part).)
Sec. 1063.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Montgomery County,
Texas. (Acts 65th Leg., R.S., Ch. 258, Sec. 1 (part).)
Sec. 1063.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state. (Acts 65th
Leg., R.S., Ch. 258, Sec. 21 (part).)
Sec. 1063.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 65th Leg., R.S., Ch. 258, Sec. 21 (part).)
[Sections 1063.007-1063.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1063.051. BOARD ELECTION; TERM. (a) The board
consists of seven directors elected as follows:
(1) one director elected from each county
commissioners precinct; and
(2) three directors elected from the district at large
by position.
(b) A district voter may vote on the directors to be elected
at large and on the director to be elected from the precinct in
which the voter resides.
(c) An election shall be held on the uniform election date
in May of each even-numbered year to elect the appropriate number of
directors.
(d) Directors serve staggered four-year terms that expire
on the second Tuesday in June. (Acts 65th Leg., R.S., Ch. 258, Secs.
4(a) (part), (c) (part); Acts 72nd Leg., R.S., Ch. 511, Sec. 6.)
Sec. 1063.052. QUALIFICATIONS FOR OFFICE. (a) A person may
not be elected or appointed as a director unless the person:
(1) is more than 21 years of age at the time of the
appointment or election;
(2) is a resident of the district; and
(3) is a qualified voter.
(b) A director who represents a county commissioners
precinct must be a resident of that precinct.
(c) A person may not be elected or appointed as a director if
the person holds another appointed or elected public office of
honor, trust, or profit.
(d) A person who holds another public office of honor,
trust, or profit and seeks to be appointed or elected as a director
automatically vacates the first office. (Acts 65th Leg., R.S., Ch.
258, Sec. 4(a) (part).)
Sec. 1063.053. BALLOT PETITION. A person who wants to have
the person's name printed on the ballot as a candidate for director
must file with the board secretary a petition requesting that
action. The petition must be:
(1) signed by at least 10 registered voters; and
(2) filed at least 25 days before the date of the
election. (Acts 65th Leg., R.S., Ch. 258, Sec. 4(c) (part).)
Sec. 1063.054. NOTICE OF ELECTION. At least 10 days before
the date of a regular election of directors, notice of the election
shall be published one time in a newspaper of general circulation in
Montgomery County. (Acts 65th Leg., R.S., Ch. 258, Sec. 4(c)
(part).)
Sec. 1063.055. RUNOFF ELECTION. (a) If no candidate for a
particular director position at a regular directors' election
receives a majority of the votes of the voters voting in that race,
the board shall order a runoff election.
(b) At least seven days before the date of a runoff
election, the board shall publish notice of the election one time in
a newspaper or newspapers that individually or collectively have
general circulation in the area of the runoff election.
(c) Of the names printed on the ballot at a runoff election,
the name of the candidate who received the higher number of votes at
the general election of directors must be printed first on the
ballot. (Acts 65th Leg., R.S., Ch. 258, Sec. 4(d) (part).)
Sec. 1063.056. BOARD VACANCY. (a) If a vacancy occurs in
the office of director, the remaining directors shall appoint a
director for the unexpired term.
(b) If the number of directors is reduced to fewer than four
for any reason, the remaining directors shall immediately call a
special election to fill the vacancies. If the remaining directors
do not call the election, a district court, on application of a
district voter or taxpayer, may order the directors to hold the
election. (Acts 65th Leg., R.S., Ch. 258, Sec. 4(b) (part).)
Sec. 1063.057. OFFICERS. The board shall elect from among
its members a presiding officer, assistant presiding officer,
treasurer, and secretary. (Acts 65th Leg., R.S., Ch. 258, Sec.
4(b) (part).)
Sec. 1063.058. COMPENSATION. A director serves without
compensation. (Acts 65th Leg., R.S., Ch. 258, Sec. 4(a) (part).)
Sec. 1063.059. BOND; RECORD OF BOND. (a) Each director
shall execute a good and sufficient bond for $1,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director's duties.
(b) Each director's bond shall be deposited with the
district's depository bank for safekeeping. (Acts 65th Leg., R.S.,
Ch. 258, Sec. 4(a) (part).)
Sec. 1063.060. VOTING REQUIREMENT. A concurrence of a
majority of the directors present is sufficient in any matter
relating to district business. (Acts 65th Leg., R.S., Ch. 258, Sec.
4(b) (part).)
Sec. 1063.061. CALLING MEETINGS. The presiding officer or
any four directors may call a board meeting. (Acts 65th Leg., R.S.,
Ch. 258, Sec. 4(b) (part).)
Sec. 1063.062. CHIEF ADMINISTRATIVE OFFICER; ASSISTANT
ADMINISTRATOR. (a) The board shall appoint a qualified person as
the district's chief administrative officer. That officer shall be
known as the district president or by another title selected by the
board.
(b) The board may appoint one or more assistant
administrators. An assistant administrator shall be known as the
district vice president or by another title selected by the board.
(c) The chief administrative officer and any assistant
administrator serve at the will of the board and are entitled to the
compensation determined by the board. (Acts 65th Leg., R.S., Ch.
258, Sec. 5(a) (part).)
Sec. 1063.063. GENERAL DUTIES OF CHIEF ADMINISTRATIVE
OFFICER. Subject to the limitations prescribed by the board, the
chief administrative officer shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 65th
Leg., R.S., Ch. 258, Sec. 5(a) (part).)
Sec. 1063.064. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
board may appoint to the staff any doctors the board considers
necessary for the efficient operation of the district and may make
temporary appointments as warranted.
(b) The district may employ fiscal agents, accountants,
architects, and attorneys the board considers proper.
(c) The board may delegate to the chief administrative
officer the authority to hire district employees, including
technicians and nurses. (Acts 65th Leg., R.S., Ch. 258, Secs. 5(a)
(part), 17.)
Sec. 1063.065. RETIREMENT BENEFITS. The board may provide
retirement benefits for district employees by:
(1) establishing or administering a retirement
program; or
(2) participating in:
(A) the Texas County and District Retirement
System; or
(B) another statewide retirement system in which
the district is eligible to participate. (Acts 65th Leg., R.S., Ch.
258, Sec. 6.)
[Sections 1063.066-1063.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1063.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for providing medical and hospital care for the
district's needy inhabitants. (Acts 65th Leg., R.S., Ch. 258, Sec.
20 (part).)
Sec. 1063.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision located wholly or
partly within the district may not impose a tax or issue bonds or
other obligations for hospital or health care purposes or to
provide medical care for district residents. (Acts 65th Leg.,
R.S., Ch. 258, Sec. 20 (part).)
Sec. 1063.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the health care or
hospital system and the district's money and resources. (Acts 65th
Leg., R.S., Ch. 258, Sec. 5(a) (part).)
Sec. 1063.104. HEALTH CARE OR HOSPITAL SYSTEM. (a) The
district shall provide for:
(1) the establishment of a health care or hospital
system by:
(A) purchasing, constructing, acquiring,
repairing, or renovating buildings and equipment; and
(B) equipping the buildings; and
(2) the administration of the system for health care
or hospital purposes.
(b) The health care or hospital system may include:
(1) domiciliary care and treatment of the sick,
injured, or geriatric;
(2) hospitals;
(3) outpatient clinics;
(4) dispensaries;
(5) convalescent home facilities;
(6) necessary nurses;
(7) domiciliaries and training centers;
(8) blood banks;
(9) community mental health centers;
(10) research centers or laboratories;
(11) ambulance services; and
(12) any other facilities the board considers
necessary for health or hospital care. (Acts 65th Leg., R.S., Ch.
258, Secs. 2 (part), 11(a) (part).)
Sec. 1063.105. RULES. The board may adopt rules governing
the operation of the hospital, the health care or hospital system,
and the district's staff and employees. (Acts 65th Leg., R.S., Ch.
258, Sec. 5(a) (part).)
Sec. 1063.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures. (Acts 65th
Leg., R.S., Ch. 258, Sec. 11(c) (part).)
Sec. 1063.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine the type, number, and
location of buildings required to maintain an adequate health care
or hospital system.
(b) The board may lease all or part of the district's
buildings and other facilities on terms considered to be in the best
interest of the district's inhabitants. Except as provided by
Subsection (c), the term of a lease may not exceed 25 years from the
date entered.
(c) District land may not be leased for a period exceeding
25 years unless the board:
(1) finds that the land is not necessary for health
care or hospital purposes;
(2) complies with any indenture securing the payment
of district bonds; and
(3) receives not less than the current market value
for the lease.
(d) The district may acquire equipment for use in the
district's health care or hospital system and mortgage or pledge
the property as security for the payment of the purchase price. A
contract entered into under this subsection must provide that the
entire obligation be retired not later than the fifth anniversary
of the date of the contract.
(e) The district may sell or otherwise dispose of any
property, including equipment, on terms the board finds are in the
best interest of the district's inhabitants. The board must comply
with Section 272.001, Local Government Code, when selling district
land other than land the district is authorized to sell or exchange
under Subsection (f).
(f) The district may sell or exchange a hospital, including
real property necessary or convenient for the operation of the
hospital and real property that the board finds may be useful in
connection with future expansions of the hospital, on terms the
board determines to be in the district's best interests. The
district must comply with the procedures prescribed by Sections
285.051 and 285.052, Health and Safety Code. (Acts 65th Leg., R.S.,
Ch. 258, Secs. 11(a) (part), (b), (c) (part), 15(c), (d).)
Sec. 1063.108. TAKEOVER OF NONPROFIT HOSPITAL PROPERTY.
The district may take over and may accept title to land, buildings,
improvements, and equipment of a nonprofit hospital in the district
if the governing authority of the hospital and district agree to the
transfer. (Acts 65th Leg., R.S., Ch. 258, Sec. 2 (part).)
Sec. 1063.109. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property located in district
territory if the interest is necessary or convenient for the
district to exercise a power, right, or privilege conferred by this
chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 65th Leg., R.S., Ch. 258,
Sec. 15(a).)
Sec. 1063.110. COST OF RELOCATING OR ALTERING PROPERTY. In
exercising the power of eminent domain, if the board requires the
relocation, raising, lowering, rerouting, or change in grade or
alteration in the construction of any railroad, electric
transmission, telegraph or telephone lines, conduits, poles, or
facilities or pipelines, the board must bear the actual cost of the
relocation, raising, lowering, rerouting, or change in grade or
alteration of construction to provide comparable replacement
without enhancement of facilities, after deducting the net salvage
value derived from the old facility. (Acts 65th Leg., R.S., Ch. 258,
Sec. 15(b).)
Sec. 1063.111. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 65th Leg., R.S., Ch. 258,
Sec. 19.)
Sec. 1063.112. CONSTRUCTION CONTRACTS. A construction
contract that involves the expenditure of more than $10,000 may be
made only after advertising in the manner provided by Chapter 252
and Subchapter C, Chapter 262, Local Government Code. (Acts 65th
Leg., R.S., Ch. 258, Sec. 11(c) (part).)
Sec. 1063.113. OPERATING AND MANAGEMENT CONTRACTS. The
board may enter into an operating or management contract relating
to a district facility. (Acts 65th Leg., R.S., Ch. 258, Sec. 11(a)
(part).)
Sec. 1063.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
CARE AND TREATMENT. (a) The board may contract with a county or
municipality located outside the district's boundaries for the care
and treatment of a sick or injured person of that county or
municipality.
(b) The board may contract with this state or a federal
agency for the treatment of a sick or injured person. (Acts 65th
Leg., R.S., Ch. 258, Sec. 5(a) (part).)
Sec. 1063.115. CONTRACTS FOR HEALTH CARE SERVICES. (a) As
permitted by the Texas Constitution and Chapter 61, Health and
Safety Code, the district may:
(1) enter into a contract relating to the provision of
health care services on terms the board determines to be in the
district's best interests; and
(2) make payments under the contract.
(b) The term of a contract under this section may not exceed
15 years. (Acts 65th Leg., R.S., Ch. 258, Sec. 5(b).)
Sec. 1063.116. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
INVESTIGATORY OR OTHER SERVICES. The board may contract with a
political subdivision or governmental agency for the district to
provide investigatory or other services for the medical, health
care, hospital, or welfare needs of district inhabitants. (Acts
65th Leg., R.S., Ch. 258, Sec. 5(a) (part).)
Sec. 1063.117. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a patient who resides in the district is admitted to a district
facility, the chief administrative officer may have an inquiry made
into the circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the chief administrative officer determines that the
patient or those relatives cannot pay all or part of the costs of
the care and treatment in the district facility, the amount of the
costs that cannot be paid becomes a charge against the district.
(c) If the chief administrative officer determines that the
patient or those relatives can pay for all or part of the costs of
the patient's care and treatment, the patient or those relatives
shall be ordered to pay the district a specified amount each week
for the patient's care and support. The amount ordered must be
proportionate to the person's financial ability.
(d) The chief administrative officer may collect the amount
from the estate of the patient, or from any relative who is legally
liable for the patient's support, in the manner provided by law for
the collection of expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay, or doubt
in the mind of the chief administrative officer, the board shall
hold a hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue any appropriate orders.
(f) A final order of the board may be appealed to the
district court. The substantial evidence rule applies to the
appeal. (Acts 65th Leg., R.S., Ch. 258, Sec. 18.)
Sec. 1063.118. NONPROFIT CORPORATION. (a) The district
may create and sponsor a nonprofit corporation under the Business
Organizations Code and may contribute or cause to be contributed
available funds to the corporation. A corporation under this
section must be a nonmember, nonstock corporation.
(b) The board of directors of the corporation shall be
composed of seven district residents appointed by the district's
board. The district's board may remove any director of the
corporation at any time with or without cause.
(c) The corporation may use money, other than money the
corporation pays to the district, only to provide or pay the costs
of providing or costs related to providing indigent health care or
other services the district is required or authorized to provide
under the constitution or state law.
(d) The district's board shall establish controls to ensure
that the corporation uses its money as required by Subsection (c).
(e) The corporation may invest the corporation's money in
any manner in which the district may invest the district's money,
including investing money as authorized by Chapter 2256, Government
Code. (Acts 65th Leg., R.S., Ch. 258, Sec. 19A.)
Sec. 1063.119. AUTHORITY TO SUE AND BE SUED. The district,
through the board, may sue and be sued. (Acts 65th Leg., R.S., Ch.
258, Sec. 5(a) (part).)
[Sections 1063.120-1063.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1063.151. BUDGET. (a) The chief administrative
officer shall prepare an annual budget for approval by the board.
(b) The proposed budget must contain a complete financial
statement of:
(1) the outstanding obligations of the district;
(2) the cash on hand in each district fund;
(3) the money received by the district from all
sources during the previous year;
(4) the money available to the district from all
sources during the ensuing year;
(5) the balances expected at the end of the year in
which the budget is being prepared;
(6) the estimated revenue and balances available to
cover the proposed budget; and
(7) the estimated tax rate required. (Acts 65th Leg.,
R.S., Ch. 258, Sec. 7 (part).)
Sec. 1063.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual budget.
(b) Notice of the hearing must be published one time at
least 10 days before the date of the hearing.
(c) Any district resident is entitled to be present and
participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the chief
administrative officer. The board may make any changes in the
proposed budget that the board judges to be in the interests of the
taxpayers and that the law warrants. (Acts 65th Leg., R.S., Ch. 258,
Sec. 7 (part).)
Sec. 1063.153. AMENDMENTS TO BUDGET. The budget may be
amended as required by circumstances. The board must approve all
amendments. (Acts 65th Leg., R.S., Ch. 258, Sec. 7 (part).)
Sec. 1063.154. RESTRICTION ON EXPENDITURES. Money may be
spent only for an expense included in the budget or an amendment to
the budget. (Acts 65th Leg., R.S., Ch. 258, Sec. 7 (part).)
Sec. 1063.155. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) during a period that district revenue bonds are
outstanding; or
(2) more than once in a 24-month period. (Acts 65th
Leg., R.S., Ch. 258, Sec. 7 (part).)
Sec. 1063.156. AUDIT. The board shall have an audit made of
the district's financial condition. (Acts 65th Leg., R.S., Ch. 258,
Sec. 7 (part).)
Sec. 1063.157. INSPECTION OF AUDIT AND DISTRICT RECORDS.
The audit and other district records shall be open to inspection at
the district's principal office. (Acts 65th Leg., R.S., Ch. 258,
Sec. 7 (part).)
Sec. 1063.158. FINANCIAL REPORT. As soon as practicable
after the close of each fiscal year, the chief administrative
officer shall prepare for the board:
(1) a complete sworn statement of all district money;
and
(2) a complete account of the disbursements of
district money. (Acts 65th Leg., R.S., Ch. 258, Sec. 7 (part).)
Sec. 1063.159. DEPOSITORY. (a) The board shall select one
or more banks in the district to serve as a depository for district
money.
(b) District money, other than money invested as provided by
Section 1063.160, and money transmitted to a bank for payment of
bonds or obligations issued or assumed by the district, shall be
deposited as received with the depository bank and shall remain on
deposit.
(c) This chapter, including Subsection (b), does not limit
the power of the board to place a part of district money on time
deposit or to purchase certificates of deposit.
(d) The district may not deposit money with a bank in an
amount that exceeds the maximum amount secured by the Federal
Deposit Insurance Corporation unless the bank first executes a bond
or other security in an amount sufficient to secure from loss the
amount of district money that exceeds the amount secured by the
Federal Deposit Insurance Corporation. (Acts 65th Leg., R.S., Ch.
258, Sec. 12.)
Sec. 1063.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as otherwise provided by Section 1063.107(d) and by
Subchapter E, the district may not incur an obligation payable from
district revenue other than the revenue on hand or to be on hand in
the current and following district fiscal years.
(b) The board may invest operating, depreciation, or
building reserves only in funds or securities specified by Chapter
2256, Government Code. (Acts 65th Leg., R.S., Ch. 258, Secs. 5(a)
(part), 11(c) (part).)
[Sections 1063.161-1063.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1063.201. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligation bonds in the name and on the faith
and credit of the district for any purpose relating to:
(1) the purchase, construction, acquisition, repair,
or renovation of buildings or improvements; and
(2) equipping buildings or improvements for health
care or hospital purposes. (Acts 65th Leg., R.S., Ch. 258, Sec.
8(a) (part).)
Sec. 1063.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1063.201, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed 75
cents on each $100 valuation of all taxable property in the district
subject to hospital district taxation. (Acts 65th Leg., R.S., Ch.
258, Sec. 8(a) (part).)
Sec. 1063.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters.
(b) The election order must provide for clerks as in county
elections and must specify:
(1) the date of the election;
(2) the location of the polling places;
(3) the presiding and alternate election judges for
each polling place;
(4) the amount of the bonds to be authorized; and
(5) the maximum maturity of the bonds.
(c) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code. (Acts 65th Leg., R.S., Ch. 258,
Sec. 8(a) (part).)
Sec. 1063.204. MATURITY OF GENERAL OBLIGATION BONDS.
District general obligation bonds must mature not later than 40
years after the date of issuance. (Acts 65th Leg., R.S., Ch. 258,
Sec. 8(c) (part).)
Sec. 1063.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
The board president shall execute the general obligation bonds in
the district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code. (Acts 65th Leg.,
R.S., Ch. 258, Sec. 8(c) (part).)
Sec. 1063.206. REVENUE BONDS. (a) The district may issue
revenue bonds or certificates of obligation or may incur or assume
any other debt only if authorized by a majority of the district
voters voting in an election held for that purpose. This subsection
does not apply to refunding bonds or other debt incurred solely to
refinance an outstanding debt.
(b) The board may issue revenue bonds to:
(1) purchase, construct, acquire, repair, renovate,
or equip buildings or improvements for health care or hospital
purposes; or
(2) acquire sites to be used for health care or
hospital purposes.
(c) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospital or health care facilities.
(d) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(e) The bonds must be issued in the manner and in accordance
with the procedures and requirements prescribed by Sections
264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
and Safety Code, for issuance of revenue bonds by a county hospital
authority. (Acts 65th Leg., R.S., Ch. 258, Secs. 9A, 10 (part).)
Sec. 1063.207. REFUNDING BONDS. (a) The board may, without
an election, issue refunding bonds to refund outstanding
indebtedness issued or assumed by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bond
applied to the payment of the outstanding indebtedness; or
(2) exchanged wholly or partly for not less than a
similar principal amount of outstanding indebtedness. (Acts 65th
Leg., R.S., Ch. 258, Secs. 8(a) (part), (b) (part), 10 (part).)
Sec. 1063.208. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) the transfer and issuance of the bonds; and
(3) profits made in the sale of the bonds. (Acts 65th
Leg., R.S., Ch. 258, Sec. 22 (part).)
Sec. 1063.209. TAX ANTICIPATION NOTES. (a) The board may:
(1) declare an emergency because money is not
available to:
(A) pay the principal of and interest on any
district bonds payable wholly or partly from taxes; or
(B) meet any other needs of the district; and
(2) issue negotiable tax anticipation notes to borrow
the money the district needs.
(b) Tax anticipation notes may be issued for any purpose for
which the district may impose taxes.
(c) Tax anticipation notes may bear interest at any rate or
rates authorized by law.
(d) Tax anticipation notes must mature not later than one
year after the date of issuance.
(e) Tax anticipation notes must be secured by the proceeds
of taxes to be imposed by the district in the succeeding 12-month
period.
(f) The board may covenant with the note purchasers that the
board will impose a sufficient tax in the following fiscal year to
pay the principal of and interest on the notes and pay the costs of
collecting the taxes. (Acts 65th Leg., R.S., Ch. 258, Sec. 11(d).)
Sec. 1063.210. CERTIFICATES OF OBLIGATION. (a) The
district may issue and sell certificates of obligation for a
purpose permitted under this chapter.
(b) The certificates of obligation must be issued and sold
in conformity with and in the manner specified for a municipality or
county by Subchapter C, Chapter 271, Local Government Code. (Acts
65th Leg., R.S., Ch. 258, Sec. 8(d).)
[Sections 1063.211-1063.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1063.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose an ad valorem tax on all taxable property in the
district subject to district taxation.
(b) The board shall impose the tax to pay:
(1) indebtedness issued or assumed by the district;
and
(2) the maintenance and operating expenses of the
district.
(c) The board may not impose a tax to pay the principal of or
interest on revenue bonds issued under this chapter. (Acts 65th
Leg., R.S., Ch. 258, Secs. 13(a) (part), 16(a) (part).)
Sec. 1063.252. TAX RATE. (a) The board may impose the tax
at a rate not to exceed 75 cents on each $100 valuation of taxable
property in the district subject to district taxation.
(b) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 65th
Leg., R.S., Ch. 258, Secs. 3(b) (part), 13(a) (part), (b) (part).)
Sec. 1063.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
ASSESSOR-COLLECTOR. (a) This section applies unless the board
elects to have district taxes assessed and collected under Section
1063.254.
(b) The tax assessor-collector of Montgomery County shall
assess and collect taxes imposed by the district. (Acts 65th Leg.,
R.S., Ch. 258, Secs. 16(a) (part), (b) (part).)
Sec. 1063.254. ASSESSMENT AND COLLECTION BY APPOINTMENT OR
CONTRACT. (a) The board may elect to:
(1) appoint a tax assessor-collector to assess and
collect district taxes; or
(2) contract for the assessment and collection of
taxes as provided by the Tax Code.
(b) An election under this section must be made by December
1 and governs the manner in which taxes are assessed and collected,
until changed by a similar resolution.
(c) The board shall set for the appointed tax
assessor-collector:
(1) the term of employment; and
(2) compensation. (Acts 65th Leg., R.S., Ch. 258,
Secs. 16(a) (part), (c) (part).)
Sec. 1063.255. PETITION AND ORDER FOR ELECTION TO REDUCE
TAX RATE. (a) Notwithstanding Section 26.07(b)(3), Tax Code, a
petition to require an election under Section 26.07, Tax Code, on
reducing the district's tax rate to the rollback tax rate shall be
submitted to the Montgomery County elections administrator instead
of to the board.
(b) Notwithstanding Section 26.07(c), Tax Code, not later
than the 20th day after the date a petition is submitted under
Subsection (a), the elections administrator shall:
(1) determine whether the petition is valid under
Section 26.07, Tax Code; and
(2) certify the determination of the petition's
validity to the board.
(c) If the elections administrator fails to act within the
time allowed, the petition is treated as if it had been found valid.
(d) Notwithstanding Section 26.07(d), Tax Code, if the
elections administrator certifies to the board that the petition is
valid or fails to act within the time allowed, the board shall order
that an election under Section 26.07, Tax Code, to determine
whether to reduce the district's tax rate to the rollback rate be
held in the district in the manner prescribed by Section 26.07(d) of
that code.
(e) The district shall reimburse the elections
administrator for reasonable costs incurred in performing the
duties required by this section. (Acts 65th Leg., R.S., Ch. 258,
Sec. 13A.)
[Sections 1063.256-1063.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION
Sec. 1063.301. DISSOLUTION ELECTION; PETITION. (a) The
board may order an election on the question of dissolving the
district and disposing of the district's assets and obligations.
(b) The board shall order an election on the question of
dissolving the district and disposing of the district's assets and
obligations if the board receives a petition by district residents
requesting an election that:
(1) is certified as valid by the Montgomery County
elections administrator under Section 1063.302; or
(2) the Montgomery County elections administrator
fails to act on within the time allowed by Section 1063.302.
(c) A petition requesting an election must:
(1) state that it is intended to request an election in
the district on the question of dissolving the district and
disposing of the district's assets and obligations;
(2) be signed by a number of district residents equal
to at least 15 percent of the total vote received by all candidates
for governor in the most recent gubernatorial general election in
the district that occurs more than 30 days before the date the
petition is submitted; and
(3) be submitted to the Montgomery County elections
administrator. (Acts 65th Leg., R.S., Ch. 258, Secs. 23A(a),
23B(a), (a-3).)
Sec. 1063.302. VALIDITY OF PETITION FOR ELECTION. (a) Not
later than the 30th day after the date a petition requesting the
dissolution of the district is submitted under Section 1063.301,
the Montgomery County elections administrator shall:
(1) determine whether the petition is valid; and
(2) certify the determination of the petition's
validity to the board.
(b) If the elections administrator fails to act within the
time allowed, the petition is treated as if it had been found valid.
(c) If a petition submitted under Section 1063.301 does not
contain the necessary number of valid signatures, the district
residents may not submit another petition under Section 1063.301
before the third anniversary of the date the invalid petition was
submitted.
(d) The district shall reimburse the county elections
administrator for reasonable costs incurred in performing the
duties required by this section. (Acts 65th Leg., R.S., Ch. 258,
Secs. 23B(a-1), (a-2), (a-4), (a-5).)
Sec. 1063.303. ELECTION DATE. An election under this
subchapter shall be held on the earlier of the following dates that
occurs at least 90 days after the date on which the election is
ordered:
(1) the uniform election date in May; or
(2) the date of the general election for state and
county officers. (Acts 65th Leg., R.S., Ch. 258, Secs. 23A(b),
23B(b).)
Sec. 1063.304. BALLOT. The ballot for an election under
this subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Montgomery County Hospital
District." (Acts 65th Leg., R.S., Ch. 258, Secs. 23A(c) (part),
23B(c) (part).)
Sec. 1063.305. ELECTION RESULTS. (a) If a majority of the
votes in an election under this subchapter favor dissolution, the
board shall find that the district is dissolved.
(b) If a majority of the votes in the election do not favor
dissolution, the board shall continue to administer the district
and another election on the question of dissolution may not be held
before:
(1) the fourth anniversary of the date of the most
recent election to dissolve the district if the board called the
election under Section 1063.301(a); or
(2) the third anniversary of the date of the most
recent election to dissolve the district if the board called the
election under Section 1063.301(b). (Acts 65th Leg., R.S., Ch. 258,
Secs. 23A(d), 23B(d).)
Sec. 1063.306. TRANSFER, SALE, OR ADMINISTRATION OF ASSETS
IF ELECTION INITIATED BY BOARD. (a) This section, Section
1063.307, and Section 1063.308 apply to an election called under
Section 1063.301(a).
(b) If a majority of the votes in the election favor
dissolution, the board shall:
(1) transfer the ambulance service and related
equipment, any vehicles, and any mobile clinics and related
equipment that belong to the district to Montgomery County not
later than the 45th day after the date on which the election is
held; and
(2) transfer the land, buildings, improvements,
equipment not described by Subdivision (1), and other assets that
belong to the district to Montgomery County or administer the
property, assets, and debts in accordance with Subsection (e) and
Sections 1063.307 and 1063.308.
(c) The county assumes all debts and obligations of the
district relating to the ambulance service and related equipment,
any vehicles, and any mobile clinics and related equipment at the
time of the transfer.
(d) If the district makes the transfer under Subsection
(b)(2), the county assumes all debts and obligations of the
district relating to those assets at the time of the transfer, and
the district is dissolved.
(e) If the board finds that the district is dissolved but
does not transfer the land, buildings, improvements, equipment, and
other assets to Montgomery County under Subsection (b)(2), the
board shall continue to control and administer that property and
those assets and the related district debts until all money has been
disposed of and all district debts have been paid or settled.
(f) The county shall use all transferred assets to:
(1) pay the outstanding debts and obligations of the
district relating to the assets at the time of the transfer; or
(2) provide medical and hospital care for needy county
residents. (Acts 65th Leg., R.S., Ch. 258, Secs. 23A(e), (f), (g).)
Sec. 1063.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
TAXES. (a) After the board finds that the district is dissolved,
the board shall:
(1) determine the debt owed by the district; and
(2) impose on the property included on the district's
tax rolls a tax that is in proportion of the debt to the property
value.
(b) On the payment of all outstanding debts and obligations
of the district, the board shall order the secretary to return:
(1) to each district taxpayer the taxpayer's pro rata
share of all unused tax money; and
(2) to Montgomery County all unused district money
from any other source.
(c) A taxpayer may request that the taxpayer's share of
surplus tax money be credited to the taxpayer's county taxes. If a
taxpayer requests the credit, the board shall direct the secretary
to send the money to the county tax assessor-collector.
(d) Montgomery County shall use unused district money
received under this section to provide medical and hospital care
for needy county residents.
(e) The board may institute a suit to enforce payment of
taxes under this section and to foreclose liens to secure the
payment of the taxes. (Acts 65th Leg., R.S., Ch. 258, Secs. 23A(h),
(i), (j).)
Sec. 1063.308. REPORT; DISSOLUTION ORDER. (a) After the
district has paid all district debts and has disposed of all
district money and other assets as prescribed by this subchapter,
the board shall file a written report with the Commissioners Court
of Montgomery County summarizing the board's actions in dissolving
the district.
(b) Not later than the 10th day after the date the
Commissioners Court of Montgomery County receives the report and
determines that the requirements of this subchapter have been
fulfilled, the commissioners court shall enter an order dissolving
the district. (Acts 65th Leg., R.S., Ch. 258, Sec. 23A(k).)
Sec. 1063.309. TRANSFER, SALE, OR ADMINISTRATION OF ASSETS
IF ELECTION INITIATED BY DISTRICT PETITION. (a) This section
applies to an election called under Section 1063.301(b).
(b) If a majority of the votes in the election favor
dissolution, the board shall transfer the land, buildings,
improvements, equipment, and other assets that belong to the
district to Montgomery County not later than the 45th day after the
date on which the election is held.
(c) The county assumes all debts and obligations of the
district at the time of the transfer, and the district is dissolved.
(d) The county should use all transferred assets in a manner
that benefits county residents residing in territory formerly
constituting the district.
(e) The county shall use all transferred assets to:
(1) pay the outstanding debts and obligations of the
district relating to the assets at the time of the transfer; or
(2) provide medical and hospital care for needy county
residents. (Acts 65th Leg., R.S., Ch. 258, Sec. 23B(e).)
CHAPTER 1064. MOORE COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1064.001. DEFINITIONS
Sec. 1064.002. AUTHORITY FOR OPERATION
Sec. 1064.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1064.004. DISTRICT TERRITORY
Sec. 1064.005. CORRECTION OF INVALID PROCEDURES
Sec. 1064.006. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1064.007. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1064.008-1064.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1064.051. DEFINITION
Sec. 1064.052. BOARD; TERM
Sec. 1064.053. QUALIFICATIONS FOR OFFICE
Sec. 1064.054. BOARD VACANCY
Sec. 1064.055. OFFICERS
Sec. 1064.056. COMPENSATION; EXPENSES
Sec. 1064.057. VOTING REQUIREMENT
Sec. 1064.058. ADMINISTRATOR; ASSISTANT ADMINISTRATOR
Sec. 1064.059. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1064.060. APPOINTMENT OF STAFF; EMPLOYEES
Sec. 1064.061. SENIORITY; RETIREMENT BENEFITS
[Sections 1064.062-1064.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1064.101. DISTRICT RESPONSIBILITY
Sec. 1064.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1064.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1064.104. HOSPITAL SYSTEM; ANCILLARY HEALTH CARE
SERVICES SYSTEM
Sec. 1064.105. RULES
Sec. 1064.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1064.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1064.108. EMINENT DOMAIN
Sec. 1064.109. GIFTS AND ENDOWMENTS
Sec. 1064.110. CONSTRUCTION AND PURCHASE CONTRACTS
Sec. 1064.111. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1064.112. CONTRACTS FOR CERTAIN SERVICES
Sec. 1064.113. CONTRACTS FOR HEALTH CARE
Sec. 1064.114. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1064.115. REIMBURSEMENT FOR SERVICES
Sec. 1064.116. SALE OR LEASE OF HOSPITAL
Sec. 1064.117. AUTHORITY TO SUE AND BE SUED
[Sections 1064.118-1064.150 reserved for expansion]
SUBCHAPTER D. CHANGE IN BOUNDARIES
Sec. 1064.151. TERRITORY THAT MAY BE ANNEXED
Sec. 1064.152. PETITION TO ANNEX TERRITORY
Sec. 1064.153. ELECTION ORDER
Sec. 1064.154. BALLOT
Sec. 1064.155. NOTICE OF ELECTION
Sec. 1064.156. ELECTION RESULTS
Sec. 1064.157. EFFECT OF ANNEXATION
[Sections 1064.158-1064.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 1064.201. BUDGET
Sec. 1064.202. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1064.203. AMENDMENTS TO BUDGET
Sec. 1064.204. RESTRICTION ON EXPENDITURES
Sec. 1064.205. FISCAL YEAR
Sec. 1064.206. AUDIT
Sec. 1064.207. INSPECTION OF AUDIT AND DISTRICT
RECORDS
Sec. 1064.208. FINANCIAL REPORT
Sec. 1064.209. DEPOSITORY
Sec. 1064.210. SPENDING AND INVESTMENT RESTRICTIONS
[Sections 1064.211-1064.250 reserved for expansion]
SUBCHAPTER F. BONDS
Sec. 1064.251. GENERAL OBLIGATION BONDS, CERTIFICATES
OF OBLIGATION, AND OTHER FINANCING
Sec. 1064.252. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1064.253. GENERAL OBLIGATION BOND ELECTION
Sec. 1064.254. REVENUE BONDS
Sec. 1064.255. REFUNDING BONDS
Sec. 1064.256. MATURITY OF BONDS
Sec. 1064.257. EXECUTION OF BONDS
Sec. 1064.258. BONDS EXEMPT FROM TAXATION
[Sections 1064.259-1064.300 reserved for expansion]
SUBCHAPTER G. TAXES
Sec. 1064.301. IMPOSITION OF AD VALOREM TAX
Sec. 1064.302. TAX RATE
Sec. 1064.303. ASSESSMENT AND COLLECTION OF TAXES IN
SAME MANNER AS COUNTY
Sec. 1064.304. ASSESSMENT AND COLLECTION BY DISTRICT
TAX ASSESSOR-COLLECTOR
CHAPTER 1064. MOORE COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1064.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Moore County Hospital
District. (New.)
Sec. 1064.002. AUTHORITY FOR OPERATION. The Moore County
Hospital District operates in accordance with Section 9, Article
IX, Texas Constitution, and has the rights, powers, and duties
provided by this chapter. (Acts 61st Leg., R.S., Ch. 287, Sec. 1
(part).)
Sec. 1064.003. ESSENTIAL PUBLIC FUNCTION. The district
performs an essential public function in carrying out the purposes
of this chapter. (Acts 61st Leg., R.S., Ch. 287, Sec. 21 (part).)
Sec. 1064.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Moore County,
Texas, unless the boundaries are expanded under Subchapter D.
(Acts 61st Leg., R.S., Ch. 287, Secs. 1 (part), 1A (part).)
Sec. 1064.005. CORRECTION OF INVALID PROCEDURES. If a
court holds that any procedure under this chapter violates the
constitution of this state or of the United States, the district by
resolution may provide an alternative procedure that conforms with
the constitution. (Acts 61st Leg., R.S., Ch. 287, Sec. 22 (part).)
Sec. 1064.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state. (Acts 61st
Leg., R.S., Ch. 287, Sec. 20 (part).)
Sec. 1064.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 61st Leg., R.S., Ch. 287, Sec. 20 (part).)
[Sections 1064.008-1064.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1064.051. DEFINITION. In this subchapter, "medical
staff" means physicians who:
(1) are licensed to practice medicine in this state;
and
(2) hold medical staff privileges granted by the
district. (Acts 61st Leg., R.S., Ch. 287, Sec. 4(a).)
Sec. 1064.052. BOARD; TERM. (a) The board consists of
seven directors, appointed as follows:
(1) six directors appointed by the Commissioners Court
of Moore County; and
(2) one director appointed by the medical staff of the
district's hospital in accordance with procedures prescribed by the
directors appointed under Subdivision (1).
(b) The director appointed under Subsection (a)(2) must be a
member of the medical staff of the district's hospital. If the
director is no longer a member of the medical staff, the person
vacates the position.
(c) Directors appointed under Subsection (a)(1) serve
staggered three-year terms. The director appointed under
Subsection (a)(2) serves a two-year term. (Acts 61st Leg., R.S.,
Ch. 287, Secs. 4(b), (c), (d); Acts 76th Leg., R.S., Ch. 1091, Sec.
11(c).)
Sec. 1064.053. QUALIFICATIONS FOR OFFICE. (a) A person may
not be appointed as a director unless the person is:
(1) a district resident; and
(2) a qualified voter.
(b) Except as provided by Section 1064.052(a)(2), a person
is not eligible to serve as a director if the person is:
(1) a district administrator;
(2) a district employee; or
(3) a member of the medical staff. (Acts 61st Leg.,
R.S., Ch. 287, Sec. 4(f).)
Sec. 1064.054. BOARD VACANCY. If a vacancy occurs in the
office of a director, the entity that appointed the vacating
director shall appoint a director for the unexpired term. (Acts
61st Leg., R.S., Ch. 287, Sec. 4(e).)
Sec. 1064.055. OFFICERS. (a) The board shall elect:
(1) a president and a vice president from among its
members; and
(2) a secretary, who need not be a director.
(b) Each officer of the board serves for a term of one year.
(c) The board shall fill a vacancy in a board office for the
unexpired term. (Acts 61st Leg., R.S., Ch. 287, Sec. 4(g) (part).)
Sec. 1064.056. COMPENSATION; EXPENSES. A director or
officer serves without compensation but may be reimbursed for
actual expenses incurred in the performance of official duties.
The expenses must be:
(1) reported in the district's records; and
(2) approved by the board. (Acts 61st Leg., R.S., Ch.
287, Sec. 4(g) (part).)
Sec. 1064.057. VOTING REQUIREMENT. A concurrence of four
directors is sufficient in any matter relating to district
business. (Acts 61st Leg., R.S., Ch. 287, Sec. 4(g) (part).)
Sec. 1064.058. ADMINISTRATOR; ASSISTANT ADMINISTRATOR.
(a) The board shall appoint a qualified person as district
administrator.
(b) The board may appoint an assistant administrator.
(c) The administrator and any assistant administrator serve
at the will of the board and are entitled to the compensation
determined by the board.
(d) On assuming the duties of district administrator, the
administrator shall execute a bond payable to the district in an
amount set by the board of not less than $500,000 that:
(1) is conditioned on the administrator performing the
administrator's duties; and
(2) contains any other conditions the board requires.
(Acts 61st Leg., R.S., Ch. 287, Sec. 5 (part).)
Sec. 1064.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to any limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 61st
Leg., R.S., Ch. 287, Sec. 5 (part).)
Sec. 1064.060. APPOINTMENT OF STAFF; EMPLOYEES. (a) The
board may appoint doctors to the staff as the board considers
necessary for the efficient operation of the district and may make
temporary appointments to the staff if warranted.
(b) The board may employ physicians or other health care
providers as the board considers necessary for the efficient
operation of the district.
(c) The district may employ fiscal agents, accountants,
architects, and attorneys as the board considers proper.
(d) The board may delegate to the district administrator the
authority to employ technicians, nurses, and other district
employees, except physicians.
(e) This section does not authorize the board to supervise
or control the practice of medicine, as prohibited by Subtitle B,
Title 3, Occupations Code. (Acts 61st Leg., R.S., Ch. 287, Secs. 5
(part), 16.)
Sec. 1064.061. SENIORITY; RETIREMENT BENEFITS. The board
may:
(1) adopt rules related to the seniority of district
employees, including rules for a retirement plan based on
seniority; and
(2) give effect to previous years of service for a
district employee continuously employed in the operation or
management of hospital facilities:
(A) constructed by the district; or
(B) acquired by the district, including
facilities acquired when the district was created. (Acts 61st
Leg., R.S., Ch. 287, Sec. 5 (part).)
[Sections 1064.062-1064.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1064.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for providing hospital care for the district's
indigent residents. (Acts 61st Leg., R.S., Ch. 287, Sec. 19
(part).)
Sec. 1064.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision located within the
district may not impose a tax or issue bonds or other obligations
for hospital purposes or to provide medical care. (Acts 61st Leg.,
R.S., Ch. 287, Sec. 19 (part).)
Sec. 1064.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital system
and the district's money and resources. (Acts 61st Leg., R.S., Ch.
287, Sec. 5 (part).)
Sec. 1064.104. HOSPITAL SYSTEM; ANCILLARY HEALTH CARE
SERVICES SYSTEM. (a) The district shall provide for the
establishment of a hospital system by:
(1) purchasing, constructing, acquiring, repairing,
or renovating buildings and equipment;
(2) equipping the buildings; and
(3) administering the buildings and equipment for
hospital purposes.
(b) The hospital system may include:
(1) facilities for domiciliary care and treatment of
the sick or injured;
(2) facilities for outpatient clinics;
(3) dispensaries;
(4) facilities for geriatric domiciliary care;
(5) convalescent home facilities;
(6) necessary nurses' domiciliaries and training
centers;
(7) blood banks;
(8) community mental health centers;
(9) research centers or laboratories; and
(10) any other facilities the board considers
necessary for hospital care. (Acts 61st Leg., R.S., Ch. 287, Secs.
2 (part), 9 (part).)
Sec. 1064.105. RULES. The board may adopt rules governing
the operation of the hospital, the hospital system, and the
district's staff and employees. (Acts 61st Leg., R.S., Ch. 287,
Sec. 5 (part).)
Sec. 1064.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures. (Acts 61st
Leg., R.S., Ch. 287, Sec. 10 (part).)
Sec. 1064.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine the type, number, and
location of buildings required to maintain an adequate hospital
system.
(b) The board may lease all or part of the district's
buildings and other facilities on terms considered to be in the best
interest of the district's inhabitants. The term of the lease may
not exceed 25 years.
(c) The district may acquire equipment for use in the
district's hospital system and mortgage or pledge the property as
security for the payment of the purchase price.
(d) The district may sell or otherwise dispose of any
property, including equipment, on terms the board finds are in the
best interest of the district's inhabitants. (Acts 61st Leg.,
R.S., Ch. 287, Secs. 9 (part), 10 (part).)
Sec. 1064.108. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property located in district
territory if the interest is necessary for the district to exercise
a power, right, or privilege conferred by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 61st Leg., R.S., Ch. 287,
Sec. 14.)
Sec. 1064.109. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 61st Leg., R.S., Ch. 287,
Sec. 18 (part).)
Sec. 1064.110. CONSTRUCTION AND PURCHASE CONTRACTS. (a) A
construction or purchase contract that involves the expenditure of
more than $15,000 may be made only after advertising in the manner
provided by Subchapter B, Chapter 271, Local Government Code.
(b) Section 271.059, Local Government Code, relating to
performance and payment bonds, applies to construction contracts
let by the district. (Acts 61st Leg., R.S., Ch. 287, Sec. 10
(part).)
Sec. 1064.111. OPERATING AND MANAGEMENT CONTRACTS. The
board may enter into an operating or management contract relating
to a district facility. (Acts 61st Leg., R.S., Ch. 287, Sec. 9
(part).)
Sec. 1064.112. CONTRACTS FOR CERTAIN SERVICES. The board
may contract with any state, the United States, an agency or
political subdivision of those entities, or a charitable or other
private entity inside or outside the district for the district to:
(1) furnish a mobile emergency medical service; or
(2) provide for the investigatory or welfare needs of
district inhabitants or of persons for whom the public or private
entity has an obligation to provide care. (Acts 61st Leg., R.S.,
Ch. 287, Sec. 5A(c).)
Sec. 1064.113. CONTRACTS FOR HEALTH CARE. The board may
contract with any public or private entity, including a charitable
organization or a political subdivision, to provide health care or
related services inside or outside the district. (Acts 61st Leg.,
R.S., Ch. 287, Sec. 5 (part).)
Sec. 1064.114. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a patient who resides in the district is admitted to a district
facility, the district administrator may have an inquiry made into
the circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives cannot pay all or part of the costs of
the patient's care and treatment in the hospital, the amount of the
costs that cannot be paid becomes a charge against the district.
(c) If the district administrator determines that the
patient or those relatives can pay for all or part of the costs of
the patient's care and treatment, the patient or those relatives
shall be ordered to pay the district a specified amount each week
for the patient's care and support. The amount ordered must be
proportionate to the person's financial ability.
(d) The district administrator may collect the amount from
the patient's estate, or from any relative who is legally liable for
the patient's support, in the manner provided by law for the
collection of expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay, or doubt
in the mind of the district administrator, the board shall hold a
hearing and, after calling witnesses, shall:
(1) determine the patient's ability to pay; and
(2) issue any appropriate orders.
(f) The final order may be appealed to the district court.
The substantial evidence rule applies to the appeal. (Acts 61st
Leg., R.S., Ch. 287, Sec. 17(a).)
Sec. 1064.115. REIMBURSEMENT FOR SERVICES. (a) The board
shall require a county, municipality, or public hospital located
outside the district to reimburse the district for the district's
care and treatment of a sick or injured person of that county,
municipality, or public hospital as provided by Chapter 61, Health
and Safety Code.
(b) The board shall require the sheriff of Moore County to
reimburse the district for the district's care and treatment of a
person confined in a Moore County jail facility who is not indigent
and does not reside in the district.
(c) The board shall require the police department of a
municipality located in Moore County to reimburse the district for
the district's care and treatment of a person confined in a jail
facility of that municipality who is not indigent and does not
reside in the district.
(d) The board may contract with this or any other state, the
United States, or an agency or political subdivision of those
entities to reimburse the district for the care and treatment of a
sick or injured person. (Acts 61st Leg., R.S., Ch. 287, Secs.
5A(a), (b).)
Sec. 1064.116. SALE OR LEASE OF HOSPITAL. (a) In this
section, "long-term lease" means a lease for a term that exceeds 10
years.
(b) The board may not sell a hospital owned and operated by
the district, including real property, or lease the hospital under
a long-term lease that relinquishes control of the hospital to the
lessee unless:
(1) the agreement for the sale or lease of the hospital
provides for indigent care in the district;
(2) in the event of a sale of the hospital, the board
has published notice of the proposed sale twice in a newspaper with
general circulation in Moore County, with the first publication
occurring not later than the 61st day before the date of the
proposed sale, and the second publication occurring not earlier
than the 30th day or later than the eighth day before the date of the
proposed sale; and
(3) the majority of the votes cast by district voters
at an election held for that purpose approve the sale or lease, as
appropriate.
(c) Notice required by Subsection (b)(2) must include the:
(1) date of the proposed sale;
(2) name and address of the proposed buyer; and
(3) proposed purchase price. (Acts 61st Leg., R.S.,
Ch. 287, Sec. 25.)
Sec. 1064.117. AUTHORITY TO SUE AND BE SUED. (a) The
district, through the board, may sue and be sued.
(b) The district is entitled to all causes of action and
defenses to which similar authorities are entitled. (Acts 61st
Leg., R.S., Ch. 287, Sec. 5 (part).)
[Sections 1064.118-1064.150 reserved for expansion]
SUBCHAPTER D. CHANGE IN BOUNDARIES
Sec. 1064.151. TERRITORY THAT MAY BE ANNEXED. (a) The
district may annex territory that is not located in:
(1) Moore County;
(2) the boundaries of another hospital district; or
(3) the proposed boundaries of another hospital
district authorized by the legislature under Section 9, Article IX,
Texas Constitution.
(b) Territory may be annexed in one or more tracts. Each
tract must be contiguous to:
(1) the district; or
(2) territory proposed to be annexed to the district.
(Acts 61st Leg., R.S., Ch. 287, Sec. 1A (part).)
Sec. 1064.152. PETITION TO ANNEX TERRITORY. (a) A petition
requesting that territory be annexed to the district may be
presented to the board. The petition must:
(1) describe the tract or tracts of land to be annexed;
and
(2) be signed by 100 or a majority of the registered
voters who:
(A) reside in the territory to be annexed; and
(B) own property that will be subject to district
taxation.
(b) This chapter does not prohibit simultaneous action on
several petitions for annexation. Each ballot proposition must be
submitted for each different territory proposed to be annexed, and
an election held in each territory represented by a petition.
(c) If the board receives two or more petitions for
annexation that include all or part of the same territory to be
annexed to the district, the petition filed first with the board
shall be considered and another petition that includes any of the
same territory has no effect.
(d) The board may consider all petitions for annexation
presented to it and may approve or reject each petition. The board
may not partly approve or partly reject any petition. (Acts 61st
Leg., R.S., Ch. 287, Sec. 1A (part).)
Sec. 1064.153. ELECTION ORDER. (a) If, on receipt of a
petition under Section 1064.152, the board finds that annexing the
territory is in the district's best interest, the board shall
within 90 days of the board's finding:
(1) approve the petition; and
(2) order an election on the question of annexing the
territory to the district.
(b) The election order shall provide for a separate
election:
(1) in the territory proposed to be annexed; and
(2) in the district.
(c) The election order shall provide for clerks as in county
elections and must specify:
(1) the date of the election;
(2) the location of the polling places;
(3) the form of ballot; and
(4) the presiding judge and alternate judge for each
polling place.
(d) The election order may provide that:
(1) the entire district is one election precinct; or
(2) the county election precincts be combined for the
election. (Acts 61st Leg., R.S., Ch. 287, Secs. 1A (part), 3(a)
(part).)
Sec. 1064.154. BALLOT. The ballot for the election shall be
printed to permit voting for or against the proposition: "The
establishment of the Moore County Hospital District with extended
boundaries and establishment of a hospital district tax at a rate
not to exceed 75 cents on the $100 valuation on all taxable property
in the extended boundaries of the hospital district that is subject
to hospital district taxation for hospital purposes." (Acts 61st
Leg., R.S., Ch. 287, Sec. 1A (part).)
Sec. 1064.155. NOTICE OF ELECTION. (a) Notice of the
election shall be given by publishing once a week for two
consecutive weeks a substantial copy of the election order in a
newspaper or newspapers that individually or collectively have
general circulation in the county or district.
(b) The first publication must appear at least 30 days
before the date of the election. (Acts 61st Leg., R.S., Ch. 287,
Secs. 1A (part), 3(a) (part).)
Sec. 1064.156. ELECTION RESULTS. (a) Territory may not be
annexed to the district unless:
(1) an election is held in accordance with this
subchapter; and
(2) the annexation is approved by a majority of the
voters voting in the election in:
(A) the district; and
(B) the territory proposed to be annexed.
(b) If the territory is annexed to the district, a certified
copy of the order canvassing the returns of the election shall be
filed and recorded in the deed records.
(c) An election may not be held under this subchapter within
12 months of an election previously held under this subchapter.
(Acts 61st Leg., R.S., Ch. 287, Secs. 1A (part), 3(a) (part).)
Sec. 1064.157. EFFECT OF ANNEXATION. (a) Territory
annexed to the district is part of the district for all purposes.
(b) The annexation of territory to the district does not
change the manner in which the board or district officers are
selected. (Acts 61st Leg., R.S., Ch. 287, Sec. 1A (part).)
[Sections 1064.158-1064.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 1064.201. BUDGET. (a) The district administrator
shall prepare an annual budget for approval by the board.
(b) The proposed budget must contain a complete financial
statement of:
(1) the outstanding obligations of the district;
(2) the cash on hand in each district fund;
(3) the money received by the district from all
sources during the previous year;
(4) the money available to the district from all
sources during the ensuing year;
(5) the balances expected at the end of the year in
which the budget is being prepared;
(6) the estimated revenue and balances available to
cover the proposed budget;
(7) the estimated tax rate required; and
(8) the proposed expenditures and disbursements and
the estimated receipts and collections for the following fiscal
year. (Acts 61st Leg., R.S., Ch. 287, Sec. 6 (part).)
Sec. 1064.202. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual budget.
(b) At least 10 days before the date of the hearing, notice
of the hearing shall be published one time in a newspaper or
newspapers that individually or collectively have general
circulation in the district.
(c) Any district resident is entitled to be present and
participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the district
administrator. The board may make any changes in the proposed
budget that, in the board's sole judgment and discretion:
(1) applicable federal and state law warrants and
allows; and
(2) the interest of district residents requires in
furtherance of hospital purposes. (Acts 61st Leg., R.S., Ch. 287,
Sec. 6 (part).)
Sec. 1064.203. AMENDMENTS TO BUDGET. The budget may be
amended as required by circumstances. The board must approve all
amendments. (Acts 61st Leg., R.S., Ch. 287, Sec. 6 (part).)
Sec. 1064.204. RESTRICTION ON EXPENDITURES. Money may be
spent only for an expense included in the budget or an amendment to
the budget. (Acts 61st Leg., R.S., Ch. 287, Sec. 6 (part).)
Sec. 1064.205. FISCAL YEAR. The district operates
according to a fiscal year that begins on July 1 and ends on June 30.
(Acts 61st Leg., R.S., Ch. 287, Sec. 6 (part).)
Sec. 1064.206. AUDIT. (a) The district shall have an
independent audit made of the district's financial condition for
the fiscal year.
(b) As soon as the audit is completed, the audit shall be
filed at the district's office. (Acts 61st Leg., R.S., Ch. 287,
Sec. 6 (part).)
Sec. 1064.207. INSPECTION OF AUDIT AND DISTRICT RECORDS.
The audit and other district records shall be open to inspection at
the district's principal office. (Acts 61st Leg., R.S., Ch. 287,
Sec. 6 (part).)
Sec. 1064.208. FINANCIAL REPORT. As soon as practicable
after the close of each fiscal year, the district administrator
shall prepare for the board:
(1) a complete sworn statement of all district money;
and
(2) a complete account of the disbursements of that
money. (Acts 61st Leg., R.S., Ch. 287, Sec. 6 (part).)
Sec. 1064.209. DEPOSITORY. (a) The board shall select one
or more depositories for district money.
(b) District money, other than money invested as provided by
Section 1064.210(b), and money transmitted to a bank for payment of
bonds or obligations issued or assumed by the district, shall be
deposited as received with the depository and shall remain on
deposit.
(c) This chapter, including Subsection (b), does not limit
the power of the board to:
(1) place a part of district money on time deposit or
other forms of deposit; or
(2) purchase certificates of deposit. (Acts 61st
Leg., R.S., Ch. 287, Sec. 11.)
Sec. 1064.210. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as otherwise provided by Section 1064.107(c) and by
Subchapter F, the district may not incur an obligation payable from
district revenue other than the revenue on hand or to be on hand in
the current and following district fiscal years.
(b) The board may invest operating, depreciation, or
building fund reserves only in any funds or securities authorized
by law, including Chapter 2256, Government Code. (Acts 61st Leg.,
R.S., Ch. 287, Secs. 5 (part), 10 (part).)
[Sections 1064.211-1064.250 reserved for expansion]
SUBCHAPTER F. BONDS
Sec. 1064.251. GENERAL OBLIGATION BONDS, CERTIFICATES OF
OBLIGATION, AND OTHER FINANCING. The board may issue and sell
general obligation bonds, certificates of obligation, or any other
type of financing authorized by the laws of this state, including
that type of financing authorized by Chapter 271, Local Government
Code, in the name and on the faith and credit of the district for any
purpose relating to:
(1) the purchase, construction, acquisition, repair,
or renovation of buildings or improvements; and
(2) equipping buildings or improvements for hospital
purposes. (Acts 61st Leg., R.S., Ch. 287, Sec. 7(a) (part).)
Sec. 1064.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued under Section
1064.251, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed the
tax rate approved by the voters at the election authorizing the
imposition of the tax. (Acts 61st Leg., R.S., Ch. 287, Sec. 7(a)
(part).)
Sec. 1064.253. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters voting at an
election held for that purpose.
(b) The order calling the election shall provide for clerks
as in county elections and must specify:
(1) the date of the election;
(2) the location of the polling places;
(3) the presiding and alternate election judges for
each polling place;
(4) the amount of the bonds to be authorized;
(5) the maximum interest rate of the bonds; and
(6) the maximum maturity of the bonds.
(c) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code. (Acts 61st Leg., R.S., Ch. 287,
Sec. 7(a) (part).)
Sec. 1064.254. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) purchase, construct, acquire, repair, renovate,
or equip buildings or improvements for hospital purposes; or
(2) acquire sites to be used for hospital purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospitals.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner and in accordance
with the procedures and requirements prescribed by Sections
264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
and Safety Code, for issuance of revenue bonds by a county hospital
authority. (Acts 61st Leg., R.S., Ch. 287, Sec. 8 (part).)
Sec. 1064.255. REFUNDING BONDS. (a) The board may, without
an election, issue refunding bonds to refund outstanding
indebtedness issued or assumed by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bond
applied to the payment of outstanding indebtedness; or
(2) exchanged wholly or partly for not less than a
similar principal amount of outstanding indebtedness. (Acts 61st
Leg., R.S., Ch. 287, Secs. 7(a) (part), (b) (part), 8 (part).)
Sec. 1064.256. MATURITY OF BONDS. District bonds must
mature not later than 40 years after the date of issuance. (Acts
61st Leg., R.S., Ch. 287, Sec. 7(c) (part).)
Sec. 1064.257. EXECUTION OF BONDS. (a) The board president
shall execute district bonds in the district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code. (Acts 61st Leg.,
R.S., Ch. 287, Sec. 7(c) (part).)
Sec. 1064.258. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) the transfer and issuance of the bonds; and
(3) profits made in the sale of the bonds. (Acts 61st
Leg., R.S., Ch. 287, Sec. 21 (part).)
[Sections 1064.259-1064.300 reserved for expansion]
SUBCHAPTER G. TAXES
Sec. 1064.301. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The board shall impose the tax to:
(1) pay the interest on and create a sinking fund for
bonds and other obligations issued or assumed by the district for
hospital purposes;
(2) provide for the operation and maintenance of the
district and hospital system;
(3) make improvements and additions to the hospital
system; and
(4) acquire necessary sites for the hospital system by
purchase, lease, or condemnation. (Acts 61st Leg., R.S., Ch. 287,
Secs. 12 (part), 15 (part).)
Sec. 1064.302. TAX RATE. (a) The board may impose the tax
at a rate not to exceed 75 cents on each $100 valuation of taxable
property in the district.
(b) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 61st
Leg., R.S., Ch. 287, Secs. 3(b) (part), 12 (part).)
Sec. 1064.303. ASSESSMENT AND COLLECTION OF TAXES IN SAME
MANNER AS COUNTY. (a) This section applies unless the board elects
to have taxes assessed and collected under Section 1064.304.
(b) District taxes shall be assessed and collected in the
same manner as provided by law for the assessment and collection of
county taxes.
(c) The tax assessor-collector shall assess and collect
taxes imposed by the district.
(d) The tax assessor-collector shall charge and deduct from
payments to the district an amount as fees for assessing and
collecting the taxes at a rate determined by the board. (Acts 61st
Leg., R.S., Ch. 287, Sec. 15 (part).)
Sec. 1064.304. ASSESSMENT AND COLLECTION BY DISTRICT TAX
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes
assessed and collected by a tax assessor-collector appointed by the
board. An election under this subsection must be made before
December 1 and governs the manner in which taxes are assessed and
collected, until changed by a similar resolution.
(b) The board shall set for the district tax
assessor-collector:
(1) the terms of employment;
(2) compensation; and
(3) the requirement for bond to assure the faithful
performance of the tax assessor-collector's duties.
(c) A bond required under Subsection (b)(3) must be set in
an amount of not less than $100,000. (Acts 61st Leg., R.S., Ch.
287, Sec. 15 (part).)
CHAPTER 1067. MUENSTER HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1067.001. DEFINITIONS
Sec. 1067.002. AUTHORITY FOR CREATION
Sec. 1067.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1067.004. DISTRICT TERRITORY
Sec. 1067.005. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1067.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1067.007-1067.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1067.051. BOARD ELECTION; TERM
Sec. 1067.052. NOTICE OF ELECTION
Sec. 1067.053. QUALIFICATIONS FOR OFFICE
Sec. 1067.054. BOARD VACANCY
Sec. 1067.055. OFFICERS
Sec. 1067.056. COMPENSATION; EXPENSES
Sec. 1067.057. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR
Sec. 1067.058. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1067.059. APPOINTMENT AND RECRUITMENT OF STAFF
AND EMPLOYEES
Sec. 1067.060. PERSONNEL CONTRACTS
Sec. 1067.061. RETIREMENT BENEFITS
[Sections 1067.062-1067.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1067.101. DISTRICT RESPONSIBILITY
Sec. 1067.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1067.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1067.104. HOSPITAL OR HOSPITAL SYSTEM
Sec. 1067.105. RULES
Sec. 1067.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1067.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1067.108. EMINENT DOMAIN
Sec. 1067.109. GIFTS AND ENDOWMENTS
Sec. 1067.110. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR CARE AND TREATMENT
Sec. 1067.111. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1067.112. AUTHORITY TO SUE AND BE SUED
[Sections 1067.113-1067.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1067.151. BUDGET
Sec. 1067.152. NOTICE; ADOPTION OF BUDGET
Sec. 1067.153. AMENDMENTS TO BUDGET
Sec. 1067.154. FISCAL YEAR
Sec. 1067.155. ANNUAL AUDIT
Sec. 1067.156. DEPOSITORY
Sec. 1067.157. AUTHORITY TO BORROW MONEY; SECURITY
[Sections 1067.158-1067.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1067.201. GENERAL OBLIGATION BONDS
Sec. 1067.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1067.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1067.204. MATURITY OF GENERAL OBLIGATION BONDS
Sec. 1067.205. EXECUTION OF GENERAL OBLIGATION BONDS
Sec. 1067.206. REVENUE BONDS
Sec. 1067.207. REFUNDING BONDS
Sec. 1067.208. BONDS EXEMPT FROM TAXATION
[Sections 1067.209-1067.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1067.251. IMPOSITION OF AD VALOREM TAX
Sec. 1067.252. TAX RATE
Sec. 1067.253. TAX ASSESSOR-COLLECTOR
[Sections 1067.254-1067.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION
Sec. 1067.301. DISSOLUTION; ELECTION
Sec. 1067.302. NOTICE OF ELECTION
Sec. 1067.303. BALLOT
Sec. 1067.304. ELECTION RESULTS
Sec. 1067.305. TRANSFER OR ADMINISTRATION OF ASSETS
Sec. 1067.306. SALE OR TRANSFER OF ASSETS AND
LIABILITIES
Sec. 1067.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
TAXES
Sec. 1067.308. REPORT; DISSOLUTION ORDER
CHAPTER 1067. MUENSTER HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1067.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Muenster Hospital District.
(New.)
Sec. 1067.002. AUTHORITY FOR CREATION. The Muenster
Hospital District is created under the authority of Section 9,
Article IX, Texas Constitution. (Acts 59th Leg., R.S., Ch. 477,
Sec. 1(a).)
Sec. 1067.003. ESSENTIAL PUBLIC FUNCTION. The district
performs an essential public function in carrying out the purposes
of this chapter. (Acts 59th Leg., R.S., Ch. 477, Sec. 11 (part).)
Sec. 1067.004. DISTRICT TERRITORY. The district is
composed of the territory described by Section 2a, Chapter 477,
Acts of the 59th Legislature, Regular Session, 1965. (New.)
Sec. 1067.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state. (Acts 59th
Leg., R.S., Ch. 477, Sec. 21 (part).)
Sec. 1067.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 59th Leg., R.S., Ch. 477, Sec. 21 (part).)
[Sections 1067.007-1067.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1067.051. BOARD ELECTION; TERM. (a) The district
consists of nine elected directors.
(b) Directors serve staggered three-year terms.
(c) An election shall be held on the uniform election date
in May of each year to elect the appropriate number of directors.
(d) The election order must state the time, place, and
purpose of the election. (Acts 59th Leg., R.S., Ch. 477, Sec. 4(a)
(part).)
Sec. 1067.052. NOTICE OF ELECTION. Notice of an election of
directors shall be published one time in a newspaper of general
circulation in the area of the district in accordance with Section
4.003(a)(1), Election Code. (Acts 59th Leg., R.S., Ch. 477, Sec.
4(a) (part).)
Sec. 1067.053. QUALIFICATIONS FOR OFFICE. (a) To be
eligible to serve as a director, a person must be:
(1) a resident of the district; and
(2) a qualified voter.
(b) A district employee may not serve as a director. (Acts
59th Leg., R.S., Ch. 477, Sec. 4(b) (part).)
Sec. 1067.054. BOARD VACANCY. If a vacancy occurs in the
office of director, the remaining directors by majority vote shall
appoint a director for the unexpired term. (Acts 59th Leg., R.S.,
Ch. 477, Sec. 4(a) (part).)
Sec. 1067.055. OFFICERS. (a) The board shall elect a
president and a vice president from among its members.
(b) The board shall appoint a secretary, who need not be a
director.
(c) Each officer serves for a term of one year.
(d) The president is the chief executive officer of the
district and has the same right to vote as any other director.
(e) If the president is absent or fails and declines to act,
the vice president shall perform the president's duties and
exercise the president's powers under this chapter. (Acts 59th
Leg., R.S., Ch. 477, Sec. 4(b) (part).)
Sec. 1067.056. COMPENSATION; EXPENSES. A director is not
entitled to compensation but is entitled to reimbursement for
actual expenses incurred in attending to district business. The
expenses must be:
(1) reported in the district's records; and
(2) approved by the remainder of the board. (Acts 59th
Leg., R.S., Ch. 477, Sec. 4(b) (part).)
Sec. 1067.057. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR. (a) The board shall appoint a qualified person as
district administrator.
(b) The board may appoint an assistant administrator.
(c) The district administrator and any assistant
administrator serve at the will of the board and are entitled to the
compensation determined by the board.
(d) The board may require the district administrator,
before assuming the administrator's duties, to execute a bond
payable to the district in an amount set by the board of not less
than $5,000 that:
(1) is conditioned on the faithful performance of the
administrator's duties; and
(2) contains other conditions the board may require.
(e) The board may pay for the bond with district money.
(Acts 59th Leg., R.S., Ch. 477, Sec. 5(a) (part).)
Sec. 1067.058. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the hospital;
and
(2) direct the affairs of the district. (Acts 59th
Leg., R.S., Ch. 477, Sec. 5(b) (part).)
Sec. 1067.059. APPOINTMENT AND RECRUITMENT OF STAFF AND
EMPLOYEES. (a) The board, with the district administrator, may
appoint to the staff any doctors the board considers necessary for
the efficient operation of the district.
(b) The board may employ technicians, nurses, and other
employees as considered necessary for the efficient operation of
the hospital or may provide that the district administrator has the
authority to admit or employ those persons.
(c) The board may spend district money to recruit
physicians, nurses, and other trained medical personnel. The board
may pay the tuition or other expenses of a full-time medical student
or other student in a health occupation who:
(1) is enrolled in and is in good standing at an
accredited medical school, college, or university; and
(2) contractually agrees to become a district employee
or independent contractor in return for that assistance. (Acts
59th Leg., R.S., Ch. 477, Secs. 5(b) (part), (g).)
Sec. 1067.060. PERSONNEL CONTRACTS. (a) The board may
contract to provide administrative and other personnel for the
operation of the hospital facilities.
(b) The term of the contract may not exceed 25 years from the
date the contract is entered. (Acts 59th Leg., R.S., Ch. 477, Sec.
5(e) (part).)
Sec. 1067.061. RETIREMENT BENEFITS. The board may provide
retirement benefits for district employees by:
(1) establishing or administering a retirement
program; or
(2) participating in:
(A) the Texas County and District Retirement
System; or
(B) another statewide retirement system in which
the district is eligible to participate. (Acts 59th Leg., R.S., Ch.
477, Sec. 5(f).)
[Sections 1067.062-1067.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1067.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for:
(1) operating all hospital facilities for providing
medical and hospital care of the indigent persons in the district;
and
(2) providing medical and hospital care for the
district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 477, Secs.
2 (part), 20 (part).)
Sec. 1067.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision located within the
district may not impose a tax or issue bonds or other obligations
for hospital purposes for medical treatment of indigent persons in
the district. (Acts 59th Leg., R.S., Ch. 477, Sec. 20 (part).)
Sec. 1067.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital, the
hospital system, and the district's business, money, and resources.
(Acts 59th Leg., R.S., Ch. 477, Sec. 5(a) (part).)
Sec. 1067.104. HOSPITAL OR HOSPITAL SYSTEM. (a) The
district shall provide for the establishment, administration,
maintenance, operation, and financing of a hospital or hospital
system in the district.
(b) The district may provide any services or facilities
necessary for hospital or medical care, including:
(1) rural health clinics;
(2) outpatient clinics;
(3) nursing homes;
(4) home health care agencies;
(5) extended care facilities;
(6) assisted living or personal care facilities; and
(7) retirement, housing, and medical office
buildings. (Acts 59th Leg., R.S., Ch. 477, Sec. 2 (part).)
Sec. 1067.105. RULES. The board may adopt rules for the
operation of the district and as required to administer this
chapter. (Acts 59th Leg., R.S., Ch. 477, Secs. 5(a) (part), 12
(part).)
Sec. 1067.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures. (Acts 59th
Leg., R.S., Ch. 477, Sec. 12 (part).)
Sec. 1067.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board has exclusive authority to determine the
type, character, and use of facilities in the hospital system.
(b) The board may:
(1) purchase or lease property, including facilities
or equipment, for the district to use in the hospital system; and
(2) mortgage or pledge the property as security for
the payment of the purchase price.
(c) The board may lease district hospital facilities to
individuals, corporations, or other legal entities.
(d) The board may sell or otherwise dispose of the
district's property, including facilities and equipment. (Acts
59th Leg., R.S., Ch. 477, Secs. 5(d), (e) (part), 12 (part).)
Sec. 1067.108. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property located in district
territory if the interest is necessary or convenient for the
district to exercise a power, right, or privilege conferred by this
chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code. (Acts 59th
Leg., R.S., Ch. 477, Sec. 15.)
Sec. 1067.109. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 59th Leg., R.S., Ch. 477,
Sec. 18.)
Sec. 1067.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
CARE AND TREATMENT. (a) The board may contract with a county or
municipality located outside the district for the care and
treatment of a sick or injured person of that county or
municipality.
(b) The board may contract with this state or a federal
agency for the treatment of a sick or injured person for whom this
state or the agency is responsible. (Acts 59th Leg., R.S., Ch. 477,
Sec. 5(c).)
Sec. 1067.111. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When an indigent patient who resides in the district is admitted to
a district facility or a person who does not reside in the district
is admitted as an emergency patient to a district facility, the
district administrator shall have an inquiry made into the
circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives cannot pay all or part of the costs of
the care and treatment in the hospital, the amount of the costs that
cannot be paid becomes a charge against the district as care for
indigents.
(c) If the district administrator determines that the
patient or those relatives can pay for all or part of the costs of
the patient's care and treatment, the patient or those relatives
shall be ordered to pay the district a specified amount each week
for the patient's support. The amount ordered must be
proportionate to the person's financial ability and may not exceed
the actual per capita cost of maintenance.
(d) The district administrator may collect the amount from
the patient's estate, or from any relative who is legally liable for
the patient's support, in the manner provided by law for the
collection of expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay, or doubt
in the mind of the district administrator, the board shall hold a
hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue any appropriate orders.
(f) A final order of the board may be appealed to the
district court. The substantial evidence rule applies to the
appeal. (Acts 59th Leg., R.S., Ch. 477, Sec. 17.)
Sec. 1067.112. AUTHORITY TO SUE AND BE SUED. The district,
through the board, may sue and be sued. (Acts 59th Leg., R.S., Ch.
477, Sec. 5(a) (part).)
[Sections 1067.113-1067.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1067.151. BUDGET. Not later than the 30th day before
the first day of each fiscal year, the board shall have an annual
budget prepared for that fiscal year. (Acts 59th Leg., R.S., Ch.
477, Secs. 6(b) (part), 19(a) (part).)
Sec. 1067.152. NOTICE; ADOPTION OF BUDGET. (a) Not later
than the 30th day before the first day of each fiscal year, the
board shall give notice of a public hearing on the proposed budget.
The notice must be published in a newspaper of general circulation
in the district one time at least 10 days before the date set for the
hearing.
(b) The board shall adopt a budget by acting on the budget
proposed by the district administrator.
(c) The budget is effective only after adoption by the
board. (Acts 59th Leg., R.S., Ch. 477, Secs. 6(b), 19(a) (part).)
Sec. 1067.153. AMENDMENTS TO BUDGET. After the annual
budget is adopted, the budget may be amended on the board's
approval. (Acts 59th Leg., R.S., Ch. 477, Sec. 19(a) (part).)
Sec. 1067.154. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) during a period that revenue bonds of the district
are outstanding; or
(2) more than once in a 24-month period. (Acts 59th
Leg., R.S., Ch. 477, Sec. 6 (part).)
Sec. 1067.155. ANNUAL AUDIT. (a) The board annually shall
have an audit made of the district's financial condition.
(b) The audit shall be open to inspection at all times at the
district's principal office. (Acts 59th Leg., R.S., Ch. 477, Sec. 6
(part).)
Sec. 1067.156. DEPOSITORY. (a) The board shall select one
or more banks to serve as a depository for district money.
(b) District money shall be immediately deposited on
receipt with a depository bank to pay the principal of and interest
on the district's outstanding bonds on or before the maturity date
of the principal and interest.
(c) To the extent that money in a depository bank is not
insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds.
(d) Membership on the district's board of an officer or
director of a bank does not disqualify the bank from being selected
as a depository bank. (Acts 59th Leg., R.S., Ch. 477, Sec. 13.)
Sec. 1067.157. AUTHORITY TO BORROW MONEY; SECURITY. (a)
The board may borrow money at a rate not to exceed the maximum
annual percentage rate allowed by law for district obligations at
the time the loan is made if the board declares that:
(1) money is not available to meet authorized
obligations of the district; and
(2) an emergency exists.
(b) To secure a loan, the board may pledge:
(1) district revenue that is not pledged to pay the
district's bonded indebtedness;
(2) district taxes to be imposed by the district
during the 12-month period following the date of the pledge 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.
(c) A loan for which taxes or bonds are pledged must mature
not later than the first anniversary of the date the loan is made. A
loan for which district revenue is pledged must mature not later
than the fifth anniversary of the date the loan is made.
(d) The board may not spend money obtained from a loan under
this section for any purpose other than:
(1) the purpose for which the board declared an
emergency; and
(2) if district taxes or bonds are pledged to pay the
loan, the purpose for which the pledged taxes were imposed or the
pledged bonds were authorized. (Acts 59th Leg., R.S., Ch. 477, Sec.
20a.)
[Sections 1067.158-1067.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1067.201. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligation bonds authorized by an election
in the name and on the faith and credit of the district to:
(1) purchase, construct, acquire, repair, or renovate
buildings or improvements;
(2) equip buildings or improvements for hospital
purposes; or
(3) acquire and operate a mobile emergency medical or
air ambulance service. (Acts 59th Leg., R.S., Ch. 477, Sec. 9(b).)
Sec. 1067.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a)
For general obligation bonds issued under Section 1067.201, the
board shall impose an ad valorem tax at a rate sufficient to create
an interest and sinking fund and to pay the principal of and
interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed the
limit approved by the voters at the election authorizing the
imposition of the tax. (Acts 59th Leg., R.S., Ch. 477, Sec. 9(a)
(part).)
Sec. 1067.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters voting at an
election held for that purpose.
(b) The board may order a bond election.
(c) The order calling the election must specify:
(1) the nature and date of the election;
(2) the hours during which the polls will be open;
(3) the location of the polling places;
(4) the amount of the bonds to be authorized; and
(5) the maximum maturity of the bonds.
(d) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code.
(e) The board shall declare the results of the bond
election.
(f) Except as otherwise provided by this chapter, the
election is governed by the general laws relating to county
elections. (Acts 59th Leg., R.S., Ch. 477, Sec. 9(a) (part).)
Sec. 1067.204. MATURITY OF GENERAL OBLIGATION BONDS.
District general obligation bonds must mature not later than 40
years after the date of issuance. (Acts 59th Leg., R.S., Ch. 477,
Sec. 9(d) (part).)
Sec. 1067.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
The board president shall execute the general obligation bonds in
the district's name.
(b) The board secretary shall attest the bonds as provided
by Chapter 618, Government Code. (Acts 59th Leg., R.S., Ch. 477,
Sec. 9(c) (part).)
Sec. 1067.206. REVENUE BONDS. (a) The district may issue
revenue bonds to:
(1) purchase, construct, acquire, repair, or renovate
buildings or improvements;
(2) equip buildings or improvements for hospitals and
the hospital system;
(3) acquire sites to be used for hospital purposes; or
(4) operate a mobile emergency medical service to
assist the district in carrying out its hospital purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospital system.
(c) The bonds may be additionally secured by a mortgage or
deed of trust on all or part of district property.
(d) The bonds must be issued in the manner provided by
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
Health and Safety Code, for issuance of revenue bonds by a county
hospital authority. (Acts 59th Leg., R.S., Ch. 477, Sec. 7.)
Sec. 1067.207. REFUNDING BONDS. (a) The board may issue
refunding bonds to refund any bond issued by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bond
applied to the payment of the outstanding bonds or other refundable
indebtedness; or
(2) exchanged wholly or partly for not less than a
similar principal amount of the outstanding bonds or other
refundable indebtedness. (Acts 59th Leg., R.S., Ch. 477, Sec. 8
(part).)
Sec. 1067.208. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) the transfer of the bonds; or
(3) bond revenue, including any profits made in the
sale of the bonds. (Acts 59th Leg., R.S., Ch. 477, Sec. 11 (part).)
[Sections 1067.209-1067.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1067.251. IMPOSITION OF AD VALOREM TAX. (a) The board
may impose a tax on all property in the district subject to district
taxation.
(b) The tax may be used to pay:
(1) indebtedness issued or assumed by the district;
and
(2) the maintenance and operating expenses of the
district.
(c) The board may not impose a tax to pay the principal of or
interest on revenue bonds. (Acts 59th Leg., R.S., Ch. 477, Secs. 16
(part), 19(b) (part).)
Sec. 1067.252. TAX RATE. (a) The board may impose the tax
at a rate not to exceed the limit approved by the voters at the
election authorizing the imposition of the tax.
(b) The tax rate for all purposes may not exceed 75 cents on
each $100 valuation of taxable property in the district. (Acts 59th
Leg., R.S., Ch. 477, Sec. 16 (part).)
Sec. 1067.253. TAX ASSESSOR-COLLECTOR. The board may
provide for the appointment of a tax assessor-collector for the
district or may contract for the assessment and collection of taxes
as provided by the Tax Code. (Acts 59th Leg., R.S., Ch. 477, Sec. 16
(part).)
[Sections 1067.254-1067.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION
Sec. 1067.301. DISSOLUTION; ELECTION. (a) The district may
be dissolved only on approval of a majority of the district voters
voting in an election held for that purpose.
(b) The board may order an election on the question of
dissolving the district and disposing of the district's assets and
obligations.
(c) The board shall order an election if the board receives
a petition requesting an election that is signed by a number of
residents of the district equal to at least 15 percent of the
registered voters in the district.
(d) The order calling the election must state:
(1) the nature of the election, including the
proposition to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(e) Section 41.001(a), Election Code, does not apply to an
election ordered under this section. (Acts 59th Leg., R.S., Ch.
477, Secs. 20b(a), (b), (c) (part).)
Sec. 1067.302. NOTICE OF ELECTION. (a) The board shall give
notice of an election under this subchapter by publishing once a
week for two consecutive weeks a substantial copy of the election
order in a newspaper with general circulation in the district.
(b) The first publication of the notice must appear not
later than the 35th day before the date set for the election. (Acts
59th Leg., R.S., Ch. 477, Sec. 20b(d) (part).)
Sec. 1067.303. BALLOT. The ballot for an election under
this subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Muenster Hospital District."
(Acts 59th Leg., R.S., Ch. 477, Sec. 20b(d) (part).)
Sec. 1067.304. ELECTION RESULTS. (a) If a majority of the
votes in an election under this subchapter favor dissolution, the
board shall find that the district is dissolved.
(b) If a majority of the votes in the election do not favor
dissolution, the board shall continue to administer the district
and another election on the question of dissolution may not be held
before the first anniversary of the date of the most recent election
to dissolve the district. (Acts 59th Leg., R.S., Ch. 477, Sec.
20b(e).)
Sec. 1067.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
If a majority of the votes in an election under this subchapter
favor dissolution, the board shall:
(1) transfer the land, buildings, improvements,
equipment, and other assets that belong to the district to Cooke
County or another governmental entity in Cooke County; or
(2) administer the property, assets, and debts until
all money has been disposed of and all district debts have been paid
or settled.
(b) If the board makes the transfer under Subsection (a)(1),
the county or entity assumes all debts and obligations of the
district at the time of the transfer, and the district is dissolved.
(Acts 59th Leg., R.S., Ch. 477, Secs. 20b(f), (g).)
Sec. 1067.306. SALE OR TRANSFER OF ASSETS AND LIABILITIES.
(a) Notwithstanding any other provision of this chapter, the
district may not be dissolved unless the board provides for the sale
or transfer of the district's assets and liabilities to another
person.
(b) The dissolution of the district and the sale or transfer
of the district's assets or liabilities may not contravene a trust
indenture or bond resolution relating to the district's outstanding
bonds. The dissolution and sale or transfer does not diminish or
impair the rights of a holder of an outstanding bond, warrant, or
other obligation of the district.
(c) The sale or transfer of the district's assets and
liabilities must satisfy the debt and bond obligations of the
district in a manner that protects the interests of district
residents, including the residents' collective property rights in
the district's assets.
(d) The district may not transfer or dispose of the
district's assets except for due compensation unless:
(1) the transfer is made to another governmental
entity that serves the district; and
(2) the transferred assets are to be used for the
benefit of the district's residents.
(e) A grant from federal funds is an obligation to be repaid
in satisfaction. (Acts 59th Leg., R.S., Ch. 477, Secs. 20b(m),
(n).)
Sec. 1067.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
TAXES. (a) After the board finds that the district is dissolved,
the board shall:
(1) determine the debt owed by the district; and
(2) impose on the property included in the district's
tax rolls a tax that is in proportion of the debt to the property
value.
(b) On the payment of all outstanding debts and obligations
of the district, the board shall order the secretary to return to
each district taxpayer the taxpayer's pro rata share of all unused
tax money.
(c) A taxpayer may request that the taxpayer's share of
surplus tax money be credited to the taxpayer's county taxes. If a
taxpayer requests the credit, the board shall direct the secretary
to transmit the money to the county tax assessor-collector. (Acts
59th Leg., R.S., Ch. 477, Secs. 20b(h), (i), (j).)
Sec. 1067.308. REPORT; DISSOLUTION ORDER. (a) After the
district has paid all district debts and has disposed of all
district money and other assets as prescribed by this subchapter,
the board shall file a written report with the Commissioners Court
of Cooke County summarizing the board's actions in dissolving the
district.
(b) Not later than the 10th day after the date the
Commissioners Court of Cooke County receives the report and
determines that the requirements of this subchapter have been
fulfilled, the commissioners court shall enter an order dissolving
the district and releasing the board from any further duty or
obligation. (Acts 59th Leg., R.S., Ch. 477, Secs. 20b(k), (l).)
CHAPTER 1072. MAVERICK COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1072.001. DEFINITIONS
Sec. 1072.002. AUTHORITY FOR CREATION
Sec. 1072.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1072.004. DISTRICT TERRITORY
Sec. 1072.005. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1072.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1072.007-1072.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1072.051. BOARD ELECTION; TERMS
Sec. 1072.052. QUALIFICATIONS FOR OFFICE
Sec. 1072.053. BOND; RECORD OF BOND AND OATH OR
AFFIRMATION OF OFFICE
Sec. 1072.054. BOARD VACANCY
Sec. 1072.055. OFFICERS
Sec. 1072.056. COMPENSATION; EXPENSES
Sec. 1072.057. VOTING REQUIREMENT
Sec. 1072.058. DISTRICT ADMINISTRATOR
Sec. 1072.059. EMPLOYMENT OF MEDICAL STAFF AND OTHER
HEALTH CARE PROVIDERS
Sec. 1072.060. APPOINTMENT AND REMOVAL OF MEDICAL
STAFF
Sec. 1072.061. RECRUITMENT AND RETENTION OF MEDICAL
STAFF AND PROFESSIONAL PERSONNEL
Sec. 1072.062. OTHER DISTRICT EMPLOYEES
Sec. 1072.063. RETIREMENT BENEFITS
Sec. 1072.064. MAINTENANCE OF RECORDS; PUBLIC
INSPECTION
[Sections 1072.065-1072.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1072.101. DISTRICT RESPONSIBILITY
Sec. 1072.102. ANNUAL DETERMINATION OF CARE
Sec. 1072.103. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1072.104. MANAGEMENT AND CONTROL OF DISTRICT
Sec. 1072.105. RULES
Sec. 1072.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1072.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1072.108. EMINENT DOMAIN
Sec. 1072.109. GIFTS AND ENDOWMENTS
Sec. 1072.110. CONSTRUCTION CONTRACTS
Sec. 1072.111. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1072.112. CONTRACTS WITH POLITICAL SUBDIVISIONS
OR GOVERNMENT AGENCIES FOR HOSPITAL
AND MEDICAL CARE
Sec. 1072.113. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1072.114. REIMBURSEMENT FOR SERVICE
Sec. 1072.115. CHARITABLE ORGANIZATION
Sec. 1072.116. NONPROFIT CORPORATION
[Sections 1072.117-1072.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1072.151. BUDGET
Sec. 1072.152. ADOPTION OF PROPOSED BUDGET: NOTICE AND
HEARING
Sec. 1072.153. FISCAL YEAR
Sec. 1072.154. ANNUAL AUDIT
Sec. 1072.155. DEPOSITORY
Sec. 1072.156. AUTHORITY TO BORROW MONEY; SECURITY
[Sections 1072.157-1072.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1072.201. BONDS
Sec. 1072.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1072.203. BOND ELECTION
Sec. 1072.204. REVENUE BONDS
Sec. 1072.205. REFUNDING BONDS
Sec. 1072.206. MATURITY OF BONDS
Sec. 1072.207. EXECUTION OF BONDS
Sec. 1072.208. BONDS EXEMPT FROM TAXATION
[Sections 1072.209-1072.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1072.251. IMPOSITION OF AD VALOREM TAX
Sec. 1072.252. TAX RATE
Sec. 1072.253. TAX ASSESSOR-COLLECTOR
CHAPTER 1072. MAVERICK COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1072.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Maverick County Hospital
District. (New.)
Sec. 1072.002. AUTHORITY FOR CREATION. The Maverick County
Hospital District is created under the authority of Section 9,
Article IX, Texas Constitution. (Acts 59th Leg., R.S., Ch. 172,
Sec. 1.)
Sec. 1072.003. ESSENTIAL PUBLIC FUNCTION. The district is
a public entity performing an essential public function. (Acts
59th Leg., R.S., Ch. 172, Sec. 10(j) (part).)
Sec. 1072.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Maverick County.
(Acts 59th Leg., R.S., Ch. 172, Sec. 2.)
Sec. 1072.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district's hospital
system and any indebtedness incurred by the district under this
chapter may not become a charge against or obligation of this state.
(Acts 59th Leg., R.S., Ch. 172, Sec. 17 (part).)
Sec. 1072.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 59th Leg., R.S., Ch. 172, Sec. 17 (part).)
[Sections 1072.007-1072.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1072.051. BOARD ELECTION; TERMS. (a) The board
consists of five directors elected by district voters.
(b) Directors serve staggered four-year terms.
(c) An election shall be held on the first Tuesday after the
first Monday in November of each year to elect the appropriate
number of directors. (Acts 59th Leg., R.S., Ch. 172, Secs. 5(a)
(part), (d), (e) (part).)
Sec. 1072.052. QUALIFICATIONS FOR OFFICE. (a) To qualify
for election to the board, a person must be:
(1) a district resident; and
(2) a qualified voter.
(b) A person may not serve on the board if the person is:
(1) a party to a contract with the district to perform
services for the district for compensation; or
(2) a district employee.
(c) A director is eligible for reelection to the board.
(Acts 59th Leg., R.S., Ch. 172, Secs. 5(b), (c), (e) (part).)
Sec. 1072.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION
OF OFFICE. (a) Each director shall qualify for office by executing
a good and sufficient commercial bond for $1,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director's duties.
(b) The district shall pay for a director's bond.
(c) Each director's bond and constitutional oath or
affirmation of office shall be deposited with the district's
depository for safekeeping. (Acts 59th Leg., R.S., Ch. 172, Sec.
6(a).)
Sec. 1072.054. BOARD VACANCY. (a) If a vacancy occurs in
the office of director, the remaining directors by a unanimous vote
shall appoint a director for the unexpired term.
(b) The appointed director must have the qualifications
required by Section 1072.052. (Acts 59th Leg., R.S., Ch. 172, Sec.
5(f).)
Sec. 1072.055. OFFICERS. The board shall elect from among
its members a president, a secretary, and a treasurer at the first
meeting after each directors' election. (Acts 59th Leg., R.S., Ch.
172, Sec. 6(b).)
Sec. 1072.056. COMPENSATION; EXPENSES. A director is not
entitled to compensation but is entitled to reimbursement for
necessary expenses incurred in the performance of official duties.
(Acts 59th Leg., R.S., Ch. 172, Sec. 6(c).)
Sec. 1072.057. VOTING REQUIREMENT. A concurrence of a
majority of the directors voting is sufficient in any matter
relating to the business of the district. (Acts 59th Leg., R.S., Ch.
172, Sec. 5(g) (part).)
Sec. 1072.058. DISTRICT ADMINISTRATOR. (a) The board may
authorize the appointment, engagement, or employment of a district
administrator to manage the operations of the district.
(b) The district administrator serves at the will of the
board and is subject to rules adopted by the board.
(c) The board may require that a person, before assuming the
duties of district administrator, execute a bond in an amount
determined by the board of not less than $10,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
person's duties as district administrator under this chapter.
(d) The board may pay for the bond with district money.
(Acts 59th Leg., R.S., Ch. 172, Secs. 11(e) (part), (f), (g).)
Sec. 1072.059. EMPLOYMENT OF MEDICAL STAFF AND OTHER HEALTH
CARE PROVIDERS. (a) The board may employ physicians, dentists, or
other health care providers as the board considers necessary for
the efficient operation of the district.
(b) This section does not authorize the board to supervise
or control the practice of medicine or permit the unauthorized
practice of medicine, as prohibited by Subtitle B, Title 3,
Occupations Code. (Acts 59th Leg., R.S., Ch. 172, Sec. 11(k-1).)
Sec. 1072.060. APPOINTMENT AND REMOVAL OF MEDICAL STAFF.
(a) The board may appoint a physician to or remove a physician from
the staff of any hospital or hospital system that is a component of
the district's operations as the board considers necessary for the
efficient operation of the district.
(b) The board may adopt rules relating to the method of
appointing or removing medical staff members, including the method
for temporary appointments. (Acts 59th Leg., R.S., Ch. 172, Sec.
11(k).)
Sec. 1072.061. RECRUITMENT AND RETENTION OF MEDICAL STAFF
AND PROFESSIONAL PERSONNEL. The board may, consistent with
applicable federal and state laws, recruit and retain physicians,
nurses, technicians, and other professional personnel through:
(1) scholarship programs;
(2) agreements for future services;
(3) shared personnel;
(4) bonuses; and
(5) any other method the board determines necessary.
(Acts 59th Leg., R.S., Ch. 172, Sec. 11(l).)
Sec. 1072.062. OTHER DISTRICT EMPLOYEES. (a) The board may
authorize the employment of persons necessary for the efficient
operation of the district.
(b) An employee serves at the will of the board and is
subject to rules adopted by the board. (Acts 59th Leg., R.S., Ch.
172, Secs. 11(e) (part), (f).)
Sec. 1072.063. RETIREMENT BENEFITS. The board may provide
retirement benefits for district employees by:
(1) establishing or administering a retirement
program; or
(2) participating in:
(A) the Texas County and District Retirement
System; or
(B) another statewide retirement system in which
the district is eligible to participate. (Acts 59th Leg., R.S., Ch.
172, Sec. 11(m).)
Sec. 1072.064. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
The board shall:
(1) maintain all district records, including books,
accounts, notices, minutes, and other matters of the district and
its operation, at the district office; and
(2) make those records available for public inspection
at reasonable times. (Acts 59th Leg., R.S., Ch. 172, Sec. 11(b).)
[Sections 1072.065-1072.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1072.101. DISTRICT RESPONSIBILITY. (a) The district
has the responsibility of undertaking any measure, consistent with
Section 9, Article IX, Texas Constitution, and this chapter, that
the board determines is necessary to provide hospital and medical
care to the district's needy residents.
(b) The district shall undertake any measure, consistent
with Section 9, Article IX, Texas Constitution, and this chapter,
that the board determines is necessary to provide hospital and
medical care for the district's needy inhabitants. (Acts 59th Leg.,
R.S., Ch. 172, Sec. 3 (part), as amended Acts 79th Leg., R.S., Chs.
1237, 1351.)
Sec. 1072.102. ANNUAL DETERMINATION OF CARE. The board,
based on the estimated amount of revenue and balances available to
cover the proposed annual budget for the district, may annually
determine the type and extent of hospital and medical care services
offered by the district. (Acts 59th Leg., R.S., Ch. 172, Sec.
11(n), as amended Acts 79th Leg., R.S., Chs. 1237, 1351.)
Sec. 1072.103. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision of this state, other
than the district, may not impose a tax or issue bonds or other
obligations to provide hospital service or medical care in the
district. (Acts 59th Leg., R.S., Ch. 172, Sec. 3 (part), as amended
Acts 79th Leg., R.S., Chs. 1237, 1351.)
Sec. 1072.104. MANAGEMENT AND CONTROL OF DISTRICT. The
management and control of the district is vested in the board, and
the board has full power to manage and control the district. (Acts
59th Leg., R.S., Ch. 172, Secs. 5(a) (part), 11(a) (part).)
Sec. 1072.105. RULES. (a) The board shall adopt rules for
the efficient operation of the district, including district
facilities.
(b) The board shall:
(1) publish the rules in book form; and
(2) provide copies to interested persons on request at
district expense. (Acts 59th Leg., R.S., Ch. 172, Sec. 11(c).)
Sec. 1072.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe the method of making purchases and expenditures
and the manner of accounting and control used by the district.
(Acts 59th Leg., R.S., Ch. 172, Sec. 11(e) (part).)
Sec. 1072.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board may:
(1) lease or acquire property, including facilities
and equipment, for the use of the district; and
(2) mortgage or pledge the property as security for
the payment of the purchase price.
(b) The board may sell, lease, or otherwise dispose of
property, including facilities or equipment, for the district.
Sale or other disposal under this subsection must be at a public
sale and at a price and on the terms the board determines are most
advantageous to the district.
(c) The board 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. (Acts 59th Leg., R.S., Ch.
172, Secs. 11(o), (p).)
Sec. 1072.108. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in real, personal, or mixed property located in
district territory if the interest is necessary or convenient for
the district to exercise a power or duty conferred on the district
by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding, the district is not
required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court; or
(2) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 59th Leg., R.S., Ch. 172,
Sec. 14.)
Sec. 1072.109. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board under the directions, limitations, or
other provisions prescribed in writing by the donor that are not
inconsistent with the proper management of the district. (Acts
59th Leg., R.S., Ch. 172, Sec. 11(h).)
Sec. 1072.110. CONSTRUCTION CONTRACTS. (a) The board may
enter into construction contracts for the district.
(b) A construction contract awarded by the district that
involves the expenditure of more than the amount provided by
Section 271.024, Local Government Code, must be competitively bid
as provided by Subchapter B, Chapter 271, Local Government Code.
(Acts 59th Leg., R.S., Ch. 172, Sec. 11(q) (part).)
Sec. 1072.111. OPERATING AND MANAGEMENT CONTRACTS. The
board may enter into an operating or management contract relating
to hospital services or medical care the district is authorized to
provide. (Acts 59th Leg., R.S., Ch. 172, Sec. 11(r).)
Sec. 1072.112. CONTRACTS WITH POLITICAL SUBDIVISIONS OR
GOVERNMENT AGENCIES FOR HOSPITAL AND MEDICAL CARE. The board may
contract with a municipality or other political subdivision or a
state or federal agency to provide hospital and medical care for
needy persons who reside outside the district. (Acts 59th Leg.,
R.S., Ch. 172, Sec. 11(i).)
Sec. 1072.113. PAYMENT FOR TREATMENT; PROCEDURES. (a) A
person who resides in the district is entitled to receive necessary
medical and hospital care regardless of whether the person has the
ability to pay for the care and may apply to receive this care
without cost.
(b) The board or the district administrator shall employ a
person to investigate the ability of the patient and any relative
who is liable for the patient's support to pay for the medical and
hospital care received by the patient.
(c) If the district determines that the patient or relative
legally liable for the patient's support cannot pay all or part of
the costs of the patient's care, the expense of the care becomes a
charge against the district.
(d) If the patient or a relative legally liable for the
patient's support can pay for all or part of the costs of the
patient's care, the board shall order the patient or relative to pay
to the district each week an amount specified in the order. The
amount must be proportionate to the person's ability to pay.
(e) The district administrator may collect the amount from
the patient's estate, or from any relative who is liable for the
patient's support, in the manner provided by law for the collection
of expenses of the last illness of a deceased person.
(f) If there is a dispute as to the ability to pay, the board
shall hold a hearing and, after calling witnesses, shall:
(1) determine the question; and
(2) make the proper order based on the board's
findings.
(g) A party to the hearing who is not satisfied with the
result of the order may appeal to the district court. The
substantial evidence rule applies to the appeal. (Acts 59th Leg.,
R.S., Ch. 172, Sec. 13.)
Sec. 1072.114. REIMBURSEMENT FOR SERVICE. (a) The board
shall require a county, municipal, or other public hospital located
outside the district to reimburse the district for the district's
care and treatment of a patient of that hospital as provided by
Chapter 61, Health and Safety Code.
(b) The board shall require the sheriff of Maverick County
or the police chief of a municipality in the district to reimburse
the district for the district's care and treatment of a person who
is confined in a jail facility of the county or municipality and is
not a resident of the district. (Acts 59th Leg., R.S., Ch. 172,
Sec. 11(j).)
Sec. 1072.115. CHARITABLE ORGANIZATION. (a) In this
section, "charitable organization" means an organization that is
exempt from federal income tax under Section 501(a) of the Internal
Revenue Code of 1986 by being listed as an exempt organization in
Section 501(c)(3) or 501(c)(4) of the code.
(b) The board may facilitate the achievement of district
purposes by creating a charitable organization to:
(1) provide or arrange for hospital and health care
services;
(2) develop resources for hospital and health care
services; and
(3) provide ancillary support services for the
district.
(c) A charitable organization created under this section is
a unit of local government for purposes of Chapter 101, Civil
Practice and Remedies Code. (Acts 59th Leg., R.S., Ch. 172, Secs.
11(s), (u).)
Sec. 1072.116. NONPROFIT CORPORATION. (a) The board, on
the district's behalf, may create and sponsor a nonprofit
corporation under the Business Organizations Code and may
contribute money to or solicit money for the corporation.
(b) The corporation may use money, other than money the
corporation pays to the district, only to provide health care or
other services the district is authorized to provide under this
chapter.
(c) The corporation may invest the corporation's money in
any manner in which the district may invest the district's money,
including investing money as authorized by Chapter 2256, Government
Code.
(d) The board shall establish adequate controls to ensure
that the corporation uses its money as required by this section.
(Acts 59th Leg., R.S., Ch. 172, Sec. 11(t).)
[Sections 1072.117-1072.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1072.151. BUDGET. The district administrator shall
prepare a proposed budget that includes:
(1) proposed expenditures and disbursements;
(2) estimated receipts and collections for the next
fiscal year; and
(3) the amount of taxes required to be imposed to meet
the proposed budget. (Acts 59th Leg., R.S., Ch. 172, Sec. 12(b).)
Sec. 1072.152. ADOPTION OF PROPOSED BUDGET: NOTICE AND
HEARING. (a) The board shall hold a public hearing on the proposed
budget.
(b) Notice of the hearing must be published at least once in
a newspaper of general circulation in the district not later than
the 10th day before the date of the hearing.
(c) Any district resident is entitled to:
(1) appear at the hearing; and
(2) be heard regarding any item in the proposed
budget.
(d) At the conclusion of the hearing, the board shall adopt
a budget for the district that includes any changes to the proposed
budget that the board determines are in the best interest of the
district. (Acts 59th Leg., R.S., Ch. 172, Secs. 12(c), (d), (e).)
Sec. 1072.153. FISCAL YEAR. The district's fiscal year is
from September 1 through August 31. (Acts 59th Leg., R.S., Ch. 172,
Sec. 12(a).)
Sec. 1072.154. ANNUAL AUDIT. (a) The board annually shall
require an independent audit of the district's books and records.
(b) Not later than January 1 of each year, the board shall:
(1) file a copy of the audit with the district; and
(2) provide a copy of the audit at each public library
located in the district. (Acts 59th Leg., R.S., Ch. 172, Sec.
11(d).)
Sec. 1072.155. DEPOSITORY. (a) The board by resolution
shall designate a bank in Maverick County as the district's
depository. A designated bank serves for two years and until a
successor is designated.
(b) All district money shall be deposited in the depository
and secured in the manner provided for securing county funds. (Acts
59th Leg., R.S., Ch. 172, Sec. 15.)
Sec. 1072.156. AUTHORITY TO BORROW MONEY; SECURITY. (a)
The board may borrow money at a rate of not more than 10 percent a
year on district notes to pay the obligations if the board declares
that money is not available to meet authorized district
obligations, which creates an emergency.
(b) To secure a loan, the board may pledge:
(1) district revenue that is not pledged to pay the
district's bonded indebtedness;
(2) a district tax to be imposed by the district in the
next 12-month period that is not pledged to pay the principal of or
interest on district bonds; or
(3) district bonds that have been authorized but not
sold.
(c) A loan for which taxes or bonds are pledged must mature
not later than the first anniversary of the date the loan is made. A
loan for which district revenue is pledged must mature not later
than the fifth anniversary of the date the loan is made.
(d) Money obtained from a loan under this section may be
spent only for:
(1) a purpose for which the board declared an
emergency; and
(2) if district taxes or bonds are pledged to pay the
loan, the purposes for which the taxes were imposed or the bonds
were authorized. (Acts 59th Leg., R.S., Ch. 172, Sec. 11A.)
[Sections 1072.157-1072.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1072.201. BONDS. The district may issue bonds to:
(1) purchase, construct, acquire, repair, or renovate
buildings or improvements; and
(2) equip buildings for hospital purposes. (Acts 59th
Leg., R.S., Ch. 172, Sec. 9(a) (part).)
Sec. 1072.202. TAX TO PAY GENERAL OBLIGATION BONDS. The
board may issue general obligation bonds only if the board imposes
an ad valorem tax at a rate sufficient to create an interest and
sinking fund to pay the principal of and interest on the bonds as
the bonds mature. (Acts 59th Leg., R.S., Ch. 172, Sec. 10(b).)
Sec. 1072.203. BOND ELECTION. (a) The board may issue
general obligation bonds only if the bonds are authorized by a
majority of district voters voting in an election held for that
purpose.
(b) The board may order a bond election at any time.
(c) The order calling an election must include:
(1) the time of the election;
(2) the location of the polling places;
(3) the form of the ballot;
(4) the presiding judge for each polling place;
(5) the purpose of the bond issuance;
(6) the amount of the bonds to be authorized;
(7) the maximum interest rate of the bonds; and
(8) the maximum maturity of the bonds.
(d) A substantial copy of the election order shall be
published in a newspaper of general circulation in the district
once a week for two consecutive weeks before the date of the
election. The first notice must be published at least 14 days
before the date of the election.
(e) A copy of the election results must be filed with the
county clerk and become a public record. (Acts 59th Leg., R.S., Ch.
172, Secs. 4(c), (d), (e) (part), 9(a) (part), (b), (d) (part).)
Sec. 1072.204. REVENUE BONDS. (a) The district may issue
revenue bonds to:
(1) acquire, construct, repair, renovate, or equip
buildings or improvements for hospital purposes; or
(2) acquire real property for district purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospital system.
(c) The bonds must be issued in the manner provided by
Sections 264.042, 264.043, 264.044, 264.045, 264.046, 264.047,
264.048, and 264.049, Health and Safety Code, for issuance of
revenue bonds by a county hospital authority. (Acts 59th Leg.,
R.S., Ch. 172, Secs. 10(d), (e), (f).)
Sec. 1072.205. REFUNDING BONDS. (a) The board may issue
refunding bonds to refund outstanding indebtedness issued or
assumed by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the bond applied to the
payment of the outstanding indebtedness; or
(2) exchanged wholly or partly for not less than a
similar principal amount of outstanding indebtedness. (Acts 59th
Leg., R.S., Ch. 172, Sec. 10(g) (part).)
Sec. 1072.206. MATURITY OF BONDS. District bonds must
mature not later than 50 years after the date of issuance. (Acts
59th Leg., R.S., Ch. 172, Sec. 9(c) (part).)
Sec. 1072.207. EXECUTION OF BONDS. (a) The board president
shall execute the district's bonds in the district's name.
(b) The board secretary shall countersign the bonds. (Acts
59th Leg., R.S., Ch. 172, Sec. 10(a) (part).)
Sec. 1072.208. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) any transaction relating to the bonds; and
(3) profits made in the sale of the bonds. (Acts 59th
Leg., R.S., Ch. 172, Sec. 10(j) (part).)
[Sections 1072.209-1072.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1072.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The tax may be used only to:
(1) pay the interest on and create a sinking fund for
bonds issued under this chapter;
(2) provide for the operation and maintenance of the
district and hospital system;
(3) make improvements and additions to the hospital
system;
(4) acquire sites for additions to the hospital
system; and
(5) pay the indebtedness issued or assumed by the
district. (Acts 59th Leg., R.S., Ch. 172, Secs. 8(a) (part), (c).)
Sec. 1072.252. TAX RATE. The board may impose the tax at a
rate not to exceed 50 cents on each $100 valuation of all taxable
property in the district. (Acts 59th Leg., R.S., Ch. 172, Sec. 8(a)
(part).)
Sec. 1072.253. TAX ASSESSOR-COLLECTOR. The tax
assessor-collector for Maverick County shall collect taxes for the
district. (Acts 59th Leg., R.S., Ch. 172, Sec. 8(d) (part).)
CHAPTER 1073. NORTH RUNNELS COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1073.001. DEFINITIONS
Sec. 1073.002. AUTHORITY FOR CREATION
Sec. 1073.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1073.004. DISTRICT TERRITORY
Sec. 1073.005. CORRECTION OF INVALID PROCEDURES
Sec. 1073.006. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1073.007. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1073.008-1073.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1073.051. BOARD ELECTION; TERM
Sec. 1073.052. NOTICE OF ELECTION
Sec. 1073.053. QUALIFICATIONS FOR OFFICE
Sec. 1073.054. BOND
Sec. 1073.055. BOARD VACANCY
Sec. 1073.056. OFFICERS
Sec. 1073.057. COMPENSATION; EXPENSES
Sec. 1073.058. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR
Sec. 1073.059. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1073.060. APPOINTMENT, DISMISSAL, AND RECRUITMENT
OF STAFF AND EMPLOYEES
Sec. 1073.061. PERSONNEL CONTRACTS
Sec. 1073.062. SENIORITY
Sec. 1073.063. RETIREMENT BENEFITS
[Sections 1073.064-1073.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1073.101. DISTRICT RESPONSIBILITY
Sec. 1073.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1073.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1073.104. HOSPITAL SYSTEM
Sec. 1073.105. RULES
Sec. 1073.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1073.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1073.108. EMINENT DOMAIN
Sec. 1073.109. GIFTS AND ENDOWMENTS
Sec. 1073.110. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1073.111. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR HOSPITALIZATION AND TREATMENT
Sec. 1073.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR INVESTIGATORY OR OTHER SERVICES
Sec. 1073.113. BIDDING REQUIREMENTS
Sec. 1073.114. PROVISION OF SERVICES OUTSIDE DISTRICT
Sec. 1073.115. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1073.116. AUTHORITY TO SUE AND BE SUED
[Sections 1073.117-1073.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1073.151. BUDGET
Sec. 1073.152. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1073.153. AMENDMENTS TO BUDGET
Sec. 1073.154. RESTRICTION ON EXPENDITURES
Sec. 1073.155. FISCAL YEAR
Sec. 1073.156. ANNUAL AUDIT
Sec. 1073.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS
Sec. 1073.158. FINANCIAL REPORT
Sec. 1073.159. DEPOSITORY
Sec. 1073.160. SPENDING AND INVESTMENT RESTRICTIONS
Sec. 1073.161. AUTHORITY TO BORROW MONEY; SECURITY
[Sections 1073.162-1073.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1073.201. GENERAL OBLIGATION BONDS
Sec. 1073.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1073.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1073.204. REVENUE BONDS
Sec. 1073.205. REFUNDING BONDS
Sec. 1073.206. MATURITY OF BONDS
Sec. 1073.207. EXECUTION OF BONDS
Sec. 1073.208. BONDS EXEMPT FROM TAXATION
[Sections 1073.209-1073.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1073.251. IMPOSITION OF AD VALOREM TAX
Sec. 1073.252. TAX RATE
Sec. 1073.253. TAX ASSESSOR-COLLECTOR
[Sections 1073.254-1073.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION
Sec. 1073.301. DISSOLUTION; ELECTION
Sec. 1073.302. NOTICE OF ELECTION
Sec. 1073.303. BALLOT
Sec. 1073.304. ELECTION RESULTS
Sec. 1073.305. TRANSFER OR ADMINISTRATION OF ASSETS
Sec. 1073.306. SALE OR TRANSFER OF ASSETS AND
LIABILITIES
Sec. 1073.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
TAXES
Sec. 1073.308. REPORT; DISSOLUTION ORDER
CHAPTER 1073. NORTH RUNNELS COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1073.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the North Runnels County Hospital
District. (New.)
Sec. 1073.002. AUTHORITY FOR CREATION. The North Runnels
County Hospital District is created under the authority of Section
9, Article IX, Texas Constitution, and has the rights, powers, and
duties provided by this chapter. (Acts 61st Leg., R.S., Ch. 206,
Sec. 1 (part).)
Sec. 1073.003. ESSENTIAL PUBLIC FUNCTION. The district
performs an essential public function in carrying out the purposes
of this chapter. (Acts 61st Leg., R.S., Ch. 206, Sec. 23 (part).)
Sec. 1073.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of County
Commissioners Precincts 2 and 3 of Runnels County as those
boundaries existed on January 1, 1969. (Acts 61st Leg., R.S., Ch.
206, Sec. 1 (part).)
Sec. 1073.005. CORRECTION OF INVALID PROCEDURES. If a
court holds that any procedure under this chapter violates the
constitution of this state or of the United States, the district by
resolution may provide an alternative procedure that conforms with
the constitution. (Acts 61st Leg., R.S., Ch. 206, Sec. 24 (part).)
Sec. 1073.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state. (Acts 61st
Leg., R.S., Ch. 206, Sec. 22 (part).)
Sec. 1073.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 61st Leg., R.S., Ch. 206, Sec. 22 (part).)
[Sections 1073.008-1073.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1073.051. BOARD ELECTION; TERM. (a) The board
consists of seven directors elected from the district.
(b) Unless four-year terms are established under Section
285.081, Health and Safety Code:
(1) directors serve two-year terms; and
(2) a directors' election shall be held on the uniform
election date in May of each year.
(c) The election order must state the time, place, and
purpose of the election. (Acts 61st Leg., R.S., Ch. 206, Secs.
4(a), (b) (part).)
Sec. 1073.052. NOTICE OF ELECTION. Not earlier than the
30th day or later than the 10th day before the date of an election of
directors, notice of the election shall be published one time in a
newspaper or newspapers that individually or collectively have
general circulation in the district. (Acts 61st Leg., R.S., Ch.
206, Sec. 4(b) (part).)
Sec. 1073.053. QUALIFICATIONS FOR OFFICE. (a) A person may
not be appointed as a director unless the person is:
(1) a resident of the district; and
(2) a qualified voter.
(b) A person is not eligible to serve as a director if the
person is:
(1) the district administrator;
(2) a district employee; or
(3) a member of the hospital staff. (Acts 61st Leg.,
R.S., Ch. 206, Sec. 4(c).)
Sec. 1073.054. BOND. (a) The board may require all
district officers and employees charged with handling money to
furnish a good bond for not less than $5,000 that is:
(1) payable to the district;
(2) conditioned on the faithful performance of the
officer's or employee's duties; and
(3) signed by a surety company authorized to do
business in this state.
(b) The board may pay for the bond with district money.
(c) The district shall pay the premiums on the bond. (Acts
61st Leg., R.S., Ch. 206, Sec. 4(b) (part).)
Sec. 1073.055. BOARD VACANCY. If a vacancy occurs in the
office of director, the remaining directors shall appoint a
director for the unexpired term. (Acts 61st Leg., R.S., Ch. 206,
Sec. 4(b) (part).)
Sec. 1073.056. OFFICERS. (a) The board shall elect a
president and a vice president from among its members.
(b) The board shall appoint a secretary, who need not be a
director.
(c) Each officer of the board serves for a term of one year.
(d) The board shall fill a vacancy in a board office for the
unexpired term. (Acts 61st Leg., R.S., Ch. 206, Sec. 4(d) (part).)
Sec. 1073.057. COMPENSATION; EXPENSES. A director or
officer serves without compensation but may be reimbursed for
actual expenses incurred in the performance of official duties.
The expenses must be:
(1) reported in the district's records; and
(2) approved by the board. (Acts 61st Leg., R.S., Ch.
206, Sec. 4(d) (part).)
Sec. 1073.058. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR. (a) The board may appoint a qualified person as
district administrator.
(b) The board may appoint one or more assistant
administrators.
(c) The district administrator and any assistant
administrator serve at the will of the board and are entitled to the
compensation determined by the board.
(d) Before assuming the duties of district administrator,
the board may require the administrator to execute a bond payable to
the district in an amount set by the board of not less than $5,000
that:
(1) is conditioned on the faithful performance of the
administrator's duties; and
(2) contains other conditions the board may require.
(e) The board may pay for the bond with district money.
(Acts 61st Leg., R.S., Ch. 206, Sec. 5(b) (part).)
Sec. 1073.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 61st
Leg., R.S., Ch. 206, Sec. 5(b) (part).)
Sec. 1073.060. APPOINTMENT, DISMISSAL, AND RECRUITMENT OF
STAFF AND EMPLOYEES. (a) The board, with the district
administrator, may appoint doctors to or dismiss doctors from the
staff as considered necessary for the efficient operation of the
district and may make temporary appointments as warranted.
(b) The district may employ fiscal agents, accountants,
architects, and attorneys the board considers proper.
(c) The board may delegate to the district administrator the
authority to hire district employees, including technicians and
nurses.
(d) The board may spend district money to recruit
physicians, nurses, and other trained medical personnel. The board
may pay the tuition or other expenses of a full-time medical student
or other student in a health occupation who:
(1) is enrolled in and is in good standing at an
accredited medical school, college, or university; and
(2) contractually agrees to become a district employee
or independent contractor in return for that assistance. (Acts
61st Leg., R.S., Ch. 206, Secs. 5(b) (part), (h), 18.)
Sec. 1073.061. PERSONNEL CONTRACTS. (a) The board may
contract to provide administrative or other personnel for the
operation of hospital facilities.
(b) The term of a contract may not exceed 25 years. (Acts
61st Leg., R.S., Ch. 206, Sec. 5(f) (part).)
Sec. 1073.062. SENIORITY. The board may:
(1) adopt rules related to the seniority of district
employees, including rules for a retirement plan based on
seniority; and
(2) give effect to previous years of service for
district employees continuously employed in the operation or
management of hospital facilities acquired or constructed by the
district. (Acts 61st Leg., R.S., Ch. 206, Sec. 5(a) (part).)
Sec. 1073.063. RETIREMENT BENEFITS. The board may provide
retirement benefits for district employees by:
(1) establishing or administering a retirement
program; or
(2) participating in:
(A) the Texas County and District Retirement
System; or
(B) another statewide retirement system in which
the district is eligible to participate. (Acts 61st Leg., R.S., Ch.
206, Sec. 5(g).)
[Sections 1073.064-1073.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1073.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for:
(1) operating all hospital facilities for providing
medical and hospital care for the district's needy inhabitants; and
(2) providing medical and hospital care for the
district's needy inhabitants. (Acts 61st Leg., R.S., Ch. 206,
Secs. 2 (part), 21 (part).)
Sec. 1073.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision that is located within
the district or that has the same boundaries as the district may not
impose a tax or issue bonds or other obligations for hospital
purposes or to provide medical care. (Acts 61st Leg., R.S., Ch.
206, Sec. 21 (part).)
Sec. 1073.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer:
(1) the hospital and hospital system; and
(2) the district's business, money, and resources.
(Acts 61st Leg., R.S., Ch. 206, Sec. 5(a) (part).)
Sec. 1073.104. HOSPITAL SYSTEM. (a) The district shall
provide for the establishment, administration, maintenance,
operation, and financing of a hospital system, including any
component specified by Subsection (b) or a service or facility
specified by Subsection (c), by:
(1) purchasing, constructing, acquiring, repairing,
or renovating buildings and equipment;
(2) equipping the buildings; and
(3) administering the system, service, or facility for
hospital purposes.
(b) The hospital system may include:
(1) a medical care system;
(2) rural health clinics;
(3) outpatient clinics and facilities for outpatient
clinics;
(4) nursing homes;
(5) home health services;
(6) facilities for domiciliary care of the sick,
injured, or geriatric;
(7) pharmacies;
(8) convalescent home facilities;
(9) necessary nurses domiciliaries and training
centers;
(10) blood banks;
(11) community mental health centers;
(12) research centers or laboratories; and
(13) any other facilities the board considers
necessary for hospital care.
(c) The district may provide any services or facilities
necessary for:
(1) hospital agencies;
(2) extended care facilities; and
(3) assisted living or personal care facilities,
including retirement benefits, housing, and medical office
buildings. (Acts 61st Leg., R.S., Ch. 206, Secs. 2 (part), 11
(part).)
Sec. 1073.105. RULES. The board may adopt rules governing
the operation of the hospital, the hospital system, and the
district's staff and employees. (Acts 61st Leg., R.S., Ch. 206,
Sec. 5(a) (part).)
Sec. 1073.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures. (Acts 61st
Leg., R.S., Ch. 206, Sec. 12 (part).)
Sec. 1073.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine the type, number, and
location of buildings required to maintain an adequate hospital
system.
(b) The board may:
(1) purchase or lease property, including facilities
and equipment, for the district to use in the hospital system; and
(2) mortgage or pledge the property as security for
the payment of the purchase price.
(c) The board may lease district hospital facilities to
individuals, corporations, or other legal entities.
(d) The board may sell or otherwise dispose of the
district's property, including facilities and equipment. (Acts
61st Leg., R.S., Ch. 206, Secs. 5(e), (f) (part), 11 (part).)
Sec. 1073.108. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property located in district
territory if the interest is necessary for the district to exercise
a power, right, or privilege conferred by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021, Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 61st Leg., R.S., Ch. 206,
Sec. 16.)
Sec. 1073.109. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 61st Leg., R.S., Ch. 206,
Sec. 20.)
Sec. 1073.110. OPERATING AND MANAGEMENT CONTRACTS. The
board may enter into an operating or management contract relating
to a district facility. (Acts 61st Leg., R.S., Ch. 206, Sec. 11
(part).)
Sec. 1073.111. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
HOSPITALIZATION AND TREATMENT. (a) The board may contract with a
county or municipality located outside the district's boundaries
for the hospitalization of a sick or injured person of that county
or municipality.
(b) The district may contract with this state or a federal
agency for the hospital treatment of a sick or injured person.
(Acts 61st Leg., R.S., Ch. 206, Sec. 5(c) (part).)
Sec. 1073.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
INVESTIGATORY OR OTHER SERVICES. The board may contract with a
political subdivision or governmental agency for the district to
provide investigatory or other services for the hospital or welfare
needs of district inhabitants. (Acts 61st Leg., R.S., Ch. 206, Sec.
5(c) (part).)
Sec. 1073.113. BIDDING REQUIREMENTS. The district shall
comply with the bidding requirements prescribed by Chapter 271,
Local Government Code. (Acts 61st Leg., R.S., Ch. 206, Sec. 12
(part).)
Sec. 1073.114. PROVISION OF SERVICES OUTSIDE DISTRICT. The
district may provide services outside the district's boundaries.
(Acts 61st Leg., R.S., Ch. 206, Sec. 5(j).)
Sec. 1073.115. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a patient who resides in the district is admitted to a district
facility, the district administrator may have an inquiry made into
the circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives cannot pay all or part of the costs of
the care and treatment in the hospital, the amount of the costs that
cannot be paid becomes a charge against the district.
(c) If the district administrator determines that the
patient or those relatives can pay for all or part of the costs of
the patient's care and treatment, the patient or those relatives
shall be ordered to pay the district a specified amount each week
for the patient's care and support. The amount ordered must be
proportionate to the person's financial ability.
(d) The district administrator may collect the amount from
the estate of the patient, or from any relative who is legally
liable for the patient's support, in the manner provided by law for
the collection of expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay, or doubt
in the mind of the district administrator, the board shall hold a
hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue any appropriate orders.
(f) A final order of the board may be appealed to the
district court. The substantial evidence rule applies to the
appeal. (Acts 61st Leg., R.S., Ch. 206, Sec. 19.)
Sec. 1073.116. AUTHORITY TO SUE AND BE SUED. (a) The
district, through the board, may sue and be sued.
(b) The district is entitled to all causes of action and
defenses to which similar authorities are entitled. (Acts 61st
Leg., R.S., Ch. 206, Sec. 5(a) (part).)
[Sections 1073.117-1073.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1073.151. BUDGET. (a) The district administrator
shall prepare an annual budget for approval by the board.
(b) The proposed budget must contain a complete financial
statement of:
(1) the outstanding obligations of the district;
(2) the cash on hand in each district fund;
(3) the money received by the district from all
sources during the previous year;
(4) the money available to the district from all
sources during the ensuing year;
(5) the balances expected at the end of the year in
which the budget is being prepared;
(6) the estimated revenue and balances available to
cover the proposed budget;
(7) the estimated tax rate required; and
(8) the proposed expenditures and disbursements and
the estimated receipts and collections for the following fiscal
year. (Acts 61st Leg., R.S., Ch. 206, Sec. 6 (part).)
Sec. 1073.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual budget.
(b) The board shall publish notice of the hearing in
accordance with Chapter 551, Government Code.
(c) Any district resident is entitled to be present and
participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the district
administrator. The board may make any changes in the proposed
budget that the board judges to be in the interests of the
district's residents and that the law warrants. (Acts 61st Leg.,
R.S., Ch. 206, Sec. 6 (part).)
Sec. 1073.153. AMENDMENTS TO BUDGET. The budget may be
amended as required by circumstances. The board must approve all
amendments. (Acts 61st Leg., R.S., Ch. 206, Sec. 6 (part).)
Sec. 1073.154. RESTRICTION ON EXPENDITURES. Money may be
spent only for an expense included in the budget or an amendment to
the budget. (Acts 61st Leg., R.S., Ch. 206, Sec. 6 (part).)
Sec. 1073.155. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) when revenue bonds of the district are
outstanding; or
(2) more than once in a 24-month period. (Acts 61st
Leg., R.S., Ch. 206, Sec. 6 (part).)
Sec. 1073.156. ANNUAL AUDIT. The board annually shall have
an audit made of the district's financial condition. (Acts 61st
Leg., R.S., Ch. 206, Sec. 6 (part).)
Sec. 1073.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS. The annual audit and other district records shall be open
to inspection at the district's principal office. (Acts 61st Leg.,
R.S., Ch. 206, Sec. 6 (part).)
Sec. 1073.158. FINANCIAL REPORT. As soon as practicable
after the close of each fiscal year, the district administrator
shall prepare for the board:
(1) a complete sworn statement of all district money;
and
(2) a complete account of the disbursements of that
money. (Acts 61st Leg., R.S., Ch. 206, Sec. 6 (part).)
Sec. 1073.159. DEPOSITORY. (a) The board shall select one
or more banks to serve as a depository for district money.
(b) District money, other than money invested as provided by
Section 1073.160(b), and money transmitted to a bank for payment of
bonds or obligations issued by the district, shall be deposited as
received with the depository bank and shall remain on deposit.
(c) This chapter, including Subsection (b), does not limit
the power of the board to place a part of district money on time
deposit or to purchase certificates of deposit.
(d) Membership on the district's board of an officer or
director of a bank does not disqualify the bank from being
designated as a depository bank. (Acts 61st Leg., R.S., Ch. 206,
Sec. 13.)
Sec. 1073.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as otherwise provided by this chapter, the district may not
incur an obligation payable from district revenue other than the
revenue on hand or to be on hand in the current and following
district fiscal years.
(b) The board may invest operating, depreciation, or
building reserves only in securities described by Subchapter A,
Chapter 1505, Government Code, or in accordance with Chapter 2256,
Government Code. (Acts 61st Leg., R.S., Ch. 206, Secs. 5(a) (part),
12 (part).)
Sec. 1073.161. AUTHORITY TO BORROW MONEY; SECURITY. (a)
The board may borrow money at a rate not to exceed the maximum
annual percentage rate allowed by law for district obligations at
the time the loan is made.
(b) To secure a loan, the board may pledge:
(1) district revenue that is not pledged to pay the
district's bonded indebtedness;
(2) a district tax to be imposed by the district in the
next 12-month period following the date of the pledge that is not
pledged to pay the principal of or interest on district bonds; or
(3) district bonds that have been authorized but not
sold.
(c) A loan for which taxes or bonds are pledged must mature
not later than the first anniversary of the date the loan is made. A
loan for which district revenue is pledged must mature not later
than the fifth anniversary of the date the loan is made. (Acts 61st
Leg., R.S., Ch. 206, Sec. 20a.)
[Sections 1073.162-1073.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1073.201. GENERAL OBLIGATION BONDS. The board may
issue general obligation bonds in the name and on the faith and
credit of the district to:
(1) purchase, construct, acquire, repair, or renovate
buildings or improvements;
(2) equip buildings or improvements for hospital
purposes; or
(3) acquire and operate a mobile emergency medical or
air ambulance service. (Acts 61st Leg., R.S., Ch. 206, Sec. 9(a).)
Sec. 1073.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1073.201, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed the
rate approved by the voters at the election authorizing the
imposition of the tax. (Acts 61st Leg., R.S., Ch. 206, Sec. 9(b)
(part).)
Sec. 1073.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters voting at an
election held for that purpose.
(b) The board may order a bond election. The order calling
the election must specify:
(1) the nature and date of the election;
(2) the hours during which the polls will be open;
(3) the location of the polling places;
(4) the amount of the bonds to be authorized; and
(5) the maximum maturity of the bonds.
(c) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code.
(d) The board shall declare the results of the election.
(Acts 61st Leg., R.S., Ch. 206, Sec. 9(b) (part).)
Sec. 1073.204. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) purchase, construct, acquire, repair, renovate,
or equip buildings or improvements for hospital purposes;
(2) acquire sites to be used for hospital purposes; or
(3) acquire and operate a mobile emergency medical or
air ambulance service.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospitals.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner and in accordance
with the procedures and requirements prescribed by Sections
264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
and Safety Code, for issuance of revenue bonds by a county hospital
authority. (Acts 61st Leg., R.S., Ch. 206, Secs. 9(c), 10 (part).)
Sec. 1073.205. REFUNDING BONDS. (a) The board may issue
refunding bonds to refund outstanding bonds issued by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bonds
applied to the payment of the outstanding indebtedness; or
(2) exchanged wholly or partly for not less than a
similar principal amount of outstanding indebtedness. (Acts 61st
Leg., R.S., Ch. 206, Secs. 9(d) (part), 10 (part).)
Sec. 1073.206. MATURITY OF BONDS. District bonds must
mature not later than 40 years after the date of issuance. (Acts
61st Leg., R.S., Ch. 206, Sec. 9(e) (part).)
Sec. 1073.207. EXECUTION OF BONDS. (a) The board president
shall execute district bonds in the district's name.
(b) The board secretary shall countersign district bonds in
the manner provided by Chapter 618, Government Code. (Acts 61st
Leg., R.S., Ch. 206, Sec. 9(e) (part).)
Sec. 1073.208. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued or assumed by the district;
(2) the transfer and issuance of the bonds; or
(3) profits made in the sale of the bonds. (Acts 61st
Leg., R.S., Ch. 206, Sec. 23 (part).)
[Sections 1073.209-1073.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1073.251. IMPOSITION OF AD VALOREM TAX. (a) The board
may impose a tax on all property in the district subject to district
taxation.
(b) The board may impose the tax to:
(1) pay the interest on and create a sinking fund for
bonds and other obligations issued or assumed by the district for
hospital purposes;
(2) provide for the operation and maintenance of the
district and hospital system;
(3) make improvements and additions to the hospital
system; and
(4) acquire necessary sites for the hospital system by
purchase, lease, or condemnation.
(c) The board may not impose a tax to pay the principal of or
interest on revenue bonds. (Acts 61st Leg., R.S., Ch. 206, Secs. 14
(part), 17(b) (part).)
Sec. 1073.252. TAX RATE. (a) The board may impose the tax
at a rate not to exceed the limit approved by the voters at the
election authorizing the imposition of the tax.
(b) The tax rate for all purposes may not exceed 75 cents on
each $100 valuation of all taxable property in the district.
(c) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 61st
Leg., R.S., Ch. 206, Secs. 14 (part), 17(b) (part).)
Sec. 1073.253. TAX ASSESSOR-COLLECTOR. The board may
provide for the appointment of a tax assessor-collector for the
district or may contract for the assessment and collection of taxes
as provided by the Tax Code. (Acts 61st Leg., R.S., Ch. 206, Sec.
17(b) (part).)
[Sections 1073.254-1073.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION
Sec. 1073.301. DISSOLUTION; ELECTION. (a) The district
may be dissolved only on approval of a majority of the district
voters voting in an election held for that purpose.
(b) The board may order an election on the question of
dissolving the district and disposing of the district's assets and
obligations.
(c) The board shall order an election if the board receives
a petition requesting an election that is signed by a number of
district residents equal to at least 15 percent of the registered
voters in the district.
(d) The order calling the election must state:
(1) the nature of the election, including the
proposition to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(e) Section 41.001(a), Election Code, does not apply to an
election ordered under this section. (Acts 61st Leg., R.S., Ch.
206, Secs. 20b(a), (b), (c) (part).)
Sec. 1073.302. NOTICE OF ELECTION. (a) The board shall
give notice of an election under this subchapter by publishing once
a week for two consecutive weeks a substantial copy of the election
order in a newspaper with general circulation in the district.
(b) The first publication of the notice must appear not
later than the 35th day before the date set for the election. (Acts
61st Leg., R.S., Ch. 206, Sec. 20b(d) (part).)
Sec. 1073.303. BALLOT. The ballot for an election under
this subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the North Runnels County Hospital
District." (Acts 61st Leg., R.S., Ch. 206, Sec. 20b(d) (part).)
Sec. 1073.304. ELECTION RESULTS. (a) If a majority of the
votes in an election under this subchapter favor dissolution, the
board shall find that the district is dissolved.
(b) If a majority of the votes in the election do not favor
dissolution, the board shall continue to administer the district
and another election on the question of dissolution may not be held
before the first anniversary of the date of the most recent election
to dissolve the district. (Acts 61st Leg., R.S., Ch. 206, Sec.
20b(e).)
Sec. 1073.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
If a majority of the votes in the election held under this
subchapter favor dissolution, the board shall:
(1) transfer the land, buildings, improvements,
equipment, and other assets that belong to the district to Runnels
County or another governmental entity in Runnels County; or
(2) administer the property, assets, and debts until
all money has been disposed of and all district debts have been paid
or settled.
(b) If the board makes the transfer under Subsection (a)(1),
the county or entity assumes all debts and obligations of the
district at the time of the transfer and the district is dissolved.
(Acts 61st Leg., R.S., Ch. 206, Secs. 20b(f), (g).)
Sec. 1073.306. SALE OR TRANSFER OF ASSETS AND LIABILITIES.
(a) Notwithstanding any other provision of this chapter, the
district may not be dissolved unless the board provides for the sale
or transfer of the district's assets and liabilities to another
person.
(b) The dissolution of the district and the sale or transfer
of the district's assets or liabilities may not contravene a trust
indenture or bond resolution relating to the district's outstanding
bonds. The dissolution and sale or transfer does not diminish or
impair the rights of a holder of an outstanding bond, warrant, or
other obligation of the district.
(c) The sale or transfer of the district's assets and
liabilities must satisfy the debt and bond obligations of the
district in a manner that protects the interests of district
residents, including the residents' collective property rights in
the district's assets.
(d) The district may not transfer or dispose of the
district's assets except for due compensation unless:
(1) the transfer is made to another governmental
entity that serves the district; and
(2) the transferred assets are to be used for the
benefit of the district's residents.
(e) A grant from federal funds is an obligation to be repaid
in satisfaction. (Acts 61st Leg., R.S., Ch. 206, Secs. 20b(m),
(n).)
Sec. 1073.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
TAXES. (a) After the board finds that the district is dissolved,
the board shall:
(1) determine the debt owed by the district; and
(2) impose on the property included in the district's
tax rolls a tax that is in proportion of the debt to the property
value.
(b) On the payment of all outstanding debts and obligations
of the district, the board shall order the secretary to return to
each district taxpayer the taxpayer's pro rata share of all unused
tax money.
(c) A taxpayer may request that the taxpayer's share of
surplus tax money be credited to the taxpayer's county taxes. If a
taxpayer requests the credit, the board shall direct the secretary
to transmit the money to the county tax assessor-collector. (Acts
61st Leg., R.S., Ch. 206, Secs. 20b(h), (i), (j).)
Sec. 1073.308. REPORT; DISSOLUTION ORDER. (a) After the
district has paid all district debts and has disposed of all
district money and other assets as prescribed by this subchapter,
the board shall file a written report with the Commissioners Court
of Runnels County summarizing the board's actions in dissolving the
district.
(b) Not later than the 10th day after the date the
Commissioners Court of Runnels County receives the report and
determines that the requirements of this subchapter have been
fulfilled, the commissioners court shall enter an order dissolving
the district and releasing the board from any further duty or
obligation. (Acts 61st Leg., R.S., Ch. 206, Secs. 20b(k), (l).)
CHAPTER 1077. GAINESVILLE HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1077.001. DEFINITIONS
Sec. 1077.002. AUTHORITY FOR OPERATION
Sec. 1077.003. POLITICAL SUBDIVISION
Sec. 1077.004. DISTRICT TERRITORY
Sec. 1077.005. PUBLIC PURPOSE; TAX EXEMPTION
Sec. 1077.006. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1077.007. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1077.008-1077.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1077.051. BOARD ELECTION; TERM
Sec. 1077.052. NOTICE OF ELECTION
Sec. 1077.053. QUALIFICATIONS FOR OFFICE
Sec. 1077.054. MEETING ATTENDANCE REQUIREMENT
Sec. 1077.055. BOARD VACANCY
Sec. 1077.056. OFFICERS
Sec. 1077.057. COMPENSATION; EXPENSES
Sec. 1077.058. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR
Sec. 1077.059. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1077.060. APPOINTMENT AND DISMISSAL OF STAFF AND
EMPLOYEES
Sec. 1077.061. PERSONNEL CONTRACTS
Sec. 1077.062. RETIREMENT BENEFITS
[Sections 1077.063-1077.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1077.101. DISTRICT RESPONSIBILITY
Sec. 1077.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1077.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1077.104. RULES
Sec. 1077.105. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1077.106. DISTRICT PROPERTY, FACILITIES,
EQUIPMENT, AND SERVICES
Sec. 1077.107. EMINENT DOMAIN
Sec. 1077.108. GIFTS AND ENDOWMENTS
Sec. 1077.109. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR CARE AND TREATMENT
Sec. 1077.110. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1077.111. AUTHORITY TO SUE AND BE SUED
[Sections 1077.112-1077.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1077.151. BUDGET
Sec. 1077.152. PROPOSED BUDGET; NOTICE AND HEARING
Sec. 1077.153. FISCAL YEAR
Sec. 1077.154. AUDIT
Sec. 1077.155. FINANCIAL REPORT
Sec. 1077.156. DEPOSITORY
[Sections 1077.157-1077.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1077.201. BONDS
Sec. 1077.202. TAX TO PAY BONDS
Sec. 1077.203. BOND ELECTION
Sec. 1077.204. REVENUE BONDS
Sec. 1077.205. MATURITY OF TAX BONDS
Sec. 1077.206. EXECUTION OF BONDS
[Sections 1077.207-1077.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1077.251. IMPOSITION OF AD VALOREM TAX
Sec. 1077.252. TAX RATE
Sec. 1077.253. TAX ASSESSOR-COLLECTOR
CHAPTER 1077. GAINESVILLE HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1077.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Gainesville Hospital
District. (New.)
Sec. 1077.002. AUTHORITY FOR OPERATION. The Gainesville
Hospital District operates in accordance with Section 9, Article
IX, Texas Constitution. (Acts 64th Leg., R.S., Ch. 211, Sec. 1
(part).)
Sec. 1077.003. POLITICAL SUBDIVISION. The district is a
political subdivision of this state. (Acts 64th Leg., R.S., Ch.
211, Sec. 17 (part).)
Sec. 1077.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Cooke County,
Texas, except that the district does not include territory located
in the Muenster Hospital District on the date the election to
approve the creation of the Gainesville Hospital District was
called. (Acts 64th Leg., R.S., Ch. 211, Sec. 1 (part).)
Sec. 1077.005. PUBLIC PURPOSE; TAX EXEMPTION. All property
owned by the district:
(1) shall be held for public purposes; and
(2) is exempt from taxation of every character by this
state or a political subdivision of this state. (Acts 64th Leg.,
R.S., Ch. 211, Sec. 17 (part).)
Sec. 1077.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state. (Acts 64th
Leg., R.S., Ch. 211, Sec. 18 (part).)
Sec. 1077.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 64th Leg., R.S., Ch. 211, Sec. 18 (part).)
[Sections 1077.008-1077.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1077.051. BOARD ELECTION; TERM. (a) The district is
governed by a board of nine directors.
(b) Directors serve staggered three-year terms.
(c) An election shall be held on the uniform election date
in May of each year to elect the appropriate number of directors.
(Acts 64th Leg., R.S., Ch. 211, Secs. 4(a), (b), (c) (part).)
Sec. 1077.052. NOTICE OF ELECTION. Notice of an election of
directors shall be published in a newspaper of general circulation
in the area of the district in accordance with Section 4.003,
Election Code. (Acts 64th Leg., R.S., Ch. 211, Sec. 4(c) (part).)
Sec. 1077.053. QUALIFICATIONS FOR OFFICE. To be qualified
to hold office as a director, a person must be:
(1) a resident of the district; and
(2) a registered voter. (Acts 64th Leg., R.S., Ch.
211, Sec. 4(g).)
Sec. 1077.054. MEETING ATTENDANCE REQUIREMENT. (a) A
director who fails to attend at least four regular meetings in any
12-month period is considered to have resigned the director's
position, effective immediately on the date of the fourth absence.
Further action is not required by the director or the board to
effectuate a vacancy under this subsection.
(b) A vacancy created by a resignation under this section
shall be filled as provided by Section 1077.055. (Acts 64th Leg.,
R.S., Ch. 211, Sec. 4(e).)
Sec. 1077.055. BOARD VACANCY. If a vacancy occurs in the
office of director, the remaining directors by majority vote shall
appoint a director for the unexpired term. (Acts 64th Leg., R.S.,
Ch. 211, Sec. 4(d).)
Sec. 1077.056. OFFICERS. The board shall elect from among
its members a president, vice president, secretary, and other
officers as in the judgment of the board are necessary. (Acts 64th
Leg., R.S., Ch. 211, Sec. 4(h).)
Sec. 1077.057. COMPENSATION; EXPENSES. A director is not
entitled to compensation but is entitled to receive actual expenses
incurred in attending to district business on approval of the
expenses by the remainder of the board. (Acts 64th Leg., R.S., Ch.
211, Sec. 4(f).)
Sec. 1077.058. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR. (a) The board shall appoint a qualified person as
district administrator.
(b) The board may appoint an assistant administrator.
(c) The district administrator and any assistant
administrator serve at the will of the board and are entitled to the
compensation determined by the board.
(d) On assuming the duties of district administrator, the
administrator shall execute a bond payable to the district in an
amount set by the board of not less than $5,000 that:
(1) is conditioned on the administrator performing the
administrator's duties; and
(2) contains other conditions the board may require.
(e) The board may pay for the bond with district money.
(Acts 64th Leg., R.S., Ch. 211, Sec. 5(b) (part).)
Sec. 1077.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 64th
Leg., R.S., Ch. 211, Sec. 5(b) (part).)
Sec. 1077.060. APPOINTMENT AND DISMISSAL OF STAFF AND
EMPLOYEES. (a) The board may appoint to or dismiss from the
medical staff the physicians, dentists, and podiatrists the board
determines necessary for the efficient operation of the district.
(b) The district may employ technicians, nurses, fiscal
agents, accountants, architects, additional attorneys, and other
necessary employees.
(c) The board may delegate to the district administrator the
authority to hire district employees. (Acts 64th Leg., R.S., Ch.
211, Secs. 5(c), (d).)
Sec. 1077.061. PERSONNEL CONTRACTS. (a) The board may
contract with a nonprofit corporation for the corporation to
provide administrative and other personnel for the operation of the
hospital facilities.
(b) The term of the contract may not exceed 25 years from the
date the contract is executed. (Acts 64th Leg., R.S., Ch. 211, Sec.
5(f).)
Sec. 1077.062. RETIREMENT BENEFITS. The board may enter
into any contract or agreement with this state or the federal
government that is required to establish or continue a retirement
program for the benefit of the district's employees. (Acts 64th
Leg., R.S., Ch. 211, Sec. 5(e) (part).)
[Sections 1077.063-1077.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1077.101. DISTRICT RESPONSIBILITY. (a) The district
has full responsibility for operating all hospital facilities for
providing medical and hospital care of the indigent persons in the
district.
(b) The district shall provide medical and hospital care for
the district's needy inhabitants. (Acts 64th Leg., R.S., Ch. 211,
Secs. 2 (part), 16 (part).)
Sec. 1077.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision in the district, other
than the district, may not impose a tax or issue bonds or other
obligations for hospital purposes for medical treatment of indigent
persons in the district. (Acts 64th Leg., R.S., Ch. 211, Sec. 16
(part).)
Sec. 1077.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital system
and the district's money and resources. (Acts 64th Leg., R.S., Ch.
211, Sec. 5(a) (part).)
Sec. 1077.104. RULES. The board may adopt rules governing
the operation of the district and as required to administer this
chapter. (Acts 64th Leg., R.S., Ch. 211, Secs. 5(a) (part), (g)
(part).)
Sec. 1077.105. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures. (Acts 64th
Leg., R.S., Ch. 211, Sec. 5(g) (part).)
Sec. 1077.106. DISTRICT PROPERTY, FACILITIES, EQUIPMENT,
AND SERVICES. (a) The board has exclusive authority to determine
the type, character, and use of facilities in the hospital system.
(b) The district may:
(1) purchase, construct, acquire, repair, or renovate
buildings and improvements; and
(2) equip buildings and improvements for hospital
purposes. (Acts 64th Leg., R.S., Ch. 211, Secs. 2 (part), 5(g)
(part).)
Sec. 1077.107. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property located in district
territory if the interest is necessary or convenient for the
district to exercise a power, right, or privilege conferred by this
chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code. (Acts 64th
Leg., R.S., Ch. 211, Sec. 12.)
Sec. 1077.108. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 64th Leg., R.S., Ch. 211,
Sec. 15.)
Sec. 1077.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
CARE AND TREATMENT. (a) The board may contract with a county or
municipality located outside the district for the care and
treatment of a sick or injured person of that county or
municipality.
(b) The board may contract with this state or a federal
agency for the treatment of a sick or injured person for whom this
state or the agency is responsible. (Acts 64th Leg., R.S., Ch. 211,
Sec. 5(e) (part).)
Sec. 1077.110. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When an indigent patient who resides in the district is admitted to
a district facility or a person who does not reside in the district
is admitted as an emergency patient to a district facility, the
district administrator shall have an inquiry made into the
circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives cannot pay all or part of the costs of
the care and treatment in the hospital, the amount of the costs that
cannot be paid becomes a charge against the district as care for
indigents.
(c) If the district administrator determines that the
patient or those relatives can pay for all or part of the costs of
the patient's care and treatment, the patient or those relatives
shall be ordered to pay the district a specified amount each week
for the patient's support. The amount ordered must be
proportionate to the person's financial ability and may not exceed
the actual per capita cost of maintenance.
(d) The district administrator may collect the amount from
the estate of the patient, or from any relative who is legally
liable for the patient's support, in the manner provided by law for
the collection of expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay, or doubt
in the mind of the district administrator, the board shall hold a
hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue any appropriate orders.
(f) A final order of the board may be appealed to the
district court. The substantial evidence rule applies to the
appeal. (Acts 64th Leg., R.S., Ch. 211, Sec. 14.)
Sec. 1077.111. AUTHORITY TO SUE AND BE SUED. As a
governmental entity, the district, through the board, may sue and
be sued in its own name in any court of this state. (Acts 64th Leg.,
R.S., Ch. 211, Secs. 5(a) (part), 17 (part).)
[Sections 1077.112-1077.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1077.151. BUDGET. (a) The district administrator
shall prepare an annual budget for approval by the board.
(b) The budget must be for the next fiscal year and must
include:
(1) proposed expenditures and disbursements;
(2) estimated receipts and collections; and
(3) the amount of taxes required to be imposed for the
year. (Acts 64th Leg., R.S., Ch. 211, Sec. 6 (part).)
Sec. 1077.152. PROPOSED BUDGET; NOTICE AND HEARING. (a)
The board shall hold a public hearing on the proposed budget.
(b) Notice of the hearing must be published at least once in
a newspaper of general circulation in Cooke County not later than
the 10th day before the date of the hearing.
(c) Any district taxpayer is entitled to:
(1) appear at the time and place designated in the
notice; and
(2) be heard regarding any item included in the
proposed budget. (Acts 64th Leg., R.S., Ch. 211, Sec. 6 (part).)
Sec. 1077.153. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed more than once in a
36-month period. (Acts 64th Leg., R.S., Ch. 211, Sec. 6 (part).)
Sec. 1077.154. AUDIT. (a) The district shall have an audit
made of the district's financial condition.
(b) The audit shall be open to inspection at all times at the
district's principal office. (Acts 64th Leg., R.S., Ch. 211, Sec. 6
(part).)
Sec. 1077.155. FINANCIAL REPORT. As soon as practical
after the close of each fiscal year, the district administrator
shall prepare for the board:
(1) a complete sworn statement of all district money; and
(2) a complete account of the disbursements of that money.
(Acts 64th Leg., R.S., Ch. 211, Sec. 6 (part).)
Sec. 1077.156. DEPOSITORY. (a) The board shall select one
or more banks in the district to serve as a depository for district
money.
(b) District money shall be immediately deposited on
receipt with a depository bank to pay the principal of and interest
on the district's outstanding bonds on or before the maturity date
of the principal and interest.
(c) To the extent that money in a depository bank is not
insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds.
(d) Membership on the district's board of an officer or
director of a bank does not disqualify the bank from being
designated as a depository bank. (Acts 64th Leg., R.S., Ch. 211,
Sec. 13.)
[Sections 1077.157-1077.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1077.201. BONDS. The board may issue and sell bonds
to:
(1) purchase, construct, acquire, repair, or renovate
buildings and improvements; and
(2) equip buildings and improvements for hospital
purposes. (Acts 64th Leg., R.S., Ch. 211, Sec. 9 (part).)
Sec. 1077.202. TAX TO PAY BONDS. (a) The board may issue
bonds under Section 1077.201 payable from ad valorem taxes. If the
bonds are payable from ad valorem taxes, the board shall impose an
ad valorem tax to create an interest and sinking fund sufficient to
pay the principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed 75
cents on each $100 valuation of all taxable property in the
district. (Acts 64th Leg., R.S., Ch. 211, Sec. 9 (part).)
Sec. 1077.203. BOND ELECTION. (a) The district may issue
bonds under Section 1077.201 that are payable from taxes only if the
bonds are authorized by a majority of the district voters voting at
an election held for that purpose.
(b) The board may order the election on its own motion.
(c) The order calling the election must specify:
(1) the date of the election;
(2) the location of the polling places;
(3) the presiding election officers;
(4) the purpose of the bond issuance;
(5) the amount of the bonds to be authorized; and
(6) the maximum maturity of the bonds.
(d) Notice of a bond election shall be given by publishing a
substantial copy of the order calling the election in a newspaper of
general circulation in the district once each week for two
consecutive weeks before the date of the election. The first
publication must occur at least 14 days before the date of the
election. (Acts 64th Leg., R.S., Ch. 211, Sec. 9 (part).)
Sec. 1077.204. REVENUE BONDS. (a) The board may issue
bonds under Section 1077.201 payable from the district's revenue.
The board may issue the revenue bonds without an election.
(b) The bonds must be payable from all or part of the revenue
derived from the operation of the district's hospitals.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner and in accordance
with the procedures and requirements prescribed by Sections
264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
and Safety Code, for issuance of revenue bonds by a county hospital
authority. (Acts 64th Leg., R.S., Ch. 211, Sec. 9 (part).)
Sec. 1077.205. MATURITY OF TAX BONDS. District bonds
payable from taxes must mature not later than 40 years after the
date of issuance. (Acts 64th Leg., R.S., Ch. 211, Sec. 9 (part).)
Sec. 1077.206. EXECUTION OF BONDS. (a) The board president
shall execute the district bonds in the district's name.
(b) The board secretary shall countersign the bonds. (Acts
64th Leg., R.S., Ch. 211, Sec. 9 (part).)
[Sections 1077.207-1077.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1077.251. IMPOSITION OF AD VALOREM TAX. (a) On final
approval of the annual budget, the board shall impose a tax on all
property in the district subject to district taxation.
(b) The board shall impose the tax to:
(1) pay the interest on and create a sinking fund for
bonds issued or assumed by the district for hospital purposes; and
(2) care for indigents. (Acts 64th Leg., R.S., Ch.
211, Secs. 6 (part), 7 (part).)
Sec. 1077.252. TAX RATE. (a) The board may impose the tax
at a rate not to exceed 75 cents on each $100 valuation of all
taxable property in the district.
(b) Not more than 65 cents of the rate authorized by
Subsection (a) may be imposed in any year to pay the interest on and
create a sinking fund for bonds issued or assumed by the district
for hospital purposes. (Acts 64th Leg., R.S., Ch. 211, Sec. 7
(part).)
Sec. 1077.253. TAX ASSESSOR-COLLECTOR. (a) Except as
provided by Subsection (b), the tax assessor-collector of Cooke
County shall assess and collect taxes imposed by the district.
(b) The board may appoint a district tax assessor-collector
under Section 285.041, Health and Safety Code. (Acts 64th Leg.,
R.S., Ch. 211, Secs. 6 (part), 7 (part).)
CHAPTER 1078. HOUSTON COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1078.001. DEFINITIONS
Sec. 1078.002. AUTHORITY FOR OPERATION
Sec. 1078.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1078.004. DISTRICT TERRITORY
Sec. 1078.005. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1078.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1078.007-1078.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1078.051. BOARD ELECTION; TERM
Sec. 1078.052. NOTICE OF ELECTION
Sec. 1078.053. BALLOT PETITION
Sec. 1078.054. QUALIFICATIONS FOR OFFICE
Sec. 1078.055. BOND; RECORD OF BOND
Sec. 1078.056. BOARD VACANCY
Sec. 1078.057. OFFICERS
Sec. 1078.058. COMPENSATION; EXPENSES
Sec. 1078.059. VOTING REQUIREMENT
Sec. 1078.060. DISTRICT ADMINISTRATOR
Sec. 1078.061. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1078.062. ASSISTANT DISTRICT ADMINISTRATOR;
ATTORNEY
Sec. 1078.063. APPOINTMENTS AND RECRUITMENT OF STAFF
AND EMPLOYEES
Sec. 1078.064. RETIREMENT BENEFITS
[Sections 1078.065-1078.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1078.101. DISTRICT RESPONSIBILITY
Sec. 1078.102. RESTRICTION ON HOUSTON COUNTY TAXATION
AND DEBT
Sec. 1078.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1078.104. RULES
Sec. 1078.105. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1078.106. MOBILE EMERGENCY MEDICAL SERVICE
Sec. 1078.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1078.108. EMINENT DOMAIN
Sec. 1078.109. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 1078.110. GIFTS AND ENDOWMENTS
Sec. 1078.111. LEASE OF DISTRICT PROPERTY
Sec. 1078.112. CONSTRUCTION CONTRACTS
Sec. 1078.113. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1078.114. CONTRACTS FOR CARE
Sec. 1078.115. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR SERVICES
Sec. 1078.116. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1078.117. REIMBURSEMENT FOR SERVICE
Sec. 1078.118. AUTHORITY TO SUE AND BE SUED
[Sections 1078.119-1078.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCE PROVISIONS
Sec. 1078.151. BUDGET
Sec. 1078.152. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1078.153. AMENDMENTS TO BUDGET
Sec. 1078.154. RESTRICTION ON EXPENDITURES
Sec. 1078.155. FISCAL YEAR
Sec. 1078.156. ANNUAL AUDIT
Sec. 1078.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS
Sec. 1078.158. FINANCIAL REPORT
Sec. 1078.159. DEPOSITORY
Sec. 1078.160. SPENDING AND INVESTMENT RESTRICTIONS
[Sections 1078.161-1078.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1078.201. GENERAL OBLIGATION BONDS
Sec. 1078.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1078.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1078.204. REVENUE BONDS
Sec. 1078.205. REFUNDING BONDS
Sec. 1078.206. MATURITY OF BONDS
Sec. 1078.207. EXECUTION OF BONDS
Sec. 1078.208. BONDS EXEMPT FROM TAXATION
[Sections 1078.209-1078.250 reserved for expansion]
SUBCHAPTER F. AD VALOREM TAX
Sec. 1078.251. IMPOSITION OF AD VALOREM TAX
Sec. 1078.252. TAX RATE
Sec. 1078.253. TAX ASSESSOR-COLLECTOR
CHAPTER 1078. HOUSTON COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1078.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Houston County Hospital
District. (Acts 69th Leg., R.S., Ch. 766, Sec. 1.01.)
Sec. 1078.002. AUTHORITY FOR OPERATION. The Houston County
Hospital District operates and is financed as provided by Section
9, Article IX, Texas Constitution, and by this chapter. (Acts 69th
Leg., R.S., Ch. 766, Sec. 1.02.)
Sec. 1078.003. ESSENTIAL PUBLIC FUNCTION. The district is
a public entity performing an essential public function. (Acts
69th Leg., R.S., Ch. 766, Sec. 7.11 (part).)
Sec. 1078.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Houston County,
Texas, except that portion of Houston County within the boundaries
of the Grapeland Hospital District of Houston County, Texas, as
those boundaries existed on August 26, 1985, is not included in the
district. (Acts 69th Leg., R.S., Ch. 766, Sec. 1.03.)
Sec. 1078.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The state may not become obligated for the support or
maintenance of the district. (Acts 69th Leg., R.S., Ch. 766, Sec.
9.01 (part).)
Sec. 1078.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 69th Leg., R.S., Ch. 766, Sec. 9.01 (part).)
[Sections 1078.007-1078.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1078.051. BOARD ELECTION; TERM. (a) The district is
governed by a board of nine directors elected by place.
(b) Directors serve staggered two-year terms unless
four-year terms are established under Section 285.081, Health and
Safety Code. (Acts 69th Leg., R.S., Ch. 766, Secs. 4.01(a),
4.03(a), (d).)
Sec. 1078.052. NOTICE OF ELECTION. At least 35 days before
the date of an election of directors, notice of the election shall
be published one time in a newspaper with general circulation in the
district. (Acts 69th Leg., R.S., Ch. 766, Sec. 4.04.)
Sec. 1078.053. BALLOT PETITION. A person who wants to have
the person's name printed on the ballot as a candidate for director
must file with the board secretary a petition requesting that
action. The petition must:
(1) be signed by at least 100 registered voters of the
district as determined by the most recent official list of
registered voters;
(2) be filed not later than the 31st day before the
date of the election; and
(3) specify the place for which the person is to be a
candidate. (Acts 69th Leg., R.S., Ch. 766, Sec. 4.05.)
Sec. 1078.054. QUALIFICATIONS FOR OFFICE. (a) To be
eligible to be a candidate for or to serve as a director, a person
must be:
(1) a resident of the district; and
(2) a qualified voter.
(b) A district employee may not serve as a director. (Acts
69th Leg., R.S., Ch. 766, Sec. 4.06.)
Sec. 1078.055. BOND; RECORD OF BOND. (a) Before assuming
the duties of office, each director must execute a bond for $5,000
that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director's duties.
(b) The board may pay for a director's bond with district
money.
(c) The bond shall be kept in the permanent records of the
district. (Acts 69th Leg., R.S., Ch. 766, Sec. 4.08.)
Sec. 1078.056. BOARD VACANCY. If a vacancy occurs in the
office of director, the remaining directors shall appoint a
director for the unexpired term. (Acts 69th Leg., R.S., Ch. 766,
Sec. 4.09.)
Sec. 1078.057. OFFICERS. (a) The board shall elect a
president and a vice president from among its members.
(b) The board shall appoint a secretary, who need not be a
director.
(c) Each officer of the board serves for a term of one year.
(d) The board shall fill a vacancy in a board office for the
unexpired term. (Acts 69th Leg., R.S., Ch. 766, Secs. 4.10, 4.11.)
Sec. 1078.058. COMPENSATION; EXPENSES. A director or
officer serves without compensation but may be reimbursed for
actual expenses incurred in the performance of official duties.
The expenses must be:
(1) reported in the district's records; and
(2) approved by the board. (Acts 69th Leg., R.S., Ch.
766, Sec. 4.12.)
Sec. 1078.059. VOTING REQUIREMENT. A concurrence of a
majority of the directors voting is necessary in any matter
relating to district business. (Acts 69th Leg., R.S., Ch. 766, Sec.
4.13.)
Sec. 1078.060. DISTRICT ADMINISTRATOR. (a) The board may
appoint a qualified person as district administrator.
(b) The district administrator serves at the will of the
board and is entitled to the compensation determined by the board.
(c) Before assuming the duties of district administrator,
the administrator must execute a bond in the amount set by the board
of not less than $5,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
administrator's duties under this chapter.
(d) The board may pay for the bond with district money.
(Acts 69th Leg., R.S., Ch. 766, Secs. 4.14(a) (part), (b) (part),
(c) (part), (d).)
Sec. 1078.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the general affairs of the district. (Acts
69th Leg., R.S., Ch. 766, Sec. 4.17.)
Sec. 1078.062. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
(a) The board may appoint qualified persons as:
(1) the assistant district administrator; and
(2) the attorney for the district.
(b) The assistant district administrator and the attorney
for the district serve at the will of the board and are entitled to
the compensation determined by the board. (Acts 69th Leg., R.S.,
Ch. 766, Secs. 4.14(a) (part), (b) (part), (c) (part).)
Sec. 1078.063. APPOINTMENTS AND RECRUITMENT OF STAFF AND
EMPLOYEES. (a) The board may appoint to the staff any doctors the
board considers necessary for the efficient operation of the
district and may make temporary appointments as necessary.
(b) The district may employ technicians, nurses, fiscal
agents, accountants, architects, additional attorneys, and other
necessary employees.
(c) The board may delegate to the district administrator the
authority to employ persons for the district. (Acts 69th Leg.,
R.S., Ch. 766, Secs. 4.15, 4.16.)
Sec. 1078.064. RETIREMENT BENEFITS. The board may provide
retirement benefits for district employees by:
(1) establishing or administering a retirement
program; or
(2) participating in:
(A) the Texas County and District Retirement
System; or
(B) another statewide retirement system in which
the district is eligible to participate. (Acts 69th Leg., R.S., Ch.
766, Sec. 4.18.)
[Sections 1078.065-1078.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1078.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for:
(1) operating hospital facilities; and
(2) providing medical and hospital care for the
district's needy inhabitants. (Acts 69th Leg., R.S., Ch. 766, Sec.
5.02 (part).)
Sec. 1078.102. RESTRICTION ON HOUSTON COUNTY TAXATION AND
DEBT. Houston County may not impose a tax or issue bonds or other
obligations for hospital purposes or to provide medical care for
district residents. (Acts 69th Leg., R.S., Ch. 766, Sec. 5.01(b).)
Sec. 1078.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital system
and the district's money and resources. (Acts 69th Leg., R.S., Ch.
766, Sec. 5.03 (part).)
Sec. 1078.104. RULES. The board may adopt rules governing:
(1) the operation of the hospital and hospital system;
and
(2) the duties, functions, and responsibilities of the
district staff and employees. (Acts 69th Leg., R.S., Ch. 766, Sec.
5.04.)
Sec. 1078.105. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method of making purchases and expenditures by
and for the district; and
(2) accounting and control procedures for the
district. (Acts 69th Leg., R.S., Ch. 766, Sec. 5.05.)
Sec. 1078.106. MOBILE EMERGENCY MEDICAL SERVICE. The
district may operate or provide for the operation of a mobile
emergency medical service. (Acts 69th Leg., R.S., Ch. 766, Sec.
5.02 (part).)
Sec. 1078.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine:
(1) the type, number, and location of buildings
required to maintain an adequate hospital system; and
(2) the type of equipment necessary for hospital care.
(b) The board may:
(1) acquire property, including facilities and
equipment, for the district for use in the hospital system; and
(2) mortgage or pledge the property as security for
the payment of the purchase price.
(c) The board may lease hospital facilities from others for
the district.
(d) The board may sell or otherwise dispose of property,
including facilities or equipment, for the district. (Acts 69th
Leg., R.S., Ch. 766, Secs. 5.06(a), (b), (c), (d).)
Sec. 1078.108. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in property located in district territory if the
property interest is necessary to exercise a right or authority
conferred by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit money in the trial court or
execute a bond as provided by Section 21.021(a)(2) or (3), Property
Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 69th Leg., R.S., Ch. 766,
Sec. 5.09.)
Sec. 1078.109. COST OF RELOCATING OR ALTERING PROPERTY. In
exercising the power of eminent domain, if the board requires
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of any railroad, highway, pipeline, or
electric transmission, telegraph, or telephone line, conduit,
pole, or facility, the district must bear the actual cost of
relocating, raising, lowering, rerouting, changing the grade, or
altering the construction to provide comparable replacement
without enhancement of facilities, after deducting the net salvage
value derived from the old facility. (Acts 69th Leg., R.S., Ch.
766, Sec. 5.10.)
Sec. 1078.110. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust for any
purpose and under any direction, limitation, or other provision
prescribed in writing by the donor that is consistent with the
proper management of the district. (Acts 69th Leg., R.S., Ch. 766,
Sec. 5.14.)
Sec. 1078.111. LEASE OF DISTRICT PROPERTY. (a) The board
may lease all or part of the district's property, including
facilities or equipment, to any person on terms the board considers
to be in the district's best interest. The lease period may not
exceed 40 years.
(b) When leasing the property the board may delegate as it
considers appropriate the board's power to manage or operate the
leased property to furnish hospital care.
(c) For each leased property the board shall provide that
the lessee charge rates for services rendered or goods provided at
the leased premises that, together with other sources of the
lessee's revenue, produce an amount sufficient to enable the lessee
to pay the expenses of operating and maintaining the leased
premises required of the lessee under the lease. The lease must
also require the lessee to pay lease rentals to the district that
will be sufficient when taken with any other sources of the
district's estimated revenue that are pledged for the same purposes
to:
(1) pay the interest on any revenue or special
obligation bonds that are payable wholly or partly from the lease
rentals;
(2) create and maintain a sinking fund to pay the
principal of, interest on, and premium, if any, on the bonds as they
become due;
(3) create and maintain a bond reserve fund and other
fund as provided for in the bond resolution or trust indenture
authorizing the issuance of the bonds; and
(4) pay all other charges, fees, costs, and expenses
that the lessee is required to pay under the resolution or
indenture.
(d) The lease, management agreement, bond resolution, or
trust indenture may prescribe systems, methods, routines,
procedures, and policies for the operation of the buildings and
other facilities owned by the district. If all or part of the
district's buildings or other facilities are leased, the district
may delegate to the lessee the duty to establish the systems,
methods, routines, procedures, and policies for the operation of
the leased premises. (Acts 69th Leg., R.S., Ch. 766, Sec. 5.06(e)
(part).)
Sec. 1078.112. CONSTRUCTION CONTRACTS. (a) The board may
enter into construction contracts for the district.
(b) The board may enter into a construction contract that
involves the expenditure of more than the amount provided by
Section 271.024, Local Government Code, only after competitive
bidding as provided by Subchapter B, Chapter 271, Local Government
Code. (Acts 69th Leg., R.S., Ch. 766, Sec. 5.07(a).)
Sec. 1078.113. OPERATING AND MANAGEMENT CONTRACTS. The
district, through its board, may:
(1) enter into an operating or management contract
with any person relating to all or any part of its hospital
facility;
(2) delegate to the person the power to manage and
operate all or part of the hospital facilities or hospital system;
and
(3) employ and discharge employees or appoint and
remove doctors from the staff. (Acts 69th Leg., R.S., Ch. 766,
Secs. 5.03 (part), 5.08 (part).)
Sec. 1078.114. CONTRACTS FOR CARE. The board may contract
with any lessee of the district's hospital facilities or any other
person to provide hospital care to needy district inhabitants for
payments and under terms that the board considers to be in the
district's best interests. (Acts 69th Leg., R.S., Ch. 766, Sec.
5.08 (part).)
Sec. 1078.115. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
SERVICES. The board may contract with a political subdivision of
the state or with a state or federal agency for the district or for
any lessee of the district's hospital facilities to:
(1) furnish a mobile emergency medical service; or
(2) provide for the investigatory or welfare needs of
district inhabitants. (Acts 69th Leg., R.S., Ch. 766, Sec. 5.13.)
Sec. 1078.116. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a person who resides in the district is admitted as a patient
to a district facility, the district administrator or a person
designated by the board may have an inquiry made into the financial
circumstances of:
(1) the patient; and
(2) a relative of the patient who is legally
responsible for the patient's support.
(b) To the extent that a patient or a relative of the patient
legally responsible for the patient's support cannot pay for care
and treatment provided by the district, the district shall supply
the care and treatment without charging the patient or the
patient's relative.
(c) On determining that the patient or a relative legally
responsible for the patient's support can pay for all or any part of
the care and treatment provided by the district, the district
administrator or the person designated by the board shall report
that determination to the board, and the board shall issue an order
directing the patient or the relative to pay the district a
specified amount each week. The amount must be based on the
person's ability to pay.
(d) The district administrator or the person designated by
the board may collect the amount owed to the district from the
patient's estate or from that of a relative legally responsible for
the patient's support in the manner provided by law for collection
of expenses in the last illness of a deceased person.
(e) If there is a dispute relating to a person's ability to
pay or if the district administrator or the person designated by the
board has any doubt concerning a person's ability to pay, the board
shall:
(1) call witnesses;
(2) hear and resolve the question; and
(3) issue a final order.
(f) The final order of the board may be appealed to a
district court in Houston County. The substantial evidence rule
applies to the appeal. (Acts 69th Leg., R.S., Ch. 766, Sec. 5.11.)
Sec. 1078.117. REIMBURSEMENT FOR SERVICE. (a) The board
shall require a county or municipality located outside the district
to reimburse the district for the district's care and treatment of a
sick or injured person of that county or municipality.
(b) The board shall require the sheriff of Houston County to
reimburse the district for the district's care and treatment of a
person who is confined in a jail facility of Houston County and is
not a district resident.
(c) On behalf of the district, the board may contract with
the state or federal government for that government to reimburse
the district for treatment of a sick or injured person. (Acts 69th
Leg., R.S., Ch. 766, Sec. 5.12.)
Sec. 1078.118. AUTHORITY TO SUE AND BE SUED. The board may
sue and be sued on behalf of the district. (Acts 69th Leg., R.S.,
Ch. 766, Sec. 5.15.)
[Sections 1078.119-1078.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCE PROVISIONS
Sec. 1078.151. BUDGET. (a) The district administrator
shall prepare a proposed annual budget for the district.
(b) The proposed budget must contain a complete financial
statement, including a statement of:
(1) the outstanding obligations of the district;
(2) the amount of cash on hand in each district fund;
(3) the amount of money received by the district from
all sources during the previous year;
(4) the amount of money available to the district from
all sources during the ensuing year;
(5) the amount of the balances expected at the end of
the year in which the budget is being prepared;
(6) the estimated amount of revenue and balances
available to cover the proposed budget; and
(7) the estimated tax rate required. (Acts 69th Leg.,
R.S., Ch. 766, Sec. 6.04.)
Sec. 1078.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual budget.
(b) The board shall publish notice of the hearing in a
newspaper with general circulation in the district not later than
the 10th day before the date of the hearing.
(c) Any district resident is entitled to be present and
participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the district
administrator. The board may make any changes in the proposed
budget that the board determines to be in the interests of the
taxpayers.
(e) The budget is effective only after adoption by the
board. (Acts 69th Leg., R.S., Ch. 766, Sec. 6.05.)
Sec. 1078.153. AMENDMENTS TO BUDGET. After the annual
budget is adopted, the budget may be amended on the board's
approval. (Acts 69th Leg., R.S., Ch. 766, Sec. 6.06.)
Sec. 1078.154. RESTRICTION ON EXPENDITURES. Money may be
spent only for an expense included in the budget or an amendment to
the budget. (Acts 69th Leg., R.S., Ch. 766, Sec. 6.07.)
Sec. 1078.155. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) during a period that revenue bonds of the district
are outstanding; or
(2) more than once in a 24-month period. (Acts 69th
Leg., R.S., Ch. 766, Sec. 6.01.)
Sec. 1078.156. ANNUAL AUDIT. The board annually shall have
an audit made of the district's financial condition. (Acts 69th
Leg., R.S., Ch. 766, Sec. 6.02.)
Sec. 1078.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS. The annual audit and other district records shall be open
to inspection during regular business hours at the district's
principal office. (Acts 69th Leg., R.S., Ch. 766, Sec. 6.03.)
Sec. 1078.158. FINANCIAL REPORT. As soon as practicable
after the close of the fiscal year, the district administrator
shall prepare for the board:
(1) a sworn statement of the amount of district money;
and
(2) an account of the disbursements of that money.
(Acts 69th Leg., R.S., Ch. 766, Sec. 6.08.)
Sec. 1078.159. DEPOSITORY. (a) The board shall select at
least one bank to serve as a depository for district money.
(b) District money, other than money invested as provided by
Section 1078.160(b) and money transmitted to a bank for payment of
bonds or obligations issued or assumed by the district, shall be
deposited as received with the depository bank and shall remain on
deposit. This subsection does not limit the power of the board to
place a part of district money on time deposit or to purchase
certificates of deposit.
(c) The district may not deposit money with a bank in an
amount that exceeds the maximum amount secured by the Federal
Deposit Insurance Corporation unless the bank first executes a bond
or other security in an amount sufficient to secure from loss the
district money that exceeds the amount secured by the Federal
Deposit Insurance Corporation. (Acts 69th Leg., R.S., Ch. 766,
Sec. 6.10.)
Sec. 1078.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as provided by this section and Sections 1078.112, 1078.201,
1078.204, and 1078.205, the district may not incur a debt payable
from district revenue other than the revenue on hand or to be on
hand in the current and immediately following district fiscal
years.
(b) The board may invest operating, depreciation, or
building reserves only in funds or securities specified by Chapter
2256, Government Code. (Acts 69th Leg., R.S., Ch. 766, Sec. 6.09.)
[Sections 1078.161-1078.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1078.201. GENERAL OBLIGATION BONDS. If authorized by
an election, the board may issue and sell general obligation bonds
in the name and on the faith and credit of the district to:
(1) purchase, construct, acquire, repair, or renovate
buildings or improvements;
(2) equip buildings or improvements for hospital
purposes; or
(3) acquire and operate a mobile emergency medical
service. (Acts 69th Leg., R.S., Ch. 766, Sec. 7.01.)
Sec. 1078.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1078.201, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed the
limit approved by the voters at the election authorizing the
imposition of a tax. (Acts 69th Leg., R.S., Ch. 766, Sec. 7.02.)
Sec. 1078.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters.
(b) The board may order a bond election.
(c) The order calling the election must specify:
(1) the nature and date of the election;
(2) the hours during which the polls will be open;
(3) the location of the polling places;
(4) the amount of the bonds to be authorized; and
(5) the maximum maturity of the bonds.
(d) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code.
(e) The board shall declare the results of the election.
(Acts 69th Leg., R.S., Ch. 766, Sec. 7.03.)
Sec. 1078.204. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) purchase, construct, acquire, repair, renovate,
or equip buildings or improvements for hospital purposes;
(2) acquire sites to be used for hospital purposes; or
(3) acquire and operate a mobile emergency medical
service to assist the district in carrying out its hospital
purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospital system.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner provided by
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
Health and Safety Code, for issuance of revenue bonds by a county
hospital authority. (Acts 69th Leg., R.S., Ch. 766, Sec. 7.04.)
Sec. 1078.205. REFUNDING BONDS. (a) The board may issue
refunding bonds to refund outstanding indebtedness issued or
assumed by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bond
applied to the payment of the outstanding indebtedness; or
(2) exchanged wholly or partly for not less than a
similar principal amount of outstanding indebtedness. (Acts 69th
Leg., R.S., Ch. 766, Secs. 7.05(a), (c) (part).)
Sec. 1078.206. MATURITY OF BONDS. District bonds must
mature not later than 50 years after the date of issuance. (Acts
69th Leg., R.S., Ch. 766, Sec. 7.06 (part).)
Sec. 1078.207. EXECUTION OF BONDS. (a) The board president
shall execute district bonds in the district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code. (Acts 69th Leg.,
R.S., Ch. 766, Sec. 7.07.)
Sec. 1078.208. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) any transaction relating to the bonds; and
(3) profits made in the sale of the bonds. (Acts 69th
Leg., R.S., Ch. 766, Sec. 7.11 (part).)
[Sections 1078.209-1078.250 reserved for expansion]
SUBCHAPTER F. AD VALOREM TAX
Sec. 1078.251. IMPOSITION OF AD VALOREM TAX. (a) The board
may impose a tax on all property in the district subject to district
taxation.
(b) The tax shall be imposed for and may be pledged to:
(1) meet the requirements of district bonds and the
indebtedness assumed by the district;
(2) provide for the district's maintenance and
operating expenses, including the cost or contract payments for
hospital care for needy district inhabitants; and
(3) make improvements and additions to the district's
hospital facilities or hospital system and acquire necessary sites
for those improvements and additions by gift, purchase, lease, or
condemnation.
(c) The district may not impose a tax to pay the principal of
or interest on revenue bonds issued under this chapter. (Acts 69th
Leg., R.S., Ch. 766, Secs. 8.01(a) (part), (c), (d), 8.02(b).)
Sec. 1078.252. TAX RATE. (a) The board may impose the tax
at a rate not to exceed the limit approved by the voters at the
election authorizing the imposition of the tax.
(b) The tax rate for all purposes may not exceed 75 cents on
each $100 valuation of all taxable property in the district.
(c) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 69th
Leg., R.S., Ch. 766, Secs. 8.01(a) (part), (b), 8.03 (part).)
Sec. 1078.253. TAX ASSESSOR-COLLECTOR. The board may
provide for the appointment of a tax assessor-collector for the
district or may contract for the assessment and collection of taxes
as provided by the Tax Code. (Acts 69th Leg., R.S., Ch. 766, Sec.
8.04(b).)
CHAPTER 1079. JACK COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1079.001. DEFINITIONS
Sec. 1079.002. AUTHORITY FOR OPERATION
Sec. 1079.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1079.004. DISTRICT TERRITORY
Sec. 1079.005. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1079.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1079.007-1079.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1079.051. BOARD ELECTION; TERM
Sec. 1079.052. QUALIFICATIONS FOR OFFICE
Sec. 1079.053. BOND; RECORD OF BOND
Sec. 1079.054. BOARD VACANCY
Sec. 1079.055. OFFICERS
Sec. 1079.056. COMPENSATION; EXPENSES
Sec. 1079.057. VOTING REQUIREMENT
Sec. 1079.058. DISTRICT ADMINISTRATOR
Sec. 1079.059. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1079.060. APPOINTMENT OF STAFF AND EMPLOYEES
Sec. 1079.061. RETIREMENT BENEFITS
[Sections 1079.062-1079.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1079.101. DISTRICT RESPONSIBILITY
Sec. 1079.102. RESTRICTION ON COUNTY TAXATION AND DEBT
Sec. 1079.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1079.104. RULES
Sec. 1079.105. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1079.106. MOBILE EMERGENCY MEDICAL SERVICE
Sec. 1079.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1079.108. EMINENT DOMAIN
Sec. 1079.109. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 1079.110. GIFTS AND ENDOWMENTS
Sec. 1079.111. CONSTRUCTION CONTRACTS
Sec. 1079.112. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1079.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR SERVICES
Sec. 1079.114. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1079.115. REIMBURSEMENT FOR SERVICES
Sec. 1079.116. AUTHORITY TO SUE AND BE SUED
[Sections 1079.117-1079.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1079.151. BUDGET
Sec. 1079.152. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1079.153. AMENDMENTS TO BUDGET
Sec. 1079.154. RESTRICTION ON EXPENDITURES
Sec. 1079.155. FISCAL YEAR
Sec. 1079.156. ANNUAL AUDIT
Sec. 1079.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS
Sec. 1079.158. FINANCIAL REPORT
Sec. 1079.159. DEPOSITORY
Sec. 1079.160. SPENDING AND INVESTMENT RESTRICTIONS
[Sections 1079.161-1079.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1079.201. GENERAL OBLIGATION BONDS
Sec. 1079.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1079.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1079.204. REVENUE BONDS
Sec. 1079.205. REFUNDING BONDS
Sec. 1079.206. MATURITY OF BONDS
Sec. 1079.207. EXECUTION OF BONDS
Sec. 1079.208. BONDS EXEMPT FROM TAXATION
[Sections 1079.209-1079.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1079.251. IMPOSITION OF AD VALOREM TAX
Sec. 1079.252. TAX RATE
Sec. 1079.253. TAX ASSESSOR-COLLECTOR
CHAPTER 1079. JACK COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1079.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Jack County Hospital
District. (Acts 70th Leg., R.S., Ch. 16, Sec. 1.01.)
Sec. 1079.002. AUTHORITY FOR OPERATION. The Jack County
Hospital District operates and is financed as provided by Section
9, Article IX, Texas Constitution, and by this chapter. (Acts 70th
Leg., R.S., Ch. 16, Sec. 1.02.)
Sec. 1079.003. ESSENTIAL PUBLIC FUNCTION. The district is
a public entity performing an essential public function. (Acts
70th Leg., R.S., Ch. 16, Sec. 7.11 (part).)
Sec. 1079.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Jack County, Texas.
(Acts 70th Leg., R.S., Ch. 16, Sec. 1.03.)
Sec. 1079.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. This state may not become obligated for the support or
maintenance of the district. (Acts 70th Leg., R.S., Ch. 16, Sec.
9.01 (part).)
Sec. 1079.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 70th Leg., R.S., Ch. 16, Sec. 9.01 (part).)
[Sections 1079.007-1079.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1079.051. BOARD ELECTION; TERM. (a) The board is
governed by five directors elected at large by place.
(b) Unless four-year terms are established under Section
285.081, Health and Safety Code:
(1) directors serve staggered two-year terms;
(2) a directors' election shall be held on the uniform
election date in May of each year; and
(3) the terms of the directors elected to places 1, 3,
and 5 expire in even-numbered years and the terms of the directors
elected to places 2 and 4 expire in odd-numbered years.
(c) A director's term begins on June 1 following the
director's election. (Acts 70th Leg., R.S., Ch. 16, Sec. 4.01;
Acts 74th Leg., R.S., Ch. 70, Sec. 4.)
Sec. 1079.052. QUALIFICATIONS FOR OFFICE. To be eligible
to be a candidate for or to serve as a director, a person must be:
(1) a resident of the district; and
(2) a qualified voter. (Acts 70th Leg., R.S., Ch. 16,
Sec. 4.02.)
Sec. 1079.053. BOND; RECORD OF BOND. (a) Before assuming
the duties of office, each director must execute a bond for $5,000
that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director's duties.
(b) The board may pay for a director's bond with district
money.
(c) The bond shall be kept in the permanent records of the
district. (Acts 70th Leg., R.S., Ch. 16, Sec. 4.03.)
Sec. 1079.054. BOARD VACANCY. If a vacancy occurs in the
office of director, the remaining directors shall appoint a
director for the unexpired term. (Acts 70th Leg., R.S., Ch. 16,
Sec. 4.04.)
Sec. 1079.055. OFFICERS. (a) The board shall elect a
president and a vice president from among its members.
(b) The board shall appoint a secretary, who need not be a
director.
(c) Each officer of the board serves for a term of one year.
(d) The board shall fill a vacancy in a board office for the
unexpired term. (Acts 70th Leg., R.S., Ch. 16, Secs. 4.05, 4.06.)
Sec. 1079.056. COMPENSATION; EXPENSES. A director or
officer serves without compensation but may be reimbursed for
actual expenses incurred in the performance of official duties.
The expenses must be:
(1) reported in the district's records; and
(2) approved by the board. (Acts 70th Leg., R.S., Ch.
16, Sec. 4.07.)
Sec. 1079.057. VOTING REQUIREMENT. A concurrence of a
majority of the directors voting is necessary in any matter
relating to district business. (Acts 70th Leg., R.S., Ch. 16, Sec.
4.08.)
Sec. 1079.058. DISTRICT ADMINISTRATOR. (a) The board may
appoint a qualified person as district administrator.
(b) The district administrator serves at the will of the
board and is entitled to the compensation determined by the board.
(c) Before assuming the duties of district administrator,
the administrator shall execute a bond in the amount determined by
the board of not less than $5,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
administrator's duties under this chapter.
(d) The board may pay for the bond with district money.
(Acts 70th Leg., R.S., Ch. 16, Sec. 4.09.)
Sec. 1079.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the general affairs of the district. (Acts
70th Leg., R.S., Ch. 16, Sec. 4.12.)
Sec. 1079.060. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
board may appoint to the staff any doctors the board considers
necessary for the efficient operation of the district and may make
temporary appointments as necessary.
(b) The district may employ technicians, nurses, fiscal
agents, accountants, architects, and other necessary employees.
(c) The board may delegate to the district administrator the
authority to employ persons for the district. (Acts 70th Leg.,
R.S., Ch. 16, Secs. 4.10, 4.11.)
Sec. 1079.061. RETIREMENT BENEFITS. The board may provide
retirement benefits for district employees by:
(1) establishing or administering a retirement
program; or
(2) participating in:
(A) the Texas County and District Retirement
System; or
(B) another statewide retirement system in which
the district is eligible to participate. (Acts 70th Leg., R.S., Ch.
16, Sec. 4.13.)
[Sections 1079.062-1079.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1079.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for:
(1) operating hospital facilities; and
(2) providing medical and hospital care for the
district's needy inhabitants. (Acts 70th Leg., R.S., Ch. 16, Sec.
5.02 (part).)
Sec. 1079.102. RESTRICTION ON COUNTY TAXATION AND DEBT.
Jack County may not impose a tax or issue bonds or other obligations
for hospital purposes or to provide medical care for district
residents. (Acts 70th Leg., R.S., Ch. 16, Sec. 5.01(b).)
Sec. 1079.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital system
and the district's money and resources. (Acts 70th Leg., R.S., Ch.
16, Sec. 5.03.)
Sec. 1079.104. RULES. The board may adopt rules governing:
(1) the operation of the hospital and hospital system;
and
(2) the duties, functions, and responsibilities of
district staff and employees. (Acts 70th Leg., R.S., Ch. 16, Sec.
5.04.)
Sec. 1079.105. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method of making purchases and expenditures by
and for the district; and
(2) accounting and control procedures for the
district. (Acts 70th Leg., R.S., Ch. 16, Sec. 5.05.)
Sec. 1079.106. MOBILE EMERGENCY MEDICAL SERVICE. The
district may operate or provide for the operation of a mobile
emergency medical service. (Acts 70th Leg., R.S., Ch. 16, Sec. 5.02
(part).)
Sec. 1079.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine:
(1) the type, number, and location of buildings
required to maintain an adequate hospital system; and
(2) the type of equipment necessary for hospital care.
(b) The board may:
(1) acquire property, including facilities and
equipment, for the district for use in the hospital system; and
(2) mortgage or pledge the property as security for
the payment of the purchase price.
(c) The board may lease hospital facilities for the
district.
(d) The board may sell or otherwise dispose of property,
including facilities or equipment, for the district. (Acts 70th
Leg., R.S., Ch. 16, Sec. 5.06.)
Sec. 1079.108. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in property located in district territory if the
property interest is necessary to exercise a right or authority
conferred by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except that the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 70th Leg., R.S., Ch. 16,
Sec. 5.09.)
Sec. 1079.109. COST OF RELOCATING OR ALTERING PROPERTY. In
exercising the power of eminent domain, if the board requires
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of any railroad, highway, pipeline, or
electric transmission and electric distribution, telegraph, or
telephone line, conduit, pole, or facility, the district must bear
the actual cost of relocating, raising, lowering, rerouting,
changing the grade, or altering the construction to provide
comparable replacement without enhancement of facilities, after
deducting the net salvage value derived from the old facility.
(Acts 70th Leg., R.S., Ch. 16, Sec. 5.10.)
Sec. 1079.110. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust for any
purpose and under any direction, limitation, or other provision
prescribed in writing by the donor that is consistent with the
proper management of the district. (Acts 70th Leg., R.S., Ch. 16,
Sec. 5.14.)
Sec. 1079.111. CONSTRUCTION CONTRACTS. (a) The board may
enter into construction contracts for the district.
(b) The board may enter into a construction contract that
involves the expenditure of more than the amount provided by
Section 271.024, Local Government Code, only after competitive
bidding as provided by Subchapter B, Chapter 271, Local Government
Code. (Acts 70th Leg., R.S., Ch. 16, Sec. 5.07(a).)
Sec. 1079.112. OPERATING AND MANAGEMENT CONTRACTS. The
board may enter into an operating or management contract relating
to a hospital facility for the district. (Acts 70th Leg., R.S., Ch.
16, Sec. 5.08.)
Sec. 1079.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
SERVICES. The board may contract with a political subdivision of
this state or with a state or federal agency for the district to:
(1) furnish a mobile emergency medical service; or
(2) provide for the investigatory or welfare needs of
district inhabitants. (Acts 70th Leg., R.S., Ch. 16, Sec. 5.13.)
Sec. 1079.114. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a person who resides in the district is admitted as a patient
to a district facility, the district administrator may have an
inquiry made into the financial circumstances of:
(1) the patient; and
(2) a relative of the patient who is legally
responsible for the patient's support.
(b) To the extent that the patient or a relative of the
patient who is legally responsible for the patient's support cannot
pay for care and treatment provided by the district, the district
shall supply the care and treatment without charging the patient or
the patient's relative.
(c) On determining that the patient or a relative legally
responsible for the patient's support can pay for all or part of the
care and treatment provided by the district, the district
administrator shall report that determination to the board and the
board shall issue an order directing the patient or the relative to
pay the district a specified amount each week. The amount must be
based on the individual's ability to pay.
(d) The district administrator may collect the money owed to
the district from the patient's estate or from that of a relative
legally responsible for the patient's support in the manner
provided by law for collection of expenses in the last illness of a
deceased person.
(e) If there is a dispute relating to a person's ability to
pay or if the district administrator has any doubt concerning a
person's ability to pay, the board shall:
(1) call witnesses;
(2) hear and resolve the question; and
(3) issue a final order.
(f) The final order of the board may be appealed to a
district court in Jack County. The substantial evidence rule
applies to the appeal. (Acts 70th Leg., R.S., Ch. 16, Secs.
5.11(b), (c), (d), (e), (f).)
Sec. 1079.115. REIMBURSEMENT FOR SERVICES. (a) The board
shall require a county, municipality, or public hospital located
outside the district to reimburse the district for the district's
care and treatment of a sick or injured person of that county,
municipality, or public hospital as provided by Chapter 61, Health
and Safety Code.
(b) The board shall require the sheriff of Jack County or
the police chief of the City of Jacksboro to reimburse the district
for the district's care and treatment of a person who is confined in
a jail facility of Jack County or the City of Jacksboro and is not a
district resident.
(c) On behalf of the district, the board may contract with
the state or federal government for that government to reimburse
the district for treatment of a sick or injured person. (Acts 70th
Leg., R.S., Ch. 16, Sec. 5.12.)
Sec. 1079.116. AUTHORITY TO SUE AND BE SUED. The board may
sue and be sued on behalf of the district. (Acts 70th Leg., R.S.,
Ch. 16, Sec. 5.15.)
[Sections 1079.117-1079.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1079.151. BUDGET. (a) The district administrator
shall prepare a proposed annual budget for the district.
(b) The proposed budget must contain a complete financial
statement, including a statement of:
(1) the outstanding obligations of the district;
(2) the amount of cash on hand in each district fund;
(3) the amount of money received by the district from
all sources during the previous year;
(4) the amount of money available to the district from
all sources during the ensuing year;
(5) the amount of the balances expected at the end of
the year in which the budget is being prepared;
(6) the estimated amount of revenue and balances
available to cover the proposed budget; and
(7) the estimated tax rate required. (Acts 70th Leg.,
R.S., Ch. 16, Sec. 6.04.)
Sec. 1079.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual budget.
(b) The board shall publish notice of the hearing in a
newspaper with general circulation in the district not later than
the 10th day before the date of the hearing.
(c) Any district resident is entitled to be present and
participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the district
administrator. The board may make any changes in the proposed
budget that the board judges to be in the interests of the
taxpayers.
(e) The budget is effective only after adoption by the
board. (Acts 70th Leg., R.S., Ch. 16, Sec. 6.05.)
Sec. 1079.153. AMENDMENTS TO BUDGET. After the annual
budget is adopted, the budget may be amended on the board's
approval. (Acts 70th Leg., R.S., Ch. 16, Sec. 6.06.)
Sec. 1079.154. RESTRICTION ON EXPENDITURES. Money may be
spent only for an expense included in the budget or an amendment to
the budget. (Acts 70th Leg., R.S., Ch. 16, Sec. 6.07.)
Sec. 1079.155. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) during a period that revenue bonds of the district
are outstanding; or
(2) more than once in a 24-month period. (Acts 70th
Leg., R.S., Ch. 16, Sec. 6.01.)
Sec. 1079.156. ANNUAL AUDIT. The board annually shall have
an audit made of the district's financial condition. (Acts 70th
Leg., R.S., Ch. 16, Sec. 6.02.)
Sec. 1079.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS. The annual audit and other district records shall be open
to inspection during regular business hours at the district's
principal office. (Acts 70th Leg., R.S., Ch. 16, Sec. 6.03.)
Sec. 1079.158. FINANCIAL REPORT. As soon as practicable
after the close of the fiscal year, the district administrator
shall prepare for the board:
(1) a sworn statement of the amount of district money;
and
(2) an account of the disbursements of that money.
(Acts 70th Leg., R.S., Ch. 16, Sec. 6.08.)
Sec. 1079.159. DEPOSITORY. (a) The board shall select at
least one bank to serve as a depository for district money.
(b) District money, other than money invested as provided by
Section 1079.160(b) and money transmitted to a bank for payment of
bonds or obligations issued or assumed by the district, shall be
deposited as received with the depository bank and must remain on
deposit. This subsection does not limit the power of the board to
place a part of district money on time deposit or to purchase
certificates of deposit.
(c) The district may not deposit money with a bank in an
amount that exceeds the maximum amount secured by the Federal
Deposit Insurance Corporation unless the bank first executes a bond
or other security in an amount sufficient to secure from loss the
district money that exceeds the amount secured by the Federal
Deposit Insurance Corporation. (Acts 70th Leg., R.S., Ch. 16, Sec.
6.10.)
Sec. 1079.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as provided by Sections 1079.111, 1079.201, 1079.204, and
1079.205, the district may not incur a debt payable from district
revenue other than the revenue on hand or to be on hand in the
current and the immediately following district fiscal years.
(b) The board may invest operating, depreciation, or
building reserves only in funds or securities specified by Chapter
2256, Government Code. (Acts 70th Leg., R.S., Ch. 16, Sec. 6.09.)
[Sections 1079.161-1079.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1079.201. GENERAL OBLIGATION BONDS. If authorized by
an election, the board may issue and sell general obligation bonds
in the name and on the faith and credit of the district to:
(1) purchase, construct, acquire, repair, or renovate
buildings or improvements;
(2) equip buildings or improvements for hospital
purposes; or
(3) acquire and operate a mobile emergency medical
service. (Acts 70th Leg., R.S., Ch. 16, Sec. 7.01.)
Sec. 1079.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1079.201, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed the
limit approved by the voters at the election authorizing the
imposition of the tax. (Acts 70th Leg., R.S., Ch. 16, Sec. 7.02.)
Sec. 1079.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters voting at an
election held for that purpose.
(b) The board may order a bond election.
(c) The order calling the election must specify:
(1) the nature and date of the election;
(2) the hours during which the polls will be open;
(3) the location of the polling places;
(4) the amount of the bonds to be authorized; and
(5) the maximum maturity of the bonds.
(d) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code.
(e) The board shall declare the results of the election.
(Acts 70th Leg., R.S., Ch. 16, Sec. 7.03.)
Sec. 1079.204. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) purchase, construct, acquire, repair, renovate,
or equip buildings or improvements for hospital purposes;
(2) acquire sites to be used for hospital purposes; or
(3) acquire and operate a mobile emergency medical
service to assist the district in carrying out its hospital
purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospital system.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner provided by
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
Health and Safety Code, for issuance of revenue bonds by a county
hospital authority. (Acts 70th Leg., R.S., Ch. 16, Sec. 7.04.)
Sec. 1079.205. REFUNDING BONDS. (a) The board may issue
refunding bonds to refund an outstanding indebtedness issued or
assumed by the district.
(b) Refunding bonds may be:
(1) sold, with the proceeds of the refunding bonds
applied to the payment of the outstanding indebtedness; or
(2) exchanged wholly or partly for not less than a
similar principal amount of outstanding indebtedness. (Acts 70th
Leg., R.S., Ch. 16, Secs. 7.05(a), (c) (part).)
Sec. 1079.206. MATURITY OF BONDS. District bonds must
mature not later than 50 years after the date of issuance. (Acts
70th Leg., R.S., Ch. 16, Sec. 7.06 (part).)
Sec. 1079.207. EXECUTION OF BONDS. (a) The board president
shall execute district bonds in the district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code. (Acts 70th Leg.,
R.S., Ch. 16, Sec. 7.07.)
Sec. 1079.208. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) any transaction relating to the bonds; and
(3) profits made in the sale of the bonds. (Acts 70th
Leg., R.S., Ch. 16, Sec. 7.11 (part).)
[Sections 1079.209-1079.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1079.251. IMPOSITION OF AD VALOREM TAX. (a) The board
may impose a tax on all property in the district subject to district
taxation.
(b) The tax may be used to pay:
(1) indebtedness issued or assumed by the district;
and
(2) the maintenance and operating expenses of the
district.
(c) The district may not impose a tax to pay the principal of
or interest on revenue bonds issued under this chapter. (Acts 70th
Leg., R.S., Ch. 16, Secs. 8.01(a) (part), (c), (d), 8.02(b).)
Sec. 1079.252. TAX RATE. (a) The board may impose the tax
at a rate not to exceed the limit approved by the voters at the
election authorizing the imposition of the tax.
(b) The tax rate for all purposes may not exceed 75 cents on
each $100 valuation of all taxable property in the district.
(c) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 70th
Leg., R.S., Ch. 16, Secs. 8.01(a) (part), (b), 8.03 (part).)
Sec. 1079.253. TAX ASSESSOR-COLLECTOR. The board may
provide for the appointment of a tax assessor-collector for the
district or may contract for the assessment and collection of taxes
as provided by the Tax Code. (Acts 70th Leg., R.S., Ch. 16, Sec.
8.04(b).)
CHAPTER 1080. NIXON HOSPITAL DISTRICT OF GONZALES AND WILSON
COUNTIES, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1080.001. DEFINITIONS
Sec. 1080.002. AUTHORITY FOR CREATION
Sec. 1080.003. DISTRICT TERRITORY
Sec. 1080.004. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1080.005. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1080.006-1080.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1080.051. BOARD ELECTION; TERMS
Sec. 1080.052. QUALIFICATIONS FOR OFFICE
Sec. 1080.053. BOND; RECORD OF BOND AND OATH OR
AFFIRMATION OF OFFICE
Sec. 1080.054. OFFICERS
Sec. 1080.055. COMPENSATION; EXPENSES
Sec. 1080.056. DISTRICT ADMINISTRATOR
Sec. 1080.057. EMPLOYEES
Sec. 1080.058. MAINTENANCE OF RECORDS; PUBLIC
INSPECTION
[Sections 1080.059-1080.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1080.101. DISTRICT RESPONSIBILITY
Sec. 1080.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1080.103. MANAGEMENT AND CONTROL OF THE DISTRICT
Sec. 1080.104. HOSPITAL SYSTEM
Sec. 1080.105. RULES
Sec. 1080.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1080.107. EMINENT DOMAIN
Sec. 1080.108. GIFTS AND ENDOWMENTS
Sec. 1080.109. CONTRACTS WITH POLITICAL SUBDIVISIONS
FOR HOSPITAL AND MEDICAL CARE
Sec. 1080.110. CONTRACT CONCERNING HEALTH CARE
FACILITY IN DISTRICT
Sec. 1080.111. PAYMENT FOR TREATMENT; PROCEDURE
[Sections 1080.112-1080.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1080.151. BUDGET
Sec. 1080.152. PROPOSED BUDGET: NOTICE AND HEARING
Sec. 1080.153. FISCAL YEAR
Sec. 1080.154. ANNUAL AUDIT
Sec. 1080.155. DEPOSITORY
[Sections 1080.156-1080.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1080.201. BONDS
Sec. 1080.202. TAX TO PAY BONDS
Sec. 1080.203. BOND ELECTION
Sec. 1080.204. MATURITY OF BONDS
Sec. 1080.205. EXECUTION OF BONDS
[Sections 1080.206-1080.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1080.251. IMPOSITION OF AD VALOREM TAX
Sec. 1080.252. TAX RATE
Sec. 1080.253. TAX ASSESSOR-COLLECTOR
CHAPTER 1080. NIXON HOSPITAL DISTRICT OF GONZALES AND WILSON
COUNTIES, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1080.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Nixon Hospital District of
Gonzales and Wilson Counties, Texas. (New.)
Sec. 1080.002. AUTHORITY FOR CREATION. The Nixon Hospital
District of Gonzales and Wilson Counties, Texas, is created under
the authority of Section 9, Article IX, Texas Constitution. (Acts
59th Leg., R.S., Ch. 644, Sec. 1.)
Sec. 1080.003. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2(a), Chapter 644,
Acts of the 59th Legislature, Regular Session, 1965.
Notwithstanding the metes and bounds description provided by that
section, the district does not include any land in Karnes County.
(b) The district's boundaries described by Section 2(a),
Chapter 644, Acts of the 59th Legislature, Regular Session, 1965,
form a closure. An error in copying the description of the
boundaries does not affect the validity of the district. (Acts 59th
Leg., R.S., Ch. 644, Secs. 2(b), (c); New.)
Sec. 1080.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district's hospital
system and any indebtedness incurred by the district under this
chapter may not become a charge against or obligation of this state.
(Acts 59th Leg., R.S., Ch. 644, Sec. 17 (part).)
Sec. 1080.005. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 59th Leg., R.S., Ch. 644, Sec. 17 (part).)
[Sections 1080.006-1080.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1080.051. BOARD ELECTION; TERMS. (a) The board
consists of seven directors elected from the district at large.
(b) Directors serve staggered two-year terms unless
four-year terms are established under Section 285.081, Health and
Safety Code. (Acts 59th Leg., R.S., Ch. 644, Secs. 5(a) (part), (e),
(f), (h) (part).)
Sec. 1080.052. QUALIFICATIONS FOR OFFICE. To qualify for
election to the board, a person must:
(1) be at least 18 years of age;
(2) have been a resident of the district for at least
two years;
(3) be a qualified voter; and
(4) own taxable property in the district and have duly
rendered that property for taxation. (Acts 59th Leg., R.S., Ch.
644, Sec. 5(b).)
Sec. 1080.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION
OF OFFICE. (a) A person elected to the board shall qualify for
office by executing a good and sufficient commercial bond for
$1,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director's duties.
(b) The district shall pay for a director's bond.
(c) Each director's bond and constitutional oath or
affirmation of office shall be deposited with the district's
depository for safekeeping. (Acts 59th Leg., R.S., Ch. 644, Sec.
6(a).)
Sec. 1080.054. OFFICERS. The board shall elect from among
its members a president, a secretary, and a treasurer at the first
meeting after each directors' election. (Acts 59th Leg., R.S., Ch.
644, Sec. 6(b).)
Sec. 1080.055. COMPENSATION; EXPENSES. A director is not
entitled to compensation but is entitled to reimbursement for
necessary expenses incurred in the performance of official duties.
(Acts 59th Leg., R.S., Ch. 644, Sec. 6(c).)
Sec. 1080.056. DISTRICT ADMINISTRATOR. (a) The board may
employ a district administrator to manage the operations of the
hospital system.
(b) The district administrator may employ necessary
personnel to perform the services provided by the hospital system.
(Acts 59th Leg., R.S., Ch. 644, Sec. 11(e) (part).)
Sec. 1080.057. EMPLOYEES. The board may employ an
attorney, a general manager, a bookkeeper, an architect, and other
employees necessary for the efficient operation of the district.
(Acts 59th Leg., R.S., Ch. 644, Sec. 11(e) (part).)
Sec. 1080.058. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
The board shall:
(1) maintain all district records, including books,
accounts, notices, minutes, and other matters of the district and
its operation, at the district office; and
(2) make those records available for public inspection
at reasonable times. (Acts 59th Leg., R.S., Ch. 644, Sec. 11(b).)
[Sections 1080.059-1080.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1080.101. DISTRICT RESPONSIBILITY. The district shall
provide all necessary hospital and medical care for the district's
needy inhabitants. (Acts 59th Leg., R.S., Ch. 644, Sec. 3(a)
(part).)
Sec. 1080.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision of this state, other
than the district, may not impose a tax or issue bonds or other
obligations to provide hospital service or medical care in the
district. (Acts 59th Leg., R.S., Ch. 644, Sec. 3(a) (part).)
Sec. 1080.103. MANAGEMENT AND CONTROL OF THE DISTRICT. The
management and control of the district is vested in the board, and
the board has full power to manage and control the district. (Acts
59th Leg., R.S., Ch. 644, Secs. 5(a) (part), 11(a) (part).)
Sec. 1080.104. HOSPITAL SYSTEM. The district has the
responsibility to establish a hospital, hospital system, or clinic
within its boundaries to provide hospital and medical care to the
district's residents. (Acts 59th Leg., R.S., Ch. 644, Sec. 3(a)
(part).)
Sec. 1080.105. RULES. (a) The board shall adopt rules for
the efficient operation of the district, including district
facilities.
(b) The board shall:
(1) publish the rules in book form; and
(2) provide copies to interested persons on request at
district expense. (Acts 59th Leg., R.S., Ch. 644, Sec. 11(c).)
Sec. 1080.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe the method of making purchases and expenditures
and the manner of accounting and control used by the district.
(Acts 59th Leg., R.S., Ch. 644, Sec. 11(e) (part).)
Sec. 1080.107. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in real, personal, or mixed property located in
district territory if the interest is necessary for the district to
exercise a power or duty conferred on the district by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding, the district is not
required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court; or
(2) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 59th Leg., R.S., Ch. 644,
Sec. 14.)
Sec. 1080.108. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board under the directions, limitations, or
other provisions prescribed in writing by the donor that are not
inconsistent with the proper management of the district. (Acts
59th Leg., R.S., Ch. 644, Sec. 11(f).)
Sec. 1080.109. CONTRACTS WITH POLITICAL SUBDIVISIONS FOR
HOSPITAL AND MEDICAL CARE. The board may contract with another
political subdivision to provide hospital and medical care for
needy persons who reside outside the district. (Acts 59th Leg.,
R.S., Ch. 644, Sec. 11(g).)
Sec. 1080.110. CONTRACT CONCERNING HEALTH CARE FACILITY IN
DISTRICT. The district may contract with any of the following
entities for the entity to lease, manage, or operate a health care
facility in the district:
(1) the DeWitt Medical District; and
(2) Gonzales Healthcare Systems. (Acts 59th Leg.,
R.S., Ch. 644, Secs. 3(b), (c).)
Sec. 1080.111. PAYMENT FOR TREATMENT; PROCEDURE. (a) A
person who resides in the district is entitled to receive necessary
medical and hospital care regardless of whether the person has the
ability to pay for the care and may apply to receive this care
without cost.
(b) The board or the district administrator shall employ a
person to investigate the ability of the patient and any relative
who is liable for the patient's support to pay for the medical and
hospital care received by the patient.
(c) If the investigator determines that the patient or
relative legally liable for the patient's support cannot pay all or
part of the costs of the patient's care, the expense of the care
becomes a charge against the district.
(d) If the patient or a relative legally liable for the
patient's support can pay for all or part of the costs of the
patient's care, the board shall order the patient or relative to pay
to the treasurer each week an amount specified in the order. The
amount must be proportionate to the person's ability to pay.
(e) The district may collect the amount from the patient's
estate, or from any relative who is liable for the patient's
support, in the manner provided by law for the collection of
expenses of the last illness of a deceased person.
(f) If there is a dispute as to the ability to pay, or doubt
in the mind of the investigator, the board shall hold a hearing and,
after calling witnesses, shall:
(1) determine the question; and
(2) make the proper order based on the board's
findings.
(g) A party to the hearing who is not satisfied with the
result of the order may appeal to the district court. The appeal is
de novo, as that term is used in an appeal from a justice court to a
county court. (Acts 59th Leg., R.S., Ch. 644, Sec. 13.)
[Sections 1080.112-1080.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1080.151. BUDGET. The board shall prepare a budget
that includes:
(1) proposed expenditures and disbursements;
(2) estimated receipts and collections for the next
fiscal year; and
(3) the amount of taxes required to be imposed to meet
the proposed budget. (Acts 59th Leg., R.S., Ch. 644, Sec. 12(b).)
Sec. 1080.152. PROPOSED BUDGET: NOTICE AND HEARING. (a)
The board shall hold a public hearing on the proposed budget.
(b) Notice of the hearing must be published at least once in
a newspaper of general circulation in each county in the district
not later than the 10th day before the date of the hearing.
(c) Any person who owns taxable property in the district and
has duly rendered that property for taxation is entitled to:
(1) appear at the hearing; and
(2) be heard regarding any item in the proposed
budget. (Acts 59th Leg., R.S., Ch. 644, Secs. 12(c), (d).)
Sec. 1080.153. FISCAL YEAR. The district's fiscal year is
from October 1 to September 30. (Acts 59th Leg., R.S., Ch. 644,
Sec. 12(a).)
Sec. 1080.154. ANNUAL AUDIT. (a) The board annually shall
require an independent audit of the district's books and records.
(b) Not later than December 1 of each year, the board shall
file a copy of the audit with:
(1) the comptroller; and
(2) the district. (Acts 59th Leg., R.S., Ch. 644, Sec.
11(d).)
Sec. 1080.155. DEPOSITORY. (a) The board by resolution
shall designate a bank in Gonzales or Wilson County as the
district's depository. The designated bank serves for two years
and until a successor is designated.
(b) All district money shall be deposited in the depository
and secured in the manner provided for securing county funds. (Acts
59th Leg., R.S., Ch. 644, Sec. 15.)
[Sections 1080.156-1080.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1080.201. BONDS. The district may issue bonds to:
(1) purchase, construct, acquire, repair, or renovate
buildings or improvements; and
(2) equip buildings for hospital purposes. (Acts 59th
Leg., R.S., Ch. 644, Sec. 9(a) (part).)
Sec. 1080.202. TAX TO PAY BONDS. The board may issue bonds
under Section 1080.201 only if the board imposes an ad valorem tax
at a rate sufficient to create an interest and sinking fund to pay
the principal of and interest on the bonds as the bonds mature.
(Acts 59th Leg., R.S., Ch. 644, Secs. 10(a) (part), (c).)
Sec. 1080.203. BOND ELECTION. (a) The board may issue
bonds under Section 1080.201 only if the bonds are authorized by a
majority of district voters voting in an election held for that
purpose. The total face value of the bonds may not exceed the amount
specified in the election order.
(b) The board may order a bond election at any time.
(c) The order calling an election must include:
(1) the time of the election;
(2) the location of the polling places;
(3) the form of the ballots;
(4) the presiding judge for each polling place;
(5) the purpose of the bond issuance;
(6) the amount of the bonds to be authorized;
(7) the maximum interest rate of the bonds; and
(8) the maximum maturity of the bonds.
(d) A substantial copy of the election order shall be
published in a newspaper of general circulation in each county in
the district once a week for two consecutive weeks before the date
of the election. The first notice must be published at least 14
days before the date of the election.
(e) A copy of the election results must be filed with the
county clerks of Gonzales and Wilson Counties and become a public
record. (Acts 59th Leg., R.S., Ch. 644, Secs. 4(c), (d), (e)
(part), 9(a) (part), (b), (d), 10(a) (part).)
Sec. 1080.204. MATURITY OF BONDS. District bonds must
mature not later than 40 years after the date of issuance. (Acts
59th Leg., R.S., Ch. 644, Sec. 9(c) (part).)
Sec. 1080.205. EXECUTION OF BONDS. (a) The board president
shall execute the district's bonds in the district's name.
(b) The board secretary shall countersign the bonds. (Acts
59th Leg., R.S., Ch. 644, Sec. 10(b) (part).)
[Sections 1080.206-1080.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1080.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The tax may be used only to:
(1) pay the interest on and create a sinking fund for
bonds issued under this chapter;
(2) provide for the operation and maintenance of the
district and hospital system;
(3) make improvements and additions to the hospital
system; and
(4) acquire sites for additions to the hospital
system. (Acts 59th Leg., R.S., Ch. 644, Secs. 8(a) (part), (c).)
Sec. 1080.252. TAX RATE. The board may impose the tax at a
rate not to exceed 75 cents on each $100 valuation of taxable
property in the district. (Acts 59th Leg., R.S., Ch. 644, Sec. 8(a)
(part).)
Sec. 1080.253. TAX ASSESSOR-COLLECTOR. The tax
assessor-collectors of Gonzales and Wilson Counties shall collect
the district taxes imposed on property located in each
assessor-collector's respective county. (Acts 59th Leg., R.S., Ch.
644, Sec. 8(d) (part).)
CHAPTER 1081. NOCONA HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1081.001. DEFINITIONS
Sec. 1081.002. AUTHORITY FOR OPERATION
Sec. 1081.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1081.004. DISTRICT TERRITORY
Sec. 1081.005. CORRECTION OF INVALID PROCEDURES
Sec. 1081.006. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1081.007. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1081.008-1081.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1081.051. BOARD ELECTION; TERM
Sec. 1081.052. QUALIFICATIONS FOR OFFICE
Sec. 1081.053. BOARD VACANCY
Sec. 1081.054. OFFICERS
Sec. 1081.055. COMPENSATION; EXPENSES
Sec. 1081.056. QUORUM
Sec. 1081.057. VOTING REQUIREMENT
Sec. 1081.058. CHIEF EXECUTIVE OFFICER; ASSISTANT TO
CHIEF EXECUTIVE OFFICER
Sec. 1081.059. GENERAL DUTIES OF CHIEF EXECUTIVE
OFFICER
Sec. 1081.060. APPOINTMENT OF STAFF AND EMPLOYEES
[Sections 1081.061-1081.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1081.101. DISTRICT RESPONSIBILITY
Sec. 1081.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1081.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1081.104. HOSPITAL SYSTEM
Sec. 1081.105. RULES
Sec. 1081.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1081.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1081.108. EMINENT DOMAIN
Sec. 1081.109. GIFTS AND ENDOWMENTS
Sec. 1081.110. CONSTRUCTION CONTRACTS
Sec. 1081.111. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1081.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR HOSPITALIZATION
Sec. 1081.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR INVESTIGATORY AND OTHER SERVICES
Sec. 1081.114. CARE AND TREATMENT FOR INDIGENT
Sec. 1081.115. AUTHORITY TO SUE AND BE SUED
[Sections 1081.116-1081.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1081.151. BUDGET
Sec. 1081.152. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1081.153. AMENDMENTS TO BUDGET
Sec. 1081.154. RESTRICTION ON EXPENDITURES
Sec. 1081.155. FISCAL YEAR
Sec. 1081.156. AUDIT
Sec. 1081.157. INSPECTION OF AUDIT AND DISTRICT
RECORDS
Sec. 1081.158. FINANCIAL REPORT
Sec. 1081.159. DEPOSITORY
Sec. 1081.160. SPENDING AND INVESTMENT RESTRICTIONS
[Sections 1081.161-1081.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1081.201. GENERAL OBLIGATION BONDS
Sec. 1081.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1081.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1081.204. REVENUE BONDS
Sec. 1081.205. MATURITY OF BONDS
Sec. 1081.206. EXECUTION OF BONDS
Sec. 1081.207. BONDS EXEMPT FROM TAXATION
[Sections 1081.208-1081.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1081.251. IMPOSITION OF AD VALOREM TAX
Sec. 1081.252. TAX RATE
Sec. 1081.253. TAX ASSESSOR-COLLECTOR
[Sections 1081.254-1081.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION
Sec. 1081.301. DISSOLUTION; ELECTION
Sec. 1081.302. NOTICE OF ELECTION
Sec. 1081.303. BALLOT
Sec. 1081.304. ELECTION RESULTS
Sec. 1081.305. TRANSFER OR ADMINISTRATION OF ASSETS
Sec. 1081.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
Sec. 1081.307. REPORT; DISSOLUTION ORDER
CHAPTER 1081. NOCONA HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1081.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Nocona Hospital District.
(New.)
Sec. 1081.002. AUTHORITY FOR OPERATION. The Nocona
Hospital District operates in accordance with Section 9, Article
IX, Texas Constitution, and has the rights, powers, and duties
provided by this chapter. (Acts 62nd Leg., R.S., Ch. 868, Sec. 1
(part).)
Sec. 1081.003. ESSENTIAL PUBLIC FUNCTION. The district
performs an essential public function in carrying out the purposes
of this chapter. (Acts 62nd Leg., R.S., Ch. 868, Sec. 21 (part).)
Sec. 1081.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of the Nocona and
Prairie Valley Independent School Districts of Montague County,
Texas, as those boundaries existed on January 1, 1971. (Acts 62nd
Leg., R.S., Ch. 868, Sec. 1 (part).)
Sec. 1081.005. CORRECTION OF INVALID PROCEDURES. If a
court holds that any procedure under this chapter violates the
constitution of this state or of the United States, the district by
resolution may provide an alternative procedure that conforms with
the constitution. (Acts 62nd Leg., R.S., Ch. 868, Sec. 23 (part).)
Sec. 1081.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state. (Acts 62nd
Leg., R.S., Ch. 868, Sec. 20 (part).)
Sec. 1081.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for
construction, maintenance, or improvement of a district facility.
(Acts 62nd Leg., R.S., Ch. 868, Sec. 20 (part).)
[Sections 1081.008-1081.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1081.051. BOARD ELECTION; TERM. (a) The board
consists of seven directors elected from the district at large.
(b) Unless four-year terms are established under Section
285.081, Health and Safety Code:
(1) directors serve staggered two-year terms;
(2) an election shall be held annually on the May
uniform election date under Section 41.001, Election Code; and
(3) the terms of four directors expire in odd-numbered
years and the terms of three directors expire in even-numbered
years. (Acts 62nd Leg., R.S., Ch. 868, Secs. 4(a), (b).)
Sec. 1081.052. QUALIFICATIONS FOR OFFICE. (a) A person may
not be elected or appointed as a director unless the person is:
(1) a resident of the district; and
(2) a qualified voter.
(b) A person is not eligible to serve as a director if the
person is:
(1) the district chief executive officer;
(2) a district employee; or
(3) a medical staff member of the hospital. (Acts 62nd
Leg., R.S., Ch. 868, Sec. 4(e).)
Sec. 1081.053. BOARD VACANCY. If a vacancy occurs in the
office of director, the remaining directors shall appoint a
director for the unexpired term. (Acts 62nd Leg., R.S., Ch. 868,
Sec. 4(d).)
Sec. 1081.054. OFFICERS. (a) The board shall elect:
(1) a president and vice president from among its
members; and
(2) a secretary, who need not be a director.
(b) Each officer of the board serves for a term of one year.
(c) The board shall fill a vacancy in a board office for the
unexpired term. (Acts 62nd Leg., R.S., Ch. 868, Sec. 4(f) (part).)
Sec. 1081.055. COMPENSATION; EXPENSES. A director or
officer serves without compensation but may be reimbursed for
actual expenses incurred in the performance of official duties.
The expenses must be:
(1) reported in the district's records; and
(2) approved by the board. (Acts 62nd Leg., R.S., Ch.
868, Sec. 4(f) (part).)
Sec. 1081.056. QUORUM. Any five directors constitute a
quorum. (Acts 62nd Leg., R.S., Ch. 868, Sec. 4(f) (part).)
Sec. 1081.057. VOTING REQUIREMENT. A concurrence of five
directors is sufficient in any matter relating to district
business. (Acts 62nd Leg., R.S., Ch. 868, Sec. 4(f) (part).)
Sec. 1081.058. CHIEF EXECUTIVE OFFICER; ASSISTANT TO CHIEF
EXECUTIVE OFFICER. (a) The board shall appoint a qualified person
as the chief executive officer of the district.
(b) The board may appoint an assistant to the chief
executive officer.
(c) The chief executive officer and any assistant to the
chief executive officer serve at the will of the board and are
entitled to the compensation determined by the board. (Acts 62nd
Leg., R.S., Ch. 868, Sec. 5(c) (part).)
Sec. 1081.059. GENERAL DUTIES OF CHIEF EXECUTIVE OFFICER.
Subject to the limitations prescribed by the board, the chief
executive officer shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 62nd
Leg., R.S., Ch. 868, Sec. 5(c) (part).)
Sec. 1081.060. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
board may appoint to the staff any doctors the board considers
necessary for the efficient operation of the district and may make
temporary appointments as necessary.
(b) The district may employ fiscal agents, accountants,
architects, and attorneys the board considers proper.
(c) The board may delegate to the chief executive officer
the authority to hire district employees, including technicians and
nurses. (Acts 62nd Leg., R.S., Ch. 868, Secs. 5(d), (e), 16.)
[Sections 1081.061-1081.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1081.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for operating all hospital facilities for
providing hospital care for the district's needy inhabitants.
(Acts 62nd Leg., R.S., Ch. 868, Sec. 19 (part).)
Sec. 1081.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision located within the
district may not impose a tax or issue bonds or other obligations
for hospital purposes or to provide medical care for the district's
inhabitants. (Acts 62nd Leg., R.S., Ch. 868, Sec. 19 (part).)
Sec. 1081.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital system
and the district's money and resources. (Acts 62nd Leg., R.S., Ch.
868, Sec. 5(a) (part).)
Sec. 1081.104. HOSPITAL SYSTEM. (a) The district shall
provide for the establishment of a hospital system by:
(1) purchasing, constructing, acquiring, repairing,
or renovating buildings and equipment;
(2) equipping the buildings; and
(3) administering the buildings and equipment for
hospital purposes.
(b) The hospital system may include:
(1) residential care of the sick and injured;
(2) outpatient clinics;
(3) dispensaries;
(4) nursing home facilities;
(5) necessary nurses;
(6) training centers;
(7) blood banks;
(8) community mental health centers;
(9) research centers or laboratories; and
(10) any other facility the board considers necessary
for hospital care. (Acts 62nd Leg., R.S., Ch. 868, Secs. 2 (part),
10(a) (part).)
Sec. 1081.105. RULES. The board may adopt rules governing
the operation of the hospital, the hospital system, and the
district's staff and employees. (Acts 62nd Leg., R.S., Ch. 868,
Sec. 5(b) (part).)
Sec. 1081.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures. (Acts 62nd
Leg., R.S., Ch. 868, Sec. 10(d) (part).)
Sec. 1081.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine the type, number, and
location of buildings required to maintain an adequate hospital
system.
(b) The board may lease all or part of the district's
buildings and other facilities on terms considered to be in the best
interest of the district's inhabitants. The term of the lease may
not exceed 25 years.
(c) The district may acquire equipment for use in the
district's hospital system and mortgage or pledge the property as
security for the payment of the purchase price. A contract entered
into under this subsection must provide that the entire obligation
be retired not later than the fifth anniversary of the date of the
contract.
(d) The district may sell or otherwise dispose of any
property, including equipment, on terms the board finds are in the
best interest of the district's inhabitants. (Acts 62nd Leg.,
R.S., Ch. 868, Secs. 10(a) (part), (b) (part), (c), (d) (part).)
Sec. 1081.108. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property located in district
territory if the interest is necessary or convenient for the
district to exercise a power, right, or privilege conferred by this
chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 62nd Leg., R.S., Ch. 868,
Sec. 14.)
Sec. 1081.109. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 62nd Leg., R.S., Ch. 868,
Sec. 18.)
Sec. 1081.110. CONSTRUCTION CONTRACTS. A construction
contract that requires the expenditure of more than the amount
provided by Section 271.024, Local Government Code, may be entered
into only after competitive bidding as provided by Subchapter B,
Chapter 271, Local Government Code. (Acts 62nd Leg., R.S., Ch. 868,
Sec. 10(d) (part).)
Sec. 1081.111. OPERATING AND MANAGEMENT CONTRACTS. The
board may enter into an operating or management contract relating
to a district facility. (Acts 62nd Leg., R.S., Ch. 868, Sec. 10(b)
(part).)
Sec. 1081.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
HOSPITALIZATION. (a) The board may contract with a county or
municipality located outside the district's boundaries for the
hospitalization of a sick or injured person of that county or
municipality.
(b) The board may contract with this state or a federal
agency for the hospital treatment of a sick or injured person.
(Acts 62nd Leg., R.S., Ch. 868, Sec. 5(f) (part).)
Sec. 1081.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
INVESTIGATORY AND OTHER SERVICES. The board may contract with a
political subdivision or governmental agency for the district to
provide investigatory or other services for the hospitalization
needs of district inhabitants. (Acts 62nd Leg., R.S., Ch. 868, Sec.
5(f) (part).)
Sec. 1081.114. CARE AND TREATMENT FOR INDIGENT. The
district shall provide health care and treatment to indigent
persons in accordance with policies and procedures adopted by the
board. (Acts 62nd Leg., R.S., Ch. 868, Sec. 17.)
Sec. 1081.115. AUTHORITY TO SUE AND BE SUED. The district,
through the board, may sue and be sued. (Acts 62nd Leg., R.S., Ch.
868, Sec. 5(b) (part).)
[Sections 1081.116-1081.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1081.151. BUDGET. (a) The chief executive officer
shall prepare an annual budget for approval by the board.
(b) The proposed budget must contain a complete financial
statement of:
(1) the outstanding obligations of the district;
(2) the cash on hand in each district fund;
(3) the money received by the district from all
sources during the previous year;
(4) the money available to the district from all
sources during the ensuing year;
(5) the balances expected at the end of the year in
which the budget is being prepared;
(6) the estimated revenue and balances available to
cover the proposed budget; and
(7) the estimated tax rate required. (Acts 62nd Leg.,
R.S., Ch. 868, Sec. 6(b).)
Sec. 1081.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual budget.
(b) The board shall publish notice of the hearing in
accordance with Chapter 551, Government Code.
(c) Any district resident is entitled to be present and be
heard at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the chief executive
officer. The board may make any changes in the proposed budget that
the board judges to be in the interest of the taxpayers and that the
law warrants. (Acts 62nd Leg., R.S., Ch. 868, Sec. 6(c) (part).)
Sec. 1081.153. AMENDMENTS TO BUDGET. The budget may be
amended as required by circumstances. The board must approve all
amendments. (Acts 62nd Leg., R.S., Ch. 868, Sec. 6(c) (part).)
Sec. 1081.154. RESTRICTION ON EXPENDITURES. Money may be
spent only for an expense included in the budget or an amendment to
the budget. (Acts 62nd Leg., R.S., Ch. 868, Sec. 6(c) (part).)
Sec. 1081.155. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) if revenue bonds of the district are outstanding;
or
(2) more than once in a 24-month period. (Acts 62nd
Leg., R.S., Ch. 868, Sec. 6(a) (part).)
Sec. 1081.156. AUDIT. The board shall have an audit made of
the district's financial condition. (Acts 62nd Leg., R.S., Ch.
868, Sec. 6(a) (part).)
Sec. 1081.157. INSPECTION OF AUDIT AND DISTRICT RECORDS.
The audit and other district records shall be open to inspection at
the district's principal office. (Acts 62nd Leg., R.S., Ch. 868,
Sec. 6(a) (part).)
Sec. 1081.158. FINANCIAL REPORT. As soon as practicable
after the close of each fiscal year, the chief executive officer
shall prepare for the board:
(1) a complete sworn statement of all district money;
and
(2) a complete account of the disbursements of that
money. (Acts 62nd Leg., R.S., Ch. 868, Sec. 6(c) (part).)
Sec. 1081.159. DEPOSITORY. (a) The board shall select one
or more banks inside or outside the district to serve as a
depository for district money.
(b) District money, other than money invested as provided by
Section 1081.160(b), and money transmitted to a bank for payment of
bonds or obligations issued or assumed by the district, shall be
deposited as received with the depository bank and shall remain on
deposit.
(c) This chapter, including Subsection (b), does not limit
the power of the board to place a part of district money on time
deposit or to purchase certificates of deposit. (Acts 62nd Leg.,
R.S., Ch. 868, Sec. 11.)
Sec. 1081.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as otherwise provided by Section 1081.107(c) and Subchapter
E, the district may not incur an obligation payable from district
revenue other than the revenue on hand or to be on hand in the
current and following district fiscal year.
(b) The board may invest operating, depreciation, or
building reserves only in funds or securities specified by Chapter
2256, Government Code. (Acts 62nd Leg., R.S., Ch. 868, Secs. 5(a)
(part), 10(d) (part).)
[Sections 1081.161-1081.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1081.201. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligation bonds in the name and on the faith
and credit of the district for any purpose relating to:
(1) the purchase, construction, acquisition, repair,
or renovation of buildings or improvements; and
(2) equipping buildings or improvements for hospital
purposes. (Acts 62nd Leg., R.S., Ch. 868, Sec. 7(a).)
Sec. 1081.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1081.201, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed 75
cents on each $100 valuation of all taxable property in the
district. (Acts 62nd Leg., R.S., Ch. 868, Sec. 7(b) (part).)
Sec. 1081.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters voting at an
election held for that purpose.
(b) The order and publication of notice for the bond
election must be provided in accordance with Chapter 1251,
Government Code. (Acts 62nd Leg., R.S., Ch. 868, Sec. 7(c) (part).)
Sec. 1081.204. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) purchase, construct, acquire, repair, renovate,
or equip buildings or improvements for hospital purposes; or
(2) acquire sites to be used for hospital purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospitals.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner and in accordance
with the procedures and requirements prescribed by Sections
264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
and Safety Code, for issuance of revenue bonds by a county hospital
authority. (Acts 62nd Leg., R.S., Ch. 868, Sec. 9 (part).)
Sec. 1081.205. MATURITY OF BONDS. District bonds must
mature not later than 40 years after the date of issuance. (Acts
62nd Leg., R.S., Ch. 868, Sec. 7(e) (part).)
Sec. 1081.206. EXECUTION OF BONDS. (a) The board president
shall execute the district's bonds in the district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code. (Acts 62nd Leg.,
R.S., Ch. 868, Sec. 7(e) (part).)
Sec. 1081.207. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) the transfer and issuance of the bonds; and
(3) profits made in the sale of bonds. (Acts 62nd
Leg., R.S., Ch. 868, Sec. 21 (part).)
[Sections 1081.208-1081.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1081.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The board shall impose the tax to pay:
(1) indebtedness issued or assumed by the district;
and
(2) the maintenance and operating expenses of the
district.
(c) The board may not impose the tax to pay the principal of
or interest on revenue bonds issued under Section 1081.204. (Acts
62nd Leg., R.S., Ch. 868, Secs. 7(b) (part), 12 (part), 15(b).)
Sec. 1081.252. TAX RATE. (a) The board may impose the tax
at a rate not to exceed 75 cents on each $100 valuation of all
taxable property in the district.
(b) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 62nd
Leg., R.S., Ch. 868, Secs. 7(b) (part), 12 (part), 15(a).)
Sec. 1081.253. TAX ASSESSOR-COLLECTOR. The board may
provide for the appointment of a tax assessor-collector for the
district or may contract for the assessment and collection of taxes
as provided by the Tax Code. (Acts 62nd Leg., R.S., Ch. 868, Sec.
15(d).)
[Sections 1081.254-1081.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION
Sec. 1081.301. DISSOLUTION; ELECTION. (a) The district
may be dissolved only on approval of a majority of the registered
district voters voting in an election held for that purpose.
(b) The board may order an election on the question of
dissolving the district and disposing of the district's assets and
obligations.
(c) The board shall order an election if the board receives
a petition requesting an election that is signed by at least 15
percent of the registered voters in the district.
(d) The election shall be held not later than the 60th day
after the date the election is ordered.
(e) The order calling the election must state:
(1) the nature of the election, including the
proposition to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(f) Section 41.001(a), Election Code, does not apply to an
election ordered under this section. (Acts 62nd Leg., R.S., Ch.
868, Secs. 19A(a), (b), (c), (d).)
Sec. 1081.302. NOTICE OF ELECTION. (a) The board shall
give notice of an election under this subchapter by publishing once
a week for two consecutive weeks a substantial copy of the election
order in a newspaper with general circulation in the district.
(b) The first publication of notice must appear not later
than the 35th day before the date set for the election. (Acts 62nd
Leg., R.S., Ch. 868, Sec. 19A(e).)
Sec. 1081.303. BALLOT. The ballot for an election under
this subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Nocona Hospital District."
(Acts 62nd Leg., R.S., Ch. 868, Sec. 19A(f).)
Sec. 1081.304. ELECTION RESULTS. (a) If a majority of the
votes in an election under this subchapter favor dissolution, the
board shall find that the district is dissolved.
(b) If a majority of the votes in the election do not favor
dissolution, the board shall continue to administer the district
and another election on the question of dissolution may not be held
before the first anniversary of the date of the most recent election
to dissolve the district. (Acts 62nd Leg., R.S., Ch. 868, Sec.
19A(g).)
Sec. 1081.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
If a majority of the votes in the election held under this
subchapter favor dissolution, the board shall:
(1) transfer the land, buildings, improvements,
equipment, and other assets that belong to the district to Montague
County or another governmental entity in Montague County; or
(2) administer the property, assets, and debts until
all money has been disposed of and all district debts have been paid
or settled.
(b) If the district makes the transfer under Subsection
(a)(1), the county or entity assumes all debts and obligations of
the district at the time of the transfer, and the district is
dissolved.
(c) If Subsection (a)(1) does not apply and the board
administers the property, assets, and debts of the district under
Subsection (a)(2), the district is dissolved when all the money has
been disposed of and all district debts have been paid or settled.
(Acts 62nd Leg., R.S., Ch. 868, Secs. 19A(h), (i), (j).)
Sec. 1081.306. IMPOSITION OF TAX AND RETURN OF SURPLUS. (a)
After the board finds that the district is dissolved, the board
shall:
(1) determine any debt owed by the district; and
(2) impose on the property included on the district's
tax roll a tax that is in proportion of any debt to the property
value.
(b) On the payment of all outstanding debts and obligations
of the district, the board shall order the secretary to return to
each district taxpayer the taxpayer's pro rata share of all unused
tax money.
(c) A taxpayer may request that the taxpayer's share of
surplus tax money be credited to the taxpayer's county taxes. If a
taxpayer requests the credit, the board shall direct the secretary
to transmit the money to the county tax assessor-collector. (Acts
62nd Leg., R.S., Ch. 868, Secs. 19A(k), (l), (m).)
Sec. 1081.307. REPORT; DISSOLUTION ORDER. (a) After the
district has paid all district debts and has disposed of all
district money and other assets as prescribed by this subchapter,
the board shall file a written report with the Commissioners Court
of Montague County summarizing the board's actions in dissolving
the district.
(b) Not later than the 10th day after the date the
Commissioners Court of Montague County receives the report and
determines that the requirements of this subchapter have been
fulfilled, the commissioners court shall enter an order dissolving
the district and releasing the board from any further duty or
obligation. (Acts 62nd Leg., R.S., Ch. 868, Secs. 19A(n), (o).)
CHAPTER 1082. NOLAN COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1082.001. DEFINITIONS
Sec. 1082.002. AUTHORITY FOR OPERATION
Sec. 1082.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1082.004. DISTRICT TERRITORY
Sec. 1082.005. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1082.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1082.007-1082.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1082.051. BOARD ELECTION; TERMS
Sec. 1082.052. NOTICE OF ELECTION
Sec. 1082.053. BALLOT PETITION
Sec. 1082.054. QUALIFICATIONS FOR OFFICE
Sec. 1082.055. BOARD VACANCY
Sec. 1082.056. OFFICERS
Sec. 1082.057. COMPENSATION; EXPENSES
Sec. 1082.058. VOTING REQUIREMENT
Sec. 1082.059. DISTRICT ADMINISTRATOR
Sec. 1082.060. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1082.061. ASSISTANT DISTRICT ADMINISTRATOR;
ATTORNEY
Sec. 1082.062. APPOINTMENT OF STAFF AND EMPLOYEES
Sec. 1082.063. RETIREMENT BENEFITS
[Sections 1082.064-1082.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1082.101. DISTRICT RESPONSIBILITY
Sec. 1082.102. RESTRICTION ON GOVERNMENTAL ENTITY
TAXATION AND DEBT
Sec. 1082.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1082.104. RULES
Sec. 1082.105. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1082.106. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1082.107. EMINENT DOMAIN
Sec. 1082.108. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 1082.109. GIFTS AND ENDOWMENTS
Sec. 1082.110. CONSTRUCTION CONTRACTS
Sec. 1082.111. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1082.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR SERVICES
Sec. 1082.113. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1082.114. REIMBURSEMENT FOR SERVICES
Sec. 1082.115. AUTHORITY TO SUE AND BE SUED
[Sections 1082.116-1082.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1082.151. BUDGET
Sec. 1082.152. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1082.153. AMENDMENTS TO BUDGET
Sec. 1082.154. RESTRICTION ON EXPENDITURES
Sec. 1082.155. FISCAL YEAR
Sec. 1082.156. ANNUAL AUDIT
Sec. 1082.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS
Sec. 1082.158. FINANCIAL REPORT
Sec. 1082.159. DEPOSITORY
Sec. 1082.160. SPENDING AND INVESTMENT RESTRICTIONS
[Sections 1082.161-1082.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1082.201. GENERAL OBLIGATION BONDS
Sec. 1082.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1082.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1082.204. REVENUE BONDS
Sec. 1082.205. REFUNDING BONDS
Sec. 1082.206. MATURITY OF BONDS
Sec. 1082.207. EXECUTION OF BONDS
Sec. 1082.208. BONDS EXEMPT FROM TAXATION
[Sections 1082.209-1082.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1082.251. IMPOSITION OF AD VALOREM TAX
Sec. 1082.252. TAX RATE
Sec. 1082.253. TAX ASSESSOR-COLLECTOR
CHAPTER 1082. NOLAN COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1082.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Nolan County Hospital
District. (Acts 71st Leg., R.S., Ch. 8, Sec. 1.01.)
Sec. 1082.002. AUTHORITY FOR OPERATION. The Nolan County
Hospital District operates and is financed as provided by Section
9, Article IX, Texas Constitution, and by this chapter. (Acts 71st
Leg., R.S., Ch. 8, Sec. 1.02.)
Sec. 1082.003. ESSENTIAL PUBLIC FUNCTION. The district is
a public entity performing an essential public function. (Acts
71st Leg., R.S., Ch. 8, Sec. 7.11 (part).)
Sec. 1082.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Nolan County,
Texas. (Acts 71st Leg., R.S., Ch. 8, Sec. 1.03.)
Sec. 1082.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The state may not become obligated for the support or
maintenance of the district. (Acts 71st Leg., R.S., Ch. 8, Sec.
9.01 (part).)
Sec. 1082.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 71st Leg., R.S., Ch. 8, Sec. 9.01 (part).)
[Sections 1082.007-1082.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1082.051. BOARD ELECTION; TERMS. (a) The district is
governed by a board of not fewer than seven or more than nine
directors, as determined by the board.
(b) As determined by the board, the directors are elected
from:
(1) the district at large;
(2) single-member districts; or
(3) any combination of single-member districts and
at-large positions.
(c) At an election for directors in which at least two
directors are to be elected at large, the appropriate number of
candidates receiving the highest number of votes are elected. An
election for at-large directors may not be by place or numbered
post.
(d) Unless four-year terms are established under Section
285.081, Health and Safety Code:
(1) directors serve two-year terms; and
(2) an election shall be held each year to elect the
appropriate number of directors. (Acts 71st Leg., R.S., Ch. 8,
Secs. 4.01(a), 4.03(a) (part), (b), (d) (part).)
Sec. 1082.052. NOTICE OF ELECTION. Not later than the 35th
day before the date of an election of directors, notice of the
election shall be published one time in a newspaper with general
circulation in the district. (Acts 71st Leg., R.S., Ch. 8, Sec.
4.04 (part).)
Sec. 1082.053. BALLOT PETITION. A person seeking to have
the person's name printed on the ballot as a candidate for director
must file with the board secretary a petition requesting that
action. The petition must:
(1) be signed by at least 10 registered voters of the
district, as determined by the most recent official list of
registered voters, who:
(A) reside in the appropriate single-member
district, if the person seeks to become a candidate to represent a
single-member district; or
(B) reside anywhere in the district, if the
person seeks to become a candidate to represent the district at
large;
(2) be filed not later than the 31st day before the
date of the election; and
(3) specify the single-member district the person
seeks to represent or specify that the candidate seeks to represent
the district at large. (Acts 71st Leg., R.S., Ch. 8, Sec. 4.05.)
Sec. 1082.054. QUALIFICATIONS FOR OFFICE. (a) To be
eligible to be a candidate for or to serve as a director, a person
must be:
(1) a resident of the district; and
(2) a qualified voter.
(b) A person who is elected from a single-member district or
who is appointed to fill a vacancy for a single-member district must
reside in that single-member district.
(c) A district employee may not serve as a director. (Acts
71st Leg., R.S., Ch. 8, Secs. 4.03 (part), 4.06.)
Sec. 1082.055. BOARD VACANCY. If a vacancy occurs in the
office of director, the remaining directors shall appoint a
director for the unexpired term. (Acts 71st Leg., R.S., Ch. 8, Sec.
4.07.)
Sec. 1082.056. OFFICERS. (a) The board shall elect a
president and a vice president from among its members.
(b) The board shall appoint a secretary, who need not be a
director.
(c) Each officer of the board serves for a term of one year.
(d) The board shall fill a vacancy in a board office for the
unexpired term. (Acts 71st Leg., R.S., Ch. 8, Secs. 4.08, 4.09.)
Sec. 1082.057. COMPENSATION; EXPENSES. A director or
officer serves without compensation but may be reimbursed for
actual expenses incurred in the performance of official duties.
The expenses must be:
(1) reported in the district's records; and
(2) approved by the board. (Acts 71st Leg., R.S., Ch.
8, Sec. 4.10.)
Sec. 1082.058. VOTING REQUIREMENT. A concurrence of a
majority of the directors voting is necessary in any matter
relating to district business. (Acts 71st Leg., R.S., Ch. 8, Sec.
4.11.)
Sec. 1082.059. DISTRICT ADMINISTRATOR. (a) The board may
appoint a qualified person as district administrator.
(b) The district administrator serves at the will of the
board and is entitled to the compensation determined by the board.
(c) Before assuming the duties of district administrator,
the administrator must execute a bond in an amount determined by the
board of not less than $5,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
administrator's duties under this chapter.
(d) The board may pay for the bond with district money.
(Acts 71st Leg., R.S., Ch. 8, Secs. 4.12(a) (part), (b) (part), (c)
(part), (d).)
Sec. 1082.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the general affairs of the district. (Acts
71st Leg., R.S., Ch. 8, Sec. 4.15.)
Sec. 1082.061. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
(a) The board may appoint qualified persons as:
(1) the assistant district administrator; and
(2) the attorney for the district.
(b) The assistant district administrator and the attorney
for the district serve at the will of the board and are entitled to
the compensation determined by the board. (Acts 71st Leg., R.S.,
Ch. 8, Secs. 4.12(a) (part), (b) (part), (c) (part).)
Sec. 1082.062. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
board may appoint to the staff any doctors the board considers
necessary for the efficient operation of the district and may make
temporary appointments as considered necessary.
(b) The district may employ technicians, nurses, fiscal
agents, accountants, architects, additional attorneys, and other
necessary employees.
(c) The board may delegate to the district administrator the
authority to employ persons for the district. (Acts 71st Leg.,
R.S., Ch. 8, Secs. 4.13, 4.14.)
Sec. 1082.063. RETIREMENT BENEFITS. The board may provide
retirement benefits for district employees by:
(1) establishing or administering a retirement
program; or
(2) participating in:
(A) the Texas County and District Retirement
System; or
(B) another statewide retirement system in which
the district is eligible to participate. (Acts 71st Leg., R.S., Ch.
8, Sec. 4.16.)
[Sections 1082.064-1082.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1082.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for:
(1) operating hospital facilities; and
(2) providing medical and hospital care for the
district's needy inhabitants. (Acts 71st Leg., R.S., Ch. 8, Sec.
5.02 (part).)
Sec. 1082.102. RESTRICTION ON GOVERNMENTAL ENTITY TAXATION
AND DEBT. Nolan County, the City of Sweetwater, or any other
governmental entity in which the district is located may not impose
a tax or issue bonds or other obligations for hospital purposes or
to provide medical care for district residents. (Acts 71st Leg.,
R.S., Ch. 8, Sec. 5.01(c).)
Sec. 1082.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital system
and the district's money and resources. (Acts 71st Leg., R.S., Ch.
8, Sec. 5.03.)
Sec. 1082.104. RULES. The board may adopt rules governing:
(1) the operation of the hospital and hospital system;
and
(2) the duties, functions, and responsibilities of
district staff and employees. (Acts 71st Leg., R.S., Ch. 8, Sec.
5.04.)
Sec. 1082.105. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method of making purchases and expenditures by
and for the district; and
(2) accounting and control procedures for the
district. (Acts 71st Leg., R.S., Ch. 8, Sec. 5.05.)
Sec. 1082.106. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine:
(1) the type, number, and location of buildings
required to maintain an adequate hospital system; and
(2) the type of equipment necessary for hospital care.
(b) The board may:
(1) acquire property, including facilities and
equipment, for the district for use in the hospital system; and
(2) mortgage or pledge the property as security for
the payment of the purchase price.
(c) The board may lease hospital facilities for the
district.
(d) The board may sell or otherwise dispose of property,
including facilities or equipment, for the district. (Acts 71st
Leg., R.S., Ch. 8, Sec. 5.06.)
Sec. 1082.107. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in property located in district territory if the
interest is necessary to exercise a right or authority conferred by
this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 71st Leg., R.S., Ch. 8,
Sec. 5.09.)
Sec. 1082.108. COST OF RELOCATING OR ALTERING PROPERTY. In
exercising the power of eminent domain, if the board requires
relocating, raising, lowering, rerouting, changing the grade, or
altering the construction of any railroad, highway, pipeline, or
electric transmission and electric distribution, telegraph, or
telephone line, conduit, pole, or facility, the district must bear
the actual cost of relocating, raising, lowering, rerouting,
changing the grade, or altering the construction to provide
comparable replacement without enhancement of facilities, after
deducting the net salvage value derived from the old facility.
(Acts 71st Leg., R.S., Ch. 8, Sec. 5.10.)
Sec. 1082.109. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust for any
purpose and under any direction, limitation, or other provision
prescribed in writing by the donor that is consistent with the
proper management of the district. (Acts 71st Leg., R.S., Ch. 8,
Sec. 5.14.)
Sec. 1082.110. CONSTRUCTION CONTRACTS. (a) The board may
enter into construction contracts for the district.
(b) The board may enter into a construction contract that
involves the expenditure of more than the amount provided by
Section 271.024, Local Government Code, only after competitive
bidding as provided by Subchapter B, Chapter 271, Local Government
Code. (Acts 71st Leg., R.S., Ch. 8, Sec. 5.07(a).)
Sec. 1082.111. OPERATING AND MANAGEMENT CONTRACTS. The
board may enter into an operating or management contract relating
to a hospital facility for the district. (Acts 71st Leg., R.S., Ch.
8, Sec. 5.08.)
Sec. 1082.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
SERVICES. The board may contract with a political subdivision of
this state or with a state or federal agency for the district to:
(1) furnish a mobile emergency medical service; or
(2) provide for the investigatory or welfare needs of
district inhabitants. (Acts 71st Leg., R.S., Ch. 8, Sec. 5.13.)
Sec. 1082.113. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a patient who resides in the district is admitted to a district
facility, the district administrator may have an inquiry made into
the financial circumstances of:
(1) the patient; or
(2) a relative of the patient who is legally
responsible for the patient's support.
(b) The district without charge shall provide to a patient
who resides in the district the care and treatment that the patient
or a relative of the patient who is legally responsible for the
patient's support cannot pay.
(c) On determining that the patient or a relative legally
responsible for the patient's support can pay for all or part of the
care and treatment provided by the district, the district
administrator shall report that determination to the board, and the
board shall issue an order directing the patient or the relative to
pay the district a specified amount each week. The amount must be
based on the individual's ability to pay.
(d) The district administrator may collect money owed to the
district from the estate of the patient or from that of a relative
legally responsible for the patient's support in the manner
provided by law for collection of expenses of the last illness of a
deceased person.
(e) If there is a dispute relating to an individual's
ability to pay or if the district administrator has any doubt
concerning an individual's ability to pay, the board shall:
(1) call witnesses;
(2) hear and resolve the question; and
(3) issue a final order.
(f) A final order of the board may be appealed to a district
court in Nolan County. The substantial evidence rule applies to the
appeal. (Acts 71st Leg., R.S., Ch. 8, Secs. 5.11(a), (c), (d), (e),
(f).)
Sec. 1082.114. REIMBURSEMENT FOR SERVICES. (a) The board
shall require a county, municipality, or public hospital located
outside the district to reimburse the district for the district's
care and treatment of a sick or injured person of that county,
municipality, or public hospital as provided by Chapter 61, Health
and Safety Code.
(b) The board shall require the sheriff of Nolan County or
the police chief of the City of Sweetwater, as appropriate, to
reimburse the district for the district's care and treatment of a
person who is confined in a jail facility of Nolan County or the
City of Sweetwater, as appropriate, and is not a district resident.
(c) The board may contract with the state or federal
government for that government to reimburse the district for
treatment of a sick or injured person. (Acts 71st Leg., R.S., Ch.
8, Sec. 5.12.)
Sec. 1082.115. AUTHORITY TO SUE AND BE SUED. The board may
sue and be sued on behalf of the district. (Acts 71st Leg., R.S.,
Ch. 8, Sec. 5.15.)
[Sections 1082.116-1082.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1082.151. BUDGET. (a) The district administrator
shall prepare a proposed annual budget for the district.
(b) The proposed budget must contain a complete financial
statement, including a statement of:
(1) the outstanding obligations of the district;
(2) the amount of cash on hand to the credit of each
district fund;
(3) the amount of money received by the district from
all sources during the previous year;
(4) the amount of money available to the district from
all sources during the ensuing year;
(5) the amount of the balances expected at the end of
the year in which the budget is being prepared;
(6) the estimated amount of revenue and balances
available to cover the proposed budget; and
(7) the estimated tax rate to be required. (Acts 71st
Leg., R.S., Ch. 8, Sec. 6.04.)
Sec. 1082.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual budget.
(b) The board shall publish notice of the hearing in a
newspaper of general circulation in the district not later than the
10th day before the date of the hearing.
(c) Any district resident is entitled to be present and
participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the district
administrator. The board may make any changes in the proposed
budget that the board judges to be in the interests of the
taxpayers.
(e) The budget is effective only after adoption by the
board. (Acts 71st Leg., R.S., Ch. 8, Sec. 6.05.)
Sec. 1082.153. AMENDMENTS TO BUDGET. After the annual
budget is adopted, the budget may be amended on the board's
approval. (Acts 71st Leg., R.S., Ch. 8, Sec. 6.06.)
Sec. 1082.154. RESTRICTION ON EXPENDITURES. Money may be
spent only for an expense included in the budget or an amendment to
the budget. (Acts 71st Leg., R.S., Ch. 8, Sec. 6.07.)
Sec. 1082.155. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) during a period that revenue bonds of the district
are outstanding; or
(2) more than once in a 24-month period. (Acts 71st
Leg., R.S., Ch. 8, Sec. 6.01.)
Sec. 1082.156. ANNUAL AUDIT. The board annually shall have
an audit made of the district's financial condition. (Acts 71st
Leg., R.S., Ch. 8, Sec. 6.02.)
Sec. 1082.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS. The annual audit and other district records are open to
inspection during regular business hours at the district's
principal office. (Acts 71st Leg., R.S., Ch. 8, Sec. 6.03.)
Sec. 1082.158. FINANCIAL REPORT. As soon as practicable
after the close of the fiscal year, the district administrator
shall prepare for the board:
(1) a sworn statement of the amount of district money;
and
(2) an account of the disbursements of that money.
(Acts 71st Leg., R.S., Ch. 8, Sec. 6.08.)
Sec. 1082.159. DEPOSITORY. (a) The board shall select at
least one bank to serve as a depository for district money.
(b) District money, other than money invested as provided by
Section 1082.160(b) and money transmitted to a bank of payment as a
trustee for bonds or obligations issued or assumed by the district,
shall be deposited as received with the depository bank and shall
remain on deposit. This subsection does not limit the power of the
board to place a portion of district money on time deposit or to
purchase certificates of deposit.
(c) The district may not deposit money with a bank in an
amount that exceeds the maximum amount secured by the Federal
Deposit Insurance Corporation unless the bank first executes a bond
or other security in an amount sufficient to secure from loss the
district money that exceeds the amount secured by the Federal
Deposit Insurance Corporation. (Acts 71st Leg., R.S., Ch. 8, Sec.
6.10.)
Sec. 1082.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as provided by Sections 1082.110, 1082.201, 1082.204, and
1082.205, the district may not incur a debt payable from district
revenue other than the revenue on hand or to be on hand in the
current and immediately following district fiscal years.
(b) The board may invest operating, depreciation, or
building reserves only in funds or securities specified by Chapter
2256, Government Code. (Acts 71st Leg., R.S., Ch. 8, Sec. 6.09.)
[Sections 1082.161-1082.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1082.201. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligation bonds authorized by an election
in the name and on the faith and credit of the district to:
(1) purchase, construct, acquire, repair, or renovate
buildings or improvements; or
(2) equip buildings or improvements for hospital
purposes. (Acts 71st Leg., R.S., Ch. 8, Sec. 7.01.)
Sec. 1082.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1082.201, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed the
limit approved by the voters at the election authorizing the
imposition of the tax. (Acts 71st Leg., R.S., Ch. 8, Sec. 7.02.)
Sec. 1082.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters voting at an
election held for that purpose.
(b) The board may order a bond election.
(c) The order calling the election must specify:
(1) the nature and date of the election;
(2) the hours during which the polls will be open;
(3) the location of the polling places;
(4) the amount of the bonds to be authorized; and
(5) the maximum maturity of the bonds.
(d) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code.
(e) The board shall declare the results of the election.
(Acts 71st Leg., R.S., Ch. 8, Sec. 7.03.)
Sec. 1082.204. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) purchase, construct, acquire, repair, equip, or
renovate buildings or improvements for hospital purposes; or
(2) acquire sites to be used for hospital purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospital system.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner provided by
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
Health and Safety Code, for issuance of revenue bonds by a county
hospital authority. (Acts 71st Leg., R.S., Ch. 8, Sec. 7.04.)
Sec. 1082.205. REFUNDING BONDS. (a) The board may issue
refunding bonds to refund outstanding indebtedness issued or
assumed by the district.
(b) Refunding bonds may be:
(1) sold, with the proceeds of the refunding bonds
applied to the payment of the outstanding indebtedness; or
(2) exchanged wholly or partly for not less than a
similar principal amount of outstanding indebtedness. (Acts 71st
Leg., R.S., Ch. 8, Secs. 7.05(a) (part), (c) (part).)
Sec. 1082.206. MATURITY OF BONDS. District bonds must
mature not later than 40 years after the date of issuance. (Acts
71st Leg., R.S., Ch. 8, Sec. 7.06 (part).)
Sec. 1082.207. EXECUTION OF BONDS. (a) The board president
shall execute the district's bonds in the district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code. (Acts 71st Leg.,
R.S., Ch. 8, Sec. 7.07.)
Sec. 1082.208. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) any transaction relating to the bonds; and
(3) profits made in the sale of the bonds. (Acts 71st
Leg., R.S., Ch. 8, Sec. 7.11 (part).)
[Sections 1082.209-1082.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1082.251. IMPOSITION OF AD VALOREM TAX. (a) The board
may impose a tax on all property in the district subject to district
taxation.
(b) The tax may be used to pay:
(1) indebtedness issued or assumed by the district;
and
(2) the maintenance and operating expenses of the
district.
(c) The district may not impose a tax to pay the principal of
or interest on revenue bonds issued under this chapter. (Acts 71st
Leg., R.S., Ch. 8, Secs. 8.01(a) (part), (c), (d), 8.02(b).)
Sec. 1082.252. TAX RATE. (a) The board may impose the tax
at a rate not to exceed the limit approved by the voters at the
election authorizing the imposition of the tax.
(b) The tax rate for all purposes may not exceed 75 cents on
each $100 valuation of all taxable property in the district.
(c) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 71st
Leg., R.S., Ch. 8, Secs. 8.01(a) (part), (b), 8.03 (part).)
Sec. 1082.253. TAX ASSESSOR-COLLECTOR. The board may
provide for the appointment of a tax assessor-collector for the
district or may contract for the assessment and collection of taxes
as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 8, Sec.
8.04(b).)
CHAPTER 1083. NORTH WHEELER COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1083.001. DEFINITIONS
Sec. 1083.002. AUTHORITY FOR CREATION
Sec. 1083.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1083.004. DISTRICT TERRITORY
Sec. 1083.005. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1083.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1083.007-1083.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1083.051. BOARD ELECTION; TERM
Sec. 1083.052. NOTICE OF ELECTION
Sec. 1083.053. BALLOT PETITION
Sec. 1083.054. QUALIFICATIONS FOR OFFICE
Sec. 1083.055. BOND; RECORD OF BOND AND OATH OR
AFFIRMATION OF OFFICE
Sec. 1083.056. BOARD VACANCY
Sec. 1083.057. OFFICERS
Sec. 1083.058. COMPENSATION
Sec. 1083.059. VOTING REQUIREMENT
Sec. 1083.060. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR
Sec. 1083.061. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1083.062. EMPLOYEES
Sec. 1083.063. RETIREMENT PROGRAM
[Sections 1083.064-1083.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1083.101. DISTRICT RESPONSIBILITY
Sec. 1083.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1083.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1083.104. HOSPITAL SYSTEM
Sec. 1083.105. RULES
Sec. 1083.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1083.107. EMINENT DOMAIN
Sec. 1083.108. GIFTS AND ENDOWMENTS
Sec. 1083.109. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR CARE AND TREATMENT
Sec. 1083.110. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1083.111. AUTHORITY TO SUE AND BE SUED
[Sections 1083.112-1083.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1083.151. BUDGET
Sec. 1083.152. FISCAL YEAR
Sec. 1083.153. AUDIT
Sec. 1083.154. FINANCIAL REPORT
Sec. 1083.155. DEPOSITORY
[Sections 1083.156-1083.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1083.201. GENERAL OBLIGATION BONDS
Sec. 1083.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1083.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1083.204. EXECUTION OF GENERAL OBLIGATION BONDS
Sec. 1083.205. REFUNDING BONDS
Sec. 1083.206. BONDS EXEMPT FROM TAXATION
[Sections 1083.207-1083.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1083.251. IMPOSITION OF AD VALOREM TAX
Sec. 1083.252. TAX RATE
Sec. 1083.253. TAX ASSESSOR-COLLECTOR
CHAPTER 1083. NORTH WHEELER COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1083.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the North Wheeler County Hospital
District. (New.)
Sec. 1083.002. AUTHORITY FOR CREATION. The North Wheeler
County Hospital District is created under the authority of Section
9, Article IX, Texas Constitution, and has the rights, powers, and
duties prescribed by this chapter. (Acts 58th Leg., R.S., Ch. 260,
Sec. 1 (part).)
Sec. 1083.003. ESSENTIAL PUBLIC FUNCTION. The district
performs an essential public function in carrying out the purposes
of this chapter. (Acts 58th Leg., R.S., Ch. 260, Sec. 8 (part).)
Sec. 1083.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of County
Commissioners Precincts 1 and 2 of Wheeler County, Texas, as those
boundaries existed on January 1, 1963. (Acts 58th Leg., R.S., Ch.
260, Sec. 1 (part).)
Sec. 1083.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state. (Acts 58th
Leg., R.S., Ch. 260, Sec. 18 (part).)
Sec. 1083.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 58th Leg., R.S., Ch. 260, Sec. 18 (part).)
[Sections 1083.007-1083.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1083.051. BOARD ELECTION; TERM. (a) The district is
governed by a board of five directors elected from single-member
voting precincts.
(b) Unless four-year terms are established under Section
285.081, Health and Safety Code:
(1) directors serve staggered two-year terms; and
(2) a directors' election shall be held each year on
the date that the election of public school trustees is held. (Acts
58th Leg., R.S., Ch. 260, Sec. 4 (part).)
Sec. 1083.052. NOTICE OF ELECTION. At least 10 days before
the date of a directors' election, notice of the election shall be
published one time in a newspaper of general circulation in Wheeler
County. (Acts 58th Leg., R.S., Ch. 260, Sec. 4 (part).)
Sec. 1083.053. BALLOT PETITION. A person seeking to have
the person's name printed on the ballot as a candidate for director
must file with the board secretary a petition requesting that
action. The petition must be:
(1) signed by not fewer than five registered voters
who reside in the voting precinct the candidate seeks to represent;
and
(2) filed at least 25 days before the date of the
election. (Acts 58th Leg., R.S., Ch. 260, Sec. 4 (part).)
Sec. 1083.054. QUALIFICATIONS FOR OFFICE. A person may not
be elected or appointed as a director unless the person:
(1) is a resident of the voting precinct the person is
elected or appointed to represent;
(2) owns property in the district subject to taxation;
and
(3) is more than 18 years of age at the time of
election or appointment. (Acts 58th Leg., R.S., Ch. 260, Sec. 4
(part).)
Sec. 1083.055. BOND; RECORD OF BOND AND OATH OR AFFIRMATION
OF OFFICE. (a) Each director shall execute a good and sufficient
commercial bond for $1,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director's duties.
(b) The district shall pay for a director's bond.
(c) Each director's bond and constitutional oath or
affirmation of office shall be deposited with the district's
depository bank for safekeeping. (Acts 58th Leg., R.S., Ch. 260,
Sec. 4 (part).)
Sec. 1083.056. BOARD VACANCY. (a) If a vacancy occurs in
the office of director, the remaining directors shall appoint a
director for the unexpired term.
(b) If the number of directors is reduced to fewer than
three for any reason, the remaining directors shall immediately
call a special election to fill the vacancies. If the remaining
directors do not call the election, a district court, on
application of a district voter or taxpayer, may order the
directors to hold the election. (Acts 58th Leg., R.S., Ch. 260,
Sec. 4 (part).)
Sec. 1083.057. OFFICERS. The board shall elect from among
its members a president, a vice president, and a secretary. (Acts
58th Leg., R.S., Ch. 260, Sec. 4 (part).)
Sec. 1083.058. COMPENSATION. A director serves without
compensation. (Acts 58th Leg., R.S., Ch. 260, Sec. 4 (part).)
Sec. 1083.059. VOTING REQUIREMENT. A concurrence of three
directors is sufficient in any matter relating to district
business. (Acts 58th Leg., R.S., Ch. 260, Sec. 4 (part).)
Sec. 1083.060. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR. (a) The board shall appoint a qualified person as
district administrator.
(b) The board may appoint an assistant administrator.
(c) The district administrator and any assistant
administrator serve at the will of the board and are entitled to the
compensation determined by the board.
(d) On assuming the duties of district administrator, the
administrator shall execute a bond payable to the district in an
amount set by the board of not less than $10,000 that:
(1) is conditioned on the administrator performing the
administrator's duties; and
(2) contains other conditions the board may require.
(Acts 58th Leg., R.S., Ch. 260, Sec. 5 (part).)
Sec. 1083.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 58th
Leg., R.S., Ch. 260, Sec. 5 (part).)
Sec. 1083.062. EMPLOYEES. The board may employ any doctors,
technicians, nurses, and other employees as considered necessary
for the efficient operation of the district or may provide that the
district administrator has the authority to employ those persons.
(Acts 58th Leg., R.S., Ch. 260, Sec. 5 (part).)
Sec. 1083.063. RETIREMENT PROGRAM. The board may enter into
any contract or agreement with this state or the federal government
that is required to establish or continue a retirement program for
the benefit of the district's employees. (Acts 58th Leg., R.S., Ch.
260, Sec. 5 (part).)
[Sections 1083.064-1083.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1083.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for:
(1) operating all hospital facilities for providing
medical and hospital care of indigent persons; and
(2) providing medical and hospital care for the
district's needy inhabitants. (Acts 58th Leg., R.S., Ch. 260,
Secs. 2 (part), 17 (part).)
Sec. 1083.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. Wheeler County or another political
subdivision, other than the district, may not impose a tax or issue
bonds or other obligations for hospital purposes for medical
treatment of indigent persons in the district. (Acts 58th Leg.,
R.S., Ch. 260, Sec. 17 (part).)
Sec. 1083.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the district's
hospitals and hospital system. (Acts 58th Leg., R.S., Ch. 260, Sec.
5 (part).)
Sec. 1083.104. HOSPITAL SYSTEM. The district shall provide
for:
(1) the establishment of a hospital or hospital system
in the district by:
(A) purchasing, constructing, acquiring,
repairing, or renovating buildings and improvements; and
(B) equipping the buildings and improvements;
and
(2) the administration of the hospital system for
hospital purposes. (Acts 58th Leg., R.S., Ch. 260, Sec. 2 (part).)
Sec. 1083.105. RULES. The board may adopt rules for the
operation of the district and as required to administer this
chapter. (Acts 58th Leg., R.S., Ch. 260, Secs. 5 (part), 9 (part).)
Sec. 1083.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures. (Acts 58th
Leg., R.S., Ch. 260, Sec. 9 (part).)
Sec. 1083.107. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property located in district
territory if the interest is necessary or convenient for the
district to exercise a power, right, or privilege conferred by this
chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code. (Acts 58th
Leg., R.S., Ch. 260, Sec. 12.)
Sec. 1083.108. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 58th Leg., R.S., Ch. 260,
Sec. 15.)
Sec. 1083.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
CARE AND TREATMENT. (a) The board may contract with a county or
municipality located outside Wheeler County for the care and
treatment of a sick or injured person of that county or
municipality.
(b) The board may contract with this state or a federal
agency for the treatment of a sick or injured person for whom this
state or the federal government is responsible. (Acts 58th Leg.,
R.S., Ch. 260, Sec. 5 (part).)
Sec. 1083.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) When
a patient who resides in the district is admitted to a district
facility, the district administrator shall have an inquiry made
into the circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives cannot pay all or part of the costs of
the care and treatment in the hospital, the amount of the costs that
cannot be paid becomes a charge against the district.
(c) If the district administrator determines that the
patient or those relatives can pay for all or part of the costs of
the patient's care and treatment, the patient or those relatives
shall be ordered to pay the district a specified amount each week
for the patient's support. The amount ordered must be proportionate
to the person's financial ability and may not exceed the actual per
capita cost of maintenance.
(d) The district administrator may collect the amount from
the estate of the patient, or from any relative who is legally
liable for the patient's support, in the manner provided by law for
the collection of expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay, or doubt
in the mind of the district administrator, the board shall hold a
hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue any appropriate orders. (Acts 58th Leg.,
R.S., Ch. 260, Sec. 14.)
Sec. 1083.111. AUTHORITY TO SUE AND BE SUED. The district,
through the board, may sue and be sued. (Acts 58th Leg., R.S., Ch.
260, Sec. 5 (part).)
[Sections 1083.112-1083.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1083.151. BUDGET. (a) The district administrator
shall prepare an annual budget for approval by the board. The budget
must be for the fiscal year prescribed by Section 1083.152.
(b) Not later than August 31 of each year, the board shall
publish notice of a public hearing on the proposed budget. The
notice must be published in a newspaper of general circulation in
Wheeler County at least 10 days before the date of the hearing.
(Acts 58th Leg., R.S., Ch. 260, Secs. 6 (part), 16.)
Sec. 1083.152. FISCAL YEAR. The district operates on a
fiscal year that begins on October 1 and ends on September 30.
(Acts 58th Leg., R.S., Ch. 260, Sec. 6 (part).)
Sec. 1083.153. AUDIT. (a) The district shall have an audit
made of the district's financial condition.
(b) The audit shall be open to inspection at all times at the
district's principal office. (Acts 58th Leg., R.S., Ch. 260, Sec. 6
(part).)
Sec. 1083.154. FINANCIAL REPORT. As soon as practicable
after the close of each fiscal year, the district administrator
shall prepare for the board:
(1) a complete sworn statement of all district money;
and
(2) a complete account of the disbursements of that
money. (Acts 58th Leg., R.S., Ch. 260, Sec. 6 (part).)
Sec. 1083.155. DEPOSITORY. (a) The board shall select one
or more banks in Wheeler County to serve as a depository for
district money.
(b) District money shall be immediately deposited on
receipt with a depository bank, except that sufficient money must
be remitted to an appropriate bank to pay the principal of and
interest on the district's outstanding bonds or other obligations
on or before the maturity date of the principal and interest.
(c) To the extent that money in a depository bank is not
insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds.
(d) Membership on the district's board of an officer or
director of a bank does not disqualify the bank from being selected
as a depository bank. (Acts 58th Leg., R.S., Ch. 260, Sec. 10.)
[Sections 1083.156-1083.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1083.201. GENERAL OBLIGATION BONDS. (a) The board may
issue and sell general obligation bonds in the name and on the faith
and credit of the district for any purpose related to the purchase,
construction, acquisition, repair, or renovation of buildings or
improvements, and equipping buildings or improvements for a
hospital and the hospital system, as determined by the board.
(b) The board shall issue the bonds in compliance with the
applicable provisions of Subtitles A and C, Title 9, Government
Code. (Acts 58th Leg., R.S., Ch. 260, Sec. 7 (part).)
Sec. 1083.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1083.201, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund and to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed 75
cents on each $100 valuation of taxable property in the district.
(Acts 58th Leg., R.S., Ch. 260, Sec. 7 (part).)
Sec. 1083.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters voting at an
election held for that purpose.
(b) The board shall call the election. The election must be
held in accordance with Chapter 1251, Government Code.
(c) The bond election order must specify:
(1) the date of the election;
(2) the location of the polling places;
(3) the presiding election officers;
(4) the amount of the bonds to be authorized;
(5) the maximum maturity of the bonds; and
(6) the maximum interest rate of the bonds. (Acts 58th
Leg., R.S., Ch. 260, Sec. 7 (part).)
Sec. 1083.204. EXECUTION OF GENERAL OBLIGATION BONDS. The
board president shall execute the general obligation bonds in the
district's name, and the board secretary shall attest the bonds as
provided by Chapter 618, Government Code. (Acts 58th Leg., R.S.,
Ch. 260, Sec. 7 (part).)
Sec. 1083.205. REFUNDING BONDS. (a) The board may, without
an election, issue refunding bonds to refund any bonds issued by the
district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bond
applied to the payment of the outstanding bonds; or
(2) exchanged wholly or partly for not less than a
similar principal amount of the outstanding bonds. (Acts 58th
Leg., R.S., Ch. 260, Sec. 7 (part).)
Sec. 1083.206. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) the transfer and issuance of the bonds; and
(3) profits made in the sale of the bonds. (Acts 58th
Leg., R.S., Ch. 260, Sec. 8 (part).)
[Sections 1083.207-1083.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1083.251. IMPOSITION OF AD VALOREM TAX. (a) The
district may impose a tax on all property in the district subject to
district taxation.
(b) The tax may be used:
(1) to meet the requirements of district bonds; and
(2) for the district's maintenance and operating
expenses. (Acts 58th Leg., R.S., Ch. 260, Sec. 3 (part).)
Sec. 1083.252. TAX RATE. The district may impose the tax at
a rate not to exceed 75 cents on each $100 valuation of taxable
property in the district. (Acts 58th Leg., R.S., Ch. 260, Sec. 3
(part).)
Sec. 1083.253. TAX ASSESSOR-COLLECTOR. The tax
assessor-collector of Wheeler County shall assess and collect taxes
imposed by the district. (Acts 58th Leg., R.S., Ch. 260, Sec. 13
(part).)
CHAPTER 1084. PALO PINTO COUNTY
HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1084.001. DEFINITIONS
Sec. 1084.002. AUTHORITY FOR OPERATION
Sec. 1084.003. POLITICAL SUBDIVISION
Sec. 1084.004. DISTRICT TERRITORY
Sec. 1084.005. CORRECTION OF INVALID PROCEDURES
[Sections 1084.006-1084.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1084.051. BOARD ELECTION; TERM
Sec. 1084.052. NOTICE OF ELECTION
Sec. 1084.053. QUALIFICATIONS FOR OFFICE
Sec. 1084.054. GROUNDS FOR REMOVAL
Sec. 1084.055. BOND; RECORD OF BOND AND OATH OR
AFFIRMATION
Sec. 1084.056. BOARD VACANCY
Sec. 1084.057. DIRECTOR RIGHTS AND RESPONSIBILITIES
Sec. 1084.058. OFFICERS
Sec. 1084.059. COMPENSATION; EXPENSES
Sec. 1084.060. VOTING REQUIREMENT
Sec. 1084.061. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR
Sec. 1084.062. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1084.063. ELECTION OF CHIEF OF STAFF
Sec. 1084.064. APPOINTMENT AND RECRUITMENT OF STAFF
AND EMPLOYEES
Sec. 1084.065. PERSONNEL CONTRACTS
Sec. 1084.066. EDUCATIONAL PROGRAMS; COURSES
Sec. 1084.067. RETIREMENT BENEFITS
Sec. 1084.068. MAINTENANCE OF RECORDS; PUBLIC
INSPECTION
[Sections 1084.069-1084.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1084.101. DISTRICT RESPONSIBILITY
Sec. 1084.102. RESTRICTION ON COUNTY OR MUNICIPALITY
TAXATION
Sec. 1084.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1084.104. RULES
Sec. 1084.105. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1084.106. EMINENT DOMAIN
Sec. 1084.107. GIFTS AND ENDOWMENTS
Sec. 1084.108. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR CARE AND TREATMENT
Sec. 1084.109. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1084.110. NONPROFIT CORPORATION
Sec. 1084.111. AUTHORITY TO SUE AND BE SUED
Sec. 1084.112. INSPECTIONS
[Sections 1084.113-1084.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1084.151. BUDGET
Sec. 1084.152. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1084.153. AMENDMENTS TO BUDGET
Sec. 1084.154. FISCAL YEAR
Sec. 1084.155. ANNUAL AUDIT
Sec. 1084.156. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS
Sec. 1084.157. DEPOSITORY OR TREASURER
Sec. 1084.158. GENERAL AUTHORITY TO BORROW MONEY;
SECURITY
Sec. 1084.159. AUTHORITY TO BORROW MONEY IN EMERGENCY;
SECURITY
[Sections 1084.160-1084.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1084.201. GENERAL OBLIGATION BONDS
Sec. 1084.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1084.203. ELECTION FOR GENERAL OBLIGATION BONDS
Sec. 1084.204. REVENUE BONDS
Sec. 1084.205. EXECUTION OF BONDS
[Sections 1084.206-1084.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1084.251. IMPOSITION OF AD VALOREM TAX
Sec. 1084.252. TAX RATE
Sec. 1084.253. TAX ASSESSOR-COLLECTOR
[Sections 1084.254-1084.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION
Sec. 1084.301. DISSOLUTION; ELECTION
Sec. 1084.302. NOTICE OF ELECTION
Sec. 1084.303. BALLOT
Sec. 1084.304. ELECTION RESULTS
Sec. 1084.305. TRANSFER, SALE, OR ADMINISTRATION OF
ASSETS
Sec. 1084.306. SALE OR TRANSFER OF ASSETS AND
LIABILITIES
Sec. 1084.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
TAXES
Sec. 1084.308. REPORT; DISSOLUTION ORDER
CHAPTER 1084. PALO PINTO COUNTY
HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1084.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Palo Pinto County Hospital
District. (New.)
Sec. 1084.002. AUTHORITY FOR OPERATION. The Palo Pinto
County Hospital District operates in accordance with Section 9,
Article IX, Texas Constitution. (Acts 59th Leg., R.S., Ch. 84, Sec.
1 (part).)
Sec. 1084.003. POLITICAL SUBDIVISION. The district is a
political subdivision of this state. (Acts 59th Leg., R.S., Ch. 84,
Sec. 16 (part).)
Sec. 1084.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Palo Pinto County,
Texas. (Acts 59th Leg., R.S., Ch. 84, Sec. 1 (part).)
Sec. 1084.005. CORRECTION OF INVALID PROCEDURES. If a
court holds that any procedure under this chapter violates the
constitution of this state or of the United States, the district by
resolution may provide an alternative procedure that conforms with
the constitution. (Acts 59th Leg., R.S., Ch. 84, Sec. 17 (part).)
[Sections 1084.006-1084.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1084.051. BOARD ELECTION; TERM. (a) The district is
governed by a board of seven directors as follows:
(1) six directors elected by place; and
(2) the chief of staff elected by the medical staff
under Section 1084.063.
(b) Unless four-year terms are established under Section
285.081, Health and Safety Code, the directors elected to the board
serve staggered two-year terms as follows:
(1) directors for places 1, 2, and 3 are elected on the
uniform election date in May of each odd-numbered year; and
(2) directors for places 4, 5, and 6 are elected on the
uniform election date in May of each even-numbered year. (Acts 59th
Leg., R.S., Ch. 84, Secs. 4(a) (part), (d) (part).)
Sec. 1084.052. NOTICE OF ELECTION. Notice of each
directors' election shall be published in a newspaper of general
circulation in Palo Pinto County in accordance with Chapter 4,
Election Code. (Acts 59th Leg., R.S., Ch. 84, Sec. 4(d) (part).)
Sec. 1084.053. QUALIFICATIONS FOR OFFICE. (a) A person may
not be elected or appointed to an elected position on the board
unless the person is:
(1) a resident of the district; and
(2) a qualified voter.
(b) In addition to the requirements prescribed by
Subsection (a), a person is not eligible to serve as a director if
the person:
(1) directly or indirectly has an ownership or
investment interest in a health care facility located in Palo Pinto
County; or
(2) directly or in conjunction with another person or
entity has an ownership interest in another business or entity
that:
(A) is related to health care; and
(B) provides a good or service to the area served
by the district that is the same as or substantially similar to a
good or service provided by the district.
(c) Subsection (b) does not apply to:
(1) an ownership or investment interest in publicly
available shares of a registered investment company, such as a
mutual fund, that owns publicly traded equity securities or debt
obligations issued by:
(A) a health care facility;
(B) a business or entity described by Subsection
(b); or
(C) an entity that owns the health care facility,
business, or entity; or
(2) a physician's ownership interest in the
physician's own medical practice. (Acts 59th Leg., R.S., Ch. 84,
Secs. 4(a) (part), (a-1), (a-2).)
Sec. 1084.054. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a director violates a prohibition
established by Section 1084.053(b). A director may be removed for
the violation in accordance with the procedures provided by
Subchapter B, Chapter 87, Local Government Code, for removing a
county official.
(b) The validity of a board action is not affected by the
fact that the action is taken when a ground for removal of a
director exists. (Acts 59th Leg., R.S., Ch. 84, Secs. 4(a-3),
(a-4), (a-5).)
Sec. 1084.055. BOND; RECORD OF BOND AND OATH OR
AFFIRMATION. (a) Each director shall execute a good and sufficient
bond for $5,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director's duties.
(b) Each director's bond and the constitutional oath or
affirmation of office shall be deposited with the district's
depository bank for safekeeping. (Acts 59th Leg., R.S., Ch. 84,
Sec. 4(b) (part).)
Sec. 1084.056. BOARD VACANCY. (a) If a vacancy occurs in
the office of elected director, the remaining directors by majority
vote shall appoint a director for the unexpired term.
(b) If the number of directors is reduced to fewer than four
for any reason, the remaining directors shall immediately call a
special election to fill the vacancies of the elected positions. If
the remaining directors do not call the election, a district court,
on application of a district voter or taxpayer, may order the
directors to hold the election. (Acts 59th Leg., R.S., Ch. 84, Sec.
4(c) (part).)
Sec. 1084.057. DIRECTOR RIGHTS AND RESPONSIBILITIES. All
directors have the same rights and responsibilities with regard to
voting and other matters. (Acts 59th Leg., R.S., Ch. 84, Sec. 4(a)
(part).)
Sec. 1084.058. OFFICERS. (a) The board shall elect a
president, vice president, and secretary from among its members.
(b) Each officer of the board serves for a term of one year
and may serve successive terms. (Acts 59th Leg., R.S., Ch. 84, Sec.
4(c) (part).)
Sec. 1084.059. COMPENSATION; EXPENSES. A director serves
without compensation but may be reimbursed for actual expenses
incurred in the performance of official duties on approval of the
expenses by the entire board as reported in the board minutes. (Acts
59th Leg., R.S., Ch. 84, Sec. 4(e).)
Sec. 1084.060. VOTING REQUIREMENT. A concurrence of four
directors is sufficient in any matter relating to district
business. (Acts 59th Leg., R.S., Ch. 84, Sec. 4(c) (part).)
Sec. 1084.061. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR. (a) The board may appoint a qualified person as
district administrator.
(b) The board may appoint an assistant administrator.
(c) The district administrator and any assistant
administrator serve at the will of the board and are entitled to the
compensation determined by the board.
(d) On assuming the duties of district administrator, the
administrator shall execute a bond payable to the district in an
amount set by the board of not less than $5,000 that:
(1) is conditioned on the administrator performing the
administrator's duties; and
(2) contains other conditions the board may require.
(e) The board may pay for the bond with district money.
(Acts 59th Leg., R.S., Ch. 84, Sec. 7(b) (part).)
Sec. 1084.062. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to any limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 59th
Leg., R.S., Ch. 84, Sec. 7(b) (part).)
Sec. 1084.063. ELECTION OF CHIEF OF STAFF. At least once
every two years, the medical staff of the hospital system owned and
operated by the district shall elect a chief of staff. (Acts 59th
Leg., R.S., Ch. 84, Sec. 4(a) (part).)
Sec. 1084.064. APPOINTMENT AND RECRUITMENT OF STAFF AND
EMPLOYEES. (a) The board may provide that the district
administrator has the authority to employ or appoint to the staff
doctors, nurses, technicians, and any other employees as necessary
for the efficient operation of the district.
(b) The board may spend district money, enter into
agreements, and take other necessary action to recruit physicians
and other persons to serve as medical staff members or district
employees, including:
(1) advertising and marketing;
(2) paying travel, recruitment, and relocation
expenses;
(3) providing a loan or scholarship to a physician or a
person who:
(A) is currently enrolled in health care
education courses at an institution of higher education; and
(B) contractually agrees to become a district
employee or medical staff member; or
(4) paying the tuition or other expenses of a
full-time medical student or other student in a health occupation
who:
(A) is enrolled in and is in good standing at an
accredited medical school, college, or university; and
(B) contractually agrees to become a district
employee or independent contractor in return for that assistance.
(Acts 59th Leg., R.S., Ch. 84, Secs. 7(b) (part), (g).)
Sec. 1084.065. PERSONNEL CONTRACTS. (a) The board may
contract to provide administrative and other personnel for the
operation of the hospital facilities.
(b) The term of a contract may not exceed 25 years. (Acts
59th Leg., R.S., Ch. 84, Sec. 7(e) (part).)
Sec. 1084.066. EDUCATIONAL PROGRAMS; COURSES. The board
may provide or contract for the provision of educational programs
or courses for district employees and medical staff. (Acts 59th
Leg., R.S., Ch. 84, Sec. 7(i).)
Sec. 1084.067. RETIREMENT BENEFITS. The board may provide
retirement benefits for district employees by:
(1) establishing or administering a retirement
program; or
(2) participating in a statewide retirement system in
which the district is eligible to participate. (Acts 59th Leg.,
R.S., Ch. 84, Sec. 7(f).)
Sec. 1084.068. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
Except as provided by Section 1084.055, all district records,
including books, accounts, notices, minutes, and all other matters
of the district and the operation of its facilities, shall be:
(1) maintained at the district office; and
(2) open to public inspection at the district office
at all reasonable hours. (Acts 59th Leg., R.S., Ch. 84, Sec. 7(l).)
[Sections 1084.069-1084.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1084.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for providing medical and hospital care for the
district's needy and indigent residents. (Acts 59th Leg., R.S.,
Ch. 84, Secs. 2 (part), 12 (part).)
Sec. 1084.102. RESTRICTION ON COUNTY OR MUNICIPALITY
TAXATION. Palo Pinto County or a municipality in the district may
not impose a tax on property in the district for hospital purposes.
(Acts 59th Leg., R.S., Ch. 84, Sec. 12 (part).)
Sec. 1084.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the district's
hospitals and hospital system. (Acts 59th Leg., R.S., Ch. 84, Sec.
7(a) (part).)
Sec. 1084.104. RULES. (a) The board may adopt rules
governing the operation of the district, including district
facilities.
(b) On approval by the board, the rules may be published in
booklet form at district expense and made available to any taxpayer
on request. (Acts 59th Leg., R.S., Ch. 84, Sec. 7(m).)
Sec. 1084.105. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board may:
(1) purchase or lease property, including facilities
or equipment, for the district to use in the hospital system; and
(2) mortgage or pledge the property as security for
the payment of the purchase price.
(b) The board may lease district hospital facilities to
individuals, corporations, or other legal entities.
(c) The board may sell or otherwise dispose of the
district's property, including facilities or equipment. (Acts 59th
Leg., R.S., Ch. 84, Secs. 7(d), (e) (part).)
Sec. 1084.106. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property, real, personal, or mixed,
located in district territory, if the interest is necessary or
convenient for the district to exercise a right, power, privilege,
or function conferred on the district by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021, Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 59th Leg., R.S., Ch. 84,
Sec. 9.)
Sec. 1084.107. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or provisions prescribed in writing by the
donor that are not inconsistent with the proper management and
objectives of the district. (Acts 59th Leg., R.S., Ch. 84, Sec.
14.)
Sec. 1084.108. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
CARE AND TREATMENT. (a) The board may contract with a county or
municipality located outside the district's boundaries for the care
and treatment of a sick or injured person of that county or
municipality.
(b) The board may contract with this state or a federal
agency for the treatment of a sick or injured person. (Acts 59th
Leg., R.S., Ch. 84, Sec. 7(c).)
Sec. 1084.109. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a patient who resides in the district is admitted to a district
facility, the district administrator may have an inquiry made into
the circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives cannot pay all or part of the costs of
the care and treatment in the hospital, the amount of the costs that
cannot be paid becomes a charge against the district.
(c) If the district administrator determines that the
patient or those relatives are liable to pay for all or part of the
costs of the patient's care and treatment, the patient or those
relatives shall be ordered to pay the district a specified amount
each week for the patient's support. The amount ordered must be
proportionate to the person's financial ability.
(d) The district may collect the amount from the estate of
the patient, or from any relative who is legally liable for the
patient's support, in the manner provided by law for the collection
of expenses of the last illness of a deceased person.
(e) The board may institute a suit to collect an amount owed
to the district by a patient who has not been determined to be
unable to pay under this section.
(f) If there is a dispute as to the ability to pay, or doubt
in the mind of the district administrator, the board shall hold a
hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue an appropriate order. (Acts 59th Leg.,
R.S., Ch. 84, Secs. 7(j), 13.)
Sec. 1084.110. NONPROFIT CORPORATION. (a) The district
may create and sponsor a nonprofit corporation under the Business
Organizations Code and may contribute money to or solicit money for
the corporation.
(b) The corporation may use district money, other than money
the corporation pays to the district, only to provide health care or
other services the district is authorized to provide under this
chapter.
(c) The corporation may invest the corporation's money in
any manner in which the district may invest the district's money,
including investing money as authorized by Chapter 2256, Government
Code.
(d) The board shall establish controls to ensure that the
corporation uses its money as required by this section. (Acts 59th
Leg., R.S., Ch. 84, Sec. 7(k).)
Sec. 1084.111. AUTHORITY TO SUE AND BE SUED. As a
governmental agency, the district, through the board, may sue and
be sued in the district's own name in any court of this state. (Acts
59th Leg., R.S., Ch. 84, Secs. 7(a) (part), 16 (part).)
Sec. 1084.112. INSPECTIONS. The district is subject to
inspection by any authorized representative of this state. A
district officer or employee shall:
(1) admit the representative into any district
facility; and
(2) provide the representative with access on demand
to any record, report, book, paper, or account relating to the
district. (Acts 59th Leg., R.S., Ch. 84, Sec. 11.)
[Sections 1084.113-1084.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1084.151. BUDGET. The district administrator shall
prepare an annual budget for approval by the board. (Acts 59th
Leg., R.S., Ch. 84, Sec. 8(b) (part).)
Sec. 1084.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed budget.
(b) Notice of the hearing must be published at least once in
a newspaper of general circulation in the district not later than
the 10th day before the date of the hearing.
(c) Any district resident is entitled to:
(1) appear at the time and place designated in the
notice; and
(2) be heard regarding any item included in the
proposed budget.
(d) The annual budget is effective only after adoption by
the board. (Acts 59th Leg., R.S., Ch. 84, Sec. 8(b) (part).)
Sec. 1084.153. AMENDMENTS TO BUDGET. After the annual
budget is adopted, the budget may be amended on the board's
approval. (Acts 59th Leg., R.S., Ch. 84, Sec. 8(b) (part).)
Sec. 1084.154. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) during a period that revenue bonds of the district
are outstanding; or
(2) more than once in a 24-month period. (Acts 59th
Leg., R.S., Ch. 84, Sec. 8(a) (part).)
Sec. 1084.155. ANNUAL AUDIT. The board annually shall have
an independent audit made of the district's books and records.
(Acts 59th Leg., R.S., Ch. 84, Sec. 8(a) (part).)
Sec. 1084.156. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS. The annual audit and other district records are open to
inspection at the district's office. (Acts 59th Leg., R.S., Ch. 84,
Sec. 8(a) (part).)
Sec. 1084.157. DEPOSITORY OR TREASURER. (a) The board by
resolution shall designate a bank to serve as the district's
depository or treasurer.
(b) All district money shall be secured in the manner
provided for securing county funds. (Acts 59th Leg., R.S., Ch. 84,
Sec. 10.)
Sec. 1084.158. GENERAL AUTHORITY TO BORROW MONEY; SECURITY.
(a) The board may borrow money at a rate not to exceed the maximum
annual percentage rate allowed by law for district obligations at
the time the loan is made.
(b) To secure a loan, the board may pledge:
(1) district revenue that is not pledged to pay the
district's bonded indebtedness;
(2) a district tax to be imposed by the district during
the 12-month period following the date of the pledge that is not
pledged to pay the principal of or interest on district bonds; or
(3) district bonds that have been authorized but not
sold.
(c) A loan for which taxes or bonds are pledged must mature
not later than the first anniversary of the date the loan is made. A
loan for which district revenue is pledged must mature not later
than the fifth anniversary of the date the loan is made. (Acts 59th
Leg., R.S., Ch. 84, Sec. 6B.)
Sec. 1084.159. AUTHORITY TO BORROW MONEY IN EMERGENCY;
SECURITY. (a) If money is not available to meet an authorized
obligation of the district, the board shall adopt an order
declaring an emergency. After the order is adopted, the board may
borrow money on district notes at a rate not to exceed 12 percent a
year to meet the obligation.
(b) To secure the loan, the board may pledge:
(1) district revenue that is not pledged to pay the
district's bonded indebtedness;
(2) a district tax that is to be imposed not later than
the first anniversary of the date of the loan and that is not
pledged to pay the principal of or interest on district bonds; or
(3) district bonds that have been authorized but not
sold.
(c) A loan for which taxes or bonds are pledged must mature
not later than the first anniversary of the date the loan is made. A
loan for which district revenue is pledged must mature not later
than the fifth anniversary of the date the loan is made.
(d) The board may spend money obtained from a loan under
this section only to meet the obligation that made the loan
necessary. The board may spend money obtained from any taxes or
bonds used to secure the loan only for the purpose for which the
taxes were imposed or the bonds were authorized. (Acts 59th Leg.,
R.S., Ch. 84, Sec. 6A.)
[Sections 1084.160-1084.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1084.201. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligation bonds authorized by an election
in the name and on the faith and credit of the district, to:
(1) purchase, construct, acquire, repair, or renovate
buildings or improvements;
(2) equip buildings or improvements for hospital
purposes; and
(3) acquire sites to be used for district purposes.
(Acts 59th Leg., R.S., Ch. 84, Sec. 6(a) (part).)
Sec. 1084.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1084.201, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed 75
cents on each $100 valuation of all taxable property in the
district. (Acts 59th Leg., R.S., Ch. 84, Sec. 6(a) (part).)
Sec. 1084.203. ELECTION FOR GENERAL OBLIGATION BONDS. (a)
The district may issue general obligation bonds only if the bonds
are authorized by a majority of the district voters voting at an
election held for that purpose.
(b) The board may order the election on its own motion.
(c) The election shall be conducted in accordance with
Chapter 1251, Government Code. (Acts 59th Leg., R.S., Ch. 84, Sec.
6(c).)
Sec. 1084.204. REVENUE BONDS. (a) The board may issue and
sell revenue bonds in the name and on the faith and credit of the
district to purchase, construct, acquire, repair, renovate, or
equip buildings or improvements for district purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospital system.
(c) The bonds may be additionally secured by a mortgage or
deed of trust on all or part of district property.
(d) The bonds must be issued in the manner provided by
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
Health and Safety Code, for the issuance of revenue bonds by a
county hospital authority. (Acts 59th Leg., R.S., Ch. 84, Sec.
6(e).)
Sec. 1084.205. EXECUTION OF BONDS. (a) The board president
shall execute district bonds in the district's name.
(b) The board secretary shall countersign the bonds. (Acts
59th Leg., R.S., Ch. 84, Sec. 6(b) (part).)
[Sections 1084.206-1084.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1084.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The board shall impose the tax to:
(1) pay the interest on and create a sinking fund for
bonds or other obligations issued or assumed by the district for
hospital purposes;
(2) provide for the operation and maintenance of the
district and hospital system;
(3) make improvements and additions to the hospital
system; and
(4) acquire necessary sites for the hospital system by
purchase, lease, or condemnation. (Acts 59th Leg., R.S., Ch. 84,
Sec. 5(a) (part).)
Sec. 1084.252. TAX RATE. The board may impose the tax at a
rate not to exceed 75 cents on each $100 valuation of all taxable
property in the district. (Acts 59th Leg., R.S., Ch. 84, Sec. 5(a)
(part).)
Sec. 1084.253. TAX ASSESSOR-COLLECTOR. The board may
provide for the appointment of a tax assessor-collector for the
district or may contract for the assessment and collection of taxes
as provided by the Tax Code. (Acts 59th Leg., R.S., Ch. 84, Sec.
5(b) (part).)
[Sections 1084.254-1084.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION
Sec. 1084.301. DISSOLUTION; ELECTION. (a) The district
may be dissolved only on approval of a majority of the district
voters voting in an election held for that purpose.
(b) The board may order an election on the question of
dissolving the district and disposing of the district's assets and
obligations.
(c) The board shall order an election if the board receives
a petition requesting an election that is signed by at least 15
percent of the registered voters of the district.
(d) The order calling the election must state:
(1) the nature of the election, including the
proposition to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(e) Section 41.001(a), Election Code, does not apply to an
election ordered under this section. (Acts 59th Leg., R.S., Ch. 84,
Secs. 16A(a), (b), (c) (part).)
Sec. 1084.302. NOTICE OF ELECTION. (a) The board shall
give notice of an election under this subchapter by publishing once
a week for two consecutive weeks a substantial copy of the election
order in a newspaper with general circulation in the district.
(b) The first publication of the notice must appear not
later than the 35th day before the date set for the election. (Acts
59th Leg., R.S., Ch. 84, Sec. 16A(d) (part).)
Sec. 1084.303. BALLOT. The ballot for an election under
this subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Palo Pinto County Hospital
District." (Acts 59th Leg., R.S., Ch. 84, Sec. 16A(d) (part).)
Sec. 1084.304. ELECTION RESULTS. (a) If a majority of the
votes in an election under this subchapter favor dissolution, the
board shall find that the district is dissolved.
(b) If a majority of the votes in the election do not favor
dissolution, the board shall continue to administer the district
and another election on the question of dissolution may not be held
before the first anniversary of the date of the most recent election
to dissolve the district. (Acts 59th Leg., R.S., Ch. 84, Sec.
16A(e).)
Sec. 1084.305. TRANSFER, SALE, OR ADMINISTRATION OF ASSETS.
(a) If a majority of the votes in an election held under this
subchapter favor dissolution, the board shall:
(1) transfer the land, buildings, improvements,
equipment, and other assets that belong to the district to a county
or to another governmental entity in Palo Pinto County;
(2) sell the assets and liabilities to another person;
or
(3) administer the property, assets, and debts until
all money has been disposed of and all district debts have been paid
or settled.
(b) If the board makes the transfer under Subsection (a)(1),
the county or entity assumes all debts and obligations of the
district at the time of the transfer, and the district is dissolved.
(c) If Subsections (a)(1) and (2) do not apply and the board
administers the property, assets, and debts of the district under
Subsection (a)(3), the district is dissolved when all money has
been disposed of and all district debts have been paid or settled.
(Acts 59th Leg., R.S., Ch. 84, Secs. 16A(f), (g), (m) (part).)
Sec. 1084.306. SALE OR TRANSFER OF ASSETS AND LIABILITIES.
(a) The dissolution of the district and the sale or transfer of the
district's assets and liabilities to another person may not
contravene a trust indenture or bond resolution relating to the
district's outstanding bonds. The dissolution and sale or transfer
does not diminish or impair the rights of a holder of an outstanding
bond, warrant, or other obligation of the district.
(b) The sale or transfer of the district's assets and
liabilities must satisfy the debt and bond obligations of the
district in a manner that protects the interests of district
residents, including the residents' collective property rights in
the district's assets.
(c) The district may not transfer or dispose of the
district's assets except for due compensation unless:
(1) the transfer is made to another governmental
entity that serves the district; and
(2) the transferred assets are to be used for the
benefit of the district's residents.
(d) A grant from federal funds is an obligation to be repaid
in satisfaction. (Acts 59th Leg., R.S., Ch. 84, Secs. 16A(m)
(part), (n).)
Sec. 1084.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
TAXES. (a) After the board finds that the district is dissolved,
the board shall:
(1) determine the debt owed by the district; and
(2) impose on the property included on the district's
tax rolls a tax that is in proportion of the debt to the property
value.
(b) On the payment of all outstanding debts and obligations
of the district, the board shall order the secretary to return to
each district taxpayer the taxpayer's pro rata share of all unused
tax money.
(c) A taxpayer may request that the taxpayer's share of
surplus tax money be credited to the taxpayer's county taxes. If a
taxpayer requests the credit, the board shall direct the secretary
to transmit the money to the county tax assessor-collector. (Acts
59th Leg., R.S., Ch. 84, Secs. 16A(h), (i), (j).)
Sec. 1084.308. REPORT; DISSOLUTION ORDER. (a) After the
district has paid all district debts and has disposed of all
district money and other assets as prescribed by this subchapter,
the board shall file a written report with the Commissioners Court
of Palo Pinto County summarizing the board's actions in dissolving
the district.
(b) Not later than the 10th day after the date the
Commissioners Court of Palo Pinto County receives the report and
determines that the requirements of this subchapter have been
fulfilled, the commissioners court shall enter an order dissolving
the district and releasing the board from any further duty or
obligation. (Acts 59th Leg., R.S., Ch. 84, Secs. 16A(k), (l).)
CHAPTER 1085. PARKER COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1085.001. DEFINITIONS
Sec. 1085.002. AUTHORITY FOR CREATION
Sec. 1085.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1085.004. DISTRICT TERRITORY
Sec. 1085.005. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1085.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1085.007-1085.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1085.051. BOARD ELECTION; TERM
Sec. 1085.052. NOTICE OF ELECTION
Sec. 1085.053. BALLOT PETITION
Sec. 1085.054. BOARD VACANCY
Sec. 1085.055. OFFICERS
Sec. 1085.056. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR
Sec. 1085.057. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1085.058. APPOINTMENT OF STAFF AND EMPLOYEES
Sec. 1085.059. RETIREMENT PROGRAM
Sec. 1085.060. LEGAL COUNSEL
[Sections 1085.061-1085.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1085.101. DISTRICT RESPONSIBILITY
Sec. 1085.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1085.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1085.104. HOSPITAL SYSTEM
Sec. 1085.105. RULES
Sec. 1085.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1085.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1085.108. EMINENT DOMAIN
Sec. 1085.109. GIFTS AND ENDOWMENTS
Sec. 1085.110. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR CARE AND TREATMENT
Sec. 1085.111. PAYMENT FOR TREATMENT; PROCEDURES
[Sections 1085.112-1085.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1085.151. BUDGET
Sec. 1085.152. NOTICE; HEARING; APPROVAL OF BUDGET
Sec. 1085.153. AMENDMENTS TO BUDGET
Sec. 1085.154. RESTRICTION ON EXPENDITURES
Sec. 1085.155. FISCAL YEAR
Sec. 1085.156. AUDIT
Sec. 1085.157. FINANCIAL REPORT
Sec. 1085.158. DEPOSITORY
Sec. 1085.159. AUTHORITY TO BORROW MONEY
[Sections 1085.160-1085.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1085.201. GENERAL OBLIGATION BONDS
Sec. 1085.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1085.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1085.204. EXECUTION OF GENERAL OBLIGATION BONDS
Sec. 1085.205. REFUNDING BONDS
Sec. 1085.206. BONDS EXEMPT FROM TAXATION
[Sections 1085.207-1085.250 reserved for expansion]
SUBCHAPTER F. GENERAL TAX PROVISIONS
Sec. 1085.251. IMPOSITION OF AD VALOREM TAX
Sec. 1085.252. TAX RATE
Sec. 1085.253. ELECTION TO INCREASE MAXIMUM TAX RATE
Sec. 1085.254. TAX ASSESSOR-COLLECTOR
[Sections 1085.255-1085.300 reserved for expansion]
SUBCHAPTER G. SALES AND USE TAX
Sec. 1085.301. DEFINITION: TAXABLE ITEM
Sec. 1085.302. SALES AND USE TAX AUTHORIZED
Sec. 1085.303. SALES TAX
Sec. 1085.304. USE TAX
Sec. 1085.305. CONSIDERATION OF TAX RATE
Sec. 1085.306. APPLICABILITY OF TAX CODE
Sec. 1085.307. REPEAL OF TAX
CHAPTER 1085. PARKER COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1085.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Parker County Hospital
District. (New.)
Sec. 1085.002. AUTHORITY FOR CREATION. The Parker County
Hospital District is created under the authority of Section 9,
Article IX, Texas Constitution, and has the rights, powers, and
duties prescribed by this chapter. (Acts 59th Leg., R.S., Ch. 35,
Sec. 1 (part).)
Sec. 1085.003. ESSENTIAL PUBLIC FUNCTION. The district
performs an essential public function in carrying out the purposes
of this chapter. (Acts 59th Leg., R.S., Ch. 35, Sec. 10 (part).)
Sec. 1085.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Parker County,
Texas. (Acts 59th Leg., R.S., Ch. 35, Sec. 1 (part).)
Sec. 1085.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state. (Acts 59th
Leg., R.S., Ch. 35, Sec. 21 (part).)
Sec. 1085.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 59th Leg., R.S., Ch. 35, Sec. 21 (part).)
[Sections 1085.007-1085.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1085.051. BOARD ELECTION; TERM. (a) The board
consists of seven directors elected as follows:
(1) one director elected from each commissioners
precinct of Parker County; and
(2) three directors elected from the district at
large.
(b) The board shall declare the results of the election.
(c) Directors serve staggered two-year terms unless
four-year terms are established under Section 285.081, Health and
Safety Code. (Acts 59th Leg., R.S., Ch. 35, Secs. 4A(a), (b)
(part), 4B(b), (d).)
Sec. 1085.052. NOTICE OF ELECTION. At least 60 days before
the date of an election of directors, the board shall publish notice
of the election one time in a newspaper of general circulation in
the district. The notice must state the purpose of the election and
the election date. (Acts 59th Leg., R.S., Ch. 35, Secs. 4A(b)
(part), 4B(b).)
Sec. 1085.053. BALLOT PETITION. A person who wants to have
the person's name printed on the ballot as a candidate for director
must file with the board secretary a petition requesting that
action. The petition must:
(1) be signed by at least 10 registered voters who
reside in the district;
(2) be filed at least 31 days before the date of the
election; and
(3) specify the county commissioners precinct the
candidate wants to represent or specify that the candidate wants to
represent the district at large. (Acts 59th Leg., R.S., Ch. 35,
Secs. 4A(c) (part), 4B(c).)
Sec. 1085.054. BOARD VACANCY. If a vacancy occurs in the
office of director, the remaining directors shall appoint a
director for the unexpired term. (Acts 59th Leg., R.S., Ch. 35,
Sec. 4A(h).)
Sec. 1085.055. OFFICERS. (a) The board shall elect a
president, vice president, and secretary from among its members.
(b) Each officer of the board serves for a term of one year.
(Acts 59th Leg., R.S., Ch. 35, Sec. 4A(g).)
Sec. 1085.056. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR. (a) The board may appoint and employ a qualified
person as district administrator.
(b) The board may appoint and employ an assistant
administrator.
(c) The district administrator and any assistant
administrator serve at the will of the board and are entitled to the
compensation determined by the board.
(d) On assuming the duties of district administrator, the
administrator shall execute a bond payable to the district in an
amount set by the board of not less than $5,000 that:
(1) is conditioned on the administrator performing the
administrator's duties; and
(2) contains any other condition the board may
require. (Acts 59th Leg., R.S., Ch. 35, Sec. 5 (part).)
Sec. 1085.057. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 59th
Leg., R.S., Ch. 35, Sec. 5 (part).)
Sec. 1085.058. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
board may appoint to the staff any physicians and employ any
technicians, nurses, and other employees the board considers
necessary for the efficient operation of the district.
(b) The board may provide that the district administrator
has the authority to hire district employees, including technicians
and nurses. (Acts 59th Leg., R.S., Ch. 35, Sec. 5 (part).)
Sec. 1085.059. RETIREMENT PROGRAM. The board may enter
into a contract or agreement with this state or the federal
government as required to establish or continue a retirement
program for the benefit of the district's employees. (Acts 59th
Leg., R.S., Ch. 35, Sec. 5 (part).)
Sec. 1085.060. LEGAL COUNSEL. (a) The appropriate county,
district, or criminal district attorney charged with representing
Parker County in civil matters shall represent the district in all
legal matters.
(b) The district shall contribute sufficient money to the
Parker County general fund for the account designated for the
appropriate attorney described in Subsection (a) to pay all
additional salaries and expenses incurred by the attorney in
performing the duties required by the district.
(c) The board may employ additional legal counsel the board
considers advisable. (Acts 59th Leg., R.S., Ch. 35, Sec. 17.)
[Sections 1085.061-1085.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1085.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for:
(1) operating all hospital facilities for providing
medical and hospital care of indigent persons in the district; and
(2) providing medical and hospital care for the
district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 35, Secs.
2 (part), 20 (part).)
Sec. 1085.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. Parker County or a municipality in Parker County
may not impose a tax or issue bonds or other obligations for
hospital purposes or for medical treatment of indigent persons in
the district. (Acts 59th Leg., R.S., Ch. 35, Sec. 20 (part).)
Sec. 1085.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the district's
hospitals and hospital system. (Acts 59th Leg., R.S., Ch. 35, Sec.
5 (part).)
Sec. 1085.104. HOSPITAL SYSTEM. The district shall provide
for:
(1) the establishment of a hospital system by:
(A) purchasing, constructing, acquiring,
repairing, or renovating buildings and equipment; and
(B) equipping the buildings; and
(2) the administration of the hospital system for
hospital purposes. (Acts 59th Leg., R.S., Ch. 35, Sec. 2 (part).)
Sec. 1085.105. RULES. The board may adopt rules as required
to administer this chapter. (Acts 59th Leg., R.S., Ch. 35, Sec. 11
(part).)
Sec. 1085.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures. (Acts 59th
Leg., R.S., Ch. 35, Sec. 11 (part).)
Sec. 1085.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine the type, number, and
location of buildings required to maintain an adequate hospital
system.
(b) The board may construct, purchase, acquire, lease, add
to, maintain, operate, develop, regulate, sell, and convey all
land, property, property rights, equipment, hospital facilities,
and systems for the maintenance of hospitals, buildings, clinics,
structures, and any other facilities. (Acts 59th Leg., R.S., Ch.
35, Secs. 5 (part), 9.)
Sec. 1085.108. EMINENT DOMAIN. (a) The district may:
(1) condemn and purchase all land, property, property
rights, equipment, hospital facilities, and systems for the
maintenance of hospitals, buildings, clinics, structures, and any
other facilities; and
(2) exercise the power of eminent domain to effect a
purpose described by Subdivision (1), or for acquiring or damaging
any land or property, including any kind of property appurtenant to
that land or property.
(b) The board must institute and exercise the power of
eminent domain under a resolution adopted by the board and in the
manner and by the procedure provided by Chapter 21, Property Code.
(Acts 59th Leg., R.S., Ch. 35, Sec. 5 (part).)
Sec. 1085.109. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 59th Leg., R.S., Ch. 35, Sec.
19.)
Sec. 1085.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
CARE AND TREATMENT. (a) The board may contract with a county or a
municipality located outside the district's boundaries for the care
and treatment of a sick or injured person of that county or
municipality.
(b) The board may contract with this state or a federal
agency for the treatment of a sick or injured person for whom this
state or the federal government is responsible. (Acts 59th Leg.,
R.S., Ch. 35, Sec. 5 (part).)
Sec. 1085.111. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a patient who resides in the district is admitted to a district
facility, the district administrator shall have an inquiry made
into the circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives cannot pay all or part of the costs of
the care and treatment in the hospital, the amount of the costs that
cannot be paid becomes a charge against the district.
(c) If the district administrator determines that the
patient or those relatives can pay for all or part of the costs of
the patient's care and treatment, the patient or those relatives
shall be ordered to pay the district a specified amount each week
for the patient's support. The amount ordered must be
proportionate to the person's financial ability and may not exceed
the actual per capita cost of maintenance.
(d) The district administrator may collect the amount from
the estate of the patient, or from any relative who is legally
liable for the patient's support, in the manner provided by law for
the collection of expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay, or doubt
in the mind of the district administrator, the board shall hold a
hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue any appropriate orders.
(f) A final order of the board may be appealed to the
district court. The substantial evidence rule applies to the
appeal. (Acts 59th Leg., R.S., Ch. 35, Sec. 18.)
[Sections 1085.112-1085.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1085.151. BUDGET. The district administrator shall
prepare an annual budget for approval by the board. (Acts 59th
Leg., R.S., Ch. 35, Sec. 6 (part).)
Sec. 1085.152. NOTICE; HEARING; APPROVAL OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual budget.
(b) Notice of the hearing must be published one time at
least 10 days before the date of the hearing.
(c) The board must approve the annual budget. (Acts 59th
Leg., R.S., Ch. 35, Sec. 6 (part).)
Sec. 1085.153. AMENDMENTS TO BUDGET. The budget may be
amended as required by circumstances. The board must approve all
amendments. (Acts 59th Leg., R.S., Ch. 35, Sec. 6 (part).)
Sec. 1085.154. RESTRICTION ON EXPENDITURES. Money may be
spent only for an expense included in the budget or an amendment to
the budget. (Acts 59th Leg., R.S., Ch. 35, Sec. 6 (part).)
Sec. 1085.155. FISCAL YEAR. The district operates
according to a fiscal year that begins on October 1 and ends on
September 30. (Acts 59th Leg., R.S., Ch. 35, Sec. 6 (part).)
Sec. 1085.156. AUDIT. (a) The district shall have an audit
made of the district's financial condition.
(b) The audit shall be open to inspection at all times at the
district's principal office. (Acts 59th Leg., R.S., Ch. 35, Sec. 6
(part).)
Sec. 1085.157. FINANCIAL REPORT. As soon as practicable
after the close of each fiscal year, the district administrator
shall prepare for the board:
(1) a complete sworn statement of all district money;
and
(2) a complete account of the disbursements of that
money. (Acts 59th Leg., R.S., Ch. 35, Sec. 6 (part).)
Sec. 1085.158. DEPOSITORY. (a) The board shall select one
or more financial institutions to serve as a depository for
district money.
(b) District money shall be immediately deposited on
receipt with a depository institution, except that sufficient money
must be remitted to the institution designated for the payment of
principal of and interest on the district's outstanding bonds or
other obligations assumed by the district in time for the
institution to make that payment on or before the maturity date of
the principal and interest.
(c) To the extent that money in a depository institution is
not insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds.
(d) Membership on the district's board of an officer or
director of a financial institution does not disqualify the
institution from being designated as a depository. (Acts 59th
Leg., R.S., Ch. 35, Sec. 12.)
Sec. 1085.159. AUTHORITY TO BORROW MONEY. The board may
contract indebtedness or borrow money for district purposes on the
credit of the district or secured by revenues of district hospitals
and the hospital system. (Acts 59th Leg., R.S., Ch. 35, Sec. 5
(part).)
[Sections 1085.160-1085.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1085.201. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligation bonds in the name and on the faith
and credit of the district for any purpose related to the purchase,
construction, acquisition, repair, or renovation of improvements
and equipping improvements for hospitals and the hospital system,
as determined by the board. (Acts 59th Leg., R.S., Ch. 35, Secs. 5
(part), 7 (part).)
Sec. 1085.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued under Section
1085.201, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund and to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed the
lesser of:
(1) the maximum tax rate approved by district voters;
or
(2) 75 cents on each $100 valuation of all taxable
property in the district. (Acts 59th Leg., R.S., Ch. 35, Sec. 7
(part).)
Sec. 1085.203. GENERAL OBLIGATION BOND ELECTION. (a) The
board may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters voting at an
election held for that purpose.
(b) The board shall call the election. The election must be
held in accordance with Chapter 1251, Government Code.
(c) The bond election order must specify:
(1) the date of the election;
(2) the location of the polling places;
(3) the presiding election officers;
(4) the amount of the bonds to be authorized;
(5) the maximum interest rate of the bonds; and
(6) the maximum maturity of the bonds. (Acts 59th
Leg., R.S., Ch. 35, Sec. 7 (part).)
Sec. 1085.204. EXECUTION OF GENERAL OBLIGATION BONDS. The
board president shall execute the general obligation bonds in the
district's name and the board secretary shall attest the bonds as
provided by Chapter 618, Government Code. (Acts 59th Leg., R.S.,
Ch. 35, Sec. 7 (part).)
Sec. 1085.205. REFUNDING BONDS. (a) The board may, without
an election, issue refunding bonds to refund any bonds issued or
assumed by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bond
applied to the payment of outstanding bonds; or
(2) exchanged wholly or partly for not less than a
similar principal amount of the outstanding bonds. (Acts 59th
Leg., R.S., Ch. 35, Sec. 7 (part).)
Sec. 1085.206. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) the transfer and issuance of the bonds; and
(3) profits made in the sale of the bonds. (Acts 59th
Leg., R.S., Ch. 35, Sec. 10 (part).)
[Sections 1085.207-1085.250 reserved for expansion]
SUBCHAPTER F. GENERAL TAX PROVISIONS
Sec. 1085.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The board shall impose the tax to pay:
(1) indebtedness issued or assumed by the district;
and
(2) the maintenance and operating expenses of the
district. (Acts 59th Leg., R.S., Ch. 35, Secs. 13 (part), 16
(part).)
Sec. 1085.252. TAX RATE. (a) The board may impose the tax
at a rate not to exceed the lesser of:
(1) the maximum tax rate approved by district voters;
or
(2) 75 cents on each $100 valuation of all taxable
property in the district.
(b) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 59th
Leg., R.S., Ch. 35, Secs. 3 (part), 13 (part).)
Sec. 1085.253. ELECTION TO INCREASE MAXIMUM TAX RATE. (a)
The board may order an election to increase the district's maximum
tax rate to a rate not to exceed 75 cents on each $100 valuation of
taxable property in the district.
(b) The maximum tax rate may not be increased unless the
increase is approved by a majority of the district voters voting in
an election held for that purpose.
(c) An election held under this section must be ordered and
notice must be given in the manner provided for a bond election
under Subchapter E. (Acts 59th Leg., R.S., Ch. 35, Sec. 3 (part).)
Sec. 1085.254. TAX ASSESSOR-COLLECTOR. The tax
assessor-collector of Parker County shall assess and collect taxes
imposed by the district. (Acts 59th Leg., R.S., Ch. 35, Sec. 16
(part).)
[Sections 1085.255-1085.300 reserved for expansion]
SUBCHAPTER G. SALES AND USE TAX
Sec. 1085.301. DEFINITION: TAXABLE ITEM. (a) In this
subchapter, "taxable item" includes only an item that is subject to
a sales and use tax that might also be imposed by Parker County in
the district. The term does not include an item that is not subject
to a sales and use tax imposed by Parker County in the district.
(b) A change in the taxable status of an item for purposes of
a sales and use tax imposed by Parker County results in the same
change in the taxable status of the item for purposes of the tax
imposed by the district. (Acts 59th Leg., R.S., Ch. 35, Sec. 13A(b)
(part).)
Sec. 1085.302. SALES AND USE TAX AUTHORIZED. The district
may adopt a sales and use tax for the benefit of the district if the
tax is approved by a majority of the voters of the district voting
at an election held for that purpose. (Acts 59th Leg., R.S., Ch.
35, Sec. 13A(a) (part).)
Sec. 1085.303. SALES TAX. (a) If the district adopts the
tax under Section 1085.302, a tax is imposed on the receipts from
the sale at retail of taxable items in the district.
(b) The rate of the tax imposed under Subsection (a) is
one-half of one percent. (Acts 59th Leg., R.S., Ch. 35, Sec. 13A(b)
(part).)
Sec. 1085.304. USE TAX. (a) If the district adopts the tax
under Section 1085.302, an excise tax is imposed on the use,
storage, or other consumption in the district of taxable items
purchased, leased, or rented from a retailer during the period that
the tax is effective in the district.
(b) The rate of the excise tax is the same as the rate of the
sales tax portion of the sales and use tax and is applied to the
sales price of the taxable items. (Acts 59th Leg., R.S., Ch. 35,
Sec. 13A(b) (part).)
Sec. 1085.305. CONSIDERATION OF TAX RATE. The rate of the
sales and use tax imposed by the district under this subchapter is
not counted in determining the limitation prescribed by law on
local sales and use taxes imposed by a municipality or county in the
district. (Acts 59th Leg., R.S., Ch. 35, Sec. 13A(a) (part).)
Sec. 1085.306. APPLICABILITY OF TAX CODE. (a) Except as
provided by Subsection (b) and Section 1085.307, Chapter 323, Tax
Code, governs:
(1) an election to approve the adoption of the sales
and use tax under this subchapter; and
(2) the imposition, computation, administration,
governance, use, and repeal of the tax.
(b) The following sections of the Tax Code do not apply to
the sales and use tax under this subchapter:
(1) Sections 323.101(d) and (e); and
(2) Section 323.209.
(c) In determining procedures under Chapter 323, Tax Code:
(1) a reference in that chapter to "the county" means
the district; and
(2) a reference to the "commissioners court" means the
board. (Acts 59th Leg., R.S., Ch. 35, Sec. 13A(c).)
Sec. 1085.307. REPEAL OF TAX. (a) If the district adopts
the tax under Section 1085.302, the county clerk of Parker County
shall place on the ballot a proposition on the question of repealing
the tax if the county clerk receives a petition requesting the
repeal that is signed by a number of registered voters of the
district equal to at least 10 percent of the total number of votes
cast in the most recent election at which the adoption of the tax
was approved.
(b) The county clerk shall place the proposition on the
ballot at the first November uniform election date that occurs at
least 121 days after the date the county clerk receives the
petition.
(c) If a majority of the voters voting in the election to
repeal the tax approve the repeal, the repeal of the tax takes
effect on the January 1 following the election. (Acts 59th Leg.,
R.S., Ch. 35, Sec. 13A(d).)
CHAPTER 1088. REAGAN HOSPITAL DISTRICT OF REAGAN
COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1088.001. DEFINITIONS
Sec. 1088.002. AUTHORITY FOR CREATION
Sec. 1088.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1088.004. DISTRICT TERRITORY
Sec. 1088.005. CORRECTION OF INVALID PROCEDURES
Sec. 1088.006. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1088.007. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1088.008-1088.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1088.051. BOARD ELECTION; TERMS
Sec. 1088.052. NOTICE OF ELECTION
Sec. 1088.053. QUALIFICATIONS FOR OFFICE
Sec. 1088.054. BOARD VACANCY
Sec. 1088.055. OFFICERS
Sec. 1088.056. VOTING REQUIREMENT
Sec. 1088.057. DIRECTOR PARTICIPATION IN GROUP HEALTH
INSURANCE
Sec. 1088.058. DISTRICT ADMINISTRATOR; ASSISTANT
DISTRICT ADMINISTRATORS
Sec. 1088.059. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1088.060. APPOINTMENT AND DISMISSAL OF STAFF AND
EMPLOYEES; CONTRACT WITH DOCTORS
Sec. 1088.061. RECRUITMENT OF MEDICAL STAFF AND
EMPLOYEES
Sec. 1088.062. EDUCATIONAL PROGRAMS; COURSES
Sec. 1088.063. SENIORITY; RETIREMENT BENEFITS
[Sections 1088.064-1088.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1088.101. DISTRICT RESPONSIBILITY
Sec. 1088.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1088.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1088.104. HOSPITAL SYSTEM
Sec. 1088.105. RULES
Sec. 1088.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1088.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1088.108. EMINENT DOMAIN
Sec. 1088.109. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 1088.110. GIFTS AND ENDOWMENTS
Sec. 1088.111. CONSTRUCTION CONTRACTS
Sec. 1088.112. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1088.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR HOSPITAL TREATMENT
Sec. 1088.114. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR INVESTIGATORY OR OTHER SERVICES
Sec. 1088.115. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1088.116. NONPROFIT CORPORATION
Sec. 1088.117. AUTHORITY TO SUE AND BE SUED
[Sections 1088.118-1088.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1088.151. BUDGET
Sec. 1088.152. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1088.153. AMENDMENTS TO BUDGET
Sec. 1088.154. RESTRICTION ON EXPENDITURES
Sec. 1088.155. FISCAL YEAR
Sec. 1088.156. ANNUAL AUDIT
Sec. 1088.157. INSPECTION OF AUDIT AND DISTRICT
RECORDS
Sec. 1088.158. FINANCIAL REPORT
Sec. 1088.159. DEPOSITORY
Sec. 1088.160. SPENDING AND INVESTMENT RESTRICTIONS
[Sections 1088.161-1088.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1088.201. GENERAL OBLIGATION BONDS
Sec. 1088.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1088.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1088.204. MATURITY OF GENERAL OBLIGATION BONDS
Sec. 1088.205. EXECUTION OF GENERAL OBLIGATION BONDS
Sec. 1088.206. REVENUE BONDS
Sec. 1088.207. BONDS EXEMPT FROM TAXATION
[Sections 1088.208-1088.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1088.251. IMPOSITION OF AD VALOREM TAX
Sec. 1088.252. TAX RATE
Sec. 1088.253. TAX ASSESSOR-COLLECTOR
[Sections 1088.254-1088.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION
Sec. 1088.301. DISSOLUTION; ELECTION
Sec. 1088.302. NOTICE OF ELECTION
Sec. 1088.303. BALLOT
Sec. 1088.304. ELECTION RESULTS
Sec. 1088.305. TRANSFER, SALE, OR ADMINISTRATION OF
ASSETS
Sec. 1088.306. SALE OR TRANSFER OF ASSETS AND
LIABILITIES
Sec. 1088.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
TAXES
Sec. 1088.308. REPORT; DISSOLUTION ORDER
CHAPTER 1088. REAGAN HOSPITAL DISTRICT OF REAGAN
COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1088.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Reagan Hospital District of
Reagan County, Texas. (New.)
Sec. 1088.002. AUTHORITY FOR CREATION. The Reagan Hospital
District of Reagan County, Texas, is created under the authority of
Section 9, Article IX, Texas Constitution. (Acts 65th Leg., R.S.,
Ch. 29, Sec. 1.)
Sec. 1088.003. ESSENTIAL PUBLIC FUNCTION. The district
performs an essential public function in carrying out the purposes
of this chapter. (Acts 65th Leg., R.S., Ch. 29, Sec. 22 (part).)
Sec. 1088.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of the Reagan County
Independent School District of Reagan County, as those boundaries
existed on March 24, 1977. (Acts 65th Leg., R.S., Ch. 29, Sec. 2.)
Sec. 1088.005. CORRECTION OF INVALID PROCEDURES. If a
court holds that any procedure under this chapter violates the
constitution of this state or of the United States, the district by
resolution may provide an alternative procedure that conforms with
the constitution. (Acts 65th Leg., R.S., Ch. 29, Sec. 23 (part).)
Sec. 1088.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state. (Acts 65th
Leg., R.S., Ch. 29, Sec. 21 (part).)
Sec. 1088.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 65th Leg., R.S., Ch. 29, Sec. 21 (part).)
[Sections 1088.008-1088.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1088.051. BOARD ELECTION; TERMS. (a) The board
consists of six directors elected as follows:
(1) one director elected from each commissioners
precinct of Reagan County; and
(2) two directors elected from the district at large.
(b) A redistricting or other change in the boundaries of the
commissioners precincts of Reagan County does not affect the
service or term of a director in office when the change occurs. The
change in the commissioners precincts applies to each election of
directors occurring after the change takes effect as the terms of
directors then in office expire.
(c) Directors serve staggered three-year terms.
(d) An election shall be held on the uniform election date
in May of each year to elect the appropriate number of directors.
(Acts 65th Leg., R.S., Ch. 29, Secs. 5(a) (part), (b), (e) (part).)
Sec. 1088.052. NOTICE OF ELECTION. Notice of an election of
directors shall be published one time in a newspaper of general
circulation in the district in accordance with Chapter 4, Election
Code. (Acts 65th Leg., R.S., Ch. 29, Sec. 5(e) (part).)
Sec. 1088.053. QUALIFICATIONS FOR OFFICE. (a) A person may
not be elected or appointed as a director unless the person is:
(1) a resident of the district; and
(2) a qualified voter.
(b) A director elected from a commissioners precinct is not
required to be a resident of that commissioners precinct. (Acts
65th Leg., R.S., Ch. 29, Secs. 5(a) (part), (c).)
Sec. 1088.054. BOARD VACANCY. (a) If a vacancy occurs in
the office of director, the remaining directors shall appoint a
director to hold office for the remainder of the unexpired term.
(b) If the number of directors is reduced to fewer than
five, the remaining directors shall immediately call a special
election to fill the vacancies. If the remaining directors do not
call the election, a district court, on application of a district
resident, shall order the election. (Acts 65th Leg., R.S., Ch. 29,
Sec. 5(d) (part).)
Sec. 1088.055. OFFICERS. (a) The board shall elect:
(1) a president and a vice president from among its
members; and
(2) a secretary, who need not be a director.
(b) Each officer of the board serves for a term of one year.
(c) The board by vote shall fill a vacancy in a board office
for the unexpired term. (Acts 65th Leg., R.S., Ch. 29, Sec. 5(d)
(part).)
Sec. 1088.056. VOTING REQUIREMENT. A concurrence of four
directors is sufficient in any matter relating to district
business. (Acts 65th Leg., R.S., Ch. 29, Sec. 5(d) (part).)
Sec. 1088.057. DIRECTOR PARTICIPATION IN GROUP HEALTH
INSURANCE. The directors may participate in any group health
insurance plan sponsored by the district for district employees.
(Acts 65th Leg., R.S., Ch. 29, Sec. 6(n).)
Sec. 1088.058. DISTRICT ADMINISTRATOR; ASSISTANT DISTRICT
ADMINISTRATORS. (a) The board may appoint a qualified person as
district administrator.
(b) The board may appoint assistant administrators.
(c) The district administrator and any assistant
administrator serve at the will of the board and are entitled to the
compensation determined by the board.
(d) On assuming the duties of district administrator, the
administrator shall execute a bond payable to the district in an
amount set by the board of not less than $5,000 that:
(1) is conditioned on the administrator performing the
administrator's duties; and
(2) contains other conditions the board may require.
(e) The board may pay for the bond with district money.
(Acts 65th Leg., R.S., Ch. 29, Sec. 6(d) (part).)
Sec. 1088.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 65th
Leg., R.S., Ch. 29, Sec. 6(d) (part).)
Sec. 1088.060. APPOINTMENT AND DISMISSAL OF STAFF AND
EMPLOYEES; CONTRACT WITH DOCTORS. (a) The board may appoint to or
dismiss from the staff or contract with any doctors the board
considers necessary for the efficient operation of the district and
may make temporary appointments as necessary.
(b) The district may employ fiscal agents, accountants,
architects, and attorneys the board considers proper.
(c) The board may delegate to the district administrator the
authority to hire district employees, including technicians and
nurses. (Acts 65th Leg., R.S., Ch. 29, Secs. 6(e), (f), 17.)
Sec. 1088.061. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES.
The board may spend district money, enter into agreements, and take
other necessary action to recruit physicians and other persons to
serve as medical staff members or district employees, including:
(1) advertising and marketing;
(2) paying travel, recruitment, and relocation
expenses;
(3) providing a loan or scholarship to a physician or a
person who:
(A) is currently enrolled in health care
education courses at an institution of higher education; and
(B) contractually agrees to become a district
employee or medical staff member; or
(4) paying the tuition or other expenses of a
full-time medical student or other student in a health occupation
who:
(A) is enrolled in and is in good standing at an
accredited medical school, college, or university; and
(B) contractually agrees to become a district
employee or independent contractor in return for that assistance.
(Acts 65th Leg., R.S., Ch. 29, Sec. 6(i).)
Sec. 1088.062. EDUCATIONAL PROGRAMS; COURSES. The board
may provide or contract for the provision of educational programs
or courses for district employees and medical staff. (Acts 65th
Leg., R.S., Ch. 29, Sec. 6(k).)
Sec. 1088.063. SENIORITY; RETIREMENT BENEFITS. (a) The
board may:
(1) adopt rules related to the seniority of district
employees; and
(2) establish or administer a retirement program or
elect to participate in any statewide retirement program in which
the district is eligible to participate.
(b) The district may give effect to previous years of
service for district employees continuously employed in the
operation or management of the hospital facilities acquired from
the county or a municipality when the district was created. (Acts
65th Leg., R.S., Ch. 29, Secs. 6(b), (c) (part).)
[Sections 1088.064-1088.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1088.101. DISTRICT RESPONSIBILITY. (a) The district
has full responsibility for providing hospital care for the
district's indigent residents.
(b) The district shall provide all necessary hospital and
medical care for the district's needy inhabitants. (Acts 65th
Leg., R.S., Ch. 29, Secs. 3(a) (part), 20 (part).)
Sec. 1088.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision of this state, other
than the district, may not impose a tax or issue bonds or other
obligations for hospital purposes or to provide hospital service or
medical care in the district. (Acts 65th Leg., R.S., Ch. 29, Secs.
3(a) (part), 20 (part).)
Sec. 1088.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital system
and the district's money and resources. (Acts 65th Leg., R.S., Ch.
29, Sec. 6(a) (part).)
Sec. 1088.104. HOSPITAL SYSTEM. (a) The district has the
responsibility to establish a hospital or hospital system within
its boundaries to provide hospital and medical care to the
district's residents.
(b) The district shall provide for:
(1) the establishment of a hospital system by:
(A) purchasing, constructing, acquiring,
repairing, or renovating buildings and equipment; and
(B) equipping the buildings; and
(2) the administration of the hospital system for
hospital purposes and medical purposes.
(c) The hospital system may include:
(1) facilities for domiciliary care of the sick,
injured, or geriatric;
(2) outpatient clinics;
(3) dispensaries;
(4) convalescent home facilities;
(5) necessary nurses;
(6) domiciliaries and training centers;
(7) blood banks;
(8) community mental health centers;
(9) research centers or laboratories; and
(10) any other facilities the board considers
necessary for medical and hospital care. (Acts 65th Leg., R.S., Ch.
29, Secs. 3(a) (part), (b) (part), 10 (part).)
Sec. 1088.105. RULES. The board may adopt rules governing
the operation of the hospital, the hospital system, and the
district's staff and employees. (Acts 65th Leg., R.S., Ch. 29, Sec.
6(c) (part).)
Sec. 1088.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures. (Acts 65th
Leg., R.S., Ch. 29, Sec. 11 (part).)
Sec. 1088.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine the type, number, and
location of buildings required to maintain an adequate hospital
system.
(b) The board may:
(1) purchase or lease property, including facilities
or equipment, for the district to use in the hospital system; and
(2) mortgage or pledge the property as security for
the payment of the purchase price.
(c) The board may lease all or part of the district's
buildings and other facilities on terms considered to be in the best
interest of the district's inhabitants. The term of the lease may
not exceed 25 years.
(d) The district may acquire equipment for use in the
district's hospital system and mortgage or pledge the property as
security for the payment of the purchase price. A contract entered
into under this subsection must provide that the entire obligation
be retired not later than the fifth anniversary of the date of the
contract.
(e) The district may sell or otherwise dispose of any
property, including equipment, on terms the board finds are in the
best interest of the district's inhabitants. (Acts 65th Leg.,
R.S., Ch. 29, Secs. 6(h), 10 (part), 11 (part).)
Sec. 1088.108. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property located in district
territory if the interest is necessary or convenient for the
district to exercise a power, right, or privilege conferred by this
chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021, Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 65th Leg., R.S., Ch. 29,
Sec. 15(a).)
Sec. 1088.109. COST OF RELOCATING OR ALTERING PROPERTY. In
exercising the power of eminent domain, if the board requires
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of any railroad, electric transmission
and distribution, telegraph or telephone line, conduit, pole, or
facility, or pipeline, the district must bear the actual cost of
relocating, raising, lowering, rerouting, changing the grade, or
altering the construction to provide comparable replacement
without enhancement of facilities, after deducting the net salvage
value derived from the old facility. (Acts 65th Leg., R.S., Ch. 29,
Sec. 15(b).)
Sec. 1088.110. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 65th Leg., R.S., Ch. 29, Sec.
19.)
Sec. 1088.111. CONSTRUCTION CONTRACTS. A construction
contract in excess of the amount provided by Section 271.024, Local
Government Code, may be made only after competitive bidding as
provided by Subchapter B, Chapter 271, Local Government Code.
(Acts 65th Leg., R.S., Ch. 29, Sec. 11 (part).)
Sec. 1088.112. OPERATING AND MANAGEMENT CONTRACTS. The
board may enter into an operating or management contract relating
to a district facility. (Acts 65th Leg., R.S., Ch. 29, Sec. 10
(part).)
Sec. 1088.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
HOSPITAL TREATMENT. (a) The board may contract with a county or
municipality located outside the district's boundaries for the
hospitalization and treatment of a sick or injured person of that
county or municipality.
(b) The board may contract with this state or a federal
agency for the hospital treatment of a sick or injured person.
(Acts 65th Leg., R.S., Ch. 29, Sec. 6(g) (part).)
Sec. 1088.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
INVESTIGATORY OR OTHER SERVICES. The board may contract with a
political subdivision or governmental agency for the district to
provide investigatory or other services for the medical, hospital,
or welfare needs of district inhabitants. (Acts 65th Leg., R.S.,
Ch. 29, Sec. 6(g) (part).)
Sec. 1088.115. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a patient who resides in the district is admitted to a district
hospital facility, the district administrator may have an inquiry
made into the financial circumstances of:
(1) the patient; and
(2) relatives of the patient who are legally liable
for the patient's support.
(b) If the district administrator determines that the
patient or relatives cannot pay all or part of the costs of the
patient's care and treatment in the hospital, the amount of the
costs that cannot be paid becomes a charge against the district.
(c) If the district administrator determines that the
patient or relatives can pay for all or part of the costs of the care
and treatment, as determined by the district's indigent health care
policy, the patient or relatives shall be ordered to pay the
district a specified amount each week for the patient's care and
support. The amount ordered must be proportionate to the person's
financial ability.
(d) The district administrator may collect the amount from
the patient's estate, or from any relative who is legally liable for
the patient's support, in the manner provided by law for the
collection of expenses of the last illness of a deceased person.
(e) The board may institute a suit to collect an amount owed
to the district by a patient who has not been determined to be
unable to pay under this section.
(f) If there is a dispute as to the ability to pay, or doubt
in the mind of the district administrator concerning the ability to
pay, the board shall hold a hearing and, after calling witnesses,
shall determine the issue. (Acts 65th Leg., R.S., Ch. 29, Secs.
6(l), 18.)
Sec. 1088.116. NONPROFIT CORPORATION. (a) The district
may create and sponsor a nonprofit corporation under the Business
Organizations Code and may contribute money to or solicit money for
the corporation.
(b) The corporation may use its money only to provide health
care or other services the district is authorized to provide under
this chapter.
(c) The corporation may invest the corporation's money in
any manner in which the district may invest the district's money,
including investing money as authorized by Chapter 2256, Government
Code.
(d) The board shall establish controls to ensure that the
corporation uses its money as required by this section. (Acts 65th
Leg., R.S., Ch. 29, Sec. 6(m).)
Sec. 1088.117. AUTHORITY TO SUE AND BE SUED. The district,
through the board, may sue and be sued. (Acts 65th Leg., R.S., Ch.
29, Sec. 6(c) (part).)
[Sections 1088.118-1088.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1088.151. BUDGET. (a) The district administrator
shall prepare an annual budget for approval by the board.
(b) The proposed budget must contain a complete financial
statement of:
(1) the outstanding obligations of the district;
(2) the cash on hand in each district fund;
(3) the money received by the district from all
sources during the previous year;
(4) the money available to the district from all
sources during the ensuing year;
(5) the balances expected at the end of the year in
which the budget is being prepared;
(6) the estimated revenue and balances available to
cover the proposed budget;
(7) the estimated tax rate required; and
(8) the proposed expenditures and disbursements and
the estimated receipts and collections for the following fiscal
year. (Acts 65th Leg., R.S., Ch. 29, Sec. 7(c) (part).)
Sec. 1088.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual budget.
(b) At least 10 days before the date of the hearing, notice
of the hearing shall be published one time in a newspaper of general
circulation in the district.
(c) Any district resident is entitled to be present and
participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the district
administrator. The board may make any changes in the proposed
budget that the board judges to be in the interest of the taxpayers
and that the law warrants. (Acts 65th Leg., R.S., Ch. 29, Sec. 7(c)
(part).)
Sec. 1088.153. AMENDMENTS TO BUDGET. The budget may be
amended as required by circumstances. The board must approve all
amendments. (Acts 65th Leg., R.S., Ch. 29, Sec. 7(c) (part).)
Sec. 1088.154. RESTRICTION ON EXPENDITURES. Money may be
spent only for an expense included in the budget or an amendment to
the budget. (Acts 65th Leg., R.S., Ch. 29, Sec. 7(c) (part).)
Sec. 1088.155. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) during a period that revenue bonds of the district
are outstanding; or
(2) more than once in a 24-month period. (Acts 65th
Leg., R.S., Ch. 29, Sec. 7(a).)
Sec. 1088.156. ANNUAL AUDIT. The board annually shall have
an independent audit made of the district's books and records.
(Acts 65th Leg., R.S., Ch. 29, Sec. 7(b) (part).)
Sec. 1088.157. INSPECTION OF AUDIT AND DISTRICT RECORDS.
The annual audit and other district records shall be open to
inspection at the district's principal office. (Acts 65th Leg.,
R.S., Ch. 29, Sec. 7(b) (part).)
Sec. 1088.158. FINANCIAL REPORT. As soon as practicable
after the close of each fiscal year, the district administrator
shall prepare for the board:
(1) a complete sworn statement of all district money;
and
(2) a complete account of the disbursements of that
money. (Acts 65th Leg., R.S., Ch. 29, Sec. 7(d).)
Sec. 1088.159. DEPOSITORY. (a) The board shall select one
or more banks to serve as a depository for district money.
(b) District money, other than money invested as provided by
Section 1088.160(b) and money transmitted to a bank for payment of
bonds or obligations issued by the district, shall be deposited as
received with the depository bank and shall remain on deposit.
(c) This chapter, including Subsection (b), does not limit
the power of the board to place a part of district money on time
deposit or to purchase certificates of deposit.
(d) The district may not deposit money with a bank in an
amount that exceeds the maximum amount secured by the Federal
Deposit Insurance Corporation unless the bank first executes
treasury bonds in an amount sufficient to secure from loss the
district money that exceeds the amount secured by the Federal
Deposit Insurance Corporation. (Acts 65th Leg., R.S., Ch. 29, Sec.
12.)
Sec. 1088.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as otherwise provided by this chapter, the district may not
incur an obligation payable from district revenue other than the
revenue on hand or to be on hand in the current and following
district fiscal years.
(b) The board may invest operating, depreciation, or
building reserves only in funds or securities specified by Chapter
2256, Government Code. (Acts 65th Leg., R.S., Ch. 29, Secs. 6(a)
(part), 11 (part).)
[Sections 1088.161-1088.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1088.201. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligation bonds authorized by an election
in the name and on the faith and credit of the district to:
(1) purchase, construct, acquire, repair, or renovate
buildings or improvements;
(2) equip the buildings or improvements; and
(3) acquire sites to be used for district purposes.
(Acts 65th Leg., R.S., Ch. 29, Sec. 8(a) (part).)
Sec. 1088.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1088.201, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed 75
cents on each $100 valuation of taxable property in the district.
(Acts 65th Leg., R.S., Ch. 29, Sec. 8(a) (part).)
Sec. 1088.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters voting at an
election called for that purpose.
(b) The election shall be conducted in accordance with
Chapter 1251, Government Code. (Acts 65th Leg., R.S., Ch. 29, Sec.
8(a) (part).)
Sec. 1088.204. MATURITY OF GENERAL OBLIGATION BONDS.
District bonds must mature not later than 40 years after the date of
issuance. (Acts 65th Leg., R.S., Ch. 29, Sec. 8(d) (part).)
Sec. 1088.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
The board president shall execute the district's bonds in the
district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code. (Acts 65th Leg.,
R.S., Ch. 29, Sec. 8(d) (part).)
Sec. 1088.206. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) purchase, construct, acquire, repair, equip, or
renovate buildings or improvements for district purposes; or
(2) acquire sites for those buildings or improvements.
(b) The bonds must be payable from and secured by a pledge of
all or part of district revenue derived from the operation of the
district's hospital system.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner and in accordance
with the procedures and requirements prescribed by Sections
264.042, 264.043, 264.044, 264.046, 264.047, 264.048, and 264.049,
Health and Safety Code, for issuance of revenue bonds by a county
hospital authority. (Acts 65th Leg., R.S., Ch. 29, Sec. 9 (part).)
Sec. 1088.207. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued or assumed by the district;
(2) the transfer and issuance of the bonds; and
(3) profits made in the sale of the bonds. (Acts 65th
Leg., R.S., Ch. 29, Sec. 22 (part).)
[Sections 1088.208-1088.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1088.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The board shall impose the tax to:
(1) pay the indebtedness issued or assumed by the
district;
(2) provide for the operation and maintenance of the
district and hospital system;
(3) make improvements and additions to the hospital
system; and
(4) acquire necessary sites for those improvements and
additions by purchase, lease, or condemnation.
(c) The board may not impose a tax to pay the principal of or
interest on revenue bonds. (Acts 65th Leg., R.S., Ch. 29, Secs.
4(b) (part), 13(a) (part).)
Sec. 1088.252. TAX RATE. (a) The board may impose the tax
at a rate not to exceed 75 cents on each $100 valuation of taxable
property in the district.
(b) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 65th
Leg., R.S., Ch. 29, Secs. 4(b) (part), 13(a) (part), (b) (part).)
Sec. 1088.253. TAX ASSESSOR-COLLECTOR. The board may
provide for the appointment of a tax assessor-collector for the
district or may contract for the assessment and collection of taxes
as provided by the Tax Code. (Acts 65th Leg., R.S., Ch. 29, Sec. 16
(part).)
[Sections 1088.254-1088.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION
Sec. 1088.301. DISSOLUTION; ELECTION. (a) The district
may be dissolved only on approval of a majority of the district
voters voting in an election held for that purpose.
(b) The board may order an election on the question of
dissolving the district and disposing of the district's assets and
obligations.
(c) The board shall order an election if the board receives
a petition requesting an election that is signed by at least 15
percent of the registered voters of the district.
(d) The order calling the election must state:
(1) the nature of the election, including the
proposition to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(e) Section 41.001(a), Election Code, does not apply to an
election ordered under this section. (Acts 65th Leg., R.S., Ch. 29,
Secs. 18A(a), (b), (c) (part).)
Sec. 1088.302. NOTICE OF ELECTION. (a) The board shall
give notice of an election under this subchapter by publishing once
a week for two consecutive weeks a substantial copy of the election
order in a newspaper with general circulation in the district.
(b) The first publication of the notice must appear not
later than the 35th day before the date set for the election. (Acts
65th Leg., R.S., Ch. 29, Sec. 18A(d) (part).)
Sec. 1088.303. BALLOT. The ballot for an election under
this subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Reagan Hospital District of
Reagan County, Texas." (Acts 65th Leg., R.S., Ch. 29, Sec. 18A(d)
(part).)
Sec. 1088.304. ELECTION RESULTS. (a) If a majority of the
votes in an election under this subchapter favor dissolution, the
board shall find that the district is dissolved.
(b) If a majority of the votes in the election do not favor
dissolution, the board shall continue to administer the district
and another election on the question of dissolution may not be held
before the first anniversary of the date of the most recent election
to dissolve the district. (Acts 65th Leg., R.S., Ch. 29, Sec.
18A(e).)
Sec. 1088.305. TRANSFER, SALE, OR ADMINISTRATION OF ASSETS.
(a) If a majority of the votes in an election held under this
subchapter favor dissolution, the board shall:
(1) transfer the land, buildings, improvements,
equipment, and other assets that belong to the district to Reagan
County or to another governmental entity in Reagan County;
(2) sell the assets and liabilities to another person;
or
(3) administer the property, assets, and debts until
all money has been disposed of and all district debts have been paid
or settled.
(b) If the board makes the transfer under Subsection (a)(1),
the county or entity assumes all debts and obligations of the
district at the time of the transfer, and the district is dissolved.
(c) If the board does not make the transfer under Subsection
(a)(1), the board shall sell the assets and liabilities to another
person under Subsection (a)(2) or administer the property, assets,
and debts of the district under Subsection (a)(3), and the district
is dissolved when all money has been disposed of and all district
debts have been paid or settled. (Acts 65th Leg., R.S., Ch. 29,
Secs. 18A(f), (g), (m) (part).)
Sec. 1088.306. SALE OR TRANSFER OF ASSETS AND LIABILITIES.
(a) The dissolution of the district and the sale or transfer of the
district's assets and liabilities to another person may not
contravene a trust indenture or bond resolution relating to the
district's outstanding bonds. The dissolution and sale or transfer
does not diminish or impair the rights of a holder of an outstanding
bond, warrant, or other obligation of the district.
(b) The sale or transfer of the district's assets and
liabilities must satisfy the debt and bond obligations of the
district in a manner that protects the interests of district
residents, including the residents' collective property rights in
the district's assets.
(c) The district may not transfer or dispose of the
district's assets except for due compensation unless:
(1) the transfer is made to another governmental
entity that serves the district; and
(2) the transferred assets are to be used for the
benefit of the district's residents.
(d) A grant from federal funds is an obligation to be repaid
in satisfaction. (Acts 65th Leg., R.S., Ch. 29, Secs. 18A(m)
(part), (n).)
Sec. 1088.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
TAXES. (a) After the board finds that the district is dissolved,
the board shall:
(1) determine the debt owed by the district; and
(2) impose on the property included in the district's
tax rolls a tax that is in proportion of the debt to the property
value.
(b) On the payment of all outstanding debts and obligations
of the district, the board shall order the secretary to return to
each district taxpayer the taxpayer's pro rata share of all unused
tax money.
(c) A taxpayer may request that the taxpayer's share of
surplus tax money be credited to the taxpayer's county taxes. If a
taxpayer requests the credit, the board shall direct the secretary
to transmit the money to the county tax assessor-collector. (Acts
65th Leg., R.S., Ch. 29, Secs. 18A(h), (i), (j).)
Sec. 1088.308. REPORT; DISSOLUTION ORDER. (a) After the
district has paid all district debts and has disposed of all
district money and other assets as prescribed by this subchapter,
the board shall file a written report with the Commissioners Court
of Reagan County summarizing the board's actions in dissolving the
district.
(b) Not later than the 10th day after the date the
Commissioners Court of Reagan County receives the report and
determines that the requirements of this subchapter have been
fulfilled, the commissioners court shall enter an order dissolving
the district and releasing the board from any further duty or
obligation. (Acts 65th Leg., R.S., Ch. 29, Secs. 18A(k), (l).)
CHAPTER 1089. REEVES COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1089.001. DEFINITIONS
Sec. 1089.002. AUTHORITY FOR OPERATION
Sec. 1089.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1089.004. DISTRICT TERRITORY
Sec. 1089.005. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1089.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1089.007-1089.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1089.051. BOARD ELECTION; TERM
Sec. 1089.052. NOTICE OF ELECTION
Sec. 1089.053. QUALIFICATIONS FOR OFFICE
Sec. 1089.054. BOND; RECORD OF BOND
Sec. 1089.055. BOARD VACANCY
Sec. 1089.056. OFFICERS
Sec. 1089.057. COMPENSATION; EXPENSES
Sec. 1089.058. VOTING REQUIREMENT
Sec. 1089.059. DISTRICT ADMINISTRATOR
Sec. 1089.060. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1089.061. ASSISTANT DISTRICT ADMINISTRATOR;
ATTORNEY
Sec. 1089.062. APPOINTMENT OF STAFF AND EMPLOYEES
Sec. 1089.063. RETIREMENT BENEFITS
[Sections 1089.064-1089.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1089.101. DISTRICT RESPONSIBILITY
Sec. 1089.102. RESTRICTION ON COUNTY TAXATION AND DEBT
Sec. 1089.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1089.104. RULES
Sec. 1089.105. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1089.106. MOBILE EMERGENCY MEDICAL SERVICE
Sec. 1089.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1089.108. EMINENT DOMAIN
Sec. 1089.109. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 1089.110. GIFTS AND ENDOWMENTS
Sec. 1089.111. CONSTRUCTION CONTRACTS
Sec. 1089.112. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1089.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR SERVICES
Sec. 1089.114. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1089.115. REIMBURSEMENT FOR SERVICES
Sec. 1089.116. AUTHORITY TO SUE AND BE SUED
[Sections 1089.117-1089.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1089.151. BUDGET
Sec. 1089.152. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1089.153. AMENDMENT OF BUDGET
Sec. 1089.154. RESTRICTION ON EXPENDITURES
Sec. 1089.155. FISCAL YEAR
Sec. 1089.156. ANNUAL AUDIT
Sec. 1089.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS
Sec. 1089.158. FINANCIAL REPORT
Sec. 1089.159. DEPOSITORY
Sec. 1089.160. SPENDING AND INVESTMENT RESTRICTIONS
[Sections 1089.161-1089.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1089.201. GENERAL OBLIGATION BONDS
Sec. 1089.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1089.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1089.204. REVENUE BONDS
Sec. 1089.205. REFUNDING BONDS
Sec. 1089.206. MATURITY OF BONDS
Sec. 1089.207. EXECUTION OF BONDS
Sec. 1089.208. BONDS EXEMPT FROM TAXATION
[Sections 1089.209-1089.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1089.251. IMPOSITION OF AD VALOREM TAX
Sec. 1089.252. TAX RATE
Sec. 1089.253. CONTRACT FOR TAX ASSESSMENT AND
COLLECTION
CHAPTER 1089. REEVES COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1089.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Reeves County Hospital
District. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 1.01.)
Sec. 1089.002. AUTHORITY FOR OPERATION. The Reeves County
Hospital District operates and is financed as provided by Section
9, Article IX, Texas Constitution, and by this chapter. (Acts 70th
Leg., 2nd C.S., Ch. 11, Sec. 1.02.)
Sec. 1089.003. ESSENTIAL PUBLIC FUNCTION. The district is
a public entity performing an essential public function. (Acts
70th Leg., 2nd C.S., Ch. 11, Sec. 7.11 (part).)
Sec. 1089.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Reeves County.
(Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 1.03.)
Sec. 1089.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. This state may not become obligated for the support or
maintenance of the district. (Acts 70th Leg., 2nd C.S., Ch. 11,
Sec. 17.01 (part).)
Sec. 1089.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 17.01 (part).)
[Sections 1089.007-1089.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1089.051. BOARD ELECTION; TERM. (a) The district is
governed by a board of five directors.
(b) One director is elected from each commissioners
precinct and one director is elected from the district at large.
(c) Unless four-year terms are established under Section
285.081, Health and Safety Code:
(1) directors serve staggered two-year terms; and
(2) an election shall be held on the uniform election
date in May of each year to elect the appropriate number of
directors. (Acts 70th Leg., 2nd C.S., Ch. 11, Secs. 4.01(a),
4.03(a), (d).)
Sec. 1089.052. NOTICE OF ELECTION. At least 35 days before
the date of an election of directors, notice of the election shall
be published one time in a newspaper with general circulation in the
district. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 4.04.)
Sec. 1089.053. QUALIFICATIONS FOR OFFICE. (a) To be
eligible to be a candidate for or to serve as a director, a person
must be:
(1) a resident of the district; and
(2) a qualified voter.
(b) A person who is elected from a commissioners precinct or
who is appointed to fill a vacancy for a commissioners precinct must
be a resident of that commissioners precinct.
(c) A district employee may not serve as a director. (Acts
70th Leg., 2nd C.S., Ch. 11, Sec. 4.06.)
Sec. 1089.054. BOND; RECORD OF BOND. (a) Before assuming
the duties of office, each director must execute a bond for $5,000
that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director's duties.
(b) The board may pay for a director's bond with district
money.
(c) The bond shall be kept in the permanent records of the
district. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 4.07.)
Sec. 1089.055. BOARD VACANCY. If a vacancy occurs in the
office of director, the remaining directors shall appoint a
director for the unexpired term. (Acts 70th Leg., 2nd C.S., Ch. 11,
Sec. 4.08.)
Sec. 1089.056. OFFICERS. (a) The board shall elect a
president and a vice president from among its members.
(b) The board shall appoint a secretary, who need not be a
director.
(c) Each officer of the board serves for a term of one year.
(d) The board shall fill a vacancy in a board office for the
unexpired term. (Acts 70th Leg., 2nd C.S., Ch. 11, Secs. 4.09,
4.10.)
Sec. 1089.057. COMPENSATION; EXPENSES. A director or
officer serves without compensation but may be reimbursed for
actual expenses incurred in the performance of official duties.
The expenses must be:
(1) reported in the district's records; and
(2) approved by the board. (Acts 70th Leg., 2nd C.S.,
Ch. 11, Sec. 4.11.)
Sec. 1089.058. VOTING REQUIREMENT. A concurrence of a
majority of the directors voting is necessary in any matter
relating to district business. (Acts 70th Leg., 2nd C.S., Ch. 11,
Sec. 4.12.)
Sec. 1089.059. DISTRICT ADMINISTRATOR. (a) The board may
appoint a qualified person as district administrator.
(b) The district administrator serves at the will of the
board and is entitled to the compensation determined by the board.
(c) Before assuming the duties of district administrator,
the administrator must execute a bond in the amount determined by
the board of not less than $5,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
administrator's duties under this chapter.
(d) The board may pay for the bond with district money.
(Acts 70th Leg., 2nd C.S., Ch. 11, Secs. 4.13(a) (part), (b) (part),
(c) (part), (d).)
Sec. 1089.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the general affairs of the district. (Acts
70th Leg., 2nd C.S., Ch. 11, Sec. 4.16.)
Sec. 1089.061. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
(a) The board may appoint qualified persons as:
(1) the assistant district administrator; and
(2) the attorney for the district.
(b) The assistant district administrator and the attorney
for the district serve at the will of the board and are entitled to
the compensation determined by the board. (Acts 70th Leg., 2nd
C.S., Ch. 11, Secs. 4.13(a) (part), (b) (part), (c) (part).)
Sec. 1089.062. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
board may appoint to the staff any doctors the board considers
necessary for the efficient operation of the district and may make
temporary appointments as necessary.
(b) The district may employ technicians, nurses, fiscal
agents, accountants, architects, additional attorneys, and other
necessary employees.
(c) The board may delegate to the district administrator the
authority to employ persons for the district. (Acts 70th Leg., 2nd
C.S., Ch. 11, Secs. 4.14, 4.15.)
Sec. 1089.063. RETIREMENT BENEFITS. The board may provide
retirement benefits for district employees by:
(1) establishing or administering a retirement
program; or
(2) participating in:
(A) the Texas County and District Retirement
System; or
(B) another statewide retirement system in which
the district is eligible to participate. (Acts 70th Leg., 2nd C.S.,
Ch. 11, Sec. 4.17.)
[Sections 1089.064-1089.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1089.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for:
(1) operating hospital facilities; and
(2) providing medical and hospital care for the
district's needy inhabitants. (Acts 70th Leg., 2nd C.S., Ch. 11,
Sec. 5.02 (part).)
Sec. 1089.102. RESTRICTION ON COUNTY TAXATION AND DEBT.
Reeves County may not impose a tax or issue bonds or other
obligations for hospital purposes or to provide medical care for
district residents. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec.
5.01(b).)
Sec. 1089.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital system
and the district's money and resources. (Acts 70th Leg., 2nd C.S.,
Ch. 11, Sec. 5.03.)
Sec. 1089.104. RULES. The board may adopt rules governing:
(1) the operation of the hospital and hospital system;
and
(2) the duties, functions, and responsibilities of the
district staff and employees. (Acts 70th Leg., 2nd C.S., Ch. 11,
Sec. 5.04.)
Sec. 1089.105. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method of making purchases and expenditures by
and for the district; and
(2) accounting and control procedures for the
district. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 5.05.)
Sec. 1089.106. MOBILE EMERGENCY MEDICAL SERVICE. The
district may operate or provide for the operation of a mobile
emergency medical service. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec.
5.02 (part).)
Sec. 1089.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine:
(1) the type, number, and location of buildings
required to maintain an adequate hospital system; and
(2) the type of equipment necessary for hospital care.
(b) The board may:
(1) acquire property, including facilities and
equipment, for the district for use in the hospital system; and
(2) mortgage or pledge the property as security for
the payment of the purchase price.
(c) The board may lease hospital facilities for the
district.
(d) The board may sell or otherwise dispose of the property,
including facilities or equipment, for the district. (Acts 70th
Leg., 2nd C.S., Ch. 11, Sec. 5.06.)
Sec. 1089.108. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in property located in district territory if the
property interest is necessary for the district to exercise a right
or authority conferred by this chapter.
(b) The district may exercise the power of eminent domain in
the manner provided by Chapter 21, Property Code, except that the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 70th Leg., 2nd C.S., Ch.
11, Sec. 5.09.)
Sec. 1089.109. COST OF RELOCATING OR ALTERING PROPERTY. In
exercising the power of eminent domain, if the board requires
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of any railroad, highway, pipeline,
electric transmission and electric distribution, telegraph, or
telephone line, conduit, pole, or facility, the district must bear
the actual cost of relocating, raising, lowering, rerouting,
changing the grade, or altering the construction to provide
comparable replacement, without enhancement of facilities, after
deducting the net salvage value derived from the old facility.
(Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 5.10.)
Sec. 1089.110. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust for any
purpose and under any direction, limitation, or other provision
prescribed in writing by the donor that is consistent with the
proper management of the district. (Acts 70th Leg., 2nd C.S., Ch.
11, Sec. 5.14.)
Sec. 1089.111. CONSTRUCTION CONTRACTS. (a) The board may
enter into construction contracts for the district.
(b) The board may enter into a construction contract that
involves an expenditure of more than the amount prescribed by
Section 271.024, Local Government Code, only after competitive
bidding as provided by Subchapter B, Chapter 271, Local Government
Code. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 5.07(a).)
Sec. 1089.112. OPERATING AND MANAGEMENT CONTRACTS. The
board may enter into an operating or management contract relating
to a hospital facility for the district. (Acts 70th Leg., 2nd C.S.,
Ch. 11, Sec. 5.08.)
Sec. 1089.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
SERVICES. The board may contract with a political subdivision of
this state or with a state or federal agency for the district to:
(1) furnish a mobile emergency medical service; or
(2) provide for the investigatory or welfare needs of
district inhabitants. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec.
5.13.)
Sec. 1089.114. PAYMENT FOR TREATMENT; PROCEDURES. (a) The
district administrator may have an inquiry made into the financial
circumstances of:
(1) a person who resides in the district and is
admitted as a patient to a district facility; and
(2) a relative of the patient who is legally
responsible for the patient's support.
(b) To the extent that the patient or a relative of the
patient who is legally responsible for the patient's support cannot
pay for care and treatment provided by the district, the district
shall supply the care and treatment without charging the patient or
the patient's relative.
(c) On determining that the patient or a relative legally
responsible for the patient's support can pay for all or part of the
care and treatment provided by the district, the district
administrator shall report that determination to the board and the
board shall issue an order directing the patient or the relative to
pay the district a specified amount each week. The amount must be
based on the individual's ability to pay.
(d) The district administrator may collect the money owed to
the district from the patient's estate or from that of a relative
legally responsible for the patient's support in the manner
provided by law for collection of expenses in the last illness of a
deceased person.
(e) If there is a dispute relating to a person's ability to
pay or if the district administrator has any doubt concerning a
person's ability to pay, the board shall:
(1) call witnesses;
(2) hear and resolve the question; and
(3) issue a final order.
(f) The final order of the board may be appealed to a
district court in Reeves County. The substantial evidence rule
applies to the appeal. (Acts 70th Leg., 2nd C.S., Ch. 11, Secs.
5.11(b), (c), (d), (e), (f).)
Sec. 1089.115. REIMBURSEMENT FOR SERVICES. (a) The board
shall require a county, municipality, or public hospital located
outside the district to reimburse the district for the district's
care and treatment of a sick or injured person of that county,
municipality, or public hospital as provided by Chapter 61, Health
and Safety Code.
(b) The board shall require the sheriff of Reeves County to
reimburse the district for the district's care and treatment of a
person who is confined in a jail facility of Reeves County and is
not a district resident.
(c) On behalf of the district, the board may contract with
the state or federal government for that government to reimburse
the district for treatment of a sick or injured person. (Acts 70th
Leg., 2nd C.S., Ch. 11, Sec. 5.12.)
Sec. 1089.116. AUTHORITY TO SUE AND BE SUED. The board may
sue and be sued on behalf of the district. (Acts 70th Leg., 2nd
C.S., Ch. 11, Sec. 5.15.)
[Sections 1089.117-1089.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1089.151. BUDGET. (a) The district administrator
shall prepare a proposed annual budget for the district.
(b) The proposed budget must contain a complete financial
statement, including a statement of:
(1) the outstanding obligations of the district;
(2) the amount of cash on hand in each district fund;
(3) the amount of money received by the district from
all sources during the previous year;
(4) the amount of money available to the district from
all sources during the ensuing year;
(5) the amount of the balances expected at the end of
the year in which the budget is being prepared;
(6) the estimated amount of revenue and balances
available to cover the proposed budget; and
(7) the estimated tax rate required. (Acts 70th Leg.,
2nd C.S., Ch. 11, Sec. 6.04.)
Sec. 1089.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual budget.
(b) The board shall publish notice of the hearing in a
newspaper with general circulation in the district not later than
the 10th day before the date of the hearing.
(c) Any district resident is entitled to be present and
participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the district
administrator. The board may make any changes in the proposed
budget that the board judges to be in the interests of the
taxpayers.
(e) The budget is effective only after adoption by the
board. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 6.05.)
Sec. 1089.153. AMENDMENT OF BUDGET. After the annual
budget is adopted, the budget may be amended on the board's
approval. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 6.06.)
Sec. 1089.154. RESTRICTION ON EXPENDITURES. Money may be
spent only for an expense included in the budget or an amendment to
the budget. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 6.07.)
Sec. 1089.155. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) during a period that revenue bonds of the district
are outstanding; or
(2) more than once in a 24-month period. (Acts 70th
Leg., 2nd C.S., Ch. 11, Sec. 6.01.)
Sec. 1089.156. ANNUAL AUDIT. The board annually shall have
an audit made of the district's financial condition. (Acts 70th
Leg., 2nd C.S., Ch. 11, Sec. 6.02.)
Sec. 1089.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS. The annual audit and other district records shall be open
to inspection during regular business hours at the district's
principal office. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 6.03.)
Sec. 1089.158. FINANCIAL REPORT. As soon as practicable
after the close of the fiscal year, the district administrator
shall prepare for the board:
(1) a sworn statement of the amount of district money;
and
(2) an account of the disbursements of that money.
(Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 6.08.)
Sec. 1089.159. DEPOSITORY. (a) The board shall select at
least one bank to serve as a depository for district money.
(b) District money, other than money invested as provided by
Section 1089.160(b) and money transmitted to a bank for payment of
bonds or obligations issued or assumed by the district, shall be
deposited as received with the depository bank and must remain on
deposit. This subsection does not limit the power of the board to
place a part of district money on time deposit or to purchase
certificates of deposit.
(c) The district may not deposit money with a bank in an
amount that exceeds the maximum amount secured by the Federal
Deposit Insurance Corporation unless the bank first executes a bond
or other security in an amount sufficient to secure from loss the
district money that exceeds the amount secured by the Federal
Deposit Insurance Corporation. (Acts 70th Leg., 2nd C.S., Ch. 11,
Sec. 6.10.)
Sec. 1089.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as provided by Sections 1089.111, 1089.201, 1089.204, and
1089.205, the district may not incur a debt payable from district
revenue other than the revenue on hand or to be on hand in the
current and the immediately following district fiscal years.
(b) The board may invest operating, depreciation, or
building reserves only in funds or securities specified by Chapter
2256, Government Code. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec.
6.09.)
[Sections 1089.161-1089.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1089.201. GENERAL OBLIGATION BONDS. If authorized by
an election, the board may issue and sell general obligation bonds
in the name and on the faith and credit of the district to:
(1) purchase, construct, acquire, repair, or renovate
buildings or improvements;
(2) equip buildings or improvements for hospital
purposes; or
(3) acquire and operate a mobile emergency medical
service. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 7.01.)
Sec. 1089.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1089.201, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed the
limit approved by the voters at the election authorizing the
imposition of the tax. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec.
7.02.)
Sec. 1089.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters voting at an
election held for that purpose.
(b) The board may order a bond election.
(c) The order calling the election must specify:
(1) the nature and date of the election;
(2) the hours during which the polls will be open;
(3) the location of the polling places;
(4) the amount of the bonds to be authorized; and
(5) the maximum maturity of the bonds.
(d) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code.
(e) The board shall declare the results of the election.
(Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 7.03.)
Sec. 1089.204. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) purchase, construct, acquire, repair, renovate,
or equip buildings or improvements for hospital purposes;
(2) acquire sites to be used for hospital purposes; or
(3) acquire and operate a mobile emergency medical
service to assist the district in carrying out its hospital
purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospital system.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner provided by
Sections 264.042, 264.043, and 264.046-264.049, Health and Safety
Code, for issuance of revenue bonds by a county hospital authority.
(Acts 70th Leg., 2nd C.S., Ch. 11, Sec. 7.04.)
Sec. 1089.205. REFUNDING BONDS. (a) The board may issue
refunding bonds to refund an outstanding indebtedness issued or
assumed by the district.
(b) Refunding bonds may be:
(1) sold, with the proceeds of the refunding bonds
applied to the payment of the outstanding indebtedness; or
(2) exchanged wholly or partly for not less than a
similar principal amount of outstanding indebtedness. (Acts 70th
Leg., 2nd C.S., Ch. 11, Secs. 7.05(a), (c) (part).)
Sec. 1089.206. MATURITY OF BONDS. District bonds must
mature not later than 50 years after the date of issuance. (Acts
70th Leg., 2nd C.S., Ch. 11, Sec. 7.06 (part).)
Sec. 1089.207. EXECUTION OF BONDS. (a) The board president
shall execute district bonds in the district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code. (Acts 70th Leg.,
2nd C.S., Ch. 11, Sec. 7.07.)
Sec. 1089.208. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) any transaction relating to the bonds; and
(3) profits made in the sale of the bonds. (Acts 70th
Leg., 2nd C.S., Ch. 11, Sec. 7.11 (part).)
[Sections 1089.209-1089.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1089.251. IMPOSITION OF AD VALOREM TAX. (a) The board
may impose a tax on all property in the district subject to district
taxation.
(b) The tax may be used to pay:
(1) indebtedness issued or assumed by the district;
and
(2) the maintenance and operating expenses of the
district.
(c) The district may not impose a tax to pay the principal of
or interest on revenue bonds issued under this chapter. (Acts 70th
Leg., 2nd C.S., Ch. 11, Secs. 8.01(a) (part), (c), (d), 8.02(b).)
Sec. 1089.252. TAX RATE. (a) The board may impose the tax
at a rate not to exceed the limit approved by the voters at the
election authorizing the imposition of the tax.
(b) The tax rate for all purposes may not exceed 75 cents on
each $100 valuation of all taxable property in the district.
(c) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 70th
Leg., 2nd C.S., Ch. 11, Secs. 8.01(a) (part), (b), 8.03 (part).)
Sec. 1089.253. CONTRACT FOR TAX ASSESSMENT AND COLLECTION.
The board shall contract for the assessment and collection of taxes
as provided by the Tax Code. (Acts 70th Leg., 2nd C.S., Ch. 11, Sec.
8.04(b).)
CHAPTER 1090. REFUGIO COUNTY
MEMORIAL HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1090.001. DEFINITIONS
Sec. 1090.002. AUTHORITY FOR OPERATION
Sec. 1090.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1090.004. DISTRICT TERRITORY
Sec. 1090.005. CORRECTION OF INVALID PROCEDURES
Sec. 1090.006. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1090.007. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1090.008-1090.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1090.051. BOARD ELECTION; TERM
Sec. 1090.052. NOTICE OF ELECTION
Sec. 1090.053. QUALIFICATIONS FOR OFFICE
Sec. 1090.054. BOARD VACANCY
Sec. 1090.055. OFFICERS
Sec. 1090.056. COMPENSATION; EXPENSES
Sec. 1090.057. VOTING REQUIREMENT
Sec. 1090.058. INSURANCE FOR DIRECTORS AND OFFICERS
Sec. 1090.059. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR
Sec. 1090.060. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1090.061. APPOINTMENT AND RECRUITMENT OF STAFF
AND EMPLOYEES
Sec. 1090.062. HEALTH EDUCATION
Sec. 1090.063. RETIREMENT BENEFITS
[Sections 1090.064-1090.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1090.101. DISTRICT RESPONSIBILITY
Sec. 1090.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1090.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1090.104. HOSPITAL SYSTEM
Sec. 1090.105. RULES
Sec. 1090.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1090.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1090.108. EMINENT DOMAIN
Sec. 1090.109. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 1090.110. GIFTS AND ENDOWMENTS
Sec. 1090.111. CONSTRUCTION CONTRACTS
Sec. 1090.112. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1090.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR CARE AND TREATMENT
Sec. 1090.114. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR INVESTIGATORY OR OTHER SERVICES
Sec. 1090.115. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1090.116. AUTHORITY TO SUE AND BE SUED
[Sections 1090.117-1090.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1090.151. BUDGET
Sec. 1090.152. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1090.153. AMENDMENTS TO BUDGET
Sec. 1090.154. RESTRICTION ON EXPENDITURES
Sec. 1090.155. FISCAL YEAR
Sec. 1090.156. AUDIT
Sec. 1090.157. INSPECTION OF AUDIT AND DISTRICT
RECORDS
Sec. 1090.158. FINANCIAL REPORT
Sec. 1090.159. DEPOSITORY
Sec. 1090.160. SPENDING RESTRICTIONS
Sec. 1090.161. AUTHORITY TO BORROW MONEY; SECURITY
[Sections 1090.162-1090.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1090.201. GENERAL OBLIGATION BONDS
Sec. 1090.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1090.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1090.204. MATURITY OF GENERAL OBLIGATION BONDS
Sec. 1090.205. EXECUTION OF GENERAL OBLIGATION BONDS
Sec. 1090.206. REVENUE BONDS
Sec. 1090.207. REFUNDING BONDS
Sec. 1090.208. BONDS EXEMPT FROM TAXATION
[Sections 1090.209-1090.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1090.251. IMPOSITION OF AD VALOREM TAX
Sec. 1090.252. TAX RATE
Sec. 1090.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
ASSESSOR-COLLECTOR
Sec. 1090.254. ASSESSMENT AND COLLECTION BY DISTRICT
TAX ASSESSOR-COLLECTOR
[Sections 1090.255-1090.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION
Sec. 1090.301. DISSOLUTION; ELECTION
Sec. 1090.302. NOTICE OF ELECTION ON DISSOLUTION
Sec. 1090.303. BALLOT
Sec. 1090.304. ELECTION RESULTS
Sec. 1090.305. TRANSFER OF ASSETS AND LIABILITIES
CHAPTER 1090. REFUGIO COUNTY
MEMORIAL HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1090.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Refugio County Memorial
Hospital District. (New.)
Sec. 1090.002. AUTHORITY FOR OPERATION. The Refugio County
Memorial Hospital District operates and is administered and
financed in accordance with Section 9, Article IX, Texas
Constitution, and has the rights, powers, and duties provided by
this chapter. (Acts 65th Leg., R.S., Ch. 6, Sec. 1 (part).)
Sec. 1090.003. ESSENTIAL PUBLIC FUNCTION. The district
performs an essential public function in carrying out the purposes
of this chapter. (Acts 65th Leg., R.S., Ch. 6, Sec. 22 (part).)
Sec. 1090.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Refugio County.
(Acts 65th Leg., R.S., Ch. 6, Sec. 1 (part).)
Sec. 1090.005. CORRECTION OF INVALID PROCEDURES. If a
court holds that any procedure under this chapter violates the
constitution of this state or of the United States, the district by
resolution may provide an alternative procedure that conforms with
the constitution. (Acts 65th Leg., R.S., Ch. 6, Sec. 23 (part).)
Sec. 1090.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state. (Acts 65th
Leg., R.S., Ch. 6, Sec. 21 (part).)
Sec. 1090.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 65th Leg., R.S., Ch. 6, Sec. 21 (part).)
[Sections 1090.008-1090.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1090.051. BOARD ELECTION; TERM. (a) The board
consists of seven directors elected from the district at large by
place.
(b) Directors serve staggered two-year terms unless
four-year terms are established under Section 285.081, Health and
Safety Code. (Acts 65th Leg., R.S., Ch. 6, Sec. 4(c) (part).)
Sec. 1090.052. NOTICE OF ELECTION. At least 10 days before
the date of an election of directors, notice of the election shall
be published one time in a newspaper of general circulation in
Refugio County. (Acts 65th Leg., R.S., Ch. 6, Sec. 4(c) (part).)
Sec. 1090.053. QUALIFICATIONS FOR OFFICE. (a) A person may
not be elected or appointed as a director unless the person is:
(1) a resident of the district;
(2) a qualified voter; and
(3) a freeholder.
(b) A person is not eligible to serve as a director if the
person is:
(1) the district administrator; or
(2) a district employee. (Acts 65th Leg., R.S., Ch. 6,
Sec. 4(d).)
Sec. 1090.054. BOARD VACANCY. If a vacancy occurs in the
office of director, the remaining directors shall appoint a
director for the unexpired term. (Acts 65th Leg., R.S., Ch. 6, Sec.
4(c) (part).)
Sec. 1090.055. OFFICERS. (a) The board shall elect:
(1) a president and a vice president from among its
members; and
(2) a secretary, who need not be a director.
(b) Each officer of the board serves for a term of one year.
(c) The board shall fill a vacancy in a board office for the
unexpired term. (Acts 65th Leg., R.S., Ch. 6, Sec. 4(e) (part).)
Sec. 1090.056. COMPENSATION; EXPENSES. A director or
officer serves without compensation but may be reimbursed for
actual expenses incurred in the performance of official duties.
The expenses must be:
(1) reported in the district's records; and
(2) approved by the board. (Acts 65th Leg., R.S., Ch.
6, Sec. 4(e) (part).)
Sec. 1090.057. VOTING REQUIREMENT. A concurrence of four
directors is sufficient in any matter relating to district
business. (Acts 65th Leg., R.S., Ch. 6, Sec. 4(e) (part).)
Sec. 1090.058. INSURANCE FOR DIRECTORS AND OFFICERS.
Directors and officers may be included in the same insurance plan
provided to district employees. (Acts 65th Leg., R.S., Ch. 6, Sec.
4(e) (part).)
Sec. 1090.059. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR. (a) The board shall appoint a qualified person as
district administrator.
(b) The board may appoint an assistant administrator.
(c) The district administrator and any assistant
administrator serve at the will of the board and are entitled to the
compensation determined by the board.
(d) On assuming the duties of district administrator, the
administrator shall execute a bond payable to the district in an
amount set by the board of not less than $5,000 that:
(1) is conditioned on the administrator performing the
administrator's duties; and
(2) contains other conditions the board may require.
(Acts 65th Leg., R.S., Ch. 6, Sec. 5 (part).)
Sec. 1090.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 65th
Leg., R.S., Ch. 6, Sec. 5 (part).)
Sec. 1090.061. APPOINTMENT AND RECRUITMENT OF STAFF AND
EMPLOYEES. (a) The board may appoint to the medical staff any
physicians the board considers necessary and may make temporary
appointments as warranted.
(b) The district may employ fiscal agents, accountants,
architects, and attorneys the board considers proper.
(c) The board may delegate to the district administrator the
authority to hire district employees, including technicians and
nurses.
(d) The board may spend district money to recruit to the
hospital staff any physicians that are required to meet the medical
needs of district residents. (Acts 65th Leg., R.S., Ch. 6, Secs. 5
(part), 11(b) (part), 17.)
Sec. 1090.062. HEALTH EDUCATION. The board may use
district money to provide scholarships and student loans for the
education of county residents in health care-related fields. (Acts
65th Leg., R.S., Ch. 6, Sec. 11(b) (part).)
Sec. 1090.063. RETIREMENT BENEFITS. The board may provide
retirement benefits for district employees by:
(1) establishing or administering a retirement
program; or
(2) participating in:
(A) the Texas County and District Retirement
System; or
(B) another statewide retirement system in which
the district is eligible to participate. (Acts 65th Leg., R.S., Ch.
6, Sec. 6.)
[Sections 1090.064-1090.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1090.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for operating all hospital facilities for
providing medical and hospital care for the district's needy
inhabitants. (Acts 65th Leg., R.S., Ch. 6, Sec. 20(a) (part).)
Sec. 1090.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. Refugio County or any municipality or nonprofit
hospital in the district may not impose a tax or issue bonds or
other obligations for hospital purposes or to provide medical care.
(Acts 65th Leg., R.S., Ch. 6, Sec. 20(a) (part).)
Sec. 1090.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital system
and the district's money and resources. (Acts 65th Leg., R.S., Ch.
6, Sec. 5 (part).)
Sec. 1090.104. HOSPITAL SYSTEM. (a) The district shall
provide for the establishment and administration for hospital
purposes of a hospital system by:
(1) purchasing, constructing, acquiring by gift or
otherwise, repairing, or renovating buildings and equipment; and
(2) equipping the buildings.
(b) The hospital system may include:
(1) facilities for domiciliary care and treatment of
the sick, injured, or geriatric;
(2) outpatient clinics;
(3) dispensaries;
(4) convalescent home facilities;
(5) necessary nurses;
(6) domiciliaries and training centers;
(7) blood banks;
(8) community mental health centers;
(9) research centers or laboratories; and
(10) any other facilities the board considers
necessary for hospital care. (Acts 65th Leg., R.S., Ch. 6, Secs. 2
(part), 11(a) (part).)
Sec. 1090.105. RULES. The board may adopt rules governing
the operation of the hospital, the hospital system, and the
district's staff and employees. (Acts 65th Leg., R.S., Ch. 6, Sec.
5 (part).)
Sec. 1090.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures. (Acts 65th
Leg., R.S., Ch. 6, Sec. 11(b) (part).)
Sec. 1090.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine the type, number, and
location of buildings required to maintain an adequate hospital
system.
(b) The board may lease all or part of the district's
buildings and other facilities on terms considered to be in the best
interest of the district's inhabitants. The term of the lease may
not exceed 25 years.
(c) The district may acquire equipment for use in the
district's hospital system and mortgage or pledge the property as
security for the payment of the purchase price. A contract entered
into under this subsection must provide that the entire obligation
be retired not later than the fifth anniversary of the date of the
contract.
(d) The district may sell or otherwise dispose of any
property, including equipment, on terms the board finds are in the
best interest of the district's inhabitants. (Acts 65th Leg.,
R.S., Ch. 6, Secs. 11(a) (part), (b) (part).)
Sec. 1090.108. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property located in district
territory if the interest is necessary or convenient for the
district to exercise a power, right, or privilege conferred by this
chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 65th Leg., R.S., Ch. 6,
Sec. 15(a).)
Sec. 1090.109. COST OF RELOCATING OR ALTERING PROPERTY. In
exercising the power of eminent domain, if the board requires
relocating, raising, lowering, rerouting, changing the grade, or
altering the construction of any railroad, electric transmission,
telegraph or telephone line, conduit, pole, or facility, or
pipeline, the board must bear the actual cost of relocating,
raising, lowering, rerouting, changing the grade, or altering the
construction to provide comparable replacement without enhancement
of facilities, after deducting the net salvage value derived from
the old facility. (Acts 65th Leg., R.S., Ch. 6, Sec. 15(b).)
Sec. 1090.110. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 65th Leg., R.S., Ch. 6, Sec.
19.)
Sec. 1090.111. CONSTRUCTION CONTRACTS. A construction
contract that involves the expenditure of more than $10,000 may be
made only after advertising in the manner provided by Chapter 252
and Subchapter C, Chapter 262, Local Government Code. (Acts 65th
Leg., R.S., Ch. 6, Sec. 11(b) (part).)
Sec. 1090.112. OPERATING AND MANAGEMENT CONTRACTS. The
board may enter into an operating or management contract relating
to a district facility. (Acts 65th Leg., R.S., Ch. 6, Sec. 11(a)
(part).)
Sec. 1090.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
CARE AND TREATMENT. (a) The board may contract with a county or
municipality located outside the district's boundaries to
reimburse the district for the care and treatment of a sick or
injured person of that county or municipality.
(b) The board may contract with this state or a federal
agency for reimbursement for the treatment of a sick or injured
person. (Acts 65th Leg., R.S., Ch. 6, Sec. 5 (part).)
Sec. 1090.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
INVESTIGATORY OR OTHER SERVICES. The board may contract with a
political subdivision or governmental agency for the district to
provide investigatory or other services for the medical, hospital,
or welfare needs of district inhabitants. (Acts 65th Leg., R.S.,
Ch. 6, Sec. 5 (part).)
Sec. 1090.115. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a patient who resides in the district is admitted to a district
facility, the district administrator may have an inquiry made into
the circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives cannot pay all or part of the costs of
the care and treatment in the hospital, the amount of the costs that
cannot be paid becomes a charge against the district.
(c) If the district administrator determines that the
patient or those relatives can pay for all or part of the costs of
the patient's care and treatment, the patient or those relatives
shall be ordered to pay the district a specified amount each week
for the patient's care and support. The amount ordered must be
proportionate to the person's financial ability.
(d) The district administrator may collect the amount from
the patient's estate, or from any relative who is legally liable for
the patient's support, in the manner provided by law for the
collection of expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay, or doubt
in the mind of the district administrator, the board shall hold a
hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue any appropriate orders.
(f) A final order of the board may be appealed to the
district court. The substantial evidence rule applies to the
appeal. (Acts 65th Leg., R.S., Ch. 6, Sec. 18.)
Sec. 1090.116. AUTHORITY TO SUE AND BE SUED. The district,
through the board, may sue and be sued. (Acts 65th Leg., R.S., Ch.
6, Sec. 5 (part).)
[Sections 1090.117-1090.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1090.151. BUDGET. (a) The district administrator
shall prepare an annual budget for approval by the board.
(b) The proposed budget must contain a complete financial
statement of:
(1) the outstanding obligations of the district;
(2) the cash on hand in each district fund;
(3) the money received by the district from all
sources during the previous year;
(4) the money available to the district from all
sources during the ensuing year;
(5) the balances expected at the end of the year in
which the budget is being prepared;
(6) the estimated revenue and balances available to
cover the proposed budget; and
(7) the estimated tax rate required. (Acts 65th Leg.,
R.S., Ch. 6, Sec. 7 (part).)
Sec. 1090.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual budget.
(b) Notice of the hearing must be published one time at
least 10 days before the date of the hearing.
(c) Any district resident is entitled to be present and
participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the district
administrator. The board may make any changes in the proposed
budget that the board judges to be in the interests of the taxpayers
and that the law warrants. (Acts 65th Leg., R.S., Ch. 6, Sec. 7
(part).)
Sec. 1090.153. AMENDMENTS TO BUDGET. The budget may be
amended as required by circumstances. The board must approve all
amendments. (Acts 65th Leg., R.S., Ch. 6, Sec. 7 (part).)
Sec. 1090.154. RESTRICTION ON EXPENDITURES. Money may be
spent only for an expense included in the budget or an amendment to
the budget. (Acts 65th Leg., R.S., Ch. 6, Sec. 7 (part).)
Sec. 1090.155. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) during a period that revenue bonds of the district
are outstanding; or
(2) more than once in a 24-month period. (Acts 65th
Leg., R.S., Ch. 6, Sec. 7 (part).)
Sec. 1090.156. AUDIT. The board shall have an audit made of
the district's financial condition. (Acts 65th Leg., R.S., Ch. 6,
Sec. 7 (part).)
Sec. 1090.157. INSPECTION OF AUDIT AND DISTRICT RECORDS.
The audit and other district records shall be open to inspection at
the district's principal office. (Acts 65th Leg., R.S., Ch. 6, Sec.
7 (part).)
Sec. 1090.158. FINANCIAL REPORT. As soon as practicable
after the close of each fiscal year, the district administrator
shall prepare for the board:
(1) a complete sworn statement of all district money;
and
(2) a complete account of the disbursements of that
money. (Acts 65th Leg., R.S., Ch. 6, Sec. 7 (part).)
Sec. 1090.159. DEPOSITORY. (a) The board shall select one
or more financial institutions to serve as a depository for
district money.
(b) District money, other than money transmitted to a bank
for payment of bonds or obligations issued by the district, shall be
deposited as received with the depository bank and shall remain on
deposit.
(c) This chapter, including Subsection (b), does not limit
the power of the board to place a part of district money on time
deposit or to purchase certificates of deposit.
(d) The district may not deposit money with a bank in an
amount that exceeds the maximum amount secured by the Federal
Deposit Insurance Corporation unless the bank first executes a bond
or other security in an amount sufficient to secure from loss the
district money that exceeds the amount secured by the Federal
Deposit Insurance Corporation. (Acts 65th Leg., R.S., Ch. 6, Sec.
12.)
Sec. 1090.160. SPENDING RESTRICTIONS. Except as otherwise
provided by Section 1090.107(c) and by Subchapter E, the district
may not incur an obligation payable from district revenue other
than the revenue on hand or to be on hand in the current and
following district fiscal years. (Acts 65th Leg., R.S., Ch. 6, Sec.
11(b) (part).)
Sec. 1090.161. AUTHORITY TO BORROW MONEY; SECURITY. (a)
The board may borrow money at a rate of not more than 10 percent a
year on district notes to pay the obligations if the board declares
that money is not available to meet authorized district
obligations, which creates an emergency.
(b) To secure a loan, the board may pledge:
(1) district revenue that is not pledged to pay the
district's bonded indebtedness;
(2) a district tax to be imposed by the district in the
next 12-month period that is not pledged to pay the principal of or
interest on district bonds; or
(3) district bonds that have been authorized but not
sold.
(c) A loan for which taxes or bonds are pledged must mature
not later than the first anniversary of the date the loan is made. A
loan for which district revenue is pledged must mature not later
than the fifth anniversary of the date the loan is made.
(d) Money obtained from a loan under this section may be
spent only for:
(1) a purpose for which the board declared an
emergency; and
(2) the purposes for which the taxes were imposed or
the bonds were authorized, if district taxes or bonds are pledged to
pay the loan. (Acts 65th Leg., R.S., Ch. 6, Sec. 10A.)
[Sections 1090.162-1090.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1090.201. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligation bonds in the name and on the faith
and credit of the district for any purpose relating to:
(1) the purchase, construction, acquisition, repair,
or renovation of buildings or improvements; and
(2) equipping buildings or improvements for hospital
purposes. (Acts 65th Leg., R.S., Ch. 6, Sec. 8(a) (part).)
Sec. 1090.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1090.201, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed 75
cents on each $100 valuation of all taxable property in the
district. (Acts 65th Leg., R.S., Ch. 6, Sec. 8(a) (part).)
Sec. 1090.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters.
(b) The order calling the election shall provide for clerks
as in county elections and must specify:
(1) the date of the election;
(2) the location of the polling places;
(3) the presiding and alternate election judges for
each polling place;
(4) the amount of the bonds to be authorized; and
(5) the maximum maturity of the bonds.
(c) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code. (Acts 65th Leg., R.S., Ch. 6,
Sec. 8(a) (part).)
Sec. 1090.204. MATURITY OF GENERAL OBLIGATION BONDS.
District general obligation bonds must mature not later than 40
years after the date of issuance. (Acts 65th Leg., R.S., Ch. 6,
Sec. 8(c) (part).)
Sec. 1090.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
The board president shall execute the general obligation bonds in
the district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code. (Acts 65th Leg.,
R.S., Ch. 6, Sec. 8(c) (part).)
Sec. 1090.206. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) purchase, construct, acquire, repair, renovate,
or equip buildings or improvements for hospital purposes; or
(2) acquire sites to be used for hospital purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospitals.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner and in accordance
with the procedures and requirements prescribed by Sections
264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
and Safety Code, for issuance of revenue bonds by a county hospital
authority. (Acts 65th Leg., R.S., Ch. 6, Sec. 10 (part).)
Sec. 1090.207. REFUNDING BONDS. (a) The board may, without
an election, issue refunding bonds to refund outstanding
indebtedness issued by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bonds
applied to the payment of the outstanding indebtedness; or
(2) exchanged wholly or partly for not less than a
similar principal amount of outstanding indebtedness. (Acts 65th
Leg., R.S., Ch. 6, Secs. 8(a) (part), (b) (part), 10 (part).)
Sec. 1090.208. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) the transfer and issuance of the bonds; or
(3) profits made in the sale of the bonds. (Acts 65th
Leg., R.S., Ch. 6, Sec. 22 (part).)
[Sections 1090.209-1090.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1090.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The board shall impose the tax to pay:
(1) indebtedness issued by the district; and
(2) the maintenance and operating expenses of the
district.
(c) The board may not impose a tax to pay the principal of or
interest on revenue bonds issued under this chapter. (Acts 65th
Leg., R.S., Ch. 6, Secs. 13 (part), 16(a) (part).)
Sec. 1090.252. TAX RATE. (a) The board may impose the tax
at a rate not to exceed 75 cents on each $100 valuation of taxable
property in the district.
(b) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 65th
Leg., R.S., Ch. 6, Secs. 3(b) (part), 13 (part).)
Sec. 1090.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
ASSESSOR-COLLECTOR. (a) This section applies unless the board
elects to have taxes assessed and collected under Section 1090.254.
(b) The tax assessor-collector of Refugio County shall
assess and collect taxes imposed by the district. (Acts 65th Leg.,
R.S., Ch. 6, Secs. 16(a) (part), (b) (part).)
Sec. 1090.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes
assessed and collected by a tax assessor-collector appointed by the
board. An election under this subsection must be made by December 1
and governs the manner in which taxes are assessed and collected,
until changed by a similar resolution.
(b) The district tax assessor-collector must:
(1) reside in the district; and
(2) own real property subject to district taxation.
(c) The board shall set for the district tax
assessor-collector:
(1) the term of employment; and
(2) compensation. (Acts 65th Leg., R.S., Ch. 6, Secs.
16(a) (part), (c) (part).)
[Sections 1090.255-1090.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION
Sec. 1090.301. DISSOLUTION; ELECTION. (a) The district
may be dissolved as provided by this subchapter.
(b) The district may be dissolved and the district's assets
or facilities may be acquired by Refugio County only on approval of
a majority of district voters who vote on the question of the
district's dissolution and transfer of assets and facilities at an
election.
(c) The board shall order the election if the board receives
a petition calling for submission of the question that is signed by
at least 15 percent of the district's registered voters. Each voter
signing the petition must write next to the voter's name the date of
the voter's signature.
(d) The petition must be filed within 45 days of the
earliest date on which a voter signed the petition.
(e) The board shall order the question of the district's
dissolution submitted at the first directors' election held after
the date the board receives a petition under Subsection (d) that
occurs after the time required by Section 3.005, Election Code.
(Acts 65th Leg., R.S., Ch. 6, Secs. 26(a), (c) (part).)
Sec. 1090.302. NOTICE OF ELECTION ON DISSOLUTION. Notice
of a directors' election at which the question of the district's
dissolution will be submitted to the voters must include notice
that the question of dissolution and the transfer of hospital
facilities to and the assumption of debts and bond obligations by
Refugio County will be submitted at the election. (Acts 65th Leg.,
R.S., Ch. 6, Sec. 26(c) (part).)
Sec. 1090.303. BALLOT. Beneath the names of the candidates
for director of the district, the ballot for an election under this
subchapter must provide for voting for or against the following
proposition: "The dissolution of the Refugio County Memorial
Hospital District and the transfer of the existing hospital
facilities to and the assumption of the debts and bond obligations
by Refugio County." (Acts 65th Leg., R.S., Ch. 6, Sec. 26(d).)
Sec. 1090.304. ELECTION RESULTS. (a) If a majority of the
votes in an election under this subchapter favor dissolution, the
board shall find that the proposition was approved and shall
declare the district dissolved.
(b) If a majority of the votes in the election do not favor
dissolution, the board shall find that the proposition was not
approved and shall declare that the district will continue to
operate. Another election on the question of dissolution may not be
held within 48 months after the anniversary of the date of any
preceding election held for the same purpose. (Acts 65th Leg.,
R.S., Ch. 6, Secs. 26(e) (part), (f).)
Sec. 1090.305. TRANSFER OF ASSETS AND LIABILITIES. If the
proposition for the dissolution of the district and the transfer of
the existing hospital facilities to and the assumption of the debts
and bond obligations by Refugio County is approved as provided by
this subchapter:
(1) the land, buildings, improvements, and equipment
that are part of the hospital or hospital system owned by the
district shall be transferred to Refugio County;
(2) any debts and bond obligations of the district
shall be assumed by Refugio County; and
(3) the Refugio County Commissioners Court shall
provide for:
(A) establishing and administering a hospital
system by purchasing, constructing, acquiring by gift or otherwise,
repairing, or renovating buildings and equipment; and
(B) equipping the hospital system. (Acts 65th
Leg., R.S., Ch. 6, Sec. 26(b).)
CHAPTER 1091. RICE HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1091.001. DEFINITIONS
Sec. 1091.002. AUTHORITY FOR OPERATION
Sec. 1091.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1091.004. DISTRICT TERRITORY
Sec. 1091.005. DISTRICT SUPPORT OR MAINTENANCE NOT
STATE OBLIGATION
Sec. 1091.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1091.007-1091.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1091.051. BOARD ELECTION; TERM
Sec. 1091.052. NOTICE OF ELECTION
Sec. 1091.053. BALLOT PETITION
Sec. 1091.054. QUALIFICATIONS FOR OFFICE
Sec. 1091.055. BOND; RECORD OF BOND
Sec. 1091.056. BOARD VACANCY
Sec. 1091.057. OFFICERS
Sec. 1091.058. COMPENSATION; EXPENSES
Sec. 1091.059. VOTING REQUIREMENT
Sec. 1091.060. DISTRICT ADMINISTRATOR
Sec. 1091.061. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1091.062. ASSISTANT DISTRICT ADMINISTRATOR;
ATTORNEY
Sec. 1091.063. APPOINTMENT AND RECRUITMENT OF STAFF
AND EMPLOYEES
Sec. 1091.064. RETIREMENT BENEFITS
[Sections 1091.065-1091.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1091.101. DISTRICT RESPONSIBILITY
Sec. 1091.102. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1091.103. RULES
Sec. 1091.104. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1091.105. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1091.106. EMINENT DOMAIN
Sec. 1091.107. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 1091.108. GIFTS AND ENDOWMENTS
Sec. 1091.109. CONSTRUCTION CONTRACTS
Sec. 1091.110. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1091.111. CONTRACTS FOR SERVICES
Sec. 1091.112. PROVISION OF CERTAIN HEALTH SERVICES
Sec. 1091.113. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1091.114. REIMBURSEMENT FOR SERVICES
Sec. 1091.115. AUTHORITY TO SUE AND BE SUED
[Sections 1091.116-1091.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1091.151. BUDGET
Sec. 1091.152. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1091.153. AMENDMENTS TO BUDGET
Sec. 1091.154. FISCAL YEAR
Sec. 1091.155. ANNUAL AUDIT
Sec. 1091.156. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS
Sec. 1091.157. FINANCIAL REPORT
Sec. 1091.158. SHORT-TERM FINANCING
Sec. 1091.159. DEPOSITORY
Sec. 1091.160. SPENDING AND INVESTMENT RESTRICTIONS
[Sections 1091.161-1091.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1091.201. GENERAL OBLIGATION BONDS
Sec. 1091.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1091.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1091.204. REVENUE BONDS
Sec. 1091.205. REFUNDING BONDS
Sec. 1091.206. MATURITY OF BONDS
Sec. 1091.207. EXECUTION OF BONDS
Sec. 1091.208. BONDS EXEMPT FROM TAXATION
[Sections 1091.209-1091.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1091.251. IMPOSITION OF AD VALOREM TAX
Sec. 1091.252. TAX RATE
Sec. 1091.253. TAX ASSESSOR-COLLECTOR
[Sections 1091.254-1091.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION
Sec. 1091.301. DISSOLUTION; ELECTION
Sec. 1091.302. NOTICE OF ELECTION
Sec. 1091.303. BALLOT
Sec. 1091.304. ELECTION RESULTS
Sec. 1091.305. SALE OR TRANSFER OF ASSETS AND
LIABILITIES
CHAPTER 1091. RICE HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1091.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Rice Hospital District.
(Acts 71st Leg., R.S., Ch. 199, Sec. 1.01.)
Sec. 1091.002. AUTHORITY FOR OPERATION. The Rice Hospital
District operates and is financed as provided by Section 9, Article
IX, Texas Constitution, and by this chapter. (Acts 71st Leg., R.S.,
Ch. 199, Sec. 1.02.)
Sec. 1091.003. ESSENTIAL PUBLIC FUNCTION. The district is
a public entity performing an essential public function. (Acts
71st Leg., R.S., Ch. 199, Sec. 7.11 (part).)
Sec. 1091.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Rice Consolidated
Independent School District of Colorado County, Texas, as those
boundaries existed on May 26, 1989. (Acts 71st Leg., R.S., Ch. 199,
Sec. 1.03.)
Sec. 1091.005. DISTRICT SUPPORT OR MAINTENANCE NOT STATE
OBLIGATION. The state may not become obligated for the support or
maintenance of the district. (Acts 71st Leg., R.S., Ch. 199, Sec.
10.01 (part).)
Sec. 1091.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 71st Leg., R.S., Ch. 199, Sec. 10.01 (part).)
[Sections 1091.007-1091.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1091.051. BOARD ELECTION; TERM. (a) The district is
governed by a board of nine directors elected from the district at
large.
(b) Unless four-year terms are established under Section
285.081, Health and Safety Code:
(1) directors serve staggered two-year terms; and
(2) an election shall be held on the uniform election
date in May of each year to elect the appropriate number of
directors. (Acts 71st Leg., R.S., Ch. 199, Secs. 4.01(a), 4.03(a),
(c) (part).)
Sec. 1091.052. NOTICE OF ELECTION. At least 35 days before
the date of an election of directors, notice of the election shall
be published one time in a newspaper with general circulation in the
district. (Acts 71st Leg., R.S., Ch. 199, Sec. 4.04.)
Sec. 1091.053. BALLOT PETITION. A person seeking to have
the person's name printed on the ballot as a candidate for director
must file with the board secretary a petition requesting that
action. The petition must be:
(1) signed by at least 10 registered voters of the
district as determined by the most recent official list of
registered voters; and
(2) filed not later than the 31st day before the date
of the election. (Acts 71st Leg., R.S., Ch. 199, Sec. 4.05.)
Sec. 1091.054. QUALIFICATIONS FOR OFFICE. (a) To be
eligible to be a candidate for or to serve as a director, a person
must be:
(1) a resident of the district; and
(2) a qualified voter.
(b) A district employee may not serve as a director. (Acts
71st Leg., R.S., Ch. 199, Sec. 4.06.)
Sec. 1091.055. BOND; RECORD OF BOND. (a) Before assuming
the duties of office, each director must execute a bond for $5,000
that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director's duties.
(b) The board may pay for directors' bonds with district
money.
(c) Each director's bond shall be kept in the district's
permanent records. (Acts 71st Leg., R.S., Ch. 199, Sec. 4.07.)
Sec. 1091.056. BOARD VACANCY. If a vacancy occurs in the
office of director, the remaining directors shall appoint a
director for the unexpired term. (Acts 71st Leg., R.S., Ch. 199,
Sec. 4.08.)
Sec. 1091.057. OFFICERS. (a) The board shall elect a
president and a vice president from among its members.
(b) The board shall appoint a secretary, who need not be a
director.
(c) Each officer of the board serves for a term of one year.
(d) The board shall fill a vacancy in a board office for the
unexpired term. (Acts 71st Leg., R.S., Ch. 199, Secs. 4.09, 4.10.)
Sec. 1091.058. COMPENSATION; EXPENSES. A director or
officer serves without compensation but may be reimbursed for
actual expenses incurred in the performance of official duties.
The expenses must be:
(1) reported in the district's records; and
(2) approved by the board. (Acts 71st Leg., R.S., Ch.
199, Sec. 4.11.)
Sec. 1091.059. VOTING REQUIREMENT. A concurrence of a
majority of the directors voting is necessary in any matter
relating to district business. (Acts 71st Leg., R.S., Ch. 199, Sec.
4.12.)
Sec. 1091.060. DISTRICT ADMINISTRATOR. (a) The board may
appoint a qualified person as district administrator.
(b) The district administrator serves at the will of the
board and is entitled to compensation as determined by the board.
(c) Before assuming the duties of district administrator,
the administrator must execute a bond in an amount determined by the
board of not less than $5,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
administrator's duties under this chapter.
(d) The board may pay for the bond with district money.
(Acts 71st Leg., R.S., Ch. 199, Secs. 4.13(a) (part), (b) (part),
(c) (part), (d).)
Sec. 1091.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the general affairs of the district. (Acts
71st Leg., R.S., Ch. 199, Sec. 4.16.)
Sec. 1091.062. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
(a) The board may appoint qualified persons as:
(1) the assistant district administrator; and
(2) the attorney for the district.
(b) The assistant district administrator and the attorney
for the district serve at the will of the board and are entitled to
compensation as determined by the board. (Acts 71st Leg., R.S., Ch.
199, Secs. 4.13(a) (part), (b) (part), (c) (part).)
Sec. 1091.063. APPOINTMENT AND RECRUITMENT OF STAFF AND
EMPLOYEES. (a) The board may:
(1) appoint to the staff any doctors whose appointment
the board considers necessary for the efficient operation of the
district;
(2) make temporary appointments as the board considers
necessary; and
(3) after due process remove from the medical staff
any doctor whose removal the board considers necessary for the
efficient operation of the district.
(b) The district may employ technicians, nurses, fiscal
agents, accountants, architects, additional attorneys, and other
necessary employees.
(c) The board may delegate to the district administrator the
authority to employ persons for the district.
(d) Except as prohibited by applicable law, the board may
spend money to recruit physicians, nurses, and other personnel.
(Acts 71st Leg., R.S., Ch. 199, Secs. 4.14, 4.15, 5.04(c).)
Sec. 1091.064. RETIREMENT BENEFITS. The board may provide
retirement benefits for district employees by:
(1) establishing or administering a retirement
program; or
(2) participating in:
(A) the Texas County and District Retirement
System; or
(B) another statewide retirement system in which
the district is eligible to participate. (Acts 71st Leg., R.S., Ch.
199, Sec. 4.17.)
[Sections 1091.065-1091.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1091.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for:
(1) operating hospital facilities; and
(2) providing medical and hospital care for the
district's needy inhabitants. (Acts 71st Leg., R.S., Ch. 199, Sec.
5.01 (part).)
Sec. 1091.102. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital system
and the money and resources of the district. (Acts 71st Leg., R.S.,
Ch. 199, Sec. 5.02.)
Sec. 1091.103. RULES. The board may adopt rules governing:
(1) the operation of the hospital and hospital system;
and
(2) the duties, functions, and responsibilities of
district staff and employees. (Acts 71st Leg., R.S., Ch. 199, Sec.
5.03.)
Sec. 1091.104. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method of making purchases and expenditures by
and for the district; and
(2) accounting and control procedures for the
district. (Acts 71st Leg., R.S., Ch. 199, Secs. 5.04(a), (b).)
Sec. 1091.105. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine:
(1) the type, number, and location of buildings
required to maintain an adequate hospital system; and
(2) the type of equipment necessary for hospital care.
(b) The board may:
(1) acquire property, including facilities and
equipment, for the district for use in the hospital system; and
(2) mortgage or pledge the property as security for
payment of the purchase price.
(c) The board may lease hospital facilities for the
district.
(d) The board may sell or otherwise dispose of property,
including facilities or equipment, for the district. (Acts 71st
Leg., R.S., Ch. 199, Sec. 5.05.)
Sec. 1091.106. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in property located in district territory if the
interest is necessary for the district to exercise a right or
authority conferred by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 71st Leg., R.S., Ch. 199,
Sec. 5.08.)
Sec. 1091.107. COST OF RELOCATING OR ALTERING PROPERTY. In
exercising the power of eminent domain, if the board requires
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of any railroad, highway, pipeline, or
electric transmission and electric distribution, telegraph, or
telephone line, conduit, pole, or facility, the district must bear
the actual cost of relocating, raising, lowering, rerouting,
changing the grade, or altering the construction to provide
comparable replacement, without enhancement of facilities, after
deducting the net salvage value derived from the old facility.
(Acts 71st Leg., R.S., Ch. 199, Sec. 5.09.)
Sec. 1091.108. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust for any
purpose and under any direction, limitation, or other provision
prescribed in writing by the donor that is consistent with the
proper management of the district. (Acts 71st Leg., R.S., Ch. 199,
Sec. 5.13.)
Sec. 1091.109. CONSTRUCTION CONTRACTS. (a) The board may
enter into construction contracts for the district.
(b) The board may enter into a construction contract that
involves the expenditure of more than the amount provided by
Section 271.024, Local Government Code, only after competitive
bidding as provided by Subchapter B, Chapter 271, Local Government
Code. (Acts 71st Leg., R.S., Ch. 199, Sec. 5.06(a).)
Sec. 1091.110. OPERATING AND MANAGEMENT CONTRACTS. The
board may enter into an operating or management contract for the
district relating to a hospital facility. (Acts 71st Leg., R.S.,
Ch. 199, Sec. 5.07.)
Sec. 1091.111. CONTRACTS FOR SERVICES. (a) The board may
contract with a public or private hospital, a political subdivision
of this state, or a state or federal agency for the district to
provide a mobile emergency medical service or other health care
services needed to provide for the investigatory or welfare needs
of district inhabitants.
(b) The board may contract with any person to receive or
supply the services the board considers necessary for the effective
operation of the district. (Acts 71st Leg., R.S., Ch. 199, Sec.
5.12.)
Sec. 1091.112. PROVISION OF CERTAIN HEALTH SERVICES. The
district may:
(1) operate or provide for the operation of a mobile
emergency medical service; and
(2) operate or provide for home health services,
long-term care, skilled nursing care, intermediate nursing care,
hospice care, or any other reasonable or appropriate medical care
or medical services. (Acts 71st Leg., R.S., Ch. 199, Sec. 5.01
(part).)
Sec. 1091.113. PAYMENT FOR TREATMENT; PROCEDURES. (a) If
an individual who resides in the district is admitted as a patient
to a district facility, the district administrator may have an
inquiry made into the financial circumstances of:
(1) the patient; and
(2) a relative of the patient who is legally
responsible for the patient's support.
(b) To the extent that the patient or a relative of the
patient who is legally responsible for the patient's support cannot
pay for care and treatment provided by the district, the district
shall supply the care and treatment without charging the patient or
the patient's relative.
(c) On determining that the patient or a relative legally
responsible for the patient's support can pay for all or part of the
care and treatment provided by the district, the district
administrator shall report that determination to the board, and the
board shall issue an order directing the patient or the relative to
pay the district a specified amount each week. The amount must be
based on the individual's ability to pay.
(d) The district administrator may collect money owed to the
district from the patient's estate or from that of a relative
legally responsible for the patient's support in the manner
provided by law for the collection of expenses in the last illness
of a deceased person.
(e) If there is a dispute relating to an individual's
ability to pay or if the district administrator has any doubt
concerning an individual's ability to pay, the board shall:
(1) call witnesses;
(2) hear and resolve the question; and
(3) issue a final order.
(f) A final order of the board may be appealed only to a
district court in Colorado County. The substantial evidence rule
applies to the appeal. (Acts 71st Leg., R.S., Ch. 199, Secs.
5.10(b), (c), (d), (e), (f).)
Sec. 1091.114. REIMBURSEMENT FOR SERVICES. (a) The board
shall require a county, municipality, or public hospital located
outside the district to reimburse the district for the district's
care and treatment of a sick or injured person of that county,
municipality, or public hospital, as provided by Chapter 61, Health
and Safety Code.
(b) The board shall require the sheriff of Colorado County
or the police chief of the City of Eagle Lake, as applicable, to
reimburse the district for the district's care and treatment of a
person who is confined in a jail facility of Colorado County or the
City of Eagle Lake and is not a district resident.
(c) The board may contract with the state or federal
government for that government to reimburse the district for
treatment of a sick or injured person. (Acts 71st Leg., R.S., Ch.
199, Sec. 5.11.)
Sec. 1091.115. AUTHORITY TO SUE AND BE SUED. The board may
sue and be sued on behalf of the district. (Acts 71st Leg., R.S.,
Ch. 199, Sec. 5.14.)
[Sections 1091.116-1091.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1091.151. BUDGET. (a) The district administrator
shall prepare a proposed annual budget for the district.
(b) The proposed budget must contain a complete financial
statement, including a statement of:
(1) the outstanding obligations of the district;
(2) the amount of cash on hand to the credit of each
district fund;
(3) the amount of money received by the district from
all sources during the previous year;
(4) the amount of money available to the district from
all sources during the ensuing year;
(5) the amount of the balances expected at the end of
the year in which the budget is being prepared;
(6) the estimated amount of revenue and balances
available to cover the proposed budget; and
(7) the estimated tax rate to be required. (Acts 71st
Leg., R.S., Ch. 199, Sec. 6.04.)
Sec. 1091.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual budget.
(b) Not later than the 10th day before the date of the
hearing the board shall publish notice of the hearing in a newspaper
of general circulation in the district.
(c) Any district resident is entitled to be present and
participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the district
administrator. The board may make any changes in the proposed
budget that the board judges to be in the interests of the
taxpayers.
(e) The budget is effective only after adoption by the
board. (Acts 71st Leg., R.S., Ch. 199, Sec. 6.05.)
Sec. 1091.153. AMENDMENTS TO BUDGET. After the annual
budget is adopted, the budget may be amended on the board's
approval. (Acts 71st Leg., R.S., Ch. 199, Sec. 6.06.)
Sec. 1091.154. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) during a period that revenue bonds of the district
are outstanding; or
(2) more than once in a 24-month period. (Acts 71st
Leg., R.S., Ch. 199, Sec. 6.01.)
Sec. 1091.155. ANNUAL AUDIT. The board annually shall have
an audit made of the district's financial condition. (Acts 71st
Leg., R.S., Ch. 199, Sec. 6.02.)
Sec. 1091.156. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS. The annual audit and other district records are open to
inspection during regular business hours at the district's
principal office. (Acts 71st Leg., R.S., Ch. 199, Sec. 6.03.)
Sec. 1091.157. FINANCIAL REPORT. As soon as practicable
after the close of the fiscal year, the district administrator
shall prepare for the board:
(1) a sworn statement of the amount of district money;
and
(2) an account of the disbursements of that money.
(Acts 71st Leg., R.S., Ch. 199, Sec. 6.08.)
Sec. 1091.158. SHORT-TERM FINANCING. The district may
borrow money through short-term financing. (Acts 71st Leg., R.S.,
Ch. 199, Sec. 6.07.)
Sec. 1091.159. DEPOSITORY. (a) The board shall select at
least one bank to serve as a depository for district money.
(b) District money, other than money invested as provided by
Section 1091.160(b) and money transmitted to a bank for payment of
bonds or obligations issued or assumed by the district, shall be
deposited as received with the depository bank and must remain on
deposit. This subsection does not limit the power of the board to
place a part of district money on time deposit or to purchase
certificates of deposit.
(c) The district may not deposit money with a bank in an
amount that exceeds the maximum amount secured by the Federal
Deposit Insurance Corporation unless the bank first executes a bond
or other security in an amount sufficient to secure from loss the
district money that exceeds the amount secured by the Federal
Deposit Insurance Corporation. (Acts 71st Leg., R.S., Ch. 199,
Sec. 6.10.)
Sec. 1091.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as provided by Sections 1091.109, 1091.201, 1091.204, and
1091.205, the district may not incur a debt payable from district
revenue other than the revenue on hand or to be on hand in the
current fiscal year and the immediately following fiscal year of
the district.
(b) The board may invest operating, depreciation, or
building reserves only in funds or securities specified by Chapter
2256, Government Code. (Acts 71st Leg., R.S., Ch. 199, Sec. 6.09.)
[Sections 1091.161-1091.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1091.201. GENERAL OBLIGATION BONDS. If authorized by
an election, the board may issue and sell general obligation bonds
in the name and on the faith and credit of the district to:
(1) purchase, construct, acquire, repair, or renovate
buildings or improvements;
(2) equip buildings or improvements for hospital
purposes; or
(3) acquire and operate a mobile emergency medical
service. (Acts 71st Leg., R.S., Ch. 199, Sec. 7.01.)
Sec. 1091.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1091.201, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed the
limit approved by the voters at the election authorizing the
imposition of the tax. (Acts 71st Leg., R.S., Ch. 199, Sec. 7.02.)
Sec. 1091.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters voting at an
election held for that purpose.
(b) The board may order a bond election. The order calling
the election must specify:
(1) the nature and date of the election;
(2) the hours during which the polls will be open;
(3) the location of the polling places;
(4) the amount of the bonds to be authorized; and
(5) the maximum maturity of the bonds.
(c) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code.
(d) The board shall declare the results of the election.
(Acts 71st Leg., R.S., Ch. 199, Sec. 7.03.)
Sec. 1091.204. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) purchase, construct, acquire, repair, equip, or
renovate buildings or improvements for hospital purposes;
(2) acquire sites to be used for hospital purposes; or
(3) acquire and operate a mobile emergency medical
service to assist the district in carrying out its hospital
purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospital system.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner provided by
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
Health and Safety Code, for issuance of revenue bonds by a county
hospital authority. (Acts 71st Leg., R.S., Ch. 199, Sec. 7.04.)
Sec. 1091.205. REFUNDING BONDS. (a) The board may issue
refunding bonds to refund outstanding indebtedness issued or
assumed by the district.
(b) Refunding bonds may be:
(1) sold, with the proceeds of the refunding bonds
applied to the payment of the outstanding indebtedness; or
(2) exchanged wholly or partly for not less than a
similar principal amount of outstanding indebtedness. (Acts 71st
Leg., R.S., Ch. 199, Secs. 7.05(a), (c) (part).)
Sec. 1091.206. MATURITY OF BONDS. District bonds must
mature not later than 50 years after the date of issuance. (Acts
71st Leg., R.S., Ch. 199, Sec. 7.06 (part).)
Sec. 1091.207. EXECUTION OF BONDS. (a) The board president
shall execute the district's bonds in the district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code. (Acts 71st Leg.,
R.S., Ch. 199, Sec. 7.07.)
Sec. 1091.208. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) any transaction relating to the bonds; and
(3) profits made in the sale of the bonds. (Acts 71st
Leg., R.S., Ch. 199, Sec. 7.11 (part).)
[Sections 1091.209-1091.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1091.251. IMPOSITION OF AD VALOREM TAX. (a) The board
may impose a tax on all property in the district subject to district
taxation.
(b) The tax may be used to pay:
(1) indebtedness issued or assumed by the district;
and
(2) the maintenance and operating expenses of the
district. (Acts 71st Leg., R.S., Ch. 199, Secs. 8.01(a) (part),
(c), 8.02(b).)
Sec. 1091.252. TAX RATE. (a) The board may impose the tax
at a rate not to exceed the limit approved by the voters at the
election authorizing the imposition of the tax.
(b) The tax rate for all purposes may not exceed 75 cents on
each $100 valuation of all taxable property in the district.
(c) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 71st
Leg., R.S., Ch. 199, Secs. 8.01(a) (part), (b), 8.03 (part).)
Sec. 1091.253. TAX ASSESSOR-COLLECTOR. The board may
provide for the appointment of a tax assessor-collector for the
district or may contract for the assessment and collection of taxes
as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 199, Sec.
8.04(b).)
[Sections 1091.254-1091.300 reserved for expansion]
SUBCHAPTER G. DISSOLUTION
Sec. 1091.301. DISSOLUTION; ELECTION. (a) The district
may be dissolved and the district's assets and liabilities sold or
transferred to another person only on approval of a majority of the
district voters voting in an election held for that purpose.
(b) A majority of the directors of the district may order an
election on the question of dissolution of the district and the
transfer of the district's assets and liabilities.
(c) The board shall order an election under this section if
the board receives a petition requesting an election that is signed
by at least 300 registered district voters according to the most
recent official list of registered voters. The board shall call the
election not later than the 60th day after the date the petition is
presented to the district.
(d) An order calling an election under this section must
state:
(1) the nature of the election, including the
proposition to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(e) Section 41.001(a), Election Code, does not apply to an
election ordered under this section. (Acts 71st Leg., R.S., Ch.
199, Secs. 9.01, 9.02, 9.03, 9.05(b).)
Sec. 1091.302. NOTICE OF ELECTION. (a) The board shall
give notice of an election under this subchapter by publishing once
a week for two consecutive weeks a substantial copy of the election
order in a newspaper with general circulation in the district.
(b) The first publication of the notice must appear at least
35 days before the date set for the election. (Acts 71st Leg.,
R.S., Ch. 199, Sec. 9.04.)
Sec. 1091.303. BALLOT. The ballot for an election under
this subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Rice Hospital District and
the sale or transfer of its assets and liabilities in the following
manner: ____________ (insert provisions for transfer)." (Acts
71st Leg., R.S., Ch. 199, Sec. 9.06.)
Sec. 1091.304. ELECTION RESULTS. (a) If the board finds
that the election results favor the proposition to dissolve the
district, the board shall:
(1) issue an order declaring the district dissolved;
and
(2) proceed with the sale or transfer of the district's
assets and liabilities according to the plan proposed on the
ballot.
(b) If the board finds that the election results do not
favor the proposition to dissolve the district, another dissolution
election may not be held before the first anniversary of the date of
the election in which the voters disapproved the proposition.
(Acts 71st Leg., R.S., Ch. 199, Secs. 9.07(b), (c).)
Sec. 1091.305. SALE OR TRANSFER OF ASSETS AND LIABILITIES.
(a) Notwithstanding any other provision of this subchapter, the
district may not be dissolved unless the board provides for the sale
or transfer of the district's assets and liabilities to another
person.
(b) The dissolution of the district and the sale or transfer
of the district's assets or liabilities may not:
(1) contravene a trust indenture or bond resolution
relating to the district's outstanding bonds; or
(2) diminish or impair the rights of a holder of an
outstanding bond, warrant, or other obligation of the district.
(c) The sale or transfer of the district's assets and
liabilities must satisfy the debt and bond obligations of the
district in a manner that protects the interests of district
citizens, including the citizens' collective property rights in the
district's assets.
(d) The district may transfer or sell the district's assets
only for due compensation, unless the transfer is made to another
governmental agency embracing the district and using the
transferred assets for the benefit of the citizens formerly in the
district.
(e) A grant from federal funds is an obligation to be repaid
in satisfaction. (Acts 71st Leg., R.S., Ch. 199, Sec. 9.08.)
CHAPTER 1092. SABINE COUNTY HOSPITAL DISTRICT OF SABINE COUNTY,
TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1092.001. DEFINITIONS
Sec. 1092.002. AUTHORITY FOR CREATION
Sec. 1092.003. DISTRICT TERRITORY
Sec. 1092.004. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1092.005. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1092.006-1092.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1092.051. BOARD ELECTION; TERM
Sec. 1092.052. QUALIFICATIONS FOR OFFICE
Sec. 1092.053. BOND; RECORD OF BOND AND OATH OR
AFFIRMATION OF OFFICE
Sec. 1092.054. BOARD VACANCY
Sec. 1092.055. OFFICERS
Sec. 1092.056. COMPENSATION; EXPENSES
Sec. 1092.057. DISTRICT ADMINISTRATOR
Sec. 1092.058. EMPLOYEES
Sec. 1092.059. MAINTENANCE OF RECORDS; PUBLIC
INSPECTION
[Sections 1092.060-1092.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1092.101. DISTRICT RESPONSIBILITY
Sec. 1092.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1092.103. MANAGEMENT AND CONTROL OF DISTRICT
Sec. 1092.104. HOSPITAL SYSTEM
Sec. 1092.105. RULES
Sec. 1092.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1092.107. EMINENT DOMAIN
Sec. 1092.108. GIFTS AND ENDOWMENTS
Sec. 1092.109. CONTRACTS FOR HOSPITAL AND MEDICAL CARE
Sec. 1092.110. PAYMENT FOR TREATMENT; PROCEDURES
[Sections 1092.111-1092.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1092.151. BUDGET
Sec. 1092.152. PROPOSED BUDGET: NOTICE AND HEARING
Sec. 1092.153. FISCAL YEAR
Sec. 1092.154. ANNUAL AUDIT
Sec. 1092.155. DEPOSITORY
[Sections 1092.156-1092.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1092.201. BONDS
Sec. 1092.202. TAX TO PAY BONDS
Sec. 1092.203. BOND ELECTION
Sec. 1092.204. MATURITY OF BONDS
Sec. 1092.205. EXECUTION OF BONDS
[Sections 1092.206-1092.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1092.251. IMPOSITION OF AD VALOREM TAX
Sec. 1092.252. TAX RATE
Sec. 1092.253. TAX ASSESSOR-COLLECTOR
CHAPTER 1092. SABINE COUNTY HOSPITAL DISTRICT OF SABINE COUNTY,
TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1092.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Sabine County Hospital
District of Sabine County, Texas. (New.)
Sec. 1092.002. AUTHORITY FOR CREATION. The Sabine County
Hospital District of Sabine County, Texas, is created under the
authority of Section 9, Article IX, Texas Constitution. (Acts 64th
Leg., R.S., Ch. 565, Sec. 1.)
Sec. 1092.003. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Sabine County,
Texas. (Acts 64th Leg., R.S., Ch. 565, Sec. 2.)
Sec. 1092.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district's hospital
system and any indebtedness incurred by the district under this
chapter may not become a charge against or obligation of this state.
(Acts 64th Leg., R.S., Ch. 565, Sec. 18 (part).)
Sec. 1092.005. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 64th Leg., R.S., Ch. 565, Sec. 18 (part).)
[Sections 1092.006-1092.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1092.051. BOARD ELECTION; TERM. (a) The board
consists of five directors.
(b) One director is elected from each county commissioners
precinct and one director is elected from the district at large.
(c) Unless four-year terms are established under Section
285.081, Health and Safety Code:
(1) directors serve staggered two-year terms;
(2) a directors' election shall be held each year to
elect the appropriate number of directors; and
(3) the terms of directors elected from county
commissioners precincts one and three expire in even-numbered years
and the terms of directors elected from county commissioners
precincts two and four and from the district at large expire in
odd-numbered years. (Acts 64th Leg., R.S., Ch. 565, Secs. 5(a),
(e), (f) (part), (g).)
Sec. 1092.052. QUALIFICATIONS FOR OFFICE. To qualify for
election to the board, a person must:
(1) be at least 21 years of age;
(2) have been a resident of the district for at least
two years;
(3) have been a resident of the county commissioners
precinct for at least six months if the person seeks to represent a
county commissioners precinct position; and
(4) be a qualified voter of the district. (Acts 64th
Leg., R.S., Ch. 565, Sec. 5(b).)
Sec. 1092.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION
OF OFFICE. (a) Each director shall qualify for office by executing
a good and sufficient commercial bond for $1,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director's duties.
(b) The district shall pay for a director's bond.
(c) Each director's bond and constitutional oath or
affirmation of office shall be deposited with the district's
depository for safekeeping. (Acts 64th Leg., R.S., Ch. 565, Sec.
6(a).)
Sec. 1092.054. BOARD VACANCY. If a vacancy occurs in the
office of director, a majority of the directors shall appoint a
director for the unexpired term. (Acts 64th Leg., R.S., Ch. 565,
Sec. 5(h).)
Sec. 1092.055. OFFICERS. The board shall elect from among
its members a president, a secretary, and a treasurer at the first
board meeting held after a directors' election. (Acts 64th Leg.,
R.S., Ch. 565, Sec. 6(b).)
Sec. 1092.056. COMPENSATION; EXPENSES. A director serves
without compensation but is entitled to reimbursement for necessary
expenses incurred in the performance of official duties. (Acts
64th Leg., R.S., Ch. 565, Sec. 6(c).)
Sec. 1092.057. DISTRICT ADMINISTRATOR. (a) The board may
employ a district administrator to manage the operations of the
hospital system.
(b) The district administrator may employ necessary
personnel to perform the services provided by the hospital system.
(Acts 64th Leg., R.S., Ch. 565, Sec. 12(e) (part).)
Sec. 1092.058. EMPLOYEES. The board may employ an
attorney, a general manager, a bookkeeper, an architect, and other
employees necessary for the efficient operation of the district.
(Acts 64th Leg., R.S., Ch. 565, Sec. 12(e) (part).)
Sec. 1092.059. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
The board shall:
(1) maintain all district records, including books,
accounts, notices, minutes, and other matters of the district and
its operations, at the district office; and
(2) make those records available for public inspection
at reasonable times. (Acts 64th Leg., R.S., Ch. 565, Sec. 12(b).)
[Sections 1092.060-1092.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1092.101. DISTRICT RESPONSIBILITY. The district shall
provide all necessary hospital and medical care for the district's
needy inhabitants. (Acts 64th Leg., R.S., Ch. 565, Sec. 3 (part).)
Sec. 1092.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision of this state, other
than the district, may not impose a tax or issue bonds or other
obligations to provide hospital service or medical care in the
district. (Acts 64th Leg., R.S., Ch. 565, Sec. 3 (part).)
Sec. 1092.103. MANAGEMENT AND CONTROL OF DISTRICT. The
board has full power to manage and control the district. (Acts 64th
Leg., R.S., Ch. 565, Sec. 12(a) (part).)
Sec. 1092.104. HOSPITAL SYSTEM. The district has the
responsibility to establish a hospital or hospital system within
its boundaries to provide hospital and medical care to the
district's residents. (Acts 64th Leg., R.S., Ch. 565, Sec. 3
(part).)
Sec. 1092.105. RULES. (a) The board shall adopt rules for
the efficient operation of the district, including district
facilities.
(b) The board shall:
(1) publish the rules in book form; and
(2) provide copies to interested persons on request at
district expense. (Acts 64th Leg., R.S., Ch. 565, Sec. 12(c).)
Sec. 1092.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe the method of making purchases and expenditures
and the manner of accounting and control used by the district.
(Acts 64th Leg., R.S., Ch. 565, Sec. 12(e) (part).)
Sec. 1092.107. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in real, personal, or mixed property located in
district territory if the interest is necessary or convenient for
the district to exercise a power or duty conferred on the district
by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding, the district is not
required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court; or
(2) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 64th Leg., R.S., Ch. 565,
Sec. 15.)
Sec. 1092.108. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board under the directions, limitations, or
other provisions prescribed in writing by the donor that are not
inconsistent with the proper management of the district. (Acts
64th Leg., R.S., Ch. 565, Sec. 12(f).)
Sec. 1092.109. CONTRACTS FOR HOSPITAL AND MEDICAL CARE.
The board may contract with another political subdivision to
provide hospital and medical care for needy persons who reside
outside the district. (Acts 64th Leg., R.S., Ch. 565, Sec. 12(g).)
Sec. 1092.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) A
person who resides in the district is entitled to receive necessary
medical and hospital care regardless of whether the person has the
ability to pay for the care and may apply to receive this care
without cost.
(b) The board or the district administrator shall employ a
person to investigate the ability of the patient and any relative
who is liable for the patient's support to pay for the medical and
hospital care received by the patient.
(c) If the investigator determines that the patient or
relative legally liable for the patient's support cannot pay all or
part of the costs of the patient's care, the expense of the care
becomes a charge against the district.
(d) If the patient or a relative legally liable for the
patient's support can pay for all or part of the costs of the
patient's care, the board shall order the patient or relative to pay
the treasurer each week an amount specified in the order, which must
be proportionate to the person's ability to pay.
(e) The district may collect the amount from the patient's
estate, or from any relative who is liable for the patient's
support, in the manner provided by law for the collection of
expenses of the last illness of a deceased person.
(f) If there is a dispute as to the ability to pay, or doubt
in the mind of the investigator, the board shall hold a hearing and,
after calling witnesses, shall:
(1) determine the question; and
(2) make the proper order based on the board's
findings.
(g) A party to the hearing who is not satisfied with the
result of the order may appeal to the district court. The appeal is
de novo. (Acts 64th Leg., R.S., Ch. 565, Sec. 14.)
[Sections 1092.111-1092.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1092.151. BUDGET. The board shall prepare a budget
that includes:
(1) proposed expenditures and disbursements;
(2) estimated receipts and collections for the next
fiscal year; and
(3) the amount of taxes required to be imposed to meet
the proposed budget. (Acts 64th Leg., R.S., Ch. 565, Sec. 13(b).)
Sec. 1092.152. PROPOSED BUDGET: NOTICE AND HEARING. (a)
The board shall hold a public hearing on the proposed budget.
(b) Notice of the hearing must be published at least once in
a newspaper of general circulation in the district not later than
the 11th day before the date of the hearing.
(c) Any person who owns taxable property in the district and
has duly rendered that property for taxation is entitled to:
(1) appear at the hearing; and
(2) be heard regarding any item in the proposed
budget. (Acts 64th Leg., R.S., Ch. 565, Secs. 13(c), (d).)
Sec. 1092.153. FISCAL YEAR. The district's fiscal year is
from January 1 to December 31. (Acts 64th Leg., R.S., Ch. 565, Sec.
13(a).)
Sec. 1092.154. ANNUAL AUDIT. (a) The board annually shall
require an independent audit of the district's books and records.
(b) Not later than December 1 of each year, the board shall
file a copy of the audit with:
(1) the comptroller; and
(2) the district. (Acts 64th Leg., R.S., Ch. 565, Sec.
12(d).)
Sec. 1092.155. DEPOSITORY. (a) The board by resolution
shall designate a bank in Sabine County as the district's
depository. A designated bank serves for two years and until a
successor is designated.
(b) All district money shall be deposited in the depository
and secured in the manner provided for securing county funds. (Acts
64th Leg., R.S., Ch. 565, Sec. 16.)
[Sections 1092.156-1092.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1092.201. BONDS. The district may issue bonds to:
(1) purchase, construct, acquire, repair, or renovate
buildings and improvements; and
(2) equip buildings for hospital purposes. (Acts 64th
Leg., R.S., Ch. 565, Secs. 9(a) (part), 10(a) (part).)
Sec. 1092.202. TAX TO PAY BONDS. The board may issue bonds
under Section 1092.201 only if the board imposes an ad valorem tax
at a rate sufficient to create an interest and sinking fund to pay
the principal of and interest on the bonds as the bonds mature.
(Acts 64th Leg., R.S., Ch. 565, Sec. 10(c).)
Sec. 1092.203. BOND ELECTION. (a) The board may issue
bonds under Section 1092.201 only if the bonds are authorized by a
majority of qualified voters voting in an election held for that
purpose. The total face value of the bonds may not exceed the
amount specified in the election order.
(b) The board may order a bond election at any time.
(c) The order calling the election must include:
(1) the time of the election;
(2) the location of the polling places;
(3) the form of the ballots;
(4) the presiding judge for each polling place;
(5) the purpose of the bond issuance;
(6) the amount of the bonds to be authorized;
(7) the maximum interest rate of the bonds; and
(8) the maximum maturity date of the bonds.
(d) A substantial copy of the election order shall be
published in a newspaper of general circulation in the district
once a week for two consecutive weeks before the date of the
election. The first notice must be published not later than the
15th day before the date of the election.
(e) A copy of the election results must be filed with the
county clerk and become a public record. (Acts 64th Leg., R.S., Ch.
565, Secs. 4(b), (c), (d) (part), 9(a) (part), (b), (d), 10(a)
(part).)
Sec. 1092.204. MATURITY OF BONDS. District bonds must
mature not later than 40 years after the date of issuance. (Acts
64th Leg., R.S., Ch. 565, Sec. 9(c).)
Sec. 1092.205. EXECUTION OF BONDS. (a) The board president
shall execute the district's bonds in the district's name.
(b) The board secretary shall countersign the bonds. (Acts
64th Leg., R.S., Ch. 565, Sec. 10(b) (part).)
[Sections 1092.206-1092.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1092.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The tax may be used only to:
(1) pay the interest on and create a sinking fund for
bonds issued under this chapter;
(2) provide for the operation and maintenance of the
district and hospital system;
(3) make improvements and additions to the hospital
system; or
(4) acquire sites for additions to the hospital
system. (Acts 64th Leg., R.S., Ch. 565, Secs. 8(a) (part), (c).)
Sec. 1092.252. TAX RATE. The board may impose the tax at a
rate not to exceed 75 cents on each $100 valuation. (Acts 64th
Leg., R.S., Ch. 565, Sec. 8(a) (part).)
Sec. 1092.253. TAX ASSESSOR-COLLECTOR. The Sabine County
tax assessor-collector shall collect taxes for the district. (Acts
64th Leg., R.S., Ch. 565, Sec. 8(d) (part).)
CHAPTER 1093. SAN AUGUSTINE CITY-COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1093.001. DEFINITIONS
Sec. 1093.002. AUTHORITY FOR OPERATION
Sec. 1093.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1093.004. DISTRICT TERRITORY
Sec. 1093.005. CORRECTION OF INVALID PROCEDURES
Sec. 1093.006. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1093.007. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1093.008-1093.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1093.051. BOARD APPOINTMENT; TERM
Sec. 1093.052. QUALIFICATIONS FOR OFFICE
Sec. 1093.053. BOND
Sec. 1093.054. BOARD VACANCY
Sec. 1093.055. OFFICERS
Sec. 1093.056. COMPENSATION; EXPENSES
Sec. 1093.057. VOTING REQUIREMENT
Sec. 1093.058. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR
Sec. 1093.059. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1093.060. APPOINTMENT AND DISMISSAL OF STAFF AND
EMPLOYEES
Sec. 1093.061. SENIORITY; RETIREMENT BENEFITS
[Sections 1093.062-1093.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1093.101. DISTRICT RESPONSIBILITY
Sec. 1093.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1093.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1093.104. HOSPITAL SYSTEM
Sec. 1093.105. RULES
Sec. 1093.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1093.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1093.108. EMINENT DOMAIN
Sec. 1093.109. GIFTS AND ENDOWMENTS
Sec. 1093.110. CONSTRUCTION OR PURCHASE CONTRACTS
Sec. 1093.111. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1093.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR CARE AND TREATMENT
Sec. 1093.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR INVESTIGATORY OR OTHER SERVICES
Sec. 1093.114. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1093.115. AUTHORITY TO SUE AND BE SUED
[Sections 1093.116-1093.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1093.151. BUDGET
Sec. 1093.152. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1093.153. AMENDMENTS TO BUDGET
Sec. 1093.154. RESTRICTION ON EXPENDITURES
Sec. 1093.155. FISCAL YEAR
Sec. 1093.156. AUDIT
Sec. 1093.157. INSPECTION OF AUDIT AND DISTRICT
RECORDS
Sec. 1093.158. FINANCIAL REPORT
Sec. 1093.159. DEPOSITORY
Sec. 1093.160. SPENDING AND INVESTMENT RESTRICTIONS
[Sections 1093.161-1093.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1093.201. GENERAL OBLIGATION BONDS
Sec. 1093.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1093.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1093.204. MATURITY OF GENERAL OBLIGATION BONDS
Sec. 1093.205. EXECUTION OF GENERAL OBLIGATION BONDS
Sec. 1093.206. REVENUE BONDS
Sec. 1093.207. REFUNDING BONDS
Sec. 1093.208. BONDS EXEMPT FROM TAXATION
[Sections 1093.209-1093.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1093.251. IMPOSITION OF AD VALOREM TAX
Sec. 1093.252. TAX RATE
Sec. 1093.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
ASSESSOR-COLLECTOR
Sec. 1093.254. ASSESSMENT AND COLLECTION BY DISTRICT
TAX ASSESSOR-COLLECTOR
CHAPTER 1093. SAN AUGUSTINE CITY-COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1093.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the San Augustine City-County
Hospital District. (New.)
Sec. 1093.002. AUTHORITY FOR OPERATION. The San Augustine
City-County Hospital District operates in accordance with and has
the rights, powers, and duties provided by Section 9, Article IX,
Texas Constitution, and by this chapter. (Acts 62nd Leg., R.S., Ch.
5, Sec. 1 (part).)
Sec. 1093.003. ESSENTIAL PUBLIC FUNCTION. The district
performs an essential public function in carrying out the purposes
of this chapter. (Acts 62nd Leg., R.S., Ch. 5, Sec. 21 (part).)
Sec. 1093.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of San Augustine
County, Texas. (Acts 62nd Leg., R.S., Ch. 5, Sec. 1 (part).)
Sec. 1093.005. CORRECTION OF INVALID PROCEDURES. If a
court holds that any procedure under this chapter violates the
constitution of this state or of the United States, the district by
resolution may provide an alternative procedure that conforms with
the constitution. (Acts 62nd Leg., R.S., Ch. 5, Sec. 22 (part).)
Sec. 1093.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state. (Acts 62nd
Leg., R.S., Ch. 5, Sec. 20 (part).)
Sec. 1093.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for
construction, maintenance, or improvement of a district facility.
(Acts 62nd Leg., R.S., Ch. 5, Sec. 20 (part).)
[Sections 1093.008-1093.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1093.051. BOARD APPOINTMENT; TERM. (a) The board
consists of seven directors appointed as follows:
(1) three directors appointed by the governing body of
the City of San Augustine;
(2) three directors appointed by the Commissioners
Court of San Augustine County; and
(3) one director jointly appointed by the City of San
Augustine and the Commissioners Court of San Augustine County.
(b) Directors serve staggered two-year terms. (Acts 62nd
Leg., R.S., Ch. 5, Sec. 3(d) (part).)
Sec. 1093.052. QUALIFICATIONS FOR OFFICE. (a) A person may
not be appointed as a director unless the person is:
(1) a resident of the district;
(2) a freeholder; and
(3) a qualified voter.
(b) A person is not eligible to serve as a director if the
person is:
(1) the district administrator;
(2) a district employee; or
(3) a member of the hospital staff. (Acts 62nd Leg.,
R.S., Ch. 5, Sec. 3(e).)
Sec. 1093.053. BOND. (a) Each director shall execute a
good and sufficient bond for $1,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director's duties.
(b) The district shall pay for the directors' bonds. (Acts
62nd Leg., R.S., Ch. 5, Sec. 3(d) (part).)
Sec. 1093.054. BOARD VACANCY. If a director resigns or
dies, the body that appointed the resigning or deceased director
shall fill the vacancy for the unexpired term. (Acts 62nd Leg.,
R.S., Ch. 5, Sec. 3(d) (part).)
Sec. 1093.055. OFFICERS. (a) The board shall elect:
(1) a president and a vice president from among its
members; and
(2) a secretary, who need not be a director.
(b) Each officer of the board serves for a term of one year.
(c) The board shall fill a vacancy in a board office for the
unexpired term. (Acts 62nd Leg., R.S., Ch. 5, Sec. 3(f) (part).)
Sec. 1093.056. COMPENSATION; EXPENSES. A director or
officer serves without compensation but may be reimbursed for
actual expenses incurred in the performance of official duties.
The expenses must be:
(1) reported in the district's records; and
(2) approved by the board. (Acts 62nd Leg., R.S., Ch.
5, Sec. 3(f) (part).)
Sec. 1093.057. VOTING REQUIREMENT. A concurrence of four
directors is sufficient in any matter relating to district
business. (Acts 62nd Leg., R.S., Ch. 5, Sec. 3(f) (part).)
Sec. 1093.058. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR. (a) The board may appoint a qualified person as a
district administrator.
(b) The board may appoint one or more assistant
administrators.
(c) The district administrator and any assistant
administrator serve at the will of the board and are entitled to the
compensation determined by the board.
(d) On assuming the duties of district administrator, the
administrator shall execute a bond payable to the district in an
amount set by the board of not less than $5,000 that:
(1) is conditioned on the administrator performing the
administrator's duties; and
(2) contains other conditions the board may require.
(Acts 62nd Leg., R.S., Ch. 5, Sec. 5 (part).)
Sec. 1093.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 62nd
Leg., R.S., Ch. 5, Sec. 5 (part).)
Sec. 1093.060. APPOINTMENT AND DISMISSAL OF STAFF AND
EMPLOYEES. (a) The board may appoint to or dismiss from the staff
any doctors the board considers necessary for the efficient
operation of the district and may make temporary appointments as
warranted.
(b) The district may employ fiscal agents, accountants,
architects, and attorneys the board considers proper.
(c) The board may delegate to the district administrator the
authority to hire district employees, including technicians and
nurses. (Acts 62nd Leg., R.S., Ch. 5, Secs. 5 (part), 16.)
Sec. 1093.061. SENIORITY; RETIREMENT BENEFITS. The board
may:
(1) adopt rules related to the seniority of district
employees, including rules for a retirement plan based on
seniority; and
(2) give effect to previous years of service for
district employees continuously employed in the operation or
management of hospital facilities:
(A) constructed by the district; or
(B) acquired by the district, including
facilities acquired when the district was created. (Acts 62nd
Leg., R.S., Ch. 5, Sec. 5 (part).)
[Sections 1093.062-1093.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1093.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for:
(1) providing medical and hospital care for the
district's needy residents; and
(2) operating all hospital facilities for providing
medical and hospital care for the district's needy inhabitants.
(Acts 62nd Leg., R.S., Ch. 5, Secs. 4(a) (part), 19 (part).)
Sec. 1093.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision located within the
district or that has the same boundaries as the district may not
impose a tax on district residents or issue bonds or other
obligations for hospital purposes or to provide medical care.
(Acts 62nd Leg., R.S., Ch. 5, Sec. 19 (part).)
Sec. 1093.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital system
and the district's money and resources. (Acts 62nd Leg., R.S., Ch.
5, Sec. 5 (part).)
Sec. 1093.104. HOSPITAL SYSTEM. (a) The district shall
provide for the establishment of a hospital system by:
(1) purchasing, constructing, acquiring, repairing,
or renovating buildings and equipment;
(2) equipping the buildings; and
(3) administering the buildings and equipment for
hospital purposes.
(b) The hospital system may include:
(1) facilities for domiciliary care of the sick,
injured, or geriatric;
(2) facilities for outpatient clinics;
(3) dispensaries;
(4) convalescent home facilities;
(5) necessary nurses' domiciliaries and training
centers;
(6) blood banks;
(7) community mental health centers;
(8) research centers or laboratories; and
(9) any other facilities the board considers necessary
for hospital care. (Acts 62nd Leg., R.S., Ch. 5, Secs. 2 (part), 10
(part).)
Sec. 1093.105. RULES. The board may adopt rules governing
the operation of the hospital, the hospital system, and the
district's staff and employees. (Acts 62nd Leg., R.S., Ch. 5, Sec.
5 (part).)
Sec. 1093.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures. (Acts 62nd
Leg., R.S., Ch. 5, Sec. 11 (part).)
Sec. 1093.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine the type, number, and
location of buildings required to maintain an adequate hospital
system.
(b) The board may lease all or part of the district's
buildings or other facilities on terms considered to be in the best
interest of the district's inhabitants. The term of the lease may
not exceed 25 years.
(c) The district may acquire equipment for use in the
district's hospital system and mortgage or pledge the property as
security for the payment of the purchase price. A contract entered
into under this subsection must provide that the entire obligation
be retired not later than the fifth anniversary of the date of the
contract.
(d) The district may sell or otherwise dispose of any
property, including equipment, on terms the board finds are in the
best interest of the district's inhabitants. (Acts 62nd Leg.,
R.S., Ch. 5, Secs. 10 (part), 11 (part).)
Sec. 1093.108. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property located in district
territory if the interest is necessary for the district to exercise
a power, right, or privilege conferred by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 62nd Leg., R.S., Ch. 5,
Sec. 15.)
Sec. 1093.109. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 62nd Leg., R.S., Ch. 5, Sec.
18.)
Sec. 1093.110. CONSTRUCTION OR PURCHASE CONTRACTS. A
construction or purchase contract that involves the expenditure of
more than $2,000 may be made only after advertising in the manner
provided by Chapter 252 and Subchapter C, Chapter 262, Local
Government Code. (Acts 62nd Leg., R.S., Ch. 5, Sec. 11 (part).)
Sec. 1093.111. OPERATING AND MANAGEMENT CONTRACTS. The
board may enter into an operating or management contract relating
to a district facility. (Acts 62nd Leg., R.S., Ch. 5, Sec. 10
(part).)
Sec. 1093.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
CARE AND TREATMENT. (a) The board may contract with a county or
municipality located outside the district's boundaries for the
hospitalization of a sick or injured person of that county or
municipality.
(b) The board may contract with this state or a federal
agency for the hospital treatment of a sick or injured person.
(Acts 62nd Leg., R.S., Ch. 5, Sec. 5 (part).)
Sec. 1093.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
INVESTIGATORY OR OTHER SERVICES. The board may contract with a
political subdivision or governmental agency for the district to
provide investigatory or other services for the hospital or welfare
needs of district inhabitants. (Acts 62nd Leg., R.S., Ch. 5, Sec. 5
(part).)
Sec. 1093.114. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a patient who resides in the district is admitted to a district
facility, the district administrator may have an inquiry made into
the circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives can pay for all or part of the costs of
the patient's care and treatment, the patient or those relatives
shall be ordered to pay the district a specified amount each day or
week for the patient's care and support. The amount ordered must be
proportionate to the person's financial ability.
(c) The district administrator may collect the amount from
the patient's estate, or from any relative who is legally liable for
the patient's support, in the manner provided by law for the
collection of expenses of the last illness of a deceased person.
(Acts 62nd Leg., R.S., Ch. 5, Sec. 17.)
Sec. 1093.115. AUTHORITY TO SUE AND BE SUED. (a) The
district, through the board, may sue and be sued.
(b) The district is entitled to all causes of action and
defenses to which similar authorities are entitled. (Acts 62nd
Leg., R.S., Ch. 5, Sec. 5 (part).)
[Sections 1093.116-1093.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1093.151. BUDGET. (a) The district administrator
shall prepare an annual budget for approval by the board.
(b) The proposed budget must contain a complete financial
statement of:
(1) the outstanding obligations of the district;
(2) the cash on hand in each district fund;
(3) the money received by the district from all
sources during the previous year;
(4) the money available to the district from all
sources during the ensuing year;
(5) the balances expected at the end of the year in
which the budget is being prepared;
(6) the estimated revenue and balances available to
cover the proposed budget;
(7) the estimated tax rate required; and
(8) the proposed expenditures and disbursements and
the estimated receipts and collections for the following fiscal
year. (Acts 62nd Leg., R.S., Ch. 5, Sec. 6 (part).)
Sec. 1093.152. NOTICE; HEARING; ADOPTION OF BUDGET.
(a) The board shall hold a public hearing on the proposed annual
budget.
(b) At least 10 days before the date of the hearing, notice
of the hearing shall be published one time in a newspaper or
newspapers that individually or collectively have general
circulation in the district.
(c) Any property taxpayer of the district is entitled to be
present and participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the district
administrator. The board may make any changes in the proposed
budget that the board judges to be in the interests of the taxpayers
and that the law warrants. (Acts 62nd Leg., R.S., Ch. 5, Sec. 6
(part).)
Sec. 1093.153. AMENDMENTS TO BUDGET. The budget may be
amended as required by circumstances. The board must approve all
amendments. (Acts 62nd Leg., R.S., Ch. 5, Sec. 6 (part).)
Sec. 1093.154. RESTRICTION ON EXPENDITURES. Money may be
spent only for an expense included in the budget or an amendment to
the budget. (Acts 62nd Leg., R.S., Ch. 5, Sec. 6 (part).)
Sec. 1093.155. FISCAL YEAR. The district operates
according to a fiscal year that begins on July 1 and ends on June 30.
(Acts 62nd Leg., R.S., Ch. 5, Sec. 6 (part).)
Sec. 1093.156. AUDIT. (a) The district shall have an
independent audit made of the district's financial condition for
the fiscal year.
(b) As soon as the audit is completed, the audit shall be
filed at the district's office. (Acts 62nd Leg., R.S., Ch. 5, Sec.
6 (part).)
Sec. 1093.157. INSPECTION OF AUDIT AND DISTRICT RECORDS.
The audit and other district records shall be open to inspection at
the district's principal office. (Acts 62nd Leg., R.S., Ch. 5, Sec.
6 (part).)
Sec. 1093.158. FINANCIAL REPORT. As soon as practicable
after the close of each fiscal year, the district administrator
shall prepare for the board:
(1) a complete sworn statement of all district money;
and
(2) a complete account of the disbursements of that
money. (Acts 62nd Leg., R.S., Ch. 5, Sec. 6 (part).)
Sec. 1093.159. DEPOSITORY. (a) The board shall select one
or more banks in the district to serve as a depository for district
money.
(b) District money, other than money invested as provided by
Section 1093.160, and money transmitted to a bank for payment of
bonds or obligations issued by the district, shall be deposited as
received with the depository bank and shall remain on deposit.
(c) This chapter, including Subsection (b), does not limit
the power of the board to place a part of district money on time
deposit or to purchase certificates of deposit. (Acts 62nd Leg.,
R.S., Ch. 5, Sec. 12.)
Sec. 1093.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as otherwise provided by Section 1093.107(c) and by
Subchapter E, the district may not incur an obligation payable from
district revenue other than the revenue on hand or to be on hand in
the current and following district fiscal years.
(b) The board may invest operating, depreciation, or
building reserves only in funds or securities specified by Chapter
2256, Government Code. (Acts 62nd Leg., R.S., Ch. 5, Secs. 5
(part), 11 (part).)
[Sections 1093.161-1093.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1093.201. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligation bonds in the name and on the faith
and credit of the district for any purpose relating to:
(1) the purchase, construction, acquisition, repair,
or renovation of buildings or improvements; and
(2) the equipment of buildings and improvements for
hospital purposes. (Acts 62nd Leg., R.S., Ch. 5, Sec. 7(a) (part).)
Sec. 1093.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued under Section
1093.201, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed the
tax rate approved by the voters at the election authorizing the
imposition of the tax. (Acts 62nd Leg., R.S., Ch. 5, Sec. 7(a)
(part).)
Sec. 1093.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters voting at an
election held for that purpose.
(b) The order calling the election shall provide for clerks
as in county elections and must specify:
(1) the date of the election;
(2) the location of the polling places;
(3) the presiding and alternate election judges for
each polling place;
(4) the amount of the bonds to be authorized; and
(5) the maximum interest rate of the bonds.
(c) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code. (Acts 62nd Leg., R.S., Ch. 5,
Sec. 7(a) (part).)
Sec. 1093.204. MATURITY OF GENERAL OBLIGATION BONDS.
District general obligation bonds must mature not later than 40
years after the date of issuance. (Acts 62nd Leg., R.S., Ch. 5,
Sec. 7(d) (part).)
Sec. 1093.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
The board president shall execute the general obligation bonds in
the district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code. (Acts 62nd Leg.,
R.S., Ch. 5, Sec. 7(d) (part).)
Sec. 1093.206. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) purchase, construct, acquire, repair, renovate,
or equip buildings or improvements for hospital purposes; or
(2) acquire sites to be used for hospital purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospitals.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner and in accordance
with the procedures and requirements prescribed by Sections
264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
and Safety Code, for issuance of revenue bonds by a county hospital
authority. (Acts 62nd Leg., R.S., Ch. 5, Sec. 8 (part).)
Sec. 1093.207. REFUNDING BONDS. (a) The board may, without
an election, issue refunding bonds to refund outstanding
indebtedness issued by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bond
applied to the payment of the indebtedness to be refunded; or
(2) exchanged wholly or partly for not less than a
similar principal amount of outstanding indebtedness. (Acts 62nd
Leg., R.S., Ch. 5, Secs. 7(a) (part), (c) (part), 8 (part).)
Sec. 1093.208. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) the transfer and issuance of the bonds; or
(3) profits made in the sale of the bonds. (Acts 62nd
Leg., R.S., Ch. 5, Sec. 21 (part).)
[Sections 1093.209-1093.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1093.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The board shall impose the tax to:
(1) pay the interest on and create a sinking fund for
bonds or other obligations issued or assumed by the district for
hospital purposes;
(2) provide for the operation and maintenance of the
district and hospital system;
(3) make improvements and additions to the hospital
system; and
(4) acquire necessary sites for the hospital system by
purchase, lease, or condemnation. (Acts 62nd Leg., R.S., Ch. 5,
Secs. 4(b) (part), 13 (part).)
Sec. 1093.252. TAX RATE. (a) The board may impose the tax
at a rate not to exceed 75 cents on each $100 valuation of taxable
property in the district.
(b) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 62nd
Leg., R.S., Ch. 5, Secs. 4(b) (part), 13 (part).)
Sec. 1093.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
ASSESSOR-COLLECTOR. (a) This section applies unless the board by
majority vote elects to have taxes assessed and collected under
Section 1093.254.
(b) The tax assessor-collector of San Augustine County
shall assess and collect taxes imposed by the district. (Acts 62nd
Leg., R.S., Ch. 5, Sec. 14 (part).)
Sec. 1093.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes
assessed and collected by a tax assessor-collector appointed by the
board. An election under this subsection must be made by December 1
and governs the manner in which taxes are assessed and collected,
until changed by a similar resolution.
(b) The district tax assessor-collector must:
(1) reside in the district; and
(2) own real property subject to district taxation.
(c) The board shall set for the district tax
assessor-collector:
(1) the term of employment; and
(2) compensation. (Acts 62nd Leg., R.S., Ch. 5, Sec.
14 (part).)
CHAPTER 1094. SEMINOLE HOSPITAL DISTRICT OF GAINES COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1094.001. DEFINITIONS
Sec. 1094.002. AUTHORITY FOR CREATION
Sec. 1094.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1094.004. DISTRICT TERRITORY
Sec. 1094.005. CORRECTION OF INVALID PROCEDURES
Sec. 1094.006. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1094.007. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1094.008-1094.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1094.051. BOARD ELECTION; TERM
Sec. 1094.052. NOTICE OF ELECTION
Sec. 1094.053. BALLOT PETITION
Sec. 1094.054. QUALIFICATIONS FOR OFFICE
Sec. 1094.055. BOARD VACANCY
Sec. 1094.056. OFFICERS
Sec. 1094.057. VOTING REQUIREMENT
Sec. 1094.058. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR
Sec. 1094.059. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1094.060. APPOINTMENT AND DISMISSAL OF STAFF AND
EMPLOYEES
Sec. 1094.061. SENIORITY; RETIREMENT BENEFITS
[Sections 1094.062-1094.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1094.101. DISTRICT RESPONSIBILITY
Sec. 1094.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1094.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1094.104. HOSPITAL SYSTEM
Sec. 1094.105. RULES
Sec. 1094.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1094.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1094.108. EMINENT DOMAIN
Sec. 1094.109. GIFTS AND ENDOWMENTS
Sec. 1094.110. CONSTRUCTION OR PURCHASE CONTRACTS
Sec. 1094.111. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1094.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR HOSPITALIZATION
Sec. 1094.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR INVESTIGATORY OR OTHER SERVICES
Sec. 1094.114. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1094.115. AUTHORITY TO SUE AND BE SUED
[Sections 1094.116-1094.150 reserved for expansion]
SUBCHAPTER D. CHANGE IN BOUNDARIES
Sec. 1094.151. ELECTION ON EXPANSION OF BOUNDARIES
Sec. 1094.152. BALLOT
Sec. 1094.153. ELECTION RESULTS
[Sections 1094.154-1094.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 1094.201. BUDGET
Sec. 1094.202. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1094.203. AMENDMENTS TO BUDGET
Sec. 1094.204. RESTRICTION ON EXPENDITURES
Sec. 1094.205. FISCAL YEAR
Sec. 1094.206. AUDIT
Sec. 1094.207. INSPECTION OF AUDIT AND DISTRICT
RECORDS
Sec. 1094.208. FINANCIAL REPORT
Sec. 1094.209. DEPOSITORY
Sec. 1094.210. SPENDING AND INVESTMENT RESTRICTIONS
[Sections 1094.211-1094.250 reserved for expansion]
SUBCHAPTER F. BONDS
Sec. 1094.251. GENERAL OBLIGATION BONDS
Sec. 1094.252. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1094.253. GENERAL OBLIGATION BOND ELECTION
Sec. 1094.254. MATURITY OF GENERAL OBLIGATION BONDS
Sec. 1094.255. EXECUTION OF GENERAL OBLIGATION BONDS
Sec. 1094.256. REVENUE BONDS
Sec. 1094.257. REFUNDING BONDS
Sec. 1094.258. BONDS EXEMPT FROM TAXATION
[Sections 1094.259-1094.300 reserved for expansion]
SUBCHAPTER G. TAXES
Sec. 1094.301. IMPOSITION OF AD VALOREM TAX
Sec. 1094.302. TAX RATE
Sec. 1094.303. ASSESSMENT AND COLLECTION BY COUNTY TAX
ASSESSOR-COLLECTOR
Sec. 1094.304. ASSESSMENT AND COLLECTION BY DISTRICT
TAX ASSESSOR-COLLECTOR
CHAPTER 1094. SEMINOLE HOSPITAL DISTRICT OF GAINES COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1094.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Seminole Hospital District of
Gaines County, Texas. (New.)
Sec. 1094.002. AUTHORITY FOR CREATION. The Seminole
Hospital District of Gaines County, Texas, is created under the
authority of Section 9, Article IX, Texas Constitution. (Acts 62nd
Leg., R.S., Ch. 102, Sec. 1.)
Sec. 1094.003. ESSENTIAL PUBLIC FUNCTION. The district
performs an essential public function in carrying out the purposes
of this chapter. (Acts 62nd Leg., R.S., Ch. 102, Sec. 22 (part).)
Sec. 1094.004. DISTRICT TERRITORY. The district is
composed of the territory in the boundaries of the Seminole Common
Consolidated School District No. 1 located in Gaines County as
those boundaries existed on April 29, 1971, unless the district's
boundaries are expanded under Subchapter D. (Acts 62nd Leg., R.S.,
Ch. 102, Sec. 2.)
Sec. 1094.005. CORRECTION OF INVALID PROCEDURES. If a
court holds that any procedure under this chapter violates the
constitution of this state or of the United States, the district by
resolution may provide an alternative procedure that conforms with
the constitution. (Acts 62nd Leg., R.S., Ch. 102, Sec. 23 (part).)
Sec. 1094.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state. (Acts 62nd
Leg., R.S., Ch. 102, Sec. 21 (part).)
Sec. 1094.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 62nd Leg., R.S., Ch. 102, Sec. 21 (part).)
[Sections 1094.008-1094.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1094.051. BOARD ELECTION; TERM. (a) The board
consists of seven directors elected from the district at large.
(b) Unless four-year terms are established under Section
285.081, Health and Safety Code, directors serve staggered two-year
terms. (Acts 62nd Leg., R.S., Ch. 102, Secs. 5(a) (part), (b)
(part).)
Sec. 1094.052. NOTICE OF ELECTION. At least 10 days before
the date of an election of directors, notice of the election shall
be published one time in a newspaper of general circulation in
Gaines County. (Acts 62nd Leg., R.S., Ch. 102, Sec. 5(e) (part).)
Sec. 1094.053. BALLOT PETITION. A person who wants to have
the person's name printed on the ballot as a candidate for director
must file with the board secretary a petition requesting that
action. The petition must be:
(1) signed by at least 25 voters; and
(2) filed at least 25 days before the date of the
election. (Acts 62nd Leg., R.S., Ch. 102, Sec. 5(e) (part).)
Sec. 1094.054. QUALIFICATIONS FOR OFFICE. A person may not
be elected or appointed as a director unless the person:
(1) is a resident of the district;
(2) owns property in the district subject to taxation;
and
(3) is more than 18 years of age at the time of the
election or appointment. (Acts 62nd Leg., R.S., Ch. 102, Sec.
5(c).)
Sec. 1094.055. BOARD VACANCY. (a) If a vacancy occurs in
the office of director, the remaining directors shall appoint a
director for the unexpired term.
(b) If the number of directors is reduced to fewer than five
for any reason, the remaining directors shall immediately call a
special election to fill the vacancies. If the remaining directors
do not call the election, a district court, on application of a
district voter or taxpayer, may order the directors to hold the
election. (Acts 62nd Leg., R.S., Ch. 102, Sec. 5(d) (part).)
Sec. 1094.056. OFFICERS. The board shall elect:
(1) a president and a vice president from among its
members; and
(2) a secretary, who need not be a director. (Acts
62nd Leg., R.S., Ch. 102, Sec. 5(d) (part).)
Sec. 1094.057. VOTING REQUIREMENT. A concurrence of four
directors is sufficient in any matter relating to district
business. (Acts 62nd Leg., R.S., Ch. 102, Sec. 5(d) (part).)
Sec. 1094.058. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR. (a) The board may appoint a qualified person as
district administrator.
(b) The board may appoint one or more assistant
administrators.
(c) The district administrator and any assistant
administrator serve at the will of the board and are entitled to the
compensation determined by the board.
(d) On assuming the duties of district administrator, the
administrator shall execute a bond payable to the district in an
amount set by the board of not less than $5,000 that:
(1) is conditioned on the administrator performing the
administrator's duties; and
(2) contains other conditions the board may require.
(Acts 62nd Leg., R.S., Ch. 102, Sec. 6 (part).)
Sec. 1094.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 62nd
Leg., R.S., Ch. 102, Sec. 6 (part).)
Sec. 1094.060. APPOINTMENT AND DISMISSAL OF STAFF AND
EMPLOYEES. (a) The board may appoint to or dismiss from the staff
any doctors as the board considers necessary for the efficient
operation of the district and may make temporary appointments as
warranted.
(b) The district may employ fiscal agents, accountants,
architects, and attorneys the board considers proper.
(c) The board may delegate to the district administrator the
authority to hire district employees, including technicians and
nurses. (Acts 62nd Leg., R.S., Ch. 102, Secs. 6 (part), 17.)
Sec. 1094.061. SENIORITY; RETIREMENT BENEFITS. The board
may:
(1) adopt rules related to the seniority of district
employees, including rules for a retirement plan based on
seniority; and
(2) give effect to previous years of service for
district employees continuously employed in the operation or
management of hospital facilities:
(A) constructed by the district; or
(B) acquired by the district, including
facilities acquired when the district was created. (Acts 62nd
Leg., R.S., Ch. 102, Sec. 6 (part).)
[Sections 1094.062-1094.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1094.101. DISTRICT RESPONSIBILITY. (a) The district
has full responsibility for providing hospital care for the
district's indigent residents.
(b) The district shall provide all necessary hospital and
medical care for the district's needy inhabitants. (Acts 62nd
Leg., R.S., Ch. 102, Secs. 3(a) (part), 20 (part).)
Sec. 1094.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision of this state, other
than the district, may not impose a tax or issue bonds or other
obligations for hospital purposes or to provide medical care in the
district. (Acts 62nd Leg., R.S., Ch. 102, Secs. 3(a) (part), 20
(part).)
Sec. 1094.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital system
and the district's money and resources. (Acts 62nd Leg., R.S., Ch.
102, Sec. 6 (part).)
Sec. 1094.104. HOSPITAL SYSTEM. (a) The district has the
responsibility to establish a hospital or hospital system within
its boundaries to provide hospital and medical care to the
district's residents.
(b) The district shall provide for:
(1) the establishment of a hospital system by:
(A) purchasing, constructing, acquiring,
repairing, or renovating buildings and equipment; and
(B) equipping the buildings; and
(2) the administration of the hospital system for
hospital and medical care purposes.
(c) The hospital system may include:
(1) facilities for domiciliary care of the sick,
injured, or geriatric;
(2) facilities for outpatient clinics;
(3) dispensaries;
(4) convalescent home facilities;
(5) necessary nurses domiciliaries and training
centers;
(6) blood banks;
(7) community mental health centers;
(8) research centers or laboratories; and
(9) any other facilities the board considers necessary
for medical and hospital care. (Acts 62nd Leg., R.S., Ch. 102,
Secs. 3(a) (part), (b) (part), 10 (part).)
Sec. 1094.105. RULES. The board may adopt rules governing
the operation of the hospital, the hospital system, and the
district's staff and employees. (Acts 62nd Leg., R.S., Ch. 102,
Sec. 6 (part).)
Sec. 1094.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures. (Acts 62nd
Leg., R.S., Ch. 102, Sec. 11 (part).)
Sec. 1094.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine the type, number, and
location of buildings required to maintain an adequate hospital
system.
(b) The board may lease all or part of the district's
buildings and other facilities on terms considered to be in the best
interest of the district's inhabitants. The term of the lease may
not exceed 25 years.
(c) The district may acquire equipment for use in the
district's hospital system and mortgage or pledge the property as
security for the payment of the purchase price. A contract entered
into under this subsection must provide that the entire obligation
be retired not later than the fifth anniversary of the date of the
contract.
(d) The district may sell or otherwise dispose of any
property, including equipment, on terms the board finds are in the
best interest of the district's inhabitants. (Acts 62nd Leg.,
R.S., Ch. 102, Secs. 10 (part), 11 (part).)
Sec. 1094.108. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property located in district
territory if the interest is necessary for the district to exercise
a power, right, or privilege conferred by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 62nd Leg., R.S., Ch. 102,
Sec. 15.)
Sec. 1094.109. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 62nd Leg., R.S., Ch. 102,
Sec. 19.)
Sec. 1094.110. CONSTRUCTION OR PURCHASE CONTRACTS. A
construction or purchase contract that involves the expenditure of
more than $2,000 may be made only after advertising in the manner
provided by Chapter 252 and Subchapter C, Chapter 262, Local
Government Code. (Acts 62nd Leg., R.S., Ch. 102, Sec. 11 (part).)
Sec. 1094.111. OPERATING AND MANAGEMENT CONTRACTS. The
board may enter into an operating or management contract relating
to a district facility. (Acts 62nd Leg., R.S., Ch. 102, Sec. 10
(part).)
Sec. 1094.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
HOSPITALIZATION. (a) The board may contract with a county or
municipality located outside the district's boundaries for the
hospitalization of a sick or injured person of that county or
municipality.
(b) The board may contract with this state or a federal
agency for the hospital treatment of a sick or injured person.
(Acts 62nd Leg., R.S., Ch. 102, Sec. 6 (part).)
Sec. 1094.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
INVESTIGATORY OR OTHER SERVICES. The board may contract with a
political subdivision or governmental agency for the district to
provide investigatory and other services for the hospital or
welfare needs of district inhabitants. (Acts 62nd Leg., R.S., Ch.
102, Sec. 6 (part).)
Sec. 1094.114. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a patient who resides in the district is admitted to a district
facility, the district administrator may have an inquiry made into
the circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives cannot pay all or part of the costs of
the care and treatment in the hospital, the amount of the costs that
cannot be paid becomes a charge against the district.
(c) If the district administrator determines that the
patient or those relatives can pay for all or part of the costs of
the patient's care and treatment, the patient or those relatives
shall be ordered to pay the district a specified amount each week
for the patient's care and support. The amount ordered must be
proportionate to the person's financial ability.
(d) The district administrator may collect the amount from
the patient's estate, or from any relative who is legally liable for
the patient's support, in the manner provided by law for the
collection of expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay, or doubt
in the mind of the district administrator, the board shall hold a
hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue any appropriate orders.
(f) The final order of the board may be appealed to the
district court. The substantial evidence rule applies to the
appeal. (Acts 62nd Leg., R.S., Ch. 102, Sec. 18.)
Sec. 1094.115. AUTHORITY TO SUE AND BE SUED. (a) The
district, through the board, may sue and be sued.
(b) The district is entitled to all causes of action and
defenses to which similar authorities are entitled. (Acts 62nd
Leg., R.S., Ch. 102, Sec. 6 (part).)
[Sections 1094.116-1094.150 reserved for expansion]
SUBCHAPTER D. CHANGE IN BOUNDARIES
Sec. 1094.151. ELECTION ON EXPANSION OF BOUNDARIES. (a)
On presentation of a petition for an election signed by at least 50
registered voters of Gaines County who do not reside within the
district's boundaries, the board shall order an election on the
questions of:
(1) expanding the district's boundaries to include the
entire county;
(2) the assumption of a proportionate share of
district debts; and
(3) the imposition of taxes in the territory to be
added to the district.
(b) The board shall order the election not later than the
60th day after the date on which the petition is presented to the
board.
(c) The election in the district and the election in the
territory to be added must be held on the same day.
(d) Section 41.001(a), Election Code, does not apply to an
election ordered under this section. (Acts 62nd Leg., R.S., Ch.
102, Secs. 2A(a), (b), (e), (f).)
Sec. 1094.152. BALLOT. The ballot for the election shall be
printed to permit voting for or against the proposition: "Expanding
the Seminole Hospital District to include all of Gaines County, the
assumption by the additional territory of its proportionate share
of the district's outstanding debts, and the levy of a tax not to
exceed 75 cents on each $100 of valuation on all taxable property in
the expanded area of the district." (Acts 62nd Leg., R.S., Ch. 102,
Sec. 2A(c).)
Sec. 1094.153. ELECTION RESULTS. The district may not be
expanded unless the proposition under Section 1094.152 is approved
by a majority of the voters at an election held in the district and
by a majority of the voters at a separate election held in the
territory to be added. (Acts 62nd Leg., R.S., Ch. 102, Sec. 2A(d).)
[Sections 1094.154-1094.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 1094.201. BUDGET. (a) The district administrator
shall prepare an annual budget for approval by the board.
(b) The proposed budget must contain a complete financial
statement of:
(1) the outstanding obligations of the district;
(2) the cash on hand in each district fund;
(3) the money received by the district from all
sources during the previous year;
(4) the money available to the district from all
sources during the ensuing year;
(5) the balances expected at the end of the year in
which the budget is being prepared;
(6) the estimated revenue and balances available to
cover the proposed budget;
(7) the estimated tax rate required; and
(8) the proposed expenditures and disbursements and
the estimated receipts and collections for the following fiscal
year. (Acts 62nd Leg., R.S., Ch. 102, Sec. 7 (part).)
Sec. 1094.202. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual budget.
(b) At least 10 days before the date of the hearing, notice
of the hearing shall be published one time in a newspaper or
newspapers that individually or collectively have general
circulation in the district.
(c) Any property taxpayer of the district is entitled to be
present and participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the district
administrator. The board may make any changes in the proposed
budget that the board judges to be in the interest of the taxpayers
and that the law warrants. (Acts 62nd Leg., R.S., Ch. 102, Sec. 7
(part).)
Sec. 1094.203. AMENDMENTS TO BUDGET. The budget may be
amended as required by circumstances. The board must approve all
amendments. (Acts 62nd Leg., R.S., Ch. 102, Sec. 7 (part).)
Sec. 1094.204. RESTRICTION ON EXPENDITURES. Money may be
spent only for an expense included in the budget or an amendment to
the budget. (Acts 62nd Leg., R.S., Ch. 102, Sec. 7 (part).)
Sec. 1094.205. FISCAL YEAR. The district operates
according to a fiscal year that begins on October 1 and ends on
September 30. (Acts 62nd Leg., R.S., Ch. 102, Sec. 7 (part).)
Sec. 1094.206. AUDIT. (a) The district shall have an
independent audit made of the district's financial condition for
the fiscal year.
(b) As soon as the audit is completed, the audit shall be
filed at the district's office. (Acts 62nd Leg., R.S., Ch. 102,
Sec. 7 (part).)
Sec. 1094.207. INSPECTION OF AUDIT AND DISTRICT RECORDS.
The audit and other district records shall be open to inspection at
the district's principal office. (Acts 62nd Leg., R.S., Ch. 102,
Sec. 7 (part).)
Sec. 1094.208. FINANCIAL REPORT. As soon as practicable
after the close of each fiscal year, the district administrator
shall prepare for the board:
(1) a complete sworn statement of all district money;
and
(2) a complete account of the disbursements of that
money. (Acts 62nd Leg., R.S., Ch. 102, Sec. 7 (part).)
Sec. 1094.209. DEPOSITORY. (a) The board shall select one
or more banks in the district to serve as a depository for district
money.
(b) District money, other than money invested as provided by
Section 1094.210(b), and money transmitted to a bank for payment of
bonds or obligations issued by the district, shall be deposited as
received with the depository bank and shall remain on deposit.
(c) This chapter, including Subsection (b), does not limit
the power of the board to place a part of district money on time
deposit or to purchase certificates of deposit. (Acts 62nd Leg.,
R.S., Ch. 102, Sec. 12.)
Sec. 1094.210. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as otherwise provided by Section 1094.107(c) and Subchapter
F, the district may not incur an obligation payable from district
revenue other than the revenue on hand or to be on hand in the
current and following district fiscal years.
(b) The board may invest operating, depreciation, or
building reserves only in funds or securities specified by Chapter
2256, Government Code. (Acts 62nd Leg., R.S., Ch. 102, Secs. 6
(part), 11 (part).)
[Sections 1094.211-1094.250 reserved for expansion]
SUBCHAPTER F. BONDS
Sec. 1094.251. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligation bonds in the name and on the faith
and credit of the district for any purpose relating to:
(1) the purchase, construction, acquisition, repair,
or renovation of buildings or improvements; and
(2) equipping buildings or improvements for hospital
purposes. (Acts 62nd Leg., R.S., Ch. 102, Sec. 8(a) (part).)
Sec. 1094.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1094.251, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed the
tax rate approved by the voters at the election authorizing the
imposition of the tax. (Acts 62nd Leg., R.S., Ch. 102, Sec. 8(a)
(part).)
Sec. 1094.253. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters voting at an
election held for that purpose.
(b) The order calling the election shall provide for clerks
as in county elections and must specify:
(1) the date of the election;
(2) the location of the polling places;
(3) the presiding and alternate election judges for
each polling place;
(4) the amount of the bonds to be authorized; and
(5) the maximum interest rate of the bonds.
(c) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code. (Acts 62nd Leg., R.S., Ch. 102,
Sec. 8(a) (part).)
Sec. 1094.254. MATURITY OF GENERAL OBLIGATION BONDS.
District general obligation bonds must mature not later than 40
years after the date of issuance. (Acts 62nd Leg., R.S., Ch. 102,
Sec. 8(d) (part).)
Sec. 1094.255. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
The board president shall execute the general obligation bonds in
the district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code. (Acts 62nd Leg.,
R.S., Ch. 102, Sec. 8(d) (part).)
Sec. 1094.256. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) purchase, construct, acquire, repair, renovate,
or equip buildings or improvements for hospital purposes; or
(2) acquire sites to be used for hospital purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospitals.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner and in accordance
with the procedures and requirements prescribed by Sections
264.042, 264.043, and 264.046-264.049, Health and Safety Code, for
issuance of revenue bonds by a county hospital authority. (Acts
62nd Leg., R.S., Ch. 102, Sec. 9 (part).)
Sec. 1094.257. REFUNDING BONDS. (a) The board may, without
an election, issue refunding bonds to refund outstanding
indebtedness issued or assumed by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bond
applied to the payment of the indebtedness to be refunded; or
(2) exchanged wholly or partly for not less than a
similar principal amount of outstanding indebtedness. (Acts 62nd
Leg., R.S., Ch. 102, Secs. 8(a) (part), (c) (part), 9 (part).)
Sec. 1094.258. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued or assumed by the district;
(2) the transfer and issuance of the bonds; and
(3) profits made in the sale of the bonds. (Acts 62nd
Leg., R.S., Ch.102, Sec. 22 (part).)
[Sections 1094.259-1094.300 reserved for expansion]
SUBCHAPTER G. TAXES
Sec. 1094.301. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The board shall impose the tax to:
(1) pay the interest on and create a sinking fund for
bonds or other obligations issued or assumed by the district for
hospital purposes;
(2) provide for the operation and maintenance of the
district and hospital system;
(3) make improvements and additions to the hospital
system; and
(4) acquire necessary sites for the hospital system by
purchase, lease, or condemnation. (Acts 62nd Leg., R.S., Ch. 102,
Secs. 4(b) (part), 13(a) (part).)
Sec. 1094.302. TAX RATE. (a) The board may impose the tax
at a rate not to exceed 75 cents on each $100 valuation of taxable
property in the district.
(b) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 62nd
Leg., R.S., Ch. 102, Secs. 4(b) (part), 13(a) (part), (b) (part).)
Sec. 1094.303. ASSESSMENT AND COLLECTION BY COUNTY TAX
ASSESSOR-COLLECTOR. (a) This section applies unless the board
elects to have taxes assessed and collected under Section 1094.304.
(b) The tax assessor-collector of Gaines County shall
assess and collect taxes imposed by the district. (Acts 62nd Leg.,
R.S., Ch. 102, Secs. 16(a) (part), (b) (part).)
Sec. 1094.304. ASSESSMENT AND COLLECTION BY DISTRICT TAX
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes
assessed and collected by a tax assessor-collector appointed by the
board. An election under this subsection must be made by December 1
and governs the manner in which taxes are assessed and collected,
until changed by a similar resolution.
(b) The district tax assessor-collector must:
(1) reside in the district; and
(2) own real property subject to district taxation.
(c) The board shall set for the district tax
assessor-collector:
(1) the term of employment; and
(2) compensation. (Acts 62nd Leg., R.S., Ch. 102,
Secs. 16(a) (part), (c) (part).)
CHAPTER 1095. SHACKELFORD COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1095.001. DEFINITIONS
Sec. 1095.002. AUTHORITY FOR OPERATION
Sec. 1095.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1095.004. DISTRICT TERRITORY
Sec. 1095.005. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1095.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1095.007-1095.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1095.051. BOARD ELECTION; TERM
Sec. 1095.052. NOTICE OF ELECTION
Sec. 1095.053. BALLOT PETITION
Sec. 1095.054. QUALIFICATIONS FOR OFFICE
Sec. 1095.055. BOARD VACANCY
Sec. 1095.056. OFFICERS
Sec. 1095.057. COMPENSATION; EXPENSES
Sec. 1095.058. VOTING REQUIREMENT
Sec. 1095.059. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR
Sec. 1095.060. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1095.061. APPOINTMENT OF STAFF AND EMPLOYEES
[Sections 1095.062-1095.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1095.101. DISTRICT RESPONSIBILITY
Sec. 1095.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1095.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1095.104. HOSPITAL SYSTEM
Sec. 1095.105. RULES
Sec. 1095.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1095.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT
Sec. 1095.108. EMINENT DOMAIN
Sec. 1095.109. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 1095.110. GIFTS AND ENDOWMENTS
Sec. 1095.111. CONSTRUCTION CONTRACTS
Sec. 1095.112. OPERATING AND MANAGEMENT CONTRACTS
Sec. 1095.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR CARE AND TREATMENT
Sec. 1095.114. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR INVESTIGATORY OR OTHER SERVICES
Sec. 1095.115. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1095.116. AUTHORITY TO SUE AND BE SUED
Sec. 1095.117. ELECTION DATE
[Sections 1095.118-1095.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1095.151. BUDGET
Sec. 1095.152. NOTICE; HEARING; ADOPTION OF BUDGET
Sec. 1095.153. AMENDMENTS TO BUDGET
Sec. 1095.154. RESTRICTION ON EXPENDITURES
Sec. 1095.155. FISCAL YEAR
Sec. 1095.156. ANNUAL AUDIT
Sec. 1095.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS
Sec. 1095.158. FINANCIAL REPORT
Sec. 1095.159. DEPOSITORY
Sec. 1095.160. SPENDING AND INVESTMENT RESTRICTIONS
[Sections 1095.161-1095.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1095.201. GENERAL OBLIGATION BONDS
Sec. 1095.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1095.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1095.204. MATURITY OF GENERAL OBLIGATION BONDS
Sec. 1095.205. EXECUTION OF GENERAL OBLIGATION BONDS
Sec. 1095.206. REVENUE BONDS
Sec. 1095.207. REFUNDING BONDS
Sec. 1095.208. BONDS EXEMPT FROM TAXATION
[Sections 1095.209-1095.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1095.251. IMPOSITION OF AD VALOREM TAX
Sec. 1095.252. TAX RATE
Sec. 1095.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
ASSESSOR-COLLECTOR
Sec. 1095.254. ASSESSMENT AND COLLECTION BY DISTRICT
TAX ASSESSOR-COLLECTOR
CHAPTER 1095. SHACKELFORD COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1095.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Shackelford County Hospital
District. (New.)
Sec. 1095.002. AUTHORITY FOR OPERATION. The Shackelford
County Hospital District operates and is administered and financed
in accordance with Section 9, Article IX, Texas Constitution, and
has the rights, powers, and duties provided by this chapter. (Acts
65th Leg., R.S., Ch. 140, Sec. 1 (part).)
Sec. 1095.003. ESSENTIAL PUBLIC FUNCTION. The district
performs an essential public function in carrying out the purposes
of this chapter. (Acts 65th Leg., R.S., Ch. 140, Sec. 21 (part).)
Sec. 1095.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Shackelford County,
Texas. (Acts 65th Leg., R.S., Ch. 140, Sec. 1 (part).)
Sec. 1095.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state. (Acts 65th
Leg., R.S., Ch. 140, Sec. 20 (part).)
Sec. 1095.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 65th Leg., R.S., Ch. 140, Sec. 20 (part).)
[Sections 1095.007-1095.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1095.051. BOARD ELECTION; TERM. (a) The board
consists of seven directors elected from the district at large.
(b) Unless four-year terms are established under Section
285.081, Health and Safety Code:
(1) directors serve staggered two-year terms; and
(2) a directors' election shall be held on the uniform
election date in May of each year. (Acts 65th Leg., R.S., Ch. 140,
Sec. 4(c) (part).)
Sec. 1095.052. NOTICE OF ELECTION. At least 30 days before
the date of an election of directors, notice of the election shall
be published one time in a newspaper or newspapers that
individually or collectively have general circulation in the
district. (Acts 65th Leg., R.S., Ch. 140, Sec. 4(c) (part).)
Sec. 1095.053. BALLOT PETITION. A person who wants to have
the person's name printed on the ballot as a candidate for director
must file with the board secretary a petition requesting that
action. The petition must be:
(1) signed by at least 10 voters; and
(2) filed at least 30 days before the date of the
election. (Acts 65th Leg., R.S., Ch. 140, Sec. 4(c) (part).)
Sec. 1095.054. QUALIFICATIONS FOR OFFICE. (a) A person may
not be elected or appointed as a director unless the person is:
(1) a resident of the district; and
(2) a qualified voter.
(b) A person is not eligible to serve as a director if the
person is:
(1) the district administrator; or
(2) a district employee. (Acts 65th Leg., R.S., Ch.
140, Sec. 4(d).)
Sec. 1095.055. BOARD VACANCY. If a vacancy occurs in the
office of director, the remaining directors shall appoint a
director for the unexpired term. (Acts 65th Leg., R.S., Ch. 140,
Sec. 4(c) (part).)
Sec. 1095.056. OFFICERS. (a) The board shall elect:
(1) a president and a vice president from among its
members; and
(2) a secretary, who need not be a director.
(b) Each officer of the board serves for a term of one year.
(c) The board shall fill a vacancy in a board office for the
unexpired term. (Acts 65th Leg., R.S., Ch. 140, Sec. 4(e) (part).)
Sec. 1095.057. COMPENSATION; EXPENSES. A director or
officer serves without compensation but may be reimbursed for
actual expenses incurred in the performance of official duties.
The expenses must be:
(1) reported in the district's records; and
(2) approved by the board. (Acts 65th Leg., R.S., Ch.
140, Sec. 4(e) (part).)
Sec. 1095.058. VOTING REQUIREMENT. A concurrence of four
directors is sufficient in any matter relating to district
business. (Acts 65th Leg., R.S., Ch. 140, Sec. 4(e) (part).)
Sec. 1095.059. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR. (a) The board shall appoint a qualified person as
district administrator.
(b) The board may appoint an assistant administrator.
(c) The district administrator and any assistant
administrator serve at the will of the board and are entitled to the
compensation determined by the board.
(d) On assuming the duties of district administrator, the
administrator shall execute a bond payable to the district in an
amount set by the board of not less than $5,000 that:
(1) is conditioned on the administrator performing the
administrator's duties; and
(2) contains other conditions the board may require.
(Acts 65th Leg., R.S., Ch. 140, Sec. 5 (part).)
Sec. 1095.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 65th
Leg., R.S., Ch. 140, Sec. 5 (part).)
Sec. 1095.061. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
board may appoint to the staff any doctors as the board considers
necessary for the efficient operation of the district and may make
temporary appointments as warranted.
(b) The district may employ fiscal agents, accountants,
architects, and additional attorneys as the board considers proper.
(c) The board may delegate to the district administrator the
authority to hire district employees, including technicians and
nurses. (Acts 65th Leg., R.S., Ch. 140, Secs. 5 (part), 16.)
[Sections 1095.062-1095.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1095.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for operating all hospital facilities for
providing medical and hospital care for the district's needy
inhabitants. (Acts 65th Leg., R.S., Ch. 140, Sec. 19 (part).)
Sec. 1095.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision located wholly or
partly within the district may not impose a tax or issue bonds or
other obligations for hospital purposes or to provide medical care
for district residents. (Acts 65th Leg., R.S., Ch. 140, Sec. 19
(part).)
Sec. 1095.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the hospital system
and the district's money and resources. (Acts 65th Leg., R.S., Ch.
140, Sec. 5 (part).)
Sec. 1095.104. HOSPITAL SYSTEM. (a) The district shall
provide for:
(1) the establishment of a hospital system by:
(A) purchasing, constructing, acquiring,
repairing, or renovating buildings and equipment; and
(B) equipping the buildings; and
(2) the administration of the system for hospital
purposes.
(b) The hospital system may include any facilities the board
considers necessary for hospital care. (Acts 65th Leg., R.S., Ch.
140, Secs. 2 (part), 10(a) (part).)
Sec. 1095.105. RULES. The board may adopt rules governing
the operation of the hospital, the hospital system, and the
district's staff and employees. (Acts 65th Leg., R.S., Ch. 140,
Sec. 5 (part).)
Sec. 1095.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures. (Acts 65th
Leg., R.S., Ch. 140, Sec. 10(b) (part).)
Sec. 1095.107. DISTRICT PROPERTY, FACILITIES, AND
EQUIPMENT. (a) The board shall determine the type, number, and
location of buildings required to maintain an adequate hospital
system.
(b) The board may lease all or part of the district's
buildings and other facilities on terms considered to be in the best
interest of the district's inhabitants.
(c) The district may acquire equipment for use in the
district's hospital system and mortgage or pledge the property as
security for the payment of the purchase price.
(d) The district may sell or otherwise dispose of any
property, including equipment, on terms the board finds are in the
best interest of the district's inhabitants. (Acts 65th Leg.,
R.S., Ch. 140, Secs. 10(a) (part), (b) (part).)
Sec. 1095.108. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property located in district
territory if the interest is necessary or convenient for the
district to exercise a power, right, or privilege conferred by this
chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide a bond or other security
for costs in the trial court;
(2) provide a bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide a bond for costs or a supersedeas bond on
an appeal or petition for review. (Acts 65th Leg., R.S., Ch. 140,
Sec. 14(a).)
Sec. 1095.109. COST OF RELOCATING OR ALTERING PROPERTY. In
exercising the power of eminent domain, if the board requires
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of any railroad, electric transmission,
telegraph or telephone line, conduit, pole, or facility, or
pipeline, the board must bear the actual cost of relocating,
raising, lowering, rerouting, changing the grade, or altering the
construction to provide comparable replacement without enhancement
of facilities, after deducting the net salvage value derived from
the old facility. (Acts 65th Leg., R.S., Ch. 140, Sec. 14(b).)
Sec. 1095.110. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 65th Leg., R.S., Ch. 140,
Sec. 18.)
Sec. 1095.111. CONSTRUCTION CONTRACTS. A construction
contract that involves the expenditure of more than $10,000 may be
made only after advertising in the manner provided by Chapter 252
and Subchapter C, Chapter 262, Local Government Code. (Acts 65th
Leg., R.S., Ch. 140, Sec. 10(b) (part).)
Sec. 1095.112. OPERATING AND MANAGEMENT CONTRACTS. The
board may enter into an operating or management contract relating
to a district facility. (Acts 65th Leg., R.S., Ch. 140, Sec. 10(a)
(part).)
Sec. 1095.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
CARE AND TREATMENT. (a) The board may contract with a county or
municipality located outside the district's boundaries for the care
and treatment of a sick or injured person of that county or
municipality.
(b) The board may contract with this state or a federal
agency for the treatment of a sick or injured person. (Acts 65th
Leg., R.S., Ch. 140, Sec. 5 (part).)
Sec. 1095.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
INVESTIGATORY OR OTHER SERVICES. The board may contract with a
political subdivision or governmental agency for the district to
provide investigatory or other services for the medical, hospital,
or welfare needs of district inhabitants. (Acts 65th Leg., R.S.,
Ch. 140, Sec. 5 (part).)
Sec. 1095.115. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a patient who resides in the district is admitted to a district
facility, the district administrator may have an inquiry made into
the circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives cannot pay all or part of the costs of
the care and treatment in the hospital, the amount of the costs that
cannot be paid becomes a charge against the district.
(c) If the district administrator determines that the
patient or those relatives can pay for all or part of the costs of
the patient's care and treatment, the patient or those relatives
shall be ordered to pay the district a specified amount each week
for the patient's care and support. The amount ordered must be
proportionate to the person's financial ability.
(d) The district administrator may collect the amount from
the estate of the patient, or from any relative who is legally
liable for the patient's support, in the manner provided by law for
the collection of expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay, or doubt
in the mind of the district administrator, the board shall hold a
hearing and, after calling witnesses, shall:
(1) resolve the dispute; and
(2) issue any appropriate orders.
(f) A final order of the board may be appealed to the
district court. The substantial evidence rule applies to the
appeal. (Acts 65th Leg., R.S., Ch. 140, Sec. 17.)
Sec. 1095.116. AUTHORITY TO SUE AND BE SUED. The district,
through the board, may sue and be sued. (Acts 65th Leg., R.S., Ch.
140, Sec. 5 (part).)
Sec. 1095.117. ELECTION DATE. Notwithstanding Section
41.001(a), Election Code, the board may choose the date for an
election held under this chapter other than a directors' election
under Section 1095.051. (Acts 65th Leg., R.S., Ch. 140, Sec. 3(e).)
[Sections 1095.118-1095.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1095.151. BUDGET. (a) The district administrator
shall prepare an annual budget for approval by the board.
(b) The proposed budget must contain a complete financial
statement of:
(1) the outstanding obligations of the district;
(2) the cash on hand in each district fund;
(3) the money received by the district from all
sources during the previous year;
(4) the money available to the district from all
sources during the ensuing year;
(5) the balances expected at the end of the year in
which the budget is being prepared;
(6) the estimated revenue and balances available to
cover the proposed budget; and
(7) the estimated tax rate required. (Acts 65th Leg.,
R.S., Ch. 140, Sec. 6 (part).)
Sec. 1095.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
The board shall hold a public hearing on the proposed annual budget.
(b) Notice of the hearing must be published one time at
least 10 days before the date of the hearing.
(c) Any district resident is entitled to be present and
participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt
a budget by acting on the budget proposed by the district
administrator. The board may make any changes in the proposed
budget that the board judges to be in the interests of the taxpayers
and that the law warrants. (Acts 65th Leg., R.S., Ch. 140, Sec. 6
(part).)
Sec. 1095.153. AMENDMENTS TO BUDGET. The budget may be
amended as required by circumstances. The board must approve all
amendments. (Acts 65th Leg., R.S., Ch. 140, Sec. 6 (part).)
Sec. 1095.154. RESTRICTION ON EXPENDITURES. Money may be
spent only for an expense included in the budget or an amendment to
the budget. (Acts 65th Leg., R.S., Ch. 140, Sec. 6 (part).)
Sec. 1095.155. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) during a period that district revenue bonds are
outstanding; or
(2) more than once in a 24-month period. (Acts 65th
Leg., R.S., Ch. 140, Sec. 6 (part).)
Sec. 1095.156. ANNUAL AUDIT. The board annually shall have
an audit made of the district's financial condition. (Acts 65th
Leg., R.S., Ch. 140, Sec. 6 (part).)
Sec. 1095.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
RECORDS. The annual audit and other district records shall be open
to inspection at the district's principal office. (Acts 65th Leg.,
R.S., Ch. 140, Sec. 6 (part).)
Sec. 1095.158. FINANCIAL REPORT. As soon as practicable
after the close of each fiscal year, the district administrator
shall prepare for the board:
(1) a complete sworn statement of all district money;
and
(2) a complete account of the disbursements of that
money. (Acts 65th Leg., R.S., Ch. 140, Sec. 6 (part).)
Sec. 1095.159. DEPOSITORY. (a) The board shall select one
or more banks inside or outside the district to serve as a
depository for district money.
(b) District money, other than money invested as provided by
Section 1095.160(b), and money transmitted to a bank for payment of
bonds or obligations issued or assumed by the district, shall be
deposited as received with the depository bank and shall remain on
deposit.
(c) This chapter, including Subsection (b), does not limit
the power of the board to place a part of district money on time
deposit or to purchase certificates of deposit.
(d) The district may not deposit money with a bank in an
amount that exceeds the maximum amount secured by the Federal
Deposit Insurance Corporation unless the bank first executes a bond
or other security in an amount sufficient to secure from loss the
district money that exceeds the amount secured by the Federal
Deposit Insurance Corporation. (Acts 65th Leg., R.S., Ch. 140,
Sec. 11.)
Sec. 1095.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as otherwise provided by Section 1095.107(c) and by
Subchapter E, the district may not incur an obligation payable from
district revenue other than the revenue on hand or to be on hand in
the current and following district fiscal years.
(b) The board may invest operating, depreciation, or
building reserves only in funds or securities specified by Chapter
2256, Government Code. (Acts 65th Leg., R.S., Ch. 140, Secs. 5
(part), 10(b) (part).)
[Sections 1095.161-1095.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1095.201. GENERAL OBLIGATION BONDS. The board may
issue and sell general obligation bonds in the name and on the faith
and credit of the district for any purpose relating to:
(1) the purchase, construction, acquisition, repair,
or renovation of buildings or improvements; and
(2) equipping buildings or improvements for hospital
purposes. (Acts 65th Leg., R.S., Ch. 140, Sec. 7(a) (part).)
Sec. 1095.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued by the district under
Section 1095.201, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
ad valorem tax the district imposes may not in any year exceed 75
cents on each $100 valuation of all taxable property in the
district. (Acts 65th Leg., R.S., Ch. 140, Sec. 7(a) (part).)
Sec. 1095.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters.
(b) The order calling the election shall provide for clerks
as in county elections and must specify:
(1) the date of the election;
(2) the location of the polling places;
(3) the presiding and alternate election judges for
each polling place;
(4) the amount of the bonds to be authorized; and
(5) the maximum maturity of the bonds.
(c) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code. (Acts 65th Leg., R.S., Ch. 140,
Sec. 7(a) (part).)
Sec. 1095.204. MATURITY OF GENERAL OBLIGATION BONDS.
District general obligation bonds must mature not later than 40
years after the date of issuance. (Acts 65th Leg., R.S., Ch. 140,
Sec. 7(c) (part).)
Sec. 1095.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
The board president shall execute the general obligation bonds in
the district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code. (Acts 65th Leg.,
R.S., Ch. 140, Sec. 7(c) (part).)
Sec. 1095.206. REVENUE BONDS. (a) The board may issue
revenue bonds to:
(1) purchase, construct, acquire, repair, renovate,
or equip buildings or improvements for hospital purposes; or
(2) acquire sites to be used for hospital purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospitals.
(c) The bonds may be additionally secured by a mortgage or
deed of trust lien on all or part of district property.
(d) The bonds must be issued in the manner and in accordance
with the procedures and requirements prescribed by Sections
264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
and Safety Code, for issuance of revenue bonds by a county hospital
authority. (Acts 65th Leg., R.S., Ch. 140, Sec. 9 (part).)
Sec. 1095.207. REFUNDING BONDS. (a) The board may, without
an election, issue refunding bonds to refund outstanding
indebtedness issued or assumed by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bond
applied to the payment of the outstanding indebtedness; or
(2) exchanged wholly or partly for not less than a
similar principal amount of outstanding indebtedness. (Acts 65th
Leg., R.S., Ch. 140, Secs. 7(a) (part), (b) (part), 9 (part).)
Sec. 1095.208. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) the transfer and issuance of the bonds; and
(3) profits made in the sale of the bonds. (Acts 65th
Leg., R.S., Ch. 140, Sec. 21 (part).)
[Sections 1095.209-1095.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1095.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The board shall impose the tax to pay:
(1) indebtedness issued or assumed by the district;
and
(2) the maintenance and operating expenses of the
district.
(c) The board may not impose a tax to pay the principal of or
interest on revenue bonds issued under this chapter. (Acts 65th
Leg., R.S., Ch. 140, Secs. 12(a) (part), 15(a) (part).)
Sec. 1095.252. TAX RATE. (a) The board may impose the tax
at a rate not to exceed 75 cents on each $100 valuation of taxable
property in the district.
(b) In setting the tax rate, the board shall consider the
income of the district from sources other than taxation. (Acts 65th
Leg., R.S., Ch. 140, Secs. 3(b) (part), 12(a) (part), (b) (part).)
Sec. 1095.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
ASSESSOR-COLLECTOR. (a) This section applies unless the board
elects to have taxes assessed and collected under Section 1095.254.
(b) The tax assessor-collector of Shackelford County shall
assess and collect taxes imposed by the district. (Acts 65th Leg.,
R.S., Ch. 140, Secs. 15(a) (part), (b) (part).)
Sec. 1095.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX
ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes
assessed and collected by a tax assessor-collector appointed by the
board. An election under this subsection must be made by December 1
and governs the manner in which taxes are assessed and collected,
until changed by a similar resolution.
(b) The district tax assessor-collector must reside in the
district.
(c) The board shall set for the district tax
assessor-collector:
(1) the term of employment; and
(2) compensation. (Acts 65th Leg., R.S., Ch. 140,
Secs. 15(a) (part), (c) (part).)
CHAPTER 1097. SOUTH WHEELER COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1097.001. DEFINITIONS
Sec. 1097.002. AUTHORITY FOR CREATION
Sec. 1097.003. ESSENTIAL PUBLIC FUNCTION
Sec. 1097.004. DISTRICT TERRITORY
Sec. 1097.005. DISTRICT SUPPORT AND MAINTENANCE NOT
STATE OBLIGATION
Sec. 1097.006. RESTRICTION ON STATE FINANCIAL
ASSISTANCE
[Sections 1097.007-1097.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1097.051. BOARD ELECTION; TERM
Sec. 1097.052. NOTICE OF ELECTION
Sec. 1097.053. BALLOT PETITION
Sec. 1097.054. QUALIFICATIONS FOR OFFICE
Sec. 1097.055. BOND; RECORD OF BOND AND OATH OR
AFFIRMATION OF OFFICE
Sec. 1097.056. BOARD VACANCY
Sec. 1097.057. OFFICERS
Sec. 1097.058. VOTING REQUIREMENT
Sec. 1097.059. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR
Sec. 1097.060. GENERAL DUTIES OF DISTRICT
ADMINISTRATOR
Sec. 1097.061. EMPLOYEES
Sec. 1097.062. RETIREMENT PROGRAM
[Sections 1097.063-1097.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1097.101. DISTRICT RESPONSIBILITY
Sec. 1097.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT
Sec. 1097.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
Sec. 1097.104. HOSPITAL SYSTEM
Sec. 1097.105. RULES
Sec. 1097.106. PURCHASING AND ACCOUNTING PROCEDURES
Sec. 1097.107. EMINENT DOMAIN
Sec. 1097.108. GIFTS AND ENDOWMENTS
Sec. 1097.109. CONTRACTS WITH GOVERNMENTAL ENTITIES
FOR CARE AND TREATMENT
Sec. 1097.110. PAYMENT FOR TREATMENT; PROCEDURES
Sec. 1097.111. AUTHORITY TO SUE AND BE SUED
[Sections 1097.112-1097.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1097.151. BUDGET
Sec. 1097.152. FISCAL YEAR
Sec. 1097.153. AUDIT
Sec. 1097.154. FINANCIAL REPORT
Sec. 1097.155. DEPOSITORY
[Sections 1097.156-1097.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1097.201. GENERAL OBLIGATION BONDS
Sec. 1097.202. TAX TO PAY GENERAL OBLIGATION BONDS
Sec. 1097.203. GENERAL OBLIGATION BOND ELECTION
Sec. 1097.204. EXECUTION OF GENERAL OBLIGATION BONDS
Sec. 1097.205. REFUNDING BONDS
Sec. 1097.206. BONDS EXEMPT FROM TAXATION
[Sections 1097.207-1097.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1097.251. IMPOSITION OF AD VALOREM TAX
Sec. 1097.252. TAX RATE
Sec. 1097.253. TAX ASSESSOR-COLLECTOR
CHAPTER 1097. SOUTH WHEELER COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1097.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the South Wheeler County Hospital
District. (New.)
Sec. 1097.002. AUTHORITY FOR CREATION. The South Wheeler
County Hospital District is created under the authority of Section
9, Article IX, Texas Constitution, and has the rights, powers, and
duties prescribed by this chapter. (Acts 58th Leg., R.S., Ch. 261,
Sec. 1 (part).)
Sec. 1097.003. ESSENTIAL PUBLIC FUNCTION. The district
performs an essential public function in carrying out the purposes
of this chapter. (Acts 58th Leg., R.S., Ch. 261, Sec. 10 (part).)
Sec. 1097.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of County
Commissioners Precincts 3 and 4 of Wheeler County, Texas, as those
boundaries existed on January 1, 1963. (Acts 58th Leg., R.S., Ch.
261, Sec. 1 (part).)
Sec. 1097.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state. (Acts 58th
Leg., R.S., Ch. 261, Sec. 20 (part).)
Sec. 1097.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
The legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
(Acts 58th Leg., R.S., Ch. 261, Sec. 20 (part).)
[Sections 1097.007-1097.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1097.051. BOARD ELECTION; TERM. (a) The board
consists of seven directors elected as follows:
(1) two directors elected from County Commissioners
Precinct 3 by the voters of that precinct;
(2) two directors elected from County Commissioners
Precinct 4 by the voters of that precinct; and
(3) three directors elected from the district at large
by the voters of the entire district.
(b) Directors serve staggered two-year terms unless
four-year terms are established under Section 285.081, Health and
Safety Code. (Acts 58th Leg., R.S., Ch. 261, Sec. 4 (part).)
Sec. 1097.052. NOTICE OF ELECTION. At least 10 days before
the date of an election of directors, notice of the election shall
be published one time in a newspaper of general circulation in
Wheeler County. (Acts 58th Leg., R.S., Ch. 261, Sec. 4 (part).)
Sec. 1097.053. BALLOT PETITION. A person who wants to have
the person's name printed on the ballot as a candidate for director
must file with the board secretary a petition requesting that
action. The petition must be:
(1) signed by not fewer than 10 registered voters; and
(2) filed at least 25 days before the date of the
election. (Acts 58th Leg., R.S., Ch. 261, Sec. 4 (part).)
Sec. 1097.054. QUALIFICATIONS FOR OFFICE. (a) A person may
not be elected or appointed as a director unless the person:
(1) is a resident of the district;
(2) owns property in the district subject to taxation;
and
(3) is more than 18 years of age at the time of
election or appointment.
(b) A person may not be elected to represent a particular
county commissioners precinct unless the person is a resident of
that precinct. (Acts 58th Leg., R.S., Ch. 281, Sec. 4 (part).)
Sec. 1097.055. BOND; RECORD OF BOND AND OATH OR AFFIRMATION
OF OFFICE. (a) Each director shall execute a good and sufficient
bond for $1,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director's duties.
(b) Each director's bond and constitutional oath or
affirmation of office shall be deposited with the district's
depository bank for safekeeping. (Acts 58th Leg., R.S., Ch. 261,
Sec. 4 (part).)
Sec. 1097.056. BOARD VACANCY. (a) If a vacancy occurs in
the office of director, the remaining directors shall appoint a
director for the unexpired term.
(b) If the number of directors is reduced to fewer than four
for any reason, the remaining directors shall immediately call a
special election to fill the vacancies. If the remaining directors
do not call the election, a district court, on application of a
district voter or taxpayer, may order the directors to hold the
election. (Acts 58th Leg., R.S., Ch. 261, Sec. 4 (part).)
Sec. 1097.057. OFFICERS. The board shall elect from among
its members a president, a vice president, and a secretary. (Acts
58th Leg., R.S., Ch. 261, Sec. 4 (part).)
Sec. 1097.058. VOTING REQUIREMENT. A concurrence of four
directors is sufficient in any matter relating to district
business. (Acts 58th Leg., R.S., Ch. 261, Sec. 4 (part).)
Sec. 1097.059. DISTRICT ADMINISTRATOR; ASSISTANT
ADMINISTRATOR. (a) The board shall appoint a qualified person as
district administrator.
(b) The board may appoint an assistant administrator.
(c) The district administrator and any assistant
administrator serve at the will of the board and are entitled to the
compensation determined by the board.
(d) On assuming the duties of district administrator, the
administrator shall execute a bond payable to the district in an
amount set by the board of not less than $10,000 that:
(1) is conditioned on the administrator performing the
administrator's duties; and
(2) contains other conditions the board may require.
(Acts 58th Leg., R.S., Ch. 261, Sec. 5 (part).)
Sec. 1097.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district;
and
(2) direct the affairs of the district. (Acts 58th
Leg., R.S., Ch. 261, Sec. 5 (part).)
Sec. 1097.061. EMPLOYEES. The board may employ any
doctors, technicians, nurses, and other employees as considered
necessary for the efficient operation of the district or may
provide that the district administrator has the authority to employ
those persons. (Acts 58th Leg., R.S., Ch. 261, Sec. 5 (part).)
Sec. 1097.062. RETIREMENT PROGRAM. The board may contract
with this state or the federal government to establish or continue a
retirement program for the benefit of the district's employees.
(Acts 58th Leg., R.S., Ch. 261, Sec. 5 (part).)
[Sections 1097.063-1097.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1097.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for:
(1) operating all hospital facilities for providing
medical and hospital care of indigent persons; and
(2) providing medical and hospital care for the
district's needy inhabitants. (Acts 58th Leg., R.S., Ch. 261,
Secs. 2 (part), 19 (part).)
Sec. 1097.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision located within the
district may not impose a tax or issue bonds or other obligations
for hospital purposes for medical treatment of indigent persons.
(Acts 58th Leg., R.S., Ch. 261, Sec. 19 (part).)
Sec. 1097.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
The board shall manage, control, and administer the district's
hospitals and hospital system. (Acts 58th Leg., R.S., Ch. 261, Sec.
5 (part).)
Sec. 1097.104. HOSPITAL SYSTEM. The district shall provide
for the establishment of a hospital system by:
(1) purchasing, constructing, acquiring, repairing,
or renovating buildings and equipment;
(2) equipping the buildings; and
(3) administering the buildings and equipment for
hospital purposes. (Acts 58th Leg., R.S., Ch. 261, Sec. 2 (part).)
Sec. 1097.105. RULES. The board may adopt rules for the
operation of the district and as required to administer this
chapter. (Acts 58th Leg., R.S., Ch. 261, Secs. 5 (part), 11
(part).)
Sec. 1097.106. PURCHASING AND ACCOUNTING PROCEDURES. The
board may prescribe:
(1) the method and manner of making purchases and
expenditures by and for the district; and
(2) all accounting and control procedures. (Acts 58th
Leg., R.S., Ch. 261, Sec. 11 (part).)
Sec. 1097.107. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire a fee simple or
other interest in any type of property located in district
territory if the interest is necessary or convenient for the
district to exercise a power, right, or privilege conferred by this
chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code. (Acts 58th
Leg., R.S., Ch. 261, Sec. 14.)
Sec. 1097.108. GIFTS AND ENDOWMENTS. The board may accept
for the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district. (Acts 58th Leg., R.S., Ch. 261,
Sec. 17.)
Sec. 1097.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
CARE AND TREATMENT. (a) The board may contract with a county or
municipality located outside the district for the care and
treatment of a sick or injured person of that county or
municipality.
(b) The board may contract with this state or a federal
agency for the treatment of a sick or injured person for whom this
state or the federal government is responsible. (Acts 58th Leg.,
R.S., Ch. 261, Sec. 5 (part).)
Sec. 1097.110. PAYMENT FOR TREATMENT; PROCEDURES. (a)
When a patient who resides in the district is admitted to a district
facility, the district administrator shall have an inquiry made
into the circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If the district administrator determines that the
patient or those relatives cannot pay all or part of the costs of
the care and treatment in the hospital, the amount of the costs that
cannot be paid becomes a charge against the district.
(c) If the district administrator determines that the
patient or those relatives can pay for all or part of the costs of
the patient's care and treatment, the patient or those relatives
shall be ordered to pay the district a specified amount each week
for the patient's support. The amount ordered must be
proportionate to the person's financial ability and may not exceed
the actual per capita cost of maintenance.
(d) The district administrator may collect the amount from
the patient's estate, or from any relative who is legally liable for
the patient's support, in the manner provided by law for the
collection of expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay, or doubt
in the mind of the district administrator, the board shall hold a
hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue any appropriate orders. (Acts 58th Leg.,
R.S., Ch. 261, Sec. 16.)
Sec. 1097.111. AUTHORITY TO SUE AND BE SUED. The district,
through the board, may sue and be sued. (Acts 58th Leg., R.S., Ch.
261, Sec. 5 (part).)
[Sections 1097.112-1097.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1097.151. BUDGET. (a) The district administrator
shall prepare an annual budget for approval by the board. The
budget must be for the fiscal year prescribed by Section 1097.152.
(b) Not later than August 31 of each year, the board shall
publish notice of a public hearing on the proposed budget. The
notice must be published in a newspaper of general circulation in
the district at least 10 days before the date of the hearing. (Acts
58th Leg., R.S., Ch. 261, Secs. 6 (part), 18.)
Sec. 1097.152. FISCAL YEAR. The district operates on a
fiscal year that begins on October 1 and ends on September 30.
(Acts 58th Leg., R.S., Ch. 261, Sec. 6 (part).)
Sec. 1097.153. AUDIT. (a) The district shall have an audit
made of the district's financial condition.
(b) The audit shall be open to inspection at all times at the
district's principal office. (Acts 58th Leg., R.S., Ch. 261, Sec. 6
(part).)
Sec. 1097.154. FINANCIAL REPORT. As soon as practicable
after the close of each fiscal year, the district administrator
shall prepare for the board:
(1) a complete sworn statement of all district money;
and
(2) a complete account of the disbursements of that
money. (Acts 58th Leg., R.S., Ch. 261, Sec. 6 (part).)
Sec. 1097.155. DEPOSITORY. (a) The board shall select one
or more banks in the district to serve as a depository for district
money.
(b) District money shall be immediately deposited on
receipt with a depository bank, except that sufficient money must
be remitted to an appropriate bank to pay the principal of and
interest on the district's outstanding bonds or other obligations
on or before the maturity date of the principal and interest.
(c) To the extent that money in a depository bank is not
insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds.
(d) Membership on the district's board of an officer or
director of a bank does not disqualify the bank from being selected
as a depository bank. (Acts 58th Leg., R.S., Ch. 261, Sec. 12.)
[Sections 1097.156-1097.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 1097.201. GENERAL OBLIGATION BONDS. (a) The board may
issue and sell general obligation bonds in the name and on the faith
and credit of the district for any purpose related to the purchase,
construction, acquisition, repair, or renovation of buildings or
improvements, and equipping buildings or improvements for a
hospital and the hospital system, as determined by the board.
(b) The board shall issue the bonds in compliance with the
applicable provisions of Subtitles A and C, Title 9, Government
Code. (Acts 58th Leg., R.S., Ch. 261, Sec. 9 (part).)
Sec. 1097.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued under Section
1097.201, the board shall impose an ad valorem tax at a rate
sufficient to create an interest and sinking fund and to pay the
principal of and interest on the bonds as the bonds mature.
(b) The tax required by this section together with any other
tax the district imposes may not in any year exceed 75 cents on each
$100 valuation of taxable property in the district. (Acts 58th
Leg., R.S., Ch. 261, Sec. 9 (part).)
Sec. 1097.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters voting at an
election held for that purpose.
(b) The board shall call the election. The election must be
held in accordance with Chapter 1251, Government Code.
(c) The bond election order must specify:
(1) the date of the election;
(2) the location of the polling places;
(3) the presiding election officers;
(4) the amount of the bonds to be authorized;
(5) the maximum maturity of the bonds; and
(6) the maximum interest rate of the bonds. (Acts 58th
Leg., R.S., Ch. 261, Sec. 9 (part).)
Sec. 1097.204. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
The board president shall execute the general obligation bonds in
the district's name.
(b) The board secretary shall attest the bonds. (Acts 58th
Leg., R.S., Ch. 261, Sec. 9 (part).)
Sec. 1097.205. REFUNDING BONDS. (a) The board may, without
an election, issue refunding bonds to refund any bond or other
refundable indebtedness issued or assumed by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bond
applied to the payment of the outstanding bonds or other refundable
indebtedness; or
(2) exchanged wholly or partly for not less than a
similar principal amount of the outstanding bonds or other
refundable indebtedness. (Acts 58th Leg., R.S., Ch. 261, Sec. 9
(part).)
Sec. 1097.206. BONDS EXEMPT FROM TAXATION. The following
are exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued by the district;
(2) the transfer and issuance of the bonds; and
(3) profits made in the sale of the bonds. (Acts 58th
Leg., R.S., Ch. 261, Sec. 10 (part).)
[Sections 1097.207-1097.250 reserved for expansion]
SUBCHAPTER F. TAXES
Sec. 1097.251. IMPOSITION OF AD VALOREM TAX. (a) The
district may impose a tax on all property in the district subject to
district taxation.
(b) The tax may be used to meet the requirements of:
(1) district bonds;
(2) indebtedness assumed by the district; and
(3) district maintenance and operating expenses.
(Acts 58th Leg., R.S., Ch. 261, Sec. 3 (part).)
Sec. 1097.252. TAX RATE. The district may impose the tax at
a rate not to exceed 75 cents on each $100 valuation of taxable
property in the district. (Acts 58th Leg., R.S., Ch. 261, Sec. 3
(part).)
Sec. 1097.253. TAX ASSESSOR-COLLECTOR. The tax
assessor-collector of Wheeler County shall assess and collect taxes
imposed by the district. (Acts 58th Leg., R.S., Ch. 261, Sec. 15
(part).)
SECTION 1.02. Subtitle C, Title 4, Special District Local
Laws Code, is amended by adding Chapter 3854 to read as follows:
CHAPTER 3854. CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3854.001. DEFINITIONS
Sec. 3854.002. NATURE OF DISTRICT
Sec. 3854.003. PURPOSE; DECLARATION OF INTENT
Sec. 3854.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 3854.005. EFFECT OF DISTRICT CREATION ON
MUNICIPAL POWERS
Sec. 3854.006. TORT CLAIMS
Sec. 3854.007. LIBERAL CONSTRUCTION OF CHAPTER
[Sections 3854.008-3854.050 reserved for expansion]
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATION
Sec. 3854.051. DISTRICT TERRITORY
Sec. 3854.052. ANNEXATION OR EXCLUSION OF TERRITORY BY
DISTRICT; MUNICIPAL CONSENT
Sec. 3854.053. ANNEXATION OF DISTRICT TERRITORY BY
MUNICIPALITY
[Sections 3854.054-3854.100 reserved for expansion]
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 3854.101. GOVERNING BODY; TERMS
Sec. 3854.102. APPLICABLE LAW
Sec. 3854.103. DIRECTOR DISTRICTS
Sec. 3854.104. APPOINTMENT OF DIRECTORS
Sec. 3854.105. QUALIFICATIONS
Sec. 3854.106. VOTING; ACTIONS
Sec. 3854.107. VACANCY
[Sections 3854.108-3854.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES
Sec. 3854.151. GENERAL POWERS
Sec. 3854.152. ELECTIONS
Sec. 3854.153. AUTHORITY TO ACQUIRE INTEREST IN LAND
Sec. 3854.154. EXPENSES AND LIABILITY FOR CERTAIN
ACTIONS AFFECTING PROPERTY
Sec. 3854.155. SECURITY SERVICES
Sec. 3854.156. COMPETITIVE BIDDING
Sec. 3854.157. DISTRICT NAME CHANGE
Sec. 3854.158. OWNING OR OPERATING AIRPORT PROHIBITED
[Sections 3854.159-3854.200 reserved for expansion]
SUBCHAPTER E. FINANCIAL PROVISIONS
Sec. 3854.201. DISBURSEMENTS OR TRANSFERS OF MONEY
Sec. 3854.202. TAX AND BOND ELECTIONS
Sec. 3854.203. MAINTENANCE AND OPERATION TAX
Sec. 3854.204. ASSESSMENTS; LIENS FOR ASSESSMENTS
Sec. 3854.205. FINANCING IMPROVEMENT PROJECTS OR
SERVICES
Sec. 3854.206. IMPACT FEES
Sec. 3854.207. CERTAIN RESIDENTIAL PROPERTY EXEMPT
Sec. 3854.208. BONDS AND OTHER OBLIGATIONS
Sec. 3854.209. APPROVAL OF BONDS
[Sections 3854.210-3854.250 reserved for expansion]
SUBCHAPTER F. DISSOLUTION
Sec. 3854.251. DISSOLUTION OF DISTRICT
CHAPTER 3854. CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3854.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a board member.
(3) "District" means the Chambers County Improvement
District No. 1.
(4) "Extraterritorial jurisdiction" has the meaning
assigned by Section 42.021, Local Government Code. (Acts 73rd
Leg., R.S., Ch. 566, Sec. 2; New.)
Sec. 3854.002. NATURE OF DISTRICT. A special district
known as the "Chambers County Improvement District No. 1" is a
political subdivision of this state. (Acts 73rd Leg., R.S., Ch.
566, Sec. 1(a).)
Sec. 3854.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and to accomplish the other purposes of this
chapter. The legislature intends that by creating the district the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to:
(1) diversify the economy of the state;
(2) promote, develop, expand, encourage, and maintain
employment, commerce, economic development, and the public
welfare;
(3) promote the control, treatment, storage, and
distribution of water;
(4) protect, preserve, and restore the sanitary
conditions of water;
(5) promote the transportation of agricultural,
industrial, and commercial products;
(6) promote the health, safety, and general welfare
of:
(A) property owners, residents, employers, and
employees in the district; and
(B) the public;
(7) promote the improvement of rivers, bays, creeks,
streams, and canals to permit or to aid navigation and commerce; and
(8) promote the construction, maintenance, and
operation of streets, roads, highways, turnpikes, and railroads in
the greater Cedar Crossing area of Chambers County. (Acts 73rd
Leg., R.S., Ch. 566, Secs. 1(c), (d), (g).)
Sec. 3854.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The district will provide needed funding in the greater
Cedar Crossing area to preserve, maintain, and enhance the economic
health and vitality of the area as a community and a business and
industrial center.
(d) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests, as well as the public. (Acts
73rd Leg., R.S., Ch. 566, Secs. 1(e), (f), (h).)
Sec. 3854.005. EFFECT OF DISTRICT CREATION ON MUNICIPAL
POWERS. (a) The creation of the district does not:
(1) affect the power of a municipality in whose
extraterritorial jurisdiction the district or a part of the
district lies to designate all or part of the district as an
industrial district;
(2) limit a power under Chapter 42, Local Government
Code, of a municipality described by Subdivision (1); or
(3) affect the power of a municipality to provide
municipal services to any area in the municipality or the
municipality's extraterritorial jurisdiction that is in the
district.
(b) A municipality described by Subsection (a)(3) has the
same power to extend or provide municipal services after the
creation of the district as the municipality had before the
district's creation. (Acts 73rd Leg., R.S., Ch. 566, Sec. 9
(part).)
Sec. 3854.006. TORT CLAIMS. (a) The district is a
governmental unit for the purposes of Chapter 101, Civil Practice
and Remedies Code.
(b) The operations of the district are essential
governmental functions for all purposes and not proprietary
functions. (Acts 73rd Leg., R.S., Ch. 566, Sec. 7.)
Sec. 3854.007. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformance with the
legislative findings and purposes stated in this chapter. (Acts
73rd Leg., R.S., Ch. 566, Sec. 1(i).)
[Sections 3854.008-3854.050 reserved for expansion]
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATION
Sec. 3854.051. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 3, Chapter 566, Acts
of the 73rd Legislature, Regular Session, 1993, as that territory
may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake made in the field notes or in copying the field
notes in the legislative process does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond or
to issue or enter into another type of obligation for a purpose for
which the district is created;
(3) the district's right to levy or collect an
assessment or tax; or
(4) the legality or operation of the district or the
district's governing body. (Acts 73rd Leg., R.S., Ch. 566, Sec. 4;
New.)
Sec. 3854.052. ANNEXATION OR EXCLUSION OF TERRITORY BY
DISTRICT; MUNICIPAL CONSENT. (a) The district may annex land to
and exclude land from the district as provided by Subchapter J,
Chapter 49, Water Code.
(b) The district may not annex land in a municipality's
extraterritorial jurisdiction unless the municipality consents to
the annexation. (Acts 73rd Leg., R.S., Ch. 566, Sec. 8.)
Sec. 3854.053. ANNEXATION OF DISTRICT TERRITORY BY
MUNICIPALITY. (a) Notwithstanding Chapter 43, Local Government
Code, a municipality in whose extraterritorial jurisdiction the
district is located may annex all or part of the district.
Annexation does not result in a total or partial dissolution of the
district or an assumption by the annexing municipality of any of the
district's obligations or indebtedness.
(b) A municipal annexation of all or part of the district
has no effect on the validity of the district, and the district
shall continue to exist and exercise the powers granted by this
chapter. (Acts 73rd Leg., R.S., Ch. 566, Sec. 9 (part).)
[Sections 3854.054-3854.100 reserved for expansion]
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 3854.101. GOVERNING BODY; TERMS. (a) The district is
governed by a board of seven directors.
(b) Directors serve staggered four-year terms. (Acts 73rd
Leg., R.S., Ch. 566, Secs. 5(a), (b) (part).)
Sec. 3854.102. APPLICABLE LAW. The board is governed by
Subchapter D, Chapter 375, Local Government Code, to the extent
that the subchapter does not conflict with this chapter. (Acts 73rd
Leg., R.S., Ch. 566, Sec. 5(f) (part).)
Sec. 3854.103. DIRECTOR DISTRICTS. (a) Each position on
the board represents a separate area of the district known as a
director district.
(b) All land in the district must be in a director district.
(c) Director districts may not overlap.
(d) The board may establish new boundaries for a director
district if it is necessary to provide a reasonable balance in the
board representation between acreage, value, improvements, and
interests of the property owners in the district. (Acts 73rd Leg.,
R.S., Ch. 566, Sec. 5(g) (part).)
Sec. 3854.104. APPOINTMENT OF DIRECTORS. The Commissioners
Court of Chambers County shall appoint a director to represent a
director district in the manner provided by Section 375.064, Local
Government Code, from a list of candidates recommended by the board
in the manner provided by that section. (Acts 73rd Leg., R.S., Ch.
566, Secs. 5(b) (part), (e) (part).)
Sec. 3854.105. QUALIFICATIONS. (a) Each director shall
qualify for office as required by Subchapter D, Chapter 375, Local
Government Code.
(b) Each director shall meet the qualifications provided by
Section 375.063, Local Government Code, for the area in the
director district that the director represents.
(c) A person may not be appointed as a director or continue
to serve as a director unless the person satisfies the requirements
provided by Section 375.063, Local Government Code, for the area in
the director district that the person is appointed to represent.
(Acts 73rd Leg., R.S., Ch. 566, Sec. 5(e) (part).)
Sec. 3854.106. VOTING; ACTIONS. (a) Directors may vote on
any matter authorized by Subchapter D, Chapter 375, Local
Government Code.
(b) The board may take action only if the action is approved
in the manner prescribed by Subchapter D, Chapter 375, Local
Government Code. (Acts 73rd Leg., R.S., Ch. 566, Sec. 5(f) (part).)
Sec. 3854.107. VACANCY. The remaining directors shall fill
a vacancy in the office of director for the remainder of the
unexpired term. (Acts 73rd Leg., R.S., Ch. 566, Sec. 5(b) (part).)
[Sections 3854.108-3854.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES
Sec. 3854.151. GENERAL POWERS. The district has:
(1) all the rights, powers, and privileges conferred
by the general law of this state applicable to districts created
under:
(A) Chapter 375, Local Government Code;
(B) Chapter 623, Acts of the 67th Legislature,
Regular Session, 1981 (Article 6550c, Vernon's Texas Civil
Statutes);
(C) Chapter 441, Transportation Code; and
(D) Chapter 54, Water Code;
(2) the rights, powers, and privileges granted to
districts by:
(A) Subchapters E and M, Chapter 60, Water Code;
and
(B) Section 61.116, Water Code; and
(3) all the powers granted to municipal management
districts under Sections 375.092 and 375.111, Local Government
Code, to provide any services or for any project the district is
authorized to acquire, construct, or improve under this chapter.
(Acts 73rd Leg., R.S., Ch. 566, Sec. 6(a) (part).)
Sec. 3854.152. ELECTIONS. The district shall hold
elections as provided by Subchapter L, Chapter 375, Local
Government Code. (Acts 73rd Leg., R.S., Ch. 566, Sec. 11 (part).)
Sec. 3854.153. AUTHORITY TO ACQUIRE INTEREST IN LAND. The
district may acquire any interest in land in accordance with
Chapter 54, Water Code. (Acts 73rd Leg., R.S., Ch. 566, Sec. 6(a)
(part).)
Sec. 3854.154. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS
AFFECTING PROPERTY. If the district, in exercising a power
conferred by this chapter, requires a relocation, adjustment,
raising, lowering, rerouting, or changing the grade of or altering
the construction of any street, alley, highway, overpass,
underpass, road, railroad track, bridge, facility, or property,
electric line, conduit, facility, or property, telephone or
telegraph line, conduit, facility, or property, gas transmission or
distribution pipe, pipeline, main, facility, or property, water,
sanitary sewer or storm sewer pipe, pipeline, main, facility, or
property, cable television line, cable, conduit, facility, or
property, or other pipeline or facility or property relating to the
pipeline, that relocation, adjustment, raising, lowering,
rerouting, changing of grade, or altering of construction must be
accomplished at the sole cost and expense of the district, and
damages that are suffered by owners of the property or facilities
shall be borne by the district. (Acts 73rd Leg., R.S., Ch. 566,
Sec. 6(c).)
Sec. 3854.155. SECURITY SERVICES. To protect the public
interest, the district may contract with a private entity or a
municipality, county, or other political subdivision for services
for the security and protection of residents and property in the
district. (Acts 73rd Leg., R.S., Ch. 566, Sec. 15.)
Sec. 3854.156. COMPETITIVE BIDDING. The district shall
contract for services, improvements, or the purchase of materials,
machinery, equipment, supplies, or other property of more than
$25,000 as provided by Section 375.221, Local Government Code.
(Acts 73rd Leg., R.S., Ch. 566, Sec. 16.)
Sec. 3854.157. DISTRICT NAME CHANGE. The board by
resolution may change the name of the district. The name must
describe the district's location and principal powers. (Acts 73rd
Leg., R.S., Ch. 566, Sec. 1(b).)
Sec. 3854.158. OWNING OR OPERATING AIRPORT PROHIBITED. The
district may not own or operate an airport. (Acts 73rd Leg., R.S.,
Ch. 566, Sec. 6(d).)
[Sections 3854.159-3854.200 reserved for expansion]
SUBCHAPTER E. FINANCIAL PROVISIONS
Sec. 3854.201. DISBURSEMENTS OR TRANSFERS OF MONEY. The
board by resolution shall establish the number of director
signatures or the procedure required for all disbursements or
transfers of the district's money. (Acts 73rd Leg., R.S., Ch. 566,
Sec. 6(e).)
Sec. 3854.202. TAX AND BOND ELECTIONS. (a) The district
shall hold an election in the manner provided by Subchapter L,
Chapter 375, Local Government Code, to obtain voter approval for
the district to impose a maintenance tax or issue bonds payable from
ad valorem taxes or assessments.
(b) The board may submit multiple purposes in a single
proposition at an election. (Acts 73rd Leg., R.S., Ch. 566, Sec. 11
(part).)
Sec. 3854.203. MAINTENANCE AND OPERATION TAX. (a) If
authorized at an election held in accordance with Section 3854.202,
the district may impose an annual ad valorem tax on taxable property
in the district for:
(1) the maintenance, operation, and upkeep of the
district and the improvements constructed or acquired by the
district; and
(2) the provision of services to industrial and
commercial businesses and residents and property owners.
(b) The board shall determine the tax rate. (Acts 73rd
Leg., R.S., Ch. 566, Sec. 13.)
Sec. 3854.204. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board may levy and collect an assessment under Subchapter F,
Chapter 375, Local Government Code, for any authorized purpose only
if the assessment does not conflict with this chapter.
(b) An assessment or reassessment by the district,
penalties and interest on an assessment or reassessment, an expense
of collection, and reasonable attorney's fees incurred by the
district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution levying the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(Acts 73rd Leg., R.S., Ch. 566, Secs. 10(a) (part), (c).)
Sec. 3854.205. FINANCING IMPROVEMENT PROJECTS OR SERVICES.
(a) The district may finance the cost of any authorized improvement
project or service in the manner provided by any law that applies to
the district.
(b) A petition under Section 375.114, Local Government
Code, is not required for the board to levy a tax, assessment, or
impact fee to finance improvement projects and services under this
chapter. (Acts 73rd Leg., R.S., Ch. 566, Sec. 6(b).)
Sec. 3854.206. IMPACT FEES. Except as provided by Section
3854.207, the district may impose an impact fee for an authorized
purpose as provided by Subchapter G, Chapter 375, Local Government
Code. (Acts 73rd Leg., R.S., Ch. 566, Sec. 12 (part).)
Sec. 3854.207. CERTAIN RESIDENTIAL PROPERTY EXEMPT. The
district may not impose an impact fee or assessment on a
single-family residential property or a residential duplex,
triplex, fourplex, or condominium. (Acts 73rd Leg., R.S., Ch. 566,
Sec. 12 (part).)
Sec. 3854.208. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations secured by and
payable wholly or partly from ad valorem taxes, assessments, impact
fees, revenue, grants, or other money of the district, or any
combination of those sources of money, to pay for any authorized
purpose of the district.
(b) In exercising the district's borrowing power, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation. (Acts 73rd Leg., R.S., Ch. 566, Secs.
6(a) (part), 10(a) (part).)
Sec. 3854.209. APPROVAL OF BONDS. (a) No approval is
required for bonds issued by the district other than:
(1) the approval of the attorney general as provided
by Section 375.205, Local Government Code; and
(2) the approval of the Texas Commission on
Environmental Quality if the bonds are issued for a purpose that
Section 375.208, Local Government Code, requires to be approved by
the commission.
(b) Except as provided by Subsection (c), the district may
not issue bonds payable from an ad valorem tax imposed over the
entire district in an amount more than the greater of:
(1) $50 million; or
(2) 10 percent of the assessed value of the taxable
property in the entire district as shown on the most recent
certified tax rolls of the county central appraisal district.
(c) If the Texas Commission on Environmental Quality
approves the feasibility of district bonds described by Subsection
(b), the limit on the amount of bonds to be issued is the amount set
by the commission.
(d) Subsection (b) does not limit the district's authority
to issue bonds that are not payable from ad valorem taxes imposed
over the entire district. (Acts 73rd Leg., R.S., Ch. 566, Secs.
10(b), (d).)
[Sections 3854.210-3854.250 reserved for expansion]
SUBCHAPTER F. DISSOLUTION
Sec. 3854.251. DISSOLUTION OF DISTRICT. The district may
be dissolved as provided by Section 375.261 or 375.262, Local
Government Code. If the district is dissolved, the district shall
remain in existence solely for the purpose of discharging its bonds
or other obligations according to their terms. (Acts 73rd Leg.,
R.S., Ch. 566, Sec. 14.)
SECTION 1.03. Subtitle A, Title 6, Special District Local
Laws Code, is amended by adding Chapter 6604 to read as follows:
CHAPTER 6604. FORT BEND COUNTY DRAINAGE DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 6604.001. DEFINITIONS
Sec. 6604.002. NATURE OF DISTRICT
Sec. 6604.003. DISTRICT TERRITORY
[Sections 6604.004-6604.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 6604.051. GOVERNING BODY
Sec. 6604.052. DUTIES OF COUNTY OFFICIALS IN
CONNECTION WITH DISTRICT; DISTRICT
OFFICERS, EMPLOYEES, AND AGENTS
[Sections 6604.053-6604.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 6604.101. GENERAL POWERS
Sec. 6604.102. ACQUISITION OF PROPERTY; EMINENT DOMAIN
Sec. 6604.103. DISPOSAL OR LEASE OF DISTRICT PROPERTY
Sec. 6604.104. GENERAL RECLAMATION AND DRAINAGE POWERS
Sec. 6604.105. ARRANGEMENTS WITH UNITED STATES
Sec. 6604.106. CONTRACTS AND COOPERATION WITH STATE
AND POLITICAL SUBDIVISIONS
Sec. 6604.107. CONSTRUCTION ON PUBLIC LAND
[Sections 6604.108-6604.150 reserved for expansion]
SUBCHAPTER D. TAXES
Sec. 6604.151. AD VALOREM TAX FOR MAINTENANCE AND
OPERATIONS
Sec. 6604.152. TAX ASSESSOR-COLLECTOR
[Sections 6604.153-6604.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 6604.201. AUTHORITY TO ISSUE BONDS
Sec. 6604.202. LIMITATION ON DEBT
Sec. 6604.203. FORM OF BONDS
Sec. 6604.204. MATURITY
Sec. 6604.205. ELECTION FOR BONDS PAYABLE FROM TAXES
Sec. 6604.206. ISSUANCE OF CERTAIN TIME WARRANTS
PROHIBITED
CHAPTER 6604. FORT BEND COUNTY DRAINAGE DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 6604.001. DEFINITIONS. In this chapter:
(1) "Commissioners court" means the Commissioners
Court of Fort Bend County.
(2) "District" means the Fort Bend County Drainage
District. (Acts 51st Leg., R.S., Ch. 303, Sec. 1 (part); New.)
Sec. 6604.002. NATURE OF DISTRICT. (a) The district is
created under Section 59, Article XVI, Texas Constitution, for the
reclamation and drainage of the district's overflowed lands and
other lands needing drainage.
(b) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
51st Leg., R.S., Ch. 303, Sec. 1 (part).)
Sec. 6604.003. DISTRICT TERRITORY. Unless the district
territory has been modified under Subchapter J, Chapter 49, Water
Code, or other law, the boundaries of the district are coextensive
with the boundaries of Fort Bend County. (Acts 51st Leg., R.S., Ch.
303, Sec. 1 (part); New.)
[Sections 6604.004-6604.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 6604.051. GOVERNING BODY. (a) The commissioners
court is the governing body of the district and the agency through
which the management and control of the district is administered.
(b) The commissioners court may perform any act necessary to
carry out the purposes of this chapter. (Acts 51st Leg., R.S., Ch.
303, Sec. 2 (part).)
Sec. 6604.052. DUTIES OF COUNTY OFFICIALS IN CONNECTION
WITH DISTRICT; DISTRICT OFFICERS, EMPLOYEES, AND AGENTS. (a) The
county judge, county commissioners, county tax assessor-collector,
county treasurer, and county depository of Fort Bend County shall
perform all duties in connection with the district that are
required by law in connection with official matters for Fort Bend
County.
(b) The county auditor of Fort Bend County is the auditor
for the district.
(c) The commissioners court may employ a general manager for
the district and any other agents, attorneys, engineers, and
employees considered necessary in connection with the purposes of
this chapter. All compensation for a person employed under this
subsection may be payable from funds created under this chapter for
the maintenance and operation of the district.
(d) The commissioners court shall require the county tax
assessor-collector, the county treasurer, and any other officers
and employees, as designated by the commissioners court, to post
bonds that are:
(1) payable to the district in amounts determined by
the commissioners court; and
(2) conditioned on:
(A) the faithful performance of their duties; and
(B) paying over and accounting for all money and
other things of value that belong to the district and come into
their possession.
(e) A bond required under Subsection (d) must be executed by
a surety company authorized to do business in this state and is
subject to the approval of the commissioners court. The district
shall pay the premiums on the bond. (Acts 51st Leg., R.S., Ch. 303,
Sec. 3(B).)
[Sections 6604.053-6604.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 6604.101. GENERAL POWERS. (a) The district has the
powers of government and the authority to exercise the rights,
privileges, and functions provided by this chapter.
(b) The district may perform any act necessary or proper to
carry out a district purpose. (Acts 51st Leg., R.S., Ch. 303, Secs.
1 (part), 3(A) (part).)
Sec. 6604.102. ACQUISITION OF PROPERTY; EMINENT DOMAIN.
(a) The district:
(1) by gift, devise, purchase, lease, or exercise of
the power of eminent domain, may acquire inside the district an
easement, right-of-way, or other property needed to carry on the
work of the district; and
(2) by exercise of the power of eminent domain or
otherwise, may acquire outside the district an easement or
right-of-way.
(b) Before the district acquires by exercise of the power of
eminent domain an easement or right-of-way outside the district,
the acquisition must be unanimously approved by the entire
commissioners court of the county in which the easement or
right-of-way is located.
(c) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code. (Acts 51st
Leg., R.S., Ch. 303, Sec. 3(A) (part).)
Sec. 6604.103. DISPOSAL OR LEASE OF DISTRICT PROPERTY. (a)
The district may dispose of property or a property right that is not
needed for a district purpose.
(b) The district may lease property or a property right for
a purpose that does not interfere with the district's use of the
property. (Acts 51st Leg., R.S., Ch. 303, Sec. 3(A) (part).)
Sec. 6604.104. GENERAL RECLAMATION AND DRAINAGE POWERS.
The district may:
(1) devise plans and construct works to reclaim land
in the district;
(2) provide drainage facilities for reclamation and
drainage of the overflowed land and other land in the district that
needs drainage;
(3) acquire or construct outside the district
properties or facilities that in the judgment of the commissioners
court are necessary to facilitate drainage and reclamation of land
in the district;
(4) remove natural or artificial obstructions from
streams or watercourses; and
(5) clean, straighten, widen, or maintain streams,
watercourses, or drainage ditches. (Acts 51st Leg., R.S., Ch. 303,
Sec. 3(A) (part).)
Sec. 6604.105. ARRANGEMENTS WITH UNITED STATES. (a) The
district may cooperate with, contract with, or receive a grant,
loan, or advancement from the United States to exercise a district
power or to further a district purpose.
(b) The district may contribute to the United States in
connection with any project that is undertaken by the United States
and affects or relates to a district purpose. (Acts 51st Leg.,
R.S., Ch. 303, Sec. 3(A) (part).)
Sec. 6604.106. CONTRACTS AND COOPERATION WITH STATE AND
POLITICAL SUBDIVISIONS. The district may cooperate and contract
with this state or a political subdivision of this state to carry
out a district purpose. (Acts 51st Leg., R.S., Ch. 303, Sec. 3(A)
(part).)
Sec. 6604.107. CONSTRUCTION ON PUBLIC LAND. (a) The
district may construct works, ditches, canals, or other
improvements over, across, or along:
(1) a public stream, road, or highway; or
(2) land belonging to this state.
(b) A plan for an improvement under Subsection (a) on a
state highway is subject to the approval of the Texas Department of
Transportation.
(c) A plan for an improvement under Subsection (a) on Texas
Department of Criminal Justice land is subject to the approval of
the Texas Board of Criminal Justice. (Acts 51st Leg., R.S., Ch.
303, Sec. 3(A) (part).)
[Sections 6604.108-6604.150 reserved for expansion]
SUBCHAPTER D. TAXES
Sec. 6604.151. AD VALOREM TAX FOR MAINTENANCE AND
OPERATIONS. (a) The commissioners court may impose a tax at a rate
not to exceed 25 cents on each $100 valuation of taxable property in
the district to pay the cost of maintaining district property and
operating the district.
(b) The commissioners court may not impose the tax until the
tax is authorized at an election:
(1) called for that purpose by the commissioners court
in the manner provided by Section 6604.205; and
(2) at which a majority of the voters voting at the
election vote in favor of the imposition of the tax. (Acts 51st
Leg., R.S., Ch. 303, Sec. 5 (part).)
Sec. 6604.152. TAX ASSESSOR-COLLECTOR. The county tax
assessor-collector of Fort Bend County is the tax
assessor-collector for the district. (Acts 51st Leg., R.S., Ch.
303, Sec. 5 (part).)
[Sections 6604.153-6604.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 6604.201. AUTHORITY TO ISSUE BONDS. The commissioners
court may:
(1) issue district bonds to finance carrying out any
power or purpose granted by this chapter to the district; and
(2) provide for the payment of the interest on the
bonds as it accrues and for a sinking fund for the redemption of the
bonds as they mature by imposing a tax on all taxable property in
the district, as shown by the most recent certified appraisal roll
of the district, at a rate sufficient for that purpose. (Acts 51st
Leg., R.S., Ch. 303, Sec. 4(A) (part).)
Sec. 6604.202. LIMITATION ON DEBT. The total principal
amount of bonds issued under Section 6604.201 that the district may
have outstanding at any time may not exceed five percent of the
assessed value of all taxable property in the district as shown by
the most recent appraisal roll of the district. (Acts 51st Leg.,
R.S., Ch. 303, Sec. 4(A) (part).)
Sec. 6604.203. FORM OF BONDS. (a) A district bond issued
under this chapter must be:
(1) issued in the name of the district;
(2) signed by the county judge of Fort Bend County; and
(3) attested by the county clerk of Fort Bend County.
(b) If the bond is issued with one or more interest coupons,
the coupons must be signed by the county judge and the county clerk
of Fort Bend County. (Acts 51st Leg., R.S., Ch. 303, Sec. 4(B)
(part).)
Sec. 6604.204. MATURITY. District bonds issued under
Section 6604.201 must mature not later than 30 years after their
date of issuance. (Acts 51st Leg., R.S., Ch. 303, Sec. 4(A)
(part).)
Sec. 6604.205. ELECTION FOR BONDS PAYABLE FROM TAXES. (a)
The commissioners court may not issue district bonds under Section
6604.201 until the issuance of the bonds and the imposition of taxes
to pay the principal of and interest on the bonds are authorized by
a majority of the voters voting at an election called for that
purpose.
(b) The proposition for the issuance of district bonds may
be submitted at any time the commissioners court considers proper.
(c) Chapter 1251, Government Code, applies to a district
bond election except to the extent of any conflict with this
chapter.
(d) If a majority of the voters voting at a district bond
election vote in favor of the issuance of bonds and the imposition
of taxes, the commissioners court may:
(1) issue, sell, and deliver the bonds;
(2) receive, use, and apply the proceeds for district
purposes; and
(3) impose taxes on all property subject to taxation
in the district. (Acts 51st Leg., R.S., Ch. 303, Sec. 4(A) (part).)
Sec. 6604.206. ISSUANCE OF CERTAIN TIME WARRANTS
PROHIBITED. The district may not issue time warrants payable from
taxes. (Acts 51st Leg., R.S., Ch. 303, Sec. 4(A) (part).)
SECTION 1.04. Subtitle F, Title 6, Special District Local
Laws Code, is amended by adding Chapters 8215, 8219, 8220, 8229,
8230, 8243, 8246, 8259, 8260, 8262, 8271, 8272, 8273, 8274, 8275,
8276, 8277, 8278, 8279, 8280, 8281, 8282, 8283, 8284, 8285, 8286,
8287, 8288, 8289, 8290, 8291, 8292, 8293, 8302, and 8303 to read as
follows:
CHAPTER 8215. JACKRABBIT ROAD PUBLIC UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8215.001. DEFINITIONS
Sec. 8215.002. NATURE OF DISTRICT
Sec. 8215.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8215.004. DISTRICT TERRITORY
[Sections 8215.005-8215.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8215.051. COMPOSITION OF BOARD
[Sections 8215.052-8215.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8215.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8215. JACKRABBIT ROAD PUBLIC UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8215.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Jackrabbit Road Public
Utility District. (Acts 62nd Leg., R.S., Ch. 675, Sec. 1 (part);
New.)
Sec. 8215.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Harris County created
under Section 59, Article XVI, Texas Constitution. (Acts 62nd
Leg., R.S., Ch. 675, Sec. 1 (part).)
Sec. 8215.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 675, Secs. 1 (part), 3.)
Sec. 8215.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 675, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bonds for
a purpose for which the district is created or to pay the principal
of and interest on the bonds;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 675, Sec. 2; New.)
[Sections 8215.005-8215.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8215.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 675, Sec. 6 (part).)
[Sections 8215.052-8215.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8215.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 675, Sec. 5 (part); New.)
CHAPTER 8219. KLEIN PUBLIC UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8219.001. DEFINITIONS
Sec. 8219.002. NATURE OF DISTRICT
Sec. 8219.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8219.004. DISTRICT TERRITORY
[Sections 8219.005-8219.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8219.051. COMPOSITION OF BOARD
[Sections 8219.052-8219.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8219.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8219. KLEIN PUBLIC UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8219.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Klein Public Utility
District. (Acts 62nd Leg., R.S., Ch. 411, Sec. 1 (part); New.)
Sec. 8219.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Harris County created
under Section 59, Article XVI, Texas Constitution. (Acts 62nd
Leg., R.S., Ch. 411, Sec. 1 (part).)
Sec. 8219.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 411, Secs. 1 (part), 3.)
Sec. 8219.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 411, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 411, Sec. 2; New.)
[Sections 8219.005-8219.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8219.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 411, Sec. 6 (part).)
[Sections 8219.052-8219.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8219.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 411, Sec. 5 (part); New.)
CHAPTER 8220. LAKE FOREST UTILITY
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8220.001. DEFINITIONS
Sec. 8220.002. NATURE OF DISTRICT
Sec. 8220.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8220.004. DISTRICT TERRITORY
[Sections 8220.005-8220.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8220.051. COMPOSITION OF BOARD
[Sections 8220.052-8220.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8220.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8220. LAKE FOREST UTILITY
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8220.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Lake Forest Utility District.
(Acts 62nd Leg., R.S., Ch. 579, Sec. 1 (part); New.)
Sec. 8220.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Harris County created
under Section 59, Article XVI, Texas Constitution. (Acts 62nd
Leg., R.S., Ch. 579, Sec. 1 (part).)
Sec. 8220.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 579, Secs. 1 (part), 3.)
Sec. 8220.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 579, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 579, Sec. 2; New.)
[Sections 8220.005-8220.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8220.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 579, Sec. 6 (part).)
[Sections 8220.052-8220.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8220.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 579, Sec. 5 (part); New.)
CHAPTER 8229. LUCE BAYOU PUBLIC UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8229.001. DEFINITIONS
Sec. 8229.002. NATURE OF DISTRICT
Sec. 8229.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8229.004. DISTRICT TERRITORY
[Sections 8229.005-8229.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8229.051. COMPOSITION OF BOARD
[Sections 8229.052-8229.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8229.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8229. LUCE BAYOU PUBLIC UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8229.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Luce Bayou Public Utility
District. (Acts 62nd Leg., R.S., Ch. 554, Sec. 1 (part); New.)
Sec. 8229.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Harris County created
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
R.S., Ch. 554, Sec. 1 (part).)
Sec. 8229.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 554, Secs. 1 (part), 3.)
Sec. 8229.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 554, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 554, Sec. 2; New.)
[Sections 8229.005-8229.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8229.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 554, Sec. 6 (part).)
[Sections 8229.052-8229.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8229.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 554, Sec. 5 (part); New.)
CHAPTER 8230. LUMBERTON MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8230.001. DEFINITIONS
Sec. 8230.002. NATURE OF DISTRICT
Sec. 8230.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8230.004. DISTRICT TERRITORY
Sec. 8230.005. CERTAIN LAWS INAPPLICABLE TO CREATION OF DISTRICT
[Sections 8230.006-8230.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8230.051. COMPOSITION OF BOARD
[Sections 8230.052-8230.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8230.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8230. LUMBERTON MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8230.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Lumberton Municipal Utility
District. (Acts 63rd Leg., R.S., Ch. 388, Sec. 1 (part); New.)
Sec. 8230.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Hardin County created
under Section 59, Article XVI, Texas Constitution. (Acts 63rd Leg.,
R.S., Ch. 388, Sec. 1 (part).)
Sec. 8230.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
63rd Leg., R.S., Ch. 388, Secs. 1 (part), 4.)
Sec. 8230.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2, Chapter 388, Acts
of the 63rd Legislature, Regular Session, 1973, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 63rd Leg., R.S., Ch. 388, Sec. 3; New.)
Sec. 8230.005. CERTAIN LAWS INAPPLICABLE TO CREATION OF
DISTRICT. The district was created notwithstanding any provision of
Section 212.003, Local Government Code, Chapter 42 or 43, Local
Government Code, or Section 54.016, Water Code, and to the extent of
the creation of the district only, those provisions shall have no
application. (Acts 63rd Leg., R.S., Ch. 388, Sec. 8.)
[Sections 8230.006-8230.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8230.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 63rd Leg.,
R.S., Ch. 388, Sec. 7 (part).)
[Sections 8230.052-8230.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8230.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred and imposed by general law applicable to a municipal
utility district created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code. (Acts 63rd
Leg., R.S., Ch. 388, Sec. 5 (part); New.)
CHAPTER 8243. LANNIUS MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8243.001. DEFINITIONS
Sec. 8243.002. NATURE OF DISTRICT
Sec. 8243.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8243.004. DISTRICT TERRITORY
[Sections 8243.005-8243.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8243.051. COMPOSITION OF BOARD
[Sections 8243.052-8243.100 reserved for expansion]
SUBCHAPTER C. POWERS
Sec. 8243.101. MUNICIPAL UTILITY DISTRICT POWERS
Sec. 8243.102. WATER AND SEWER SYSTEMS
CHAPTER 8243. LANNIUS MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8243.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Lannius Municipal Utility
District. (Acts 63rd Leg., R.S., Ch. 620, Sec. 1 (part); New.)
Sec. 8243.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Fannin County created
under Section 59, Article XVI, Texas Constitution. (Acts 63rd
Leg., R.S., Ch. 620, Sec. 1 (part).)
Sec. 8243.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
63rd Leg., R.S., Ch. 620, Secs. 1 (part), 4.)
Sec. 8243.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2, Chapter 620, Acts
of the 63rd Legislature, Regular Session, 1973, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 63rd Leg., R.S., Ch. 620, Sec. 3; New.)
[Sections 8243.005-8243.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8243.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 63rd Leg.,
R.S., Ch. 620, Sec. 7 (part).)
[Sections 8243.052-8243.100 reserved for expansion]
SUBCHAPTER C. POWERS
Sec. 8243.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred and imposed by general law applicable to a municipal
utility district created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code. (Acts 63rd
Leg., R.S., Ch. 620, Sec. 5 (part).)
Sec. 8243.102. WATER AND SEWER SYSTEMS. The district may:
(1) acquire an existing water system that serves all
or part of the district territory; or
(2) enter into a contract with the owner of a system
described by Subdivision (1) under which the owner agrees:
(A) to operate and maintain all or part of the
district's facilities;
(B) to provide billing for utility service
supplied by district facilities;
(C) not to provide water service to a customer
who is subject to the sanitary sewer service supplied by district
facilities but who has not paid for that sewer service; and
(D) to any other agreement required to assure
adequate maintenance of district facilities and provide money to
pay district obligations. (Acts 63rd Leg., R.S., Ch. 620, Sec. 6.)
CHAPTER 8246. LAVACA COUNTY FLOOD CONTROL DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8246.001. DEFINITIONS
Sec. 8246.002. NATURE OF DISTRICT
Sec. 8246.003. DISTRICT TERRITORY
[Sections 8246.004-8246.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8246.051. COMPOSITION OF BOARD
Sec. 8246.052. DIRECTOR'S BOND; TREASURER'S BOND
Sec. 8246.053. OFFICIAL ACTIONS; QUORUM
Sec. 8246.054. BOARD MEETINGS
Sec. 8246.055. BOARD COMPENSATION FOR ATTENDING
MEETINGS
Sec. 8246.056. OFFICERS
[Sections 8246.057-8246.100 reserved for expansion]
SUBCHAPTER C. GENERAL POWERS AND DUTIES
Sec. 8246.101. MUNICIPAL UTILITY DISTRICT POWERS;
GENERAL POWERS
Sec. 8246.102. EMINENT DOMAIN
Sec. 8246.103. CONTRACTS AND WARRANTS
[Sections 8246.104-8246.150 reserved for expansion]
SUBCHAPTER D. FLOOD CONTROL
Sec. 8246.151. FLOOD CONTROL POWERS AND DUTIES
Sec. 8246.152. EASEMENT OVER AND RELOCATION OF ROADS
Sec. 8246.153. MAINTENANCE OF FEDERAL FLOOD CONTROL
PROJECTS
[Sections 8246.154-8246.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8246.201. PETITION AND ELECTION AUTHORIZING AD
VALOREM TAX; TAX LIMIT
Sec. 8246.202. NOTICE FOR AND MANNER OF HOLDING AD
VALOREM TAX ELECTION
Sec. 8246.203. TAX LAWS APPLICABLE
[Sections 8246.204-8246.250 reserved for expansion]
SUBCHAPTER F. BONDS
Sec. 8246.251. PETITION FOR BOND ELECTION
Sec. 8246.252. DATE AND NOTICE OF PETITION HEARING
Sec. 8246.253. HEARING AND DETERMINATION ON PETITION
Sec. 8246.254. ELECTION FOR, ISSUANCE OF, AND SALE OF
BONDS
CHAPTER 8246. LAVACA COUNTY FLOOD CONTROL DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8246.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Lavaca County Flood Control
District No. 3.
(4) "President" means the president of the board.
(5) "Secretary" means the secretary of the board.
(Acts 56th Leg., R.S., Ch. 95, Secs. 1 (part), 4 (part); New.)
Sec. 8246.002. NATURE OF DISTRICT. (a) The district is a
municipal utility district and a conservation and reclamation
district as provided by this chapter.
(b) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
56th Leg., R.S., Ch. 95, Sec. 1 (part); New.)
Sec. 8246.003. DISTRICT TERRITORY. The district is composed
of the territory described by Section 1, Chapter 95, Acts of the
56th Legislature, Regular Session, 1959, as that territory may have
been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law. (New.)
[Sections 8246.004-8246.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8246.051. COMPOSITION OF BOARD. The board is composed
of five elected directors who serve staggered terms. (New.)
Sec. 8246.052. DIRECTOR'S BOND; TREASURER'S BOND. (a) Each
director shall give bond in the amount of $1,000 for the faithful
performance of the director's duties.
(b) The treasurer of the district shall give bond in the
amount of $2,500 for the faithful performance of the treasurer's
duties. (Acts 56th Leg., R.S., Ch. 95, Sec. 5 (part).)
Sec. 8246.053. OFFICIAL ACTIONS; QUORUM. (a) The board
shall perform official actions by resolution.
(b) Two-thirds of the board constitutes a quorum for the
transaction of any business of the district.
(c) A majority vote of those present is sufficient in any
official action, including final passage and enactment of a
resolution. (Acts 56th Leg., R.S., Ch. 95, Sec. 6(a) (part).)
Sec. 8246.054. BOARD MEETINGS. (a) The board shall hold
regular meetings at least once every three months. The dates of
regular meetings must be established in the district's bylaws or by
resolution.
(b) The president or any three directors may call a special
meeting as necessary to administer district business. At least
five days before the date of a special meeting, the secretary must
mail notice of the meeting to the address each director filed with
the secretary. A director may waive in writing notices of special
meetings. (Acts 56th Leg., R.S., Ch. 95, Sec. 6(b) (part).)
Sec. 8246.055. BOARD COMPENSATION FOR ATTENDING MEETINGS.
Unless the board by resolution increases the fee to an amount
authorized by Section 49.060, Water Code:
(1) each director is entitled to receive a fee of $20
for attending each board meeting; and
(2) a director may not be paid more than $40 for
meetings held in one calendar month. (Acts 56th Leg., R.S., Ch. 95,
Sec. 6(b) (part); New.)
Sec. 8246.056. OFFICERS. (a) The president shall perform
those functions that are customarily incident to the office of
president.
(b) The vice president shall act as president in case of the
inability, absence, or failure of the president to act.
(c) The secretary may be a director or an individual who is
not a director. (Acts 56th Leg., R.S., Ch. 95, Sec. 6(c) (part).)
[Sections 8246.057-8246.100 reserved for expansion]
SUBCHAPTER C. GENERAL POWERS AND DUTIES
Sec. 8246.101. MUNICIPAL UTILITY DISTRICT POWERS; GENERAL
POWERS. (a) The district has and may exercise the powers,
functions, duties, and privileges provided by general law
applicable to a municipal utility district, including those
conferred by Chapters 49 and 54, Water Code.
(b) The district may exercise the rights, privileges, and
functions provided by this chapter. (Acts 56th Leg., R.S., Ch. 95,
Sec. 1 (part); New.)
Sec. 8246.102. EMINENT DOMAIN. The district may exercise
the power of eminent domain inside district boundaries to acquire
property of any kind, or an interest in property, necessary or
convenient for the district to exercise a right, power, privilege,
or function conferred on the district by this chapter. (Acts 56th
Leg., R.S., Ch. 95, Sec. 8 (part).)
Sec. 8246.103. CONTRACTS AND WARRANTS. The district may
enter into contracts and issue warrants payable from current funds
under the applicable provisions of Chapter 252, Local Government
Code, that relate to a municipality with a population of less than
5,000, to the extent those provisions are not in conflict with this
chapter. (Acts 56th Leg., R.S., Ch. 95, Sec. 13.)
[Sections 8246.104-8246.150 reserved for expansion]
SUBCHAPTER D. FLOOD CONTROL
Sec. 8246.151. FLOOD CONTROL POWERS AND DUTIES. The
district may:
(1) exercise a power, right, privilege, or function
conferred by general law on a flood control district created under
Section 59, Article XVI, Texas Constitution, as applicable to
Lavaca County and essential to the flood control project;
(2) devise plans and construct works to lessen and
control floods;
(3) reclaim land in the district;
(4) prevent the deposit of silt in navigable streams;
(5) remove natural or artificial obstructions from
streams and other watercourses;
(6) regulate the flow of surface and floodwaters;
(7) provide drainage essential to the flood control
project;
(8) acquire, by gift, devise, purchase, or
condemnation, land, a right or interest in land, or any other
character of property needed to carry on the work of flood control;
(9) sell, trade, or otherwise dispose of land or other
property, or a right in the property, no longer needed for the flood
control project or flood control purposes;
(10) use the bed and banks of a bayou, river, or stream
in the district, subject to the concurrence of the Texas Commission
on Environmental Quality;
(11) authorize its officers, employees, or agents to
enter any land in the district to make or examine a survey in
connection with a flood control plan or project or for any other
authorized purpose;
(12) overflow or inundate any public land or public
property, and require the relocation of a road or highway, in the
manner and to the extent permitted to a district organized under
general law under Section 59, Article XVI, Texas Constitution,
subject to the concurrence of the state agency with jurisdiction
over the land or property or the Texas Transportation Commission,
as applicable;
(13) appoint a flood control manager and any agents or
employees of the county as necessary for flood control purposes,
including an engineer and counsel, prescribe their duties, and set
the amounts of their bonds and compensation;
(14) cooperate or contract with the United States to
receive and use money from a grant, loan, or advancement to exercise
a power or further a purpose under this chapter;
(15) contribute to the United States in connection
with any project undertaken by the United States that affects or
relates to flood control in Lavaca County;
(16) cooperate or contract with an agency or political
subdivision of this state, including a municipality in Lavaca
County, in relation to:
(A) a survey;
(B) the acquisition of land or a right-of-way; or
(C) the construction, maintenance, or financing
of all or part of a project in connection with any matter within the
scope of this chapter;
(17) contract with an agency or political subdivision
of this state, including a municipality in Lavaca County, for the
imposition of taxes on behalf of and for the benefit of the
district;
(18) sue and be sued under the laws of this state; and
(19) perform any act necessary or proper to carry out
the powers described by this section or Section 8246.152. (Acts
56th Leg., R.S., Ch. 95, Sec. 2 (part).)
Sec. 8246.152. EASEMENT OVER AND RELOCATION OF ROADS. The
district has a right-of-way and easement over and across a road or
highway of this state or a subdivision of this state for the
construction or maintenance of a district flood control project,
subject to the concurrence of the Texas Transportation Commission
if the project requires the relocation or bridging of a state
highway. (Acts 56th Leg., R.S., Ch. 95, Sec. 2 (part).)
Sec. 8246.153. MAINTENANCE OF FEDERAL FLOOD CONTROL
PROJECTS. The district is entitled to maintain a flood control
project constructed in Lavaca County by the United States if the
project:
(1) extends wholly or partly into the district or is
within five miles of the boundaries of the district; and
(2) is considered by the board to protect property in
the district. (Acts 56th Leg., R.S., Ch. 95, Sec. 2a.)
[Sections 8246.154-8246.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8246.201. PETITION AND ELECTION AUTHORIZING AD VALOREM
TAX; TAX LIMIT. (a) The board may impose on all taxable property in
the district an annual tax at a rate not to exceed 15 cents on the
$100 valuation.
(b) Before an election is held on the ad valorem tax
proposition, a petition for the tax must be presented to the board.
The petition must be signed by 10 percent of the registered voters
who own taxable property in the district.
(c) The petition, election order, and notice of the election
must state:
(1) the specific tax rate to be voted on or that the
rate may not exceed the limit under Subsection (a); and
(2) one or more of the purposes authorized by this
chapter for which the tax money may be spent.
(d) The total amount of all taxes imposed by the district
for all purposes may not exceed 15 cents on the $100 valuation.
(Acts 56th Leg., R.S., Ch. 95, Secs. 9(a), (b), 11.)
Sec. 8246.202. NOTICE FOR AND MANNER OF HOLDING AD VALOREM
TAX ELECTION. (a) Notice of an election under Section 8246.201
must be published once each week for two weeks in a newspaper that
is published in Lavaca County and has general circulation in the
district.
(b) The date of the first publication of notice must be not
less than 20 days and not more than 30 days before the date of the
election.
(c) The presiding judge for each voting place shall appoint
the necessary judges and clerks to assist the presiding judge in
holding the election. (Acts 56th Leg., R.S., Ch. 95, Sec. 3(a)
(part).)
Sec. 8246.203. TAX LAWS APPLICABLE. The laws of this state
relating to the imposition of ad valorem taxes and collection of
delinquent taxes by a water control and improvement district apply
to the district. (Acts 56th Leg., R.S., Ch. 95, Sec. 12.)
[Sections 8246.204-8246.250 reserved for expansion]
SUBCHAPTER F. BONDS
Sec. 8246.251. PETITION FOR BOND ELECTION. (a) A petition
requesting an election on the proposition of the issuance of bonds
for any purpose authorized in this chapter may be presented to the
board.
(b) The petition must be signed by at least 50 registered,
property tax paying voters residing in the district.
(c) The petition must state:
(1) the amount of bonds to be voted on;
(2) the general nature of the work to be done;
(3) the necessity for and feasibility of the work;
(4) the estimated cost; and
(5) the operating costs. (Acts 56th Leg., R.S., Ch.
95, Sec. 14.)
Sec. 8246.252. DATE AND NOTICE OF PETITION HEARING. (a) The
board shall set a date for a public hearing on the petition that is
not more than 30 days after the date the petition is filed with the
board.
(b) Notice of the hearing must be published once a week for
two consecutive weeks in a newspaper of general circulation in the
district. The first publication of notice must be not less than 20
days before the date of the hearing.
(c) The secretary shall post or cause to be posted for at
least 15 days before the date of the hearing a copy of the notice at
the courthouse door of Lavaca County and at three other public
places in the district that will give reasonable notice throughout
the district. (Acts 56th Leg., R.S., Ch. 95, Sec. 15.)
Sec. 8246.253. HEARING AND DETERMINATION ON PETITION. (a)
The board shall consider and determine all matters brought before
the board at the hearing.
(b) If the board determines that the proposed improvements
are feasible and practicable and a benefit to the public, the board
shall grant the petition and order the requested election. If the
board refuses the petition, the board's reasons must be stated in
the minutes of the board. The board's decision is final. (Acts
56th Leg., R.S., Ch. 95, Sec. 16.)
Sec. 8246.254. ELECTION FOR, ISSUANCE OF, AND SALE OF
BONDS. (a) Except as provided by this section, the election for,
issuance of, and sale of district bonds are governed by the
provisions of Chapters 1201, 1207, 1251, and 1431, Government Code,
that pertain to the election for, issuance of, and sale of bonds by
counties.
(b) As determined by the board, district bonds mature
serially not later than 30 years after the date of their issuance.
(c) District bonds may be sold only by sealed competitive
bids to the highest bidder.
(d) Notice of a proposed sale must be published in a
financial publication of general circulation in this state once a
week for two consecutive weeks. The date of the first publication
must be at least 15 days before the date of the proposed sale.
(e) District bonds must be signed by the president and
attested by the secretary. (Acts 56th Leg., R.S., Ch. 95, Sec. 17.)
CHAPTER 8259. LONGHORN TOWN UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8259.001. DEFINITIONS
Sec. 8259.002. NATURE OF DISTRICT
Sec. 8259.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8259.004. DISTRICT TERRITORY
[Sections 8259.005-8259.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8259.051. COMPOSITION OF BOARD
[Sections 8259.052-8259.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8259.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8259. LONGHORN TOWN UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8259.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Longhorn Town Utility
District of Harris County, Texas. (Acts 62nd Leg., R.S., Ch. 659,
Sec. 1 (part); New.)
Sec. 8259.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Harris County created
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
R.S., Ch. 659, Sec. 1 (part).)
Sec. 8259.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 659, Secs. 1 (part), 3.)
Sec. 8259.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 659, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bonds for
a purpose for which the district is created or to pay the principal
of and interest on the bonds;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 659, Sec. 2; New.)
[Sections 8259.005-8259.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8259.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 659, Sec. 6 (part).)
[Sections 8259.052-8259.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8259.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 659, Sec. 5 (part); New.)
CHAPTER 8260. LOUETTA NORTH PUBLIC UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8260.001. DEFINITIONS
Sec. 8260.002. NATURE OF DISTRICT
Sec. 8260.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8260.004. DISTRICT TERRITORY
[Sections 8260.005-8260.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8260.051. COMPOSITION OF BOARD
[Sections 8260.052-8260.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8260.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8260. LOUETTA NORTH PUBLIC UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8260.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Louetta North Public Utility
District. (Acts 62nd Leg., R.S., Ch. 685, Sec. 1 (part); New.)
Sec. 8260.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Harris County created
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
R.S., Ch. 685, Sec. 1 (part).)
Sec. 8260.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 685, Secs. 1 (part), 3.)
Sec. 8260.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 685, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 685, Sec. 2; New.)
[Sections 8260.005-8260.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8260.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 685, Sec. 6 (part).)
[Sections 8260.052-8260.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8260.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 685, Sec. 5 (part); New.)
CHAPTER 8262. LOUETTA ROAD UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8262.001. DEFINITIONS
Sec. 8262.002. NATURE OF DISTRICT
Sec. 8262.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8262.004. DISTRICT TERRITORY
Sec. 8262.005. EXPANSION OF DISTRICT
Sec. 8262.006. STATE POLICY REGARDING WASTE DISPOSAL
[Sections 8262.007-8262.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8262.051. COMPOSITION OF BOARD
Sec. 8262.052. DIRECTOR'S BOND
Sec. 8262.053. ABSENCE OR INACTION OF BOARD PRESIDENT
Sec. 8262.054. DISTRICT OFFICE
[Sections 8262.055-8262.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8262.101. MUNICIPAL UTILITY DISTRICT POWERS
Sec. 8262.102. ADDITIONAL POWERS
Sec. 8262.103. EMINENT DOMAIN
Sec. 8262.104. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 8262.105. CONTRACT FOR PURCHASE OF WATER, SEWER,
OR DRAINAGE SERVICES; ELECTION NOT
REQUIRED
Sec. 8262.106. NOTICE OF ELECTION
Sec. 8262.107. DISTRICT RULES
[Sections 8262.108-8262.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8262.151. TAX METHOD
Sec. 8262.152. DISTRICT ACCOUNTS
Sec. 8262.153. COPY OF AUDIT REPORT
Sec. 8262.154. PAYMENT OF TAX OR ASSESSMENT NOT
REQUIRED
Sec. 8262.155. DEPOSITORY
[Sections 8262.156-8262.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8262.201. LOST OR MUTILATED BONDS
Sec. 8262.202. USE OF BOND PROCEEDS DURING
CONSTRUCTION
Sec. 8262.203. REFUNDING BONDS
CHAPTER 8262. LOUETTA ROAD UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8262.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Louetta Road Utility
District. (Acts 61st Leg., R.S., Ch. 749, Sec. 1 (part); New.)
Sec. 8262.002. NATURE OF DISTRICT. The district is a
municipal utility district and a conservation and reclamation
district in Harris County created under Section 59, Article XVI,
Texas Constitution. (Acts 61st Leg., R.S., Ch. 749, Sec. 1 (part);
New.)
Sec. 8262.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution.
(d) The accomplishment of the purposes stated in this
chapter is for the benefit of the people of this state and for the
improvement of their property and industries. The district in
carrying out the purposes of this chapter will be performing an
essential public function under the Texas Constitution. (Acts 61st
Leg., R.S., Ch. 749, Secs. 1 (part), 4, 24 (part).)
Sec. 8262.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2, Chapter 749, Acts
of the 61st Legislature, Regular Session, 1969, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code;
(3) Section 9, Chapter 749, Acts of the 61st
Legislature, Regular Session, 1969; or
(4) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or the
board. (Acts 61st Leg., R.S., Ch. 749, Sec. 3; New.)
Sec. 8262.005. EXPANSION OF DISTRICT. (a) If land is
annexed by the district under Section 49.301, Water Code, the board
may require the petitioners to:
(1) assume the petitioners' pro rata share of the voted
but unissued bonds of the district; and
(2) authorize the board to impose a tax on the
petitioners' property to pay for the bonds after the bonds have been
issued.
(b) If land is annexed by the district under Section 49.302,
Water Code, the board may submit to the voters of the area to be
annexed a proposition on the question of the assumption by the area
to be annexed of its part of the voted but not yet issued or sold tax
or tax-revenue bonds of the district and the imposition of an ad
valorem tax on taxable property in the area to be annexed along with
a tax in the rest of the district for the payment of the bonds.
(c) If the petitioners consent or if the election results
favorably, the district may issue its voted but unissued tax or
tax-revenue bonds regardless of changes to district boundaries
since the original voting or authorization of the bonds. (Acts 61st
Leg., R.S., Ch. 749, Sec. 9.)
Sec. 8262.006. STATE POLICY REGARDING WASTE DISPOSAL. The
district's powers and duties are subject to the state policy of
encouraging the development and use of integrated area-wide waste
collection, treatment, and disposal systems to serve the waste
disposal needs of this state's residents, if integrated systems can
reasonably be provided for an area, so as to avoid the economic
burden on residents and the effect on state water quality caused by
the construction and operation of numerous small waste collection,
treatment, and disposal facilities. (Acts 61st Leg., R.S., Ch.
749, Sec. 5 (part).)
[Sections 8262.007-8262.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8262.051. COMPOSITION OF BOARD. The board consists of
five elected directors. (Acts 61st Leg., R.S., Ch. 749, Sec. 10
(part).)
Sec. 8262.052. DIRECTOR'S BOND. Each director shall
qualify by giving bond in the amount of $5,000 for the faithful
performance of the director's duties. (Acts 61st Leg., R.S., Ch.
749, Sec. 10 (part).)
Sec. 8262.053. ABSENCE OR INACTION OF BOARD PRESIDENT. (a)
When the board president is absent or fails or declines to act, the
board vice president shall perform all duties and exercise all
power this chapter or general law gives the president.
(b) If the board president is absent from a board meeting:
(1) the board vice president may sign an order or other
action adopted at the meeting; or
(2) the board may authorize the president to sign the
order or implement the action. (Acts 61st Leg., R.S., Ch. 749, Sec.
10 (part).)
Sec. 8262.054. DISTRICT OFFICE. (a) Except as provided by
this section, the board shall designate, establish, and maintain a
district office as provided by Section 49.062, Water Code.
(b) The board may establish a second district office outside
the district. If the board establishes a second district office,
the board shall give notice of the location of that office by:
(1) filing a copy of the board resolution that
establishes the location of the office:
(A) with the Texas Commission on Environmental
Quality; and
(B) in the municipal utility district records of
each county in which the district is located; and
(2) publishing notice of the location of the office in
a newspaper of general circulation in each county in which the
district is located.
(c) A district office that is a private residence, office,
or dwelling is a public place for matters relating to the district's
business.
(d) The board shall provide notice of any change in the
location of the district office outside the district in the manner
required by Subsection (b). (Acts 61st Leg., R.S., Ch. 749, Sec.
15.)
[Sections 8262.055-8262.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8262.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has all of the rights, powers, privileges, and functions
conferred and imposed by the general law of this state relating to
municipal utility districts created under Section 59, Article XVI,
Texas Constitution, including those conferred by Chapters 49 and
54, Water Code. (Acts 61st Leg., R.S., Ch. 749, Sec. 5 (part).)
Sec. 8262.102. ADDITIONAL POWERS. (a) The district may:
(1) make, purchase, construct, lease, or otherwise
acquire property, works, facilities, existing improvements, or
improvements to be made, constructed, or acquired that are:
(A) inside or outside the district's boundaries;
and
(B) necessary to carry out the powers granted by
this chapter or general law; or
(2) enter into a contract with a person on terms the
board considers desirable, fair, and advantageous for:
(A) the purchase or sale of water;
(B) the transportation, treatment, and disposal
of the domestic, industrial, or communal wastes of the district or
others;
(C) the continuing and orderly development of
land and property in the district through the purchase,
construction, or installation of facilities, works, or
improvements that the district is otherwise authorized to do or
perform so that, to the greatest extent reasonably possible,
considering sound engineering and economic practices, all of the
land and property may ultimately receive the services of the
facilities, works, or improvements; and
(D) the performance of any of the powers granted
by this chapter or general law.
(b) A contract under Subsection (a)(2) may not have a
duration of more than 40 years. (Acts 61st Leg., R.S., Ch. 749,
Sec. 5 (part).)
Sec. 8262.103. EMINENT DOMAIN. The district may exercise
the power of eminent domain only:
(1) in a county in which the district is located; and
(2) when necessary to carry out the purposes for which
the district was created. (Acts 61st Leg., R.S., Ch. 749, Sec. 13
(part).)
Sec. 8262.104. COST OF RELOCATING OR ALTERING PROPERTY.
(a) In this section, "sole expense" means the actual cost of
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of a facility described by Subsection (b)
in providing comparable replacement without enhancement of the
facility, after deducting from that cost the net salvage value of
the old facility.
(b) If the district's exercise of the power of eminent
domain, the power of relocation, or any other power conferred by
this chapter makes necessary the relocation, raising, rerouting,
changing the grade, or alteration of the construction of a highway,
a railroad, an electric transmission line, a telegraph or telephone
property or facility, or a pipeline, the necessary action shall be
accomplished at the sole expense of the district. (Acts 61st Leg.,
R.S., Ch. 749, Sec. 13 (part).)
Sec. 8262.105. CONTRACT FOR PURCHASE OF WATER, SEWER, OR
DRAINAGE SERVICES; ELECTION NOT REQUIRED. (a) The district and a
political subdivision may enter into a contract for water, sewer,
or drainage services or any combination of those services without
the necessity of an election by any contracting party to approve the
contract.
(b) The district may pay for an obligation incurred by such
a contract by issuing bonds that, if otherwise necessary, have been
approved by the voters in the manner provided by this chapter.
(c) The district may deliver the district's bonds to the
United States or an agency or instrumentality of the United States,
or to this state or an agency or instrumentality of this state, that
entered into a contract with the district. (Acts 61st Leg., R.S.,
Ch. 749, Sec. 5 (part).)
Sec. 8262.106. NOTICE OF ELECTION. The board president or
secretary may give notice of an election. (Acts 61st Leg., R.S.,
Ch. 749, Sec. 19.)
Sec. 8262.107. DISTRICT RULES. The district shall adopt
and enforce reasonable and effective rules to secure and maintain
safe, sanitary, and adequate plumbing installations, connections,
and appurtenances as subsidiary parts of the district's sewerage
system to preserve the quality of water within or controlled by the
district. (Acts 61st Leg., R.S., Ch. 749, Sec. 16.)
[Sections 8262.108-8262.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8262.151. TAX METHOD. (a) The district shall use the
ad valorem plan of taxation.
(b) The board is not required to call or hold a hearing on
the adoption of a plan of taxation. (Acts 61st Leg., R.S., Ch. 749,
Sec. 8.)
Sec. 8262.152. DISTRICT ACCOUNTS. The district shall keep
a complete system of the district's accounts. (Acts 61st Leg.,
R.S., Ch. 749, Sec. 14 (part).)
Sec. 8262.153. COPY OF AUDIT REPORT. A copy of the audit
report prepared under Subchapter G, Chapter 49, Water Code, shall
be delivered:
(1) to each director; and
(2) to a holder of at least 25 percent of the
outstanding bonds of the district, on request. (Acts 61st Leg.,
R.S., Ch. 749, Sec. 14 (part); New.)
Sec. 8262.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
The district is not required to pay a tax or assessment on:
(1) district property; or
(2) a purchase made by the district. (Acts 61st Leg.,
R.S., Ch. 749, Sec. 24 (part).)
Sec. 8262.155. DEPOSITORY. (a) The board shall select one
or more banks in this state to act as depository for the district's
money.
(b) To the extent that money in the depository bank is not
insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds.
(c) A director may be a shareholder in a bank that is a
depository of district money. (Acts 61st Leg., R.S., Ch. 749, Sec.
14 (part).)
[Sections 8262.156-8262.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8262.201. LOST OR MUTILATED BONDS. A trust indenture
securing bonds issued under this chapter may provide for the
issuance of bonds to replace lost or mutilated bonds. (Acts 61st
Leg., R.S., Ch. 749, Sec. 12 (part).)
Sec. 8262.202. USE OF BOND PROCEEDS DURING CONSTRUCTION.
(a) The district may appropriate or set aside out of the proceeds
from the sale of any bonds issued under this chapter an amount for
the payment of interest, administrative, and operating expenses
expected to accrue during a period of construction, as may be
provided in the bond orders or resolutions.
(b) For purposes of this section, the period of construction
may not exceed three years. (Acts 61st Leg., R.S., Ch. 749, Sec. 12
(part).)
Sec. 8262.203. REFUNDING BONDS. (a) By order or resolution
adopted by the board, the district may issue revenue refunding
bonds or tax-revenue refunding bonds to refund revenue bonds or
tax-revenue bonds, whether original bonds or refunding bonds,
previously issued by the district.
(b) The comptroller shall register the refunding bonds on
the surrender and cancellation of the bonds to be refunded.
(c) Instead of issuing bonds to be registered on the
surrender and cancellation of the bonds to be refunded, the
district, in the order or resolution authorizing the issuance of
the refunding bonds, may provide for the sale of the refunding bonds
and the deposit of the proceeds in the place or places where the
bonds to be refunded are payable. In that case, the refunding bonds
may be issued if an amount sufficient to pay the principal of and
interest on the bonds to be refunded to their maturity dates, or to
their option dates if according to their terms the bonds have been
called for payment before maturity, has been deposited in the place
or places where the bonds to be refunded are payable, and the
comptroller shall register the refunding bonds without the
surrender and cancellation of the bonds to be refunded. (Acts 61st
Leg., R.S., Ch. 749, Sec. 12 (part).)
CHAPTER 8271. LANGHAM CREEK UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8271.001. DEFINITIONS
Sec. 8271.002. NATURE OF DISTRICT
Sec. 8271.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8271.004. DISTRICT TERRITORY
Sec. 8271.005. EXPANSION OF DISTRICT
Sec. 8271.006. STATE POLICY REGARDING WASTE DISPOSAL
[Sections 8271.007-8271.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8271.051. COMPOSITION OF BOARD
Sec. 8271.052. DIRECTOR'S BOND
Sec. 8271.053. ABSENCE OR INACTION OF BOARD PRESIDENT
Sec. 8271.054. DISTRICT OFFICE
[Sections 8271.055-8271.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8271.101. MUNICIPAL UTILITY DISTRICT POWERS
Sec. 8271.102. ADDITIONAL POWERS
Sec. 8271.103. EMINENT DOMAIN
Sec. 8271.104. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 8271.105. CONTRACT FOR PURCHASE OF WATER, SEWER,
OR DRAINAGE SERVICES; ELECTION NOT
REQUIRED
Sec. 8271.106. NOTICE OF ELECTION
Sec. 8271.107. DISTRICT RULES
[Sections 8271.108-8271.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8271.151. TAX METHOD
Sec. 8271.152. DISTRICT ACCOUNTS
Sec. 8271.153. COPY OF AUDIT REPORT
Sec. 8271.154. PAYMENT OF TAX OR ASSESSMENT NOT
REQUIRED
Sec. 8271.155. DEPOSITORY
[Sections 8271.156-8271.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8271.201. LOST OR MUTILATED BONDS
Sec. 8271.202. USE OF BOND PROCEEDS DURING
CONSTRUCTION
Sec. 8271.203. REFUNDING BONDS
CHAPTER 8271. LANGHAM CREEK UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8271.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Langham Creek Utility
District. (Acts 61st Leg., R.S., Ch. 306, Sec. 1 (part); New.)
Sec. 8271.002. NATURE OF DISTRICT. The district is a
municipal utility district and a conservation and reclamation
district in Harris County created under Section 59, Article XVI,
Texas Constitution. (Acts 61st Leg., R.S., Ch. 306, Sec. 1 (part);
New.)
Sec. 8271.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution.
(d) The accomplishment of the purposes stated in this
chapter is for the benefit of the people of this state and for the
improvement of their property and industries. The district in
carrying out the purposes of this chapter will be performing an
essential public function under the Texas Constitution. (Acts 61st
Leg., R.S., Ch. 306, Secs. 1 (part), 4, 24 (part).)
Sec. 8271.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2, Chapter 306, Acts
of the 61st Legislature, Regular Session, 1969, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code;
(3) Section 9, Chapter 306, Acts of the 61st
Legislature, Regular Session, 1969; or
(4) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bonds for
a purpose for which the district is created or to pay the principal
of and interest on the bonds;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or the
board. (Acts 61st Leg., R.S., Ch. 306, Sec. 3; New.)
Sec. 8271.005. EXPANSION OF DISTRICT. (a) If land is
annexed by the district under Section 49.301, Water Code, the board
may require the petitioners to:
(1) assume the petitioners' pro rata share of the voted
but unissued bonds of the district; and
(2) authorize the board to impose a tax on the
petitioners' property to pay for the bonds after the bonds have been
issued.
(b) If land is annexed by the district under Section 49.302,
Water Code, the board may submit to the voters of the area to be
annexed a proposition on the question of the assumption by the area
to be annexed of its part of the voted but not yet issued or sold tax
or tax-revenue bonds of the district and the imposition of an ad
valorem tax on taxable property in the area to be annexed along with
a tax in the rest of the district for the payment of the bonds.
(c) If the petitioners consent or if the election results
favorably, the district may issue its voted but unissued tax or
tax-revenue bonds regardless of changes to district boundaries
since the original voting or authorization of the bonds. (Acts 61st
Leg., R.S., Ch. 306, Sec. 9.)
Sec. 8271.006. STATE POLICY REGARDING WASTE DISPOSAL. The
district's powers and duties are subject to the state policy of
encouraging the development and use of integrated area-wide waste
collection, treatment, and disposal systems to serve the waste
disposal needs of this state's residents, if integrated systems can
reasonably be provided for an area, so as to avoid the economic
burden on residents and the effect on state water quality caused by
the construction and operation of numerous small waste collection,
treatment, and disposal facilities. (Acts 61st Leg., R.S., Ch.
306, Sec. 5 (part).)
[Sections 8271.007-8271.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8271.051. COMPOSITION OF BOARD. The board consists of
five elected directors. (Acts 61st Leg., R.S., Ch. 306, Sec. 10
(part).)
Sec. 8271.052. DIRECTOR'S BOND. Each director shall
qualify by giving bond in the amount of $5,000 for the faithful
performance of the director's duties. (Acts 61st Leg., R.S., Ch.
306, Sec. 10 (part).)
Sec. 8271.053. ABSENCE OR INACTION OF BOARD PRESIDENT. (a)
When the board president is absent or fails or declines to act, the
board vice president shall perform all duties and exercise all
power this chapter or general law gives the president.
(b) If the board president is absent from a board meeting:
(1) the board vice president may sign an order or other
action adopted at the meeting; or
(2) the board may authorize the president to sign the
order or implement the action. (Acts 61st Leg., R.S., Ch. 306, Sec.
10 (part).)
Sec. 8271.054. DISTRICT OFFICE. (a) Except as provided by
this section, the board shall designate, establish, and maintain a
district office as provided by Section 49.062, Water Code.
(b) The board may establish a second district office outside
the district. If the board establishes a second district office,
the board shall give notice of the location of that office by:
(1) filing a copy of the board resolution that
establishes the location of the office:
(A) with the Texas Commission on Environmental
Quality; and
(B) in the municipal utility district records of
each county in which the district is located; and
(2) publishing notice of the location of the office in
a newspaper of general circulation in each county in which the
district is located.
(c) A district office that is a private residence, office,
or dwelling is a public place for matters relating to the district's
business.
(d) The board shall provide notice of any change in the
location of the district office outside the district in the manner
required by Subsection (b). (Acts 61st Leg., R.S., Ch. 306, Sec.
15.)
[Sections 8271.055-8271.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8271.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has all of the rights, powers, privileges, and functions
conferred and imposed by the general law of this state relating to
municipal utility districts created under Section 59, Article XVI,
Texas Constitution, including those conferred by Chapters 49 and
54, Water Code. (Acts 61st Leg., R.S., Ch. 306, Sec. 5 (part).)
Sec. 8271.102. ADDITIONAL POWERS. (a) The district may:
(1) make, purchase, construct, lease, or otherwise
acquire property, works, facilities, existing improvements, or
improvements to be made, constructed, or acquired that are:
(A) inside or outside the district's boundaries;
and
(B) necessary to carry out the powers granted by
this chapter or general law; or
(2) enter into a contract with a person on terms the
board considers desirable, fair, and advantageous for:
(A) the purchase or sale of water;
(B) the transportation, treatment, and disposal
of the domestic, industrial, or communal wastes of the district or
others;
(C) the continuing and orderly development of
land and property in the district through the purchase,
construction, or installation of facilities, works, or
improvements that the district is otherwise authorized to do or
perform so that, to the greatest extent reasonably possible,
considering sound engineering and economic practices, all of the
land and property may ultimately receive the services of the
facilities, works, or improvements; and
(D) the performance of any of the powers granted
by this chapter or general law.
(b) A contract under Subsection (a)(2) may not have a
duration of more than 40 years. (Acts 61st Leg., R.S., Ch. 306,
Sec. 5 (part).)
Sec. 8271.103. EMINENT DOMAIN. The district may exercise
the power of eminent domain only:
(1) in a county in which the district is located; and
(2) when necessary to carry out the purposes for which
the district was created. (Acts 61st Leg., R.S., Ch. 306, Sec. 13
(part).)
Sec. 8271.104. COST OF RELOCATING OR ALTERING PROPERTY.
(a) In this section, "sole expense" means the actual cost of
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of a facility described by Subsection (b)
in providing comparable replacement without enhancement of the
facility, after deducting from that cost the net salvage value of
the old facility.
(b) If the district's exercise of the power of eminent
domain, the power of relocation, or any other power conferred by
this chapter makes necessary the relocation, raising, rerouting,
changing the grade, or alteration of the construction of a highway,
a railroad, an electric transmission line, a telegraph or telephone
property or facility, or a pipeline, the necessary action shall be
accomplished at the sole expense of the district. (Acts 61st Leg.,
R.S., Ch. 306, Sec. 13 (part).)
Sec. 8271.105. CONTRACT FOR PURCHASE OF WATER, SEWER, OR
DRAINAGE SERVICES; ELECTION NOT REQUIRED. (a) The district and a
political subdivision may enter into a contract for water, sewer,
or drainage services or any combination of those services without
the necessity of an election by any contracting party to approve the
contract.
(b) The district may pay for an obligation incurred by such
a contract by issuing bonds that, if otherwise necessary, have been
approved by the voters in the manner provided by this chapter.
(c) The district may deliver the district's bonds to the
United States or an agency or instrumentality of the United States,
or to this state or an agency or instrumentality of this state, that
entered into a contract with the district. (Acts 61st Leg., R.S.,
Ch. 306, Sec. 5 (part).)
Sec. 8271.106. NOTICE OF ELECTION. The board president or
secretary may give notice of an election. (Acts 61st Leg., R.S.,
Ch. 306, Sec. 19.)
Sec. 8271.107. DISTRICT RULES. The district shall adopt
and enforce reasonable and effective rules to secure and maintain
safe, sanitary, and adequate plumbing installations, connections,
and appurtenances as subsidiary parts of the district's sewerage
system to preserve the quality of water within or controlled by the
district. (Acts 61st Leg., R.S., Ch. 306, Sec. 16.)
[Sections 8271.108-8271.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8271.151. TAX METHOD. (a) The district shall use the
ad valorem plan of taxation.
(b) The board is not required to call or hold a hearing on
the adoption of a plan of taxation. (Acts 61st Leg., R.S., Ch. 306,
Sec. 8.)
Sec. 8271.152. DISTRICT ACCOUNTS. The district shall keep
a complete system of the district's accounts. (Acts 61st Leg.,
R.S., Ch. 306, Sec. 14 (part).)
Sec. 8271.153. COPY OF AUDIT REPORT. A copy of the audit
report prepared under Subchapter G, Chapter 49, Water Code, shall
be delivered:
(1) to each director; and
(2) to a holder of at least 25 percent of the
outstanding bonds of the district, on request. (Acts 61st Leg.,
R.S., Ch. 306, Sec. 14 (part); New.)
Sec. 8271.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
The district is not required to pay a tax or assessment on:
(1) district property; or
(2) a purchase made by the district. (Acts 61st Leg.,
R.S., Ch. 306, Sec. 24 (part).)
Sec. 8271.155. DEPOSITORY. (a) The board shall select one
or more banks in this state to act as depository for the district's
money.
(b) To the extent that money in the depository bank is not
insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds.
(c) A director may be a shareholder in a bank that is a
depository of district money. (Acts 61st Leg., R.S., Ch. 306, Sec.
14 (part).)
[Sections 8271.156-8271.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8271.201. LOST OR MUTILATED BONDS. A trust indenture
securing bonds issued under this chapter may provide for the
issuance of bonds to replace lost or mutilated bonds. (Acts 61st
Leg., R.S., Ch. 306, Sec. 12 (part).)
Sec. 8271.202. USE OF BOND PROCEEDS DURING CONSTRUCTION.
(a) The district may appropriate or set aside out of the proceeds
from the sale of any bonds issued under this chapter an amount for
the payment of interest, administrative, and operating expenses
expected to accrue during a period of construction, as may be
provided in the bond orders or resolutions.
(b) For purposes of this section, the period of construction
may not exceed three years. (Acts 61st Leg., R.S., Ch. 306, Sec. 12
(part).)
Sec. 8271.203. REFUNDING BONDS. (a) By order or resolution
adopted by the board, the district may issue revenue refunding
bonds or tax-revenue refunding bonds to refund revenue bonds or
tax-revenue bonds, whether original bonds or refunding bonds,
previously issued by the district.
(b) The comptroller shall register the refunding bonds on
the surrender and cancellation of the bonds to be refunded.
(c) Instead of issuing bonds to be registered on the
surrender and cancellation of the bonds to be refunded, the
district, in the order or resolution authorizing the issuance of
the refunding bonds, may provide for the sale of the refunding bonds
and the deposit of the proceeds in the place or places where the
bonds to be refunded are payable. In that case, the refunding bonds
may be issued if an amount sufficient to pay the principal of and
interest on the bonds to be refunded to their maturity dates, or to
their option dates if according to their terms the bonds have been
called for payment before maturity, has been deposited in the place
or places where the bonds to be refunded are payable, and the
comptroller shall register the refunding bonds without the
surrender and cancellation of the bonds to be refunded. (Acts 61st
Leg., R.S., Ch. 306, Sec. 12 (part).)
CHAPTER 8272. HARRIS-MONTGOMERY COUNTIES MUNICIPAL
UTILITY DISTRICT NO. 386
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8272.001. DEFINITION
Sec. 8272.002. NATURE OF DISTRICT
Sec. 8272.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8272.004. DISTRICT TERRITORY
[Sections 8272.005-8272.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8272.051. COMPOSITION OF BOARD; TERMS
[Sections 8272.052-8272.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8272.101. MUNICIPAL UTILITY DISTRICT POWERS
Sec. 8272.102. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCES OR RESOLUTIONS
Sec. 8272.103. RELOCATING OR ALTERING PROPERTY; COSTS
Sec. 8272.104. UTILITY PROPERTY EXEMPT FROM IMPACT
FEES AND ASSESSMENTS
CHAPTER 8272. HARRIS-MONTGOMERY COUNTIES MUNICIPAL
UTILITY DISTRICT NO. 386
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8272.001. DEFINITION. In this chapter, "district"
means the Harris-Montgomery Counties Municipal Utility District
No. 386. (Acts 77th Leg., R.S., Ch. 1381, Sec. 2.)
Sec. 8272.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district created under Section 59,
Article XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1381,
Secs. 1(a) (part), (b) (part).)
Sec. 8272.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
77th Leg., R.S., Ch. 1381, Secs. 1(b) (part), 5.)
Sec. 8272.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 3, Chapter 1381,
Acts of the 77th Legislature, Regular Session, 2001, as that
territory may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in the field notes or in copying the field notes
in the legislative process does not affect:
(1) the district's organization, existence, or
validity;
(2) the validity of district bonds, notes, or other
indebtedness;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 77th Leg., R.S., Ch. 1381, Sec. 4; New.)
[Sections 8272.005-8272.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8272.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five directors.
(b) Directors serve staggered four-year terms. (Acts 77th
Leg., R.S., Ch. 1381, Secs. 8(a), (d).)
[Sections 8272.052-8272.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8272.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, functions, and duties
provided by general law applicable to a municipal utility district
created under Section 59, Article XVI, Texas Constitution,
including Chapters 49, 50, and 54, Water Code. (Acts 77th Leg.,
R.S., Ch. 1381, Sec. 6(a) (part).)
Sec. 8272.102. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
54.016, Water Code, the district shall comply with all applicable
requirements of any ordinance or resolution adopted by the city
council of the City of Houston, including an ordinance or
resolution adopted before September 1, 2001, that consents to the
creation of the district or to the inclusion of lands in the
district. (Acts 77th Leg., R.S., Ch. 1381, Sec. 12.)
Sec. 8272.103. RELOCATING OR ALTERING PROPERTY; COSTS. (a)
The district may relocate, raise, reroute, change the grade of, or
alter the construction of a highway, railroad, electric
transmission line, telecommunications or other public utility
facility, pipeline, canal, or drainage ditch if considered
necessary by the board of directors.
(b) The district shall pay for any relocation, raising,
rerouting, changing, or altering under this section, unless
otherwise agreed in writing by the interested parties.
(c) If a facility is replaced, the cost of replacement is
limited to an amount equal to the cost of replacing the facility
with a comparable facility, less the replaced facility's net
salvage value. (Acts 77th Leg., R.S., Ch. 1381, Sec. 7.)
Sec. 8272.104. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code; or
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code. (Acts 77th Leg., R.S., Ch. 1381,
Sec. 6(c).)
CHAPTER 8273. EL PASO COUNTY TORNILLO WATER IMPROVEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8273.001. DEFINITIONS
Sec. 8273.002. NATURE OF AUTHORITY
Sec. 8273.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8273.004. AUTHORITY TERRITORY
[Sections 8273.005-8273.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8273.051. COMPOSITION OF BOARD; TERMS
Sec. 8273.052. DIRECTOR'S BOND
Sec. 8273.053. OFFICIAL BOARD ACTIONS
Sec. 8273.054. COMPENSATION
Sec. 8273.055. CHANGING METHOD OF ELECTING DIRECTORS
[Sections 8273.056-8273.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8273.101. GENERAL POWERS
Sec. 8273.102. MUNICIPAL UTILITY DISTRICT POWERS
Sec. 8273.103. PERMITS; WATER SUPPLY ACQUISITION
Sec. 8273.104. DOMESTIC, INDUSTRIAL, OR COMMUNAL WASTE
Sec. 8273.105. WATER CONSERVATION PROGRAM
Sec. 8273.106. ADDITIONAL POWERS
Sec. 8273.107. CONSTRUCTION CONTRACTS
CHAPTER 8273. EL PASO COUNTY TORNILLO WATER IMPROVEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8273.001. DEFINITIONS. In this chapter:
(1) "Authority" means the El Paso County Tornillo
Water Improvement District.
(2) "Board" means the board of directors of the
authority.
(3) "Director" means a member of the board. (Acts 70th
Leg., R.S., Ch. 916, Secs. 1(a) (part), 2; New.)
Sec. 8273.002. NATURE OF AUTHORITY. The authority is a
conservation and reclamation district in El Paso County created
under Section 59, Article XVI, Texas Constitution. (Acts 70th
Leg., R.S., Ch. 916, Sec. 1(a) (part).)
Sec. 8273.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The authority is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the authority will benefit from the works and projects
accomplished by the authority under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the authority is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
70th Leg., R.S., Ch. 916, Secs. 1(b), 5.)
Sec. 8273.004. AUTHORITY TERRITORY. (a) The authority is
composed of the territory described by Section 3, Chapter 916, Acts
of the 70th Legislature, Regular Session, 1987, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the authority form a
closure. A mistake in the field notes or in copying the field notes
in the legislative process does not affect:
(1) the authority's organization, existence, or
validity;
(2) the authority's right to impose a tax; or
(3) the legality or operation of the authority or its
governing body. (Acts 70th Leg., R.S., Ch. 916, Sec. 4; New.)
[Sections 8273.005-8273.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8273.051. COMPOSITION OF BOARD; TERMS. (a) The
authority is governed by a board of seven directors elected to
numbered places.
(b) Directors serve staggered terms. (Acts 70th Leg., R.S.,
Ch. 916, Secs. 7(a), (b) (part), 9(b).)
Sec. 8273.052. DIRECTOR'S BOND. Each director shall
execute a bond for $5,000 payable to the authority and conditioned
on the faithful performance of the director's duties. (Acts 70th
Leg., R.S., Ch. 916, Sec. 7(g) (part).)
Sec. 8273.053. OFFICIAL BOARD ACTIONS. The affirmative
vote of a majority of the directors is required for any official
board action. (Acts 70th Leg., R.S., Ch. 916, Sec. 7(h) (part).)
Sec. 8273.054. COMPENSATION. Unless the board by
resolution increases the fee to an amount authorized by Section
49.060, Water Code, the authority may provide that each director is
entitled to receive $20 for each day of service necessary to
discharge the director's duties. (Acts 70th Leg., R.S., Ch. 916,
Sec. 7(j) (part); New.)
Sec. 8273.055. CHANGING METHOD OF ELECTING DIRECTORS. If
the board determines that it is in the best interest of the
residents of the authority to change the method by which directors
are elected, the board may adopt any plan of redistricting,
including a plan based on equal geographical areas. (Acts 70th
Leg., R.S., Ch. 916, Sec. 7(i).)
[Sections 8273.056-8273.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8273.101. GENERAL POWERS. The authority may perform
any act consistent with the powers granted by this chapter. (Acts
70th Leg., R.S., Ch. 916, Sec. 10(d) (part).)
Sec. 8273.102. MUNICIPAL UTILITY DISTRICT POWERS. The
authority has the rights, powers, privileges, and functions
conferred by the general law applicable to a municipal utility
district created under Section 59, Article XVI, Texas Constitution,
including Chapters 49, 50, and 54, Water Code. (Acts 70th Leg.,
R.S., Ch. 916, Sec. 6(a) (part); New.)
Sec. 8273.103. PERMITS; WATER SUPPLY ACQUISITION. The
authority may:
(1) acquire water appropriation permits, construction
permits, and other permits directly from the Texas Commission on
Environmental Quality or from owners of permits;
(2) acquire water or a water supply from any person,
including a public agency, this state, or the United States;
(3) contract with one or more substantial users of
water to acquire the water supply on an agreed allocation of storage
space between the authority and the user; or
(4) contract independently for the authority's water
supply. (Acts 70th Leg., R.S., Ch. 916, Sec. 10(a) (part).)
Sec. 8273.104. DOMESTIC, INDUSTRIAL, OR COMMUNAL WASTE.
The authority may collect, transport, process, dispose of, and
control all domestic, industrial, or communal waste, whether in
fluid, solid, or composite state. (Acts 70th Leg., R.S., Ch. 916,
Sec. 10(a) (part).)
Sec. 8273.105. WATER CONSERVATION PROGRAM. (a) In this
section, "program of water conservation" means the practices,
techniques, and technologies that will reduce water consumption,
reduce water loss or waste, improve efficiency in water use, or
increase water recycling and reuse so that a water supply is
available for future uses.
(b) The authority shall adopt and implement a program of
water conservation consistent with rules and criteria adopted and
enforced by the Texas Commission on Environmental Quality for
similarly situated districts in the region. (Acts 70th Leg., R.S.,
Ch. 916, Sec. 10(b).)
Sec. 8273.106. ADDITIONAL POWERS. The authority may
purchase, construct, acquire, own, lease, operate, maintain,
repair, improve, and extend, inside or outside the authority's
boundaries, land or an interest in land, any work, improvement,
facility, plant, equipment, or appliance incident, helpful, or
necessary to provide for:
(1) the control, storage, preservation, transmission,
treatment, and distribution and use of storm water, floodwater, the
water of rivers and streams, and groundwater for municipal,
domestic, industrial, and other beneficial uses; and
(2) the collection, transportation, processing,
disposition, and control of domestic, industrial, or commercial
waste. (Acts 70th Leg., R.S., Ch. 916, Sec. 10(c).)
Sec. 8273.107. CONSTRUCTION CONTRACTS. (a) The authority
may award a construction contract that requires an expenditure of
more than $12,500 only after publication of notice to bidders once
each week for two consecutive weeks immediately before awarding the
contract.
(b) The notice must be published in a newspaper with general
circulation in the authority, as designated by the board.
(c) The notice must state:
(1) the time and place for opening the bids;
(2) the general nature of the work to be done or the
material, equipment, or supplies to be purchased; and
(3) the terms on which copies of the plans and
specifications may be obtained.
(d) The authority is not required to advertise work to be
performed in an emergency. (Acts 70th Leg., R.S., Ch. 916, Sec. 11.)
CHAPTER 8274. HARRIS COUNTY UTILITY DISTRICT NO. 6
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8274.001. DEFINITIONS
Sec. 8274.002. NATURE OF DISTRICT
Sec. 8274.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8274.004. DISTRICT TERRITORY
Sec. 8274.005. EXPANSION OF DISTRICT
Sec. 8274.006. STATE POLICY REGARDING WASTE DISPOSAL
Sec. 8274.007. LIBERAL CONSTRUCTION OF CHAPTER
[Sections 8274.008-8274.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8274.051. COMPOSITION OF BOARD
Sec. 8274.052. DIRECTOR'S BOND
Sec. 8274.053. ABSENCE OR INACTION OF BOARD PRESIDENT
Sec. 8274.054. DISTRICT OFFICE
[Sections 8274.055-8274.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8274.101. MUNICIPAL UTILITY DISTRICT POWERS
Sec. 8274.102. ADDITIONAL POWERS
Sec. 8274.103. EMINENT DOMAIN
Sec. 8274.104. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 8274.105. CONTRACT FOR PURCHASE OF WATER, SEWER,
OR DRAINAGE SERVICES; ELECTION NOT
REQUIRED
Sec. 8274.106. NOTICE OF ELECTION
[Sections 8274.107-8274.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8274.151. TAX METHOD
Sec. 8274.152. TAX TO PAY OBLIGATIONS INCURRED UNDER
CONTRACT FOR WATER PURCHASE
Sec. 8274.153. DISTRICT ACCOUNTS
Sec. 8274.154. FISCAL YEAR
Sec. 8274.155. COPY OF AUDIT REPORT
Sec. 8274.156. PAYMENT OF TAX OR ASSESSMENT NOT
REQUIRED
Sec. 8274.157. DEPOSITORY
[Sections 8274.158-8274.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8274.201. AUTHORITY TO ISSUE BONDS
Sec. 8274.202. USE OF BOND PROCEEDS OUTSIDE DISTRICT
Sec. 8274.203. USE OF BOND PROCEEDS DURING
CONSTRUCTION
Sec. 8274.204. LOST OR MUTILATED BONDS
Sec. 8274.205. REFUNDING BONDS
CHAPTER 8274. HARRIS COUNTY UTILITY DISTRICT NO. 6
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8274.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Harris County Utility
District No. 6. (Acts 61st Leg., R.S., Ch. 391, Sec. 1 (part);
New.)
Sec. 8274.002. NATURE OF DISTRICT. The district is a
municipal utility district and a conservation and reclamation
district in Harris County created under Section 59, Article XVI,
Texas Constitution. (Acts 61st Leg., R.S., Ch. 391, Sec. 1 (part);
New.)
Sec. 8274.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution.
(d) The accomplishment of the purposes stated in this
chapter is for the benefit of the people of this state and for the
improvement of their property and industries. The district in
carrying out the purposes of this chapter will be performing an
essential public function under the Texas Constitution. (Acts 61st
Leg., R.S., Ch. 391, Secs. 1 (part), 4, 24 (part).)
Sec. 8274.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2, Chapter 391, Acts
of the 61st Legislature, Regular Session, 1969, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code;
(3) Section 9, Chapter 391, Acts of the 61st
Legislature, Regular Session, 1969; or
(4) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or the
board. (Acts 61st Leg., R.S., Ch. 391, Sec. 3; New.)
Sec. 8274.005. EXPANSION OF DISTRICT. (a) If land is
annexed to the district under Section 49.301, Water Code, the board
may require the petitioners to:
(1) allow the assumption by the area to be annexed of
its pro rata share of the taxes necessary to support voted but
unissued tax or tax-revenue bonds of the district; and
(2) authorize the board to impose a tax on the
petitioners' property to pay for the bonds after the bonds have been
issued.
(b) If land is annexed to the district under Section 49.302,
Water Code, the board may submit to the voters of the area to be
annexed a proposition on the question of the assumption by the area
to be annexed of its pro rata share of the voted but not yet issued
or sold tax or tax-revenue bonds of the district and the imposition
of an ad valorem tax on taxable property in the area to be annexed
along with a tax in the rest of the district for the payment of the
bonds.
(c) If the petitioners consent or if the election results
favorably, the district may issue its voted but unissued tax or
tax-revenue bonds regardless of changes to district boundaries
since the original voting or authorization of the bonds. (Acts 61st
Leg., R.S., Ch. 391, Sec. 9.)
Sec. 8274.006. STATE POLICY REGARDING WASTE DISPOSAL. The
district's powers and functions are subject to the state policy of
encouraging the development and use of integrated area-wide waste
collection, treatment, and disposal systems to serve the waste
disposal needs of this state's residents, if integrated systems can
reasonably be provided for an area, so as to avoid the economic
burden on residents and the effect on state water quality caused by
the construction and operation of numerous small waste collection,
treatment, and disposal facilities. (Acts 61st Leg., R.S., Ch.
391, Sec. 5.A (part).)
Sec. 8274.007. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed to effect the purposes,
powers, rights, and functions stated in this chapter. (Acts 61st
Leg., R.S., Ch. 391, Sec. 25 (part).)
[Sections 8274.008-8274.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8274.051. COMPOSITION OF BOARD. The board consists of
five directors elected by position. (Acts 61st Leg., R.S., Ch. 391,
Sec. 10 (part).)
Sec. 8274.052. DIRECTOR'S BOND. Each director shall
qualify by giving bond in the amount of $5,000 for the faithful
performance of the director's duties. (Acts 61st Leg., R.S., Ch.
391, Sec. 10 (part).)
Sec. 8274.053. ABSENCE OR INACTION OF BOARD PRESIDENT. (a)
When the board president is absent or fails or declines to act, the
board vice president shall perform all duties and exercise all
power this chapter or general law gives the president.
(b) If the board president is absent from a board meeting:
(1) the board vice president may sign an order or other
action adopted at the meeting; or
(2) the board may authorize the president to sign the
order or other action. (Acts 61st Leg., R.S., Ch. 391, Sec. 10
(part).)
Sec. 8274.054. DISTRICT OFFICE. (a) Except as provided by
this section, the board shall designate, establish, and maintain a
district office as provided by Section 49.062, Water Code.
(b) The board may establish a second district office outside
the district. If the board establishes a second district office,
the board shall give notice of the location of that office by:
(1) filing a copy of the board resolution that
establishes the location of the office:
(A) with the Texas Commission on Environmental
Quality; and
(B) in the municipal utility district records of
Harris County; and
(2) publishing notice of the location of the office in
a newspaper of general circulation in Harris County.
(c) A district office that is a private residence, office,
or dwelling is a public place for matters relating to the district's
business.
(d) The board shall provide notice of any change in the
location of the district office outside the district in the manner
required by Subsection (b). (Acts 61st Leg., R.S., Ch. 391, Sec.
15.)
[Sections 8274.055-8274.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8274.101. MUNICIPAL UTILITY DISTRICT POWERS. (a) The
district has all of the rights, powers, privileges, and functions
conferred and imposed by the general law of this state relating to
municipal utility districts created under Section 59, Article XVI,
Texas Constitution, including those conferred by Chapters 49 and
54, Water Code.
(b) The district may exercise inside or outside the
district's boundaries any of the rights or powers granted by this
chapter or under the general law relating to municipal utility
districts, including the provision of water, sanitary sewerage, and
drainage services. (Acts 61st Leg., R.S., Ch. 391, Secs. 5.A
(part), 16 (part).)
Sec. 8274.102. ADDITIONAL POWERS. (a) The district may:
(1) make, purchase, construct, lease, or otherwise
acquire, inside or outside the district's boundaries, property,
works, facilities, or improvements, whether previously existing or
to be made, constructed, or acquired, that are necessary to carry
out the powers granted by this chapter or general law; or
(2) enter into a contract with a person on terms the
board considers desirable, fair, and advantageous for:
(A) the purchase or sale of water;
(B) the transportation, treatment, and disposal
of the domestic, industrial, or communal wastes of the district or
others, including the purposes provided by Chapter 30, Water Code;
(C) the continuing and orderly development of
land and property in the district through the purchase,
construction, or installation of facilities, works, or
improvements that the district is otherwise authorized to do or
perform so that, to the greatest extent reasonably possible,
considering sound engineering and economic practices, all of the
land and property may ultimately receive the services of the
facilities, works, or improvements; and
(D) the performance of any of the powers granted
by this chapter or the general law.
(b) A contract under Subsection (a)(2) may not have a
duration of more than 40 years. (Acts 61st Leg., R.S., Ch. 391,
Sec. 5.B (part).)
Sec. 8274.103. EMINENT DOMAIN. The district may exercise
the power of eminent domain only:
(1) in a county in which the district is located; and
(2) when necessary to carry out the purposes for which
the district was created. (Acts 61st Leg., R.S., Ch. 391, Sec. 13
(part).)
Sec. 8274.104. COST OF RELOCATING OR ALTERING PROPERTY.
(a) In this section, "sole expense" means the actual cost of
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of a facility described by Subsection (b)
in providing comparable replacement without enhancement of the
facility, after deducting from that cost the net salvage value of
the old facility.
(b) If the district's exercise of the power of eminent
domain, the power of relocation, or any other power conferred by
this chapter makes necessary the relocation, raising, rerouting,
changing the grade, or alteration of the construction of a highway,
a railroad, an electric transmission line, a telegraph or telephone
property or facility, or a pipeline, the necessary action shall be
accomplished at the sole expense of the district. (Acts 61st Leg.,
R.S., Ch. 391, Sec. 13 (part).)
Sec. 8274.105. CONTRACT FOR PURCHASE OF WATER, SEWER, OR
DRAINAGE SERVICES; ELECTION NOT REQUIRED. (a) The district and a
political subdivision may enter into a contract for water, sewer,
or drainage services or any combination of those services without
the necessity of an election by any contracting party to approve the
contract.
(b) The district may pay for an obligation incurred by such
a contract by issuing bonds that, if otherwise necessary, have been
approved by the voters in the manner provided by this chapter.
(c) The district may deliver the district's bonds to the
United States or an agency or instrumentality of the United States,
or this state or an agency or instrumentality of this state, that
entered into a contract with the district. (Acts 61st Leg., R.S.,
Ch. 391, Sec. 5.B (part).)
Sec. 8274.106. NOTICE OF ELECTION. The board president or
secretary may give notice of an election. (Acts 61st Leg., R.S.,
Ch. 391, Sec. 19.)
[Sections 8274.107-8274.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8274.151. TAX METHOD. (a) The district shall use the
ad valorem plan of taxation.
(b) The board is not required to call or hold a hearing on
the adoption of a plan of taxation. (Acts 61st Leg., R.S., Ch. 391,
Sec. 8.)
Sec. 8274.152. TAX TO PAY OBLIGATIONS INCURRED UNDER
CONTRACT FOR WATER PURCHASE. (a) If the tax is authorized at an
election held for that purpose in the manner provided by Section
49.107, Water Code, the district may impose a tax and pledge the tax
for the payment of all or part of an obligation incurred under a
contract to purchase water.
(b) The election may be held in conjunction with an election
authorizing tax bonds or authorizing a maintenance tax. (Acts 61st
Leg., R.S., Ch. 391, Sec. 5.B (part).)
Sec. 8274.153. DISTRICT ACCOUNTS. The district shall keep
a complete system of the district's accounts. (Acts 61st Leg.,
R.S., Ch. 391, Sec. 14 (part).)
Sec. 8274.154. FISCAL YEAR. The fiscal year of the district
is from January 1 to December 31 of the same year. (Acts 61st Leg.,
R.S., Ch. 391, Sec. 14 (part).)
Sec. 8274.155. COPY OF AUDIT REPORT. A copy of the audit
report prepared under Subchapter G, Chapter 49, Water Code, shall
be delivered:
(1) to each director; and
(2) to a holder of at least 25 percent of the
outstanding bonds of the district, on request. (Acts 61st Leg.,
R.S., Ch. 391, Sec. 14 (part); New.)
Sec. 8274.156. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
The district is not required to pay a tax or assessment on:
(1) district property; or
(2) a purchase made by the district. (Acts 61st Leg.,
R.S., Ch. 391, Sec. 24 (part).)
Sec. 8274.157. DEPOSITORY. (a) The board shall select one
or more banks in this state to act as depository for the district's
money.
(b) To the extent that money in the depository bank is not
insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds.
(c) A director may be a shareholder in a bank that is a
depository of district money. (Acts 61st Leg., R.S., Ch. 391, Sec.
14 (part).)
[Sections 8274.158-8274.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8274.201. AUTHORITY TO ISSUE BONDS. The district may
vote and issue any kind of bonds or issue refunding bonds for
contiguous or noncontiguous areas for any district purpose. (Acts
61st Leg., R.S., Ch. 391, Sec. 16 (part).)
Sec. 8274.202. USE OF BOND PROCEEDS OUTSIDE DISTRICT. The
proceeds from the sale of tax-supported district bonds may not be
spent outside the district unless the expenditure is absolutely
necessary to the operation of the district in the exercise of the
district's rights, powers, privileges, and functions. (Acts 61st
Leg., R.S., Ch. 391, Sec. 16 (part).)
Sec. 8274.203. USE OF BOND PROCEEDS DURING CONSTRUCTION.
(a) The district may appropriate or set aside out of the proceeds
from the sale of any bonds issued under this chapter an amount for
the payment of interest, administrative, and operating expenses
expected to accrue during a period of construction, as may be
provided in the bond orders or resolutions.
(b) For purposes of this section, the period of construction
may not exceed three years. (Acts 61st Leg., R.S., Ch. 391, Sec. 12
(part).)
Sec. 8274.204. LOST OR MUTILATED BONDS. A trust indenture
securing bonds issued under this chapter may provide for the
issuance of bonds to replace lost or mutilated bonds. (Acts 61st
Leg., R.S., Ch. 391, Sec. 12 (part).)
Sec. 8274.205. REFUNDING BONDS. (a) By order or resolution
adopted by the board, the district may issue revenue refunding
bonds or tax-revenue refunding bonds to refund revenue bonds or
tax-revenue bonds, whether original bonds or refunding bonds,
previously issued by the district.
(b) The comptroller shall register the refunding bonds on
the surrender and cancellation of the bonds to be refunded.
(c) Instead of issuing bonds to be registered on the
surrender and cancellation of the bonds to be refunded, the
district, in the order or resolution authorizing the issuance of
the refunding bonds, may provide for the sale of the refunding bonds
and the deposit of the proceeds in the place or places where the
bonds to be refunded are payable. In that case, the refunding bonds
may be issued if an amount sufficient to pay the principal of and
interest on the bonds to be refunded to their maturity dates, or to
their option dates if according to their terms the bonds have been
called for payment before maturity, has been deposited in the place
or places where the bonds to be refunded are payable, and the
comptroller shall register the refunding bonds without the
surrender and cancellation of the bonds to be refunded. (Acts 61st
Leg., R.S., Ch. 391, Sec. 12 (part).)
CHAPTER 8275. HARRIS COUNTY UTILITY DISTRICT NO. 14
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8275.001. DEFINITIONS
Sec. 8275.002. NATURE OF DISTRICT
Sec. 8275.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8275.004. DISTRICT TERRITORY
[Sections 8275.005-8275.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8275.051. COMPOSITION OF BOARD
[Sections 8275.052-8275.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8275.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8275. HARRIS COUNTY UTILITY DISTRICT NO. 14
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8275.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Harris County Utility
District No. 14. (Acts 62nd Leg., R.S., Ch. 445, Sec. 1 (part);
New.)
Sec. 8275.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Harris County created
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
R.S., Ch. 445, Sec. 1 (part).)
Sec. 8275.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 445, Secs. 1 (part), 3.)
Sec. 8275.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 445, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 445, Sec. 2; New.)
[Sections 8275.005-8275.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8275.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 445, Sec. 6 (part).)
[Sections 8275.052-8275.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8275.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 445, Sec. 5 (part); New.)
CHAPTER 8276. HARRIS COUNTY UTILITY DISTRICT NO. 15
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8276.001. DEFINITIONS
Sec. 8276.002. NATURE OF DISTRICT
Sec. 8276.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8276.004. DISTRICT TERRITORY
[Sections 8276.005-8276.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8276.051. COMPOSITION OF BOARD
[Sections 8276.052-8276.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8276.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8276. HARRIS COUNTY UTILITY DISTRICT NO. 15
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8276.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Harris County Utility
District No. 15. (Acts 62nd Leg., R.S., Ch. 642, Sec. 1 (part);
New.)
Sec. 8276.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Harris County created
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
R.S., Ch. 642, Sec. 1 (part).)
Sec. 8276.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 642, Secs. 1 (part), 3.)
Sec. 8276.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 642, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 642, Sec. 2; New.)
[Sections 8276.005-8276.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8276.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 642, Sec. 6 (part).)
[Sections 8276.052-8276.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8276.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 642, Sec. 5 (part); New.)
CHAPTER 8277. HARRIS COUNTY UTILITY DISTRICT NO. 16
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8277.001. DEFINITIONS
Sec. 8277.002. NATURE OF DISTRICT
Sec. 8277.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8277.004. DISTRICT TERRITORY
[Sections 8277.005-8277.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8277.051. COMPOSITION OF BOARD
[Sections 8277.052-8277.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8277.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8277. HARRIS COUNTY UTILITY DISTRICT NO. 16
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8277.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Harris County Utility
District No. 16. (Acts 62nd Leg., R.S., Ch. 437, Sec. 1 (part);
New.)
Sec. 8277.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Harris County created
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
R.S., Ch. 437, Sec. 1 (part).)
Sec. 8277.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 437, Secs. 1 (part), 3.)
Sec. 8277.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 437, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 437, Sec. 2; New.)
[Sections 8277.005-8277.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8277.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 437, Sec. 6 (part).)
[Sections 8277.052-8277.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8277.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 437, Sec. 5 (part); New.)
CHAPTER 8278. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
NO. 132 OF HARRIS COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8278.001. DEFINITIONS
Sec. 8278.002. NATURE OF DISTRICT
Sec. 8278.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8278.004. DISTRICT TERRITORY
Sec. 8278.005. EXPANSION OF DISTRICT
Sec. 8278.006. STATE POLICY REGARDING WASTE DISPOSAL
[Sections 8278.007-8278.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8278.051. COMPOSITION OF BOARD
Sec. 8278.052. APPOINTMENT OF TREASURER
Sec. 8278.053. DIRECTOR'S AND TREASURER'S BONDS
Sec. 8278.054. ABSENCE OR INACTION OF BOARD PRESIDENT
Sec. 8278.055. DISTRICT OFFICE
[Sections 8278.056-8278.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8278.101. MUNICIPAL UTILITY DISTRICT POWERS
Sec. 8278.102. ADDITIONAL POWERS
Sec. 8278.103. EMINENT DOMAIN
Sec. 8278.104. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 8278.105. NOTICE OF ELECTION
[Sections 8278.106-8278.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8278.151. TAX METHOD
Sec. 8278.152. DISTRICT ACCOUNTS
Sec. 8278.153. FISCAL YEAR
Sec. 8278.154. COPY OF AUDIT REPORT
Sec. 8278.155. PAYMENT OF TAX OR ASSESSMENT NOT
REQUIRED
Sec. 8278.156. DEPOSITORY
[Sections 8278.157-8278.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8278.201. AUTHORITY TO ISSUE BONDS
Sec. 8278.202. LOST OR MUTILATED BONDS
Sec. 8278.203. USE OF BOND PROCEEDS DURING
CONSTRUCTION
Sec. 8278.204. REFUNDING BONDS
CHAPTER 8278. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
NO. 132 OF HARRIS COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8278.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Harris County Water Control
and Improvement District No. 132 of Harris County, Texas. (Acts
61st Leg., R.S., Ch. 144, Sec. 1 (part); New.)
Sec. 8278.002. NATURE OF DISTRICT. The district is a
municipal utility district and a conservation and reclamation
district in Harris County created under Section 59, Article XVI,
Texas Constitution. (Acts 61st Leg., R.S., Ch. 144, Sec. 1 (part);
New.)
Sec. 8278.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution.
(d) The accomplishment of the purposes stated in this
chapter is for the benefit of the people of this state and for the
improvement of their property and industries. The district in
carrying out the purposes of this chapter will be performing an
essential public function under the Texas Constitution. (Acts 61st
Leg., R.S., Ch. 144, Secs. 1 (part), 4, 22 (part).)
Sec. 8278.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2, Chapter 144, Acts
of the 61st Legislature, Regular Session, 1969, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code;
(3) Section 9, Chapter 144, Acts of the 61st
Legislature, Regular Session, 1969; or
(4) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or the
board. (Acts 61st Leg., R.S., Ch. 144, Sec. 3; New.)
Sec. 8278.005. EXPANSION OF DISTRICT. (a) If land is
annexed to the district under Section 49.301, Water Code, the board
may require the petitioners to:
(1) assume the petitioners' pro rata share of the voted
but unissued bonds of the district; and
(2) authorize the board to impose a tax on the
petitioners' property to pay for the bonds after the bonds have been
issued.
(b) If land is annexed to the district under Section 49.302,
Water Code, the board may submit to the voters of the area to be
annexed a proposition on the question of the assumption by the area
to be annexed of its part of the voted but not yet issued or sold tax
or tax-revenue bonds of the district and the imposition of an ad
valorem tax on taxable property in the area to be annexed along with
a tax in the rest of the district for the payment of the bonds.
(c) If the petitioners consent or if the election results
favorably, the district may issue its voted but unissued tax or
tax-revenue bonds regardless of changes to district boundaries
since the original voting or authorization of the bonds. (Acts 61st
Leg., R.S., Ch. 144, Sec. 9.)
Sec. 8278.006. STATE POLICY REGARDING WASTE DISPOSAL. The
district's powers and duties are subject to the state policy of
encouraging the development and use of integrated area-wide waste
collection, treatment, and disposal systems to serve the waste
disposal needs of this state's residents, if integrated systems can
reasonably be provided for an area, so as to avoid the economic
burden on residents and the effect on state water quality caused by
the construction and operation of numerous small waste collection,
treatment, and disposal facilities. (Acts 61st Leg., R.S., Ch.
144, Sec. 5 (part).)
[Sections 8278.007-8278.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8278.051. COMPOSITION OF BOARD. The board consists of
five elected directors. (Acts 61st Leg., R.S., Ch. 144, Sec. 10
(part).)
Sec. 8278.052. APPOINTMENT OF TREASURER. The board may
appoint the treasurer. (Acts 61st Leg., R.S., Ch. 144, Sec. 10
(part).)
Sec. 8278.053. DIRECTOR'S AND TREASURER'S BONDS. (a) Each
director shall qualify by giving bond in the amount of $5,000 for
the faithful performance of the director's duties.
(b) The treasurer shall give bond in the amount required by
the board. The treasurer's bond shall be conditioned on the
treasurer's faithful accounting for all money that comes into the
treasurer's custody as treasurer of the district. (Acts 61st Leg.,
R.S., Ch. 144, Sec. 10 (part).)
Sec. 8278.054. ABSENCE OR INACTION OF BOARD PRESIDENT. (a)
When the board president is absent or fails or declines to act, the
board vice president shall perform all duties and exercise all
power this chapter or general law gives the president.
(b) If the board president is absent from a board meeting:
(1) the board vice president may sign an order or other
action adopted at the meeting; or
(2) the board may authorize the president to sign the
order or other action. (Acts 61st Leg., R.S., Ch. 144, Sec. 10
(part).)
Sec. 8278.055. DISTRICT OFFICE. (a) Except as provided by
this section, the board shall designate, establish, and maintain a
district office as provided by Section 49.062, Water Code.
(b) The board may establish a second district office outside
the district. If the board establishes a second district office,
the board shall give notice of the location of that office by:
(1) filing a copy of the board resolution that
establishes the location of the office:
(A) with the Texas Commission on Environmental
Quality; and
(B) in the municipal utility district records of
the county in which the district is located; and
(2) publishing notice of the location of the office in
a newspaper of general circulation in the county in which the
district is located.
(c) A district office that is a private residence, office,
or dwelling is a public place for matters relating to the district's
business.
(d) The board shall provide notice of any change in the
location of the district office outside the district in the manner
required by Subsection (b). (Acts 61st Leg., R.S., Ch. 144, Sec.
15.)
[Sections 8278.056-8278.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8278.101. MUNICIPAL UTILITY DISTRICT POWERS. (a) The
district has all of the rights, powers, privileges, and functions
conferred and imposed by the general law of this state relating to
municipal utility districts created under Section 59, Article XVI,
Texas Constitution, including those conferred by Chapters 49 and
54, Water Code.
(b) The district may exercise inside or outside the
district's boundaries any of the rights or powers granted by this
chapter or under the general law relating to municipal utility
districts, including the provision of water or sewerage service.
(Acts 61st Leg., R.S., Ch. 144, Secs. 5 (part), 16 (part).)
Sec. 8278.102. ADDITIONAL POWERS. (a) The district may:
(1) make, purchase, construct, lease, or otherwise
acquire property, works, facilities, existing improvements, or
improvements to be made, constructed, or acquired that are:
(A) inside or outside the district's boundaries;
and
(B) necessary or useful to carry out the powers
granted by this chapter or general law; or
(2) enter into a contract with a person on terms the
board considers desirable, fair, and advantageous for:
(A) the purchase or sale of water;
(B) the transportation, treatment, and disposal
of the domestic, industrial, or communal wastes of the district or
others;
(C) the continuing and orderly development of
land and property in the district through the purchase,
construction, or installation of facilities, works, or
improvements that the district is otherwise authorized to do or
perform so that, to the greatest extent reasonably possible,
considering sound engineering and economic practices, all of the
land and property may ultimately receive the services of the
facilities, works, or improvements; and
(D) the performance of any of the powers granted
by this chapter or the general law relating to municipal utility
districts.
(b) A contract under Subsection (a)(2) may not have a
duration of more than 40 years. (Acts 61st Leg., R.S., Ch. 144,
Sec. 5 (part).)
Sec. 8278.103. EMINENT DOMAIN. The district may exercise
the power of eminent domain only in the county in which the district
is located. (Acts 61st Leg., R.S., Ch. 144, Sec. 13 (part).)
Sec. 8278.104. COST OF RELOCATING OR ALTERING PROPERTY.
(a) In this section, "sole expense" means the actual cost of
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of a facility described by Subsection (b)
in providing comparable replacement without enhancement of the
facility, after deducting from that cost the net salvage value of
the old facility.
(b) If the district's exercise of the power of eminent
domain makes necessary the relocation, raising, lowering,
rerouting, changing the grade, or alteration of the construction of
a highway, a railroad, an electric transmission line, a telegraph
or telephone property or facility, or a pipeline, the necessary
action shall be accomplished at the sole expense of the district.
(Acts 61st Leg., R.S., Ch. 144, Sec. 13 (part).)
Sec. 8278.105. NOTICE OF ELECTION. The board president or
secretary may give notice of an election. (Acts 61st Leg., R.S.,
Ch. 144, Sec. 19 (part).)
[Sections 8278.106-8278.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8278.151. TAX METHOD. (a) The district shall use the
ad valorem plan of taxation.
(b) The board is not required to call or hold a hearing on
the adoption of a plan of taxation. (Acts 61st Leg., R.S., Ch. 144,
Sec. 8.)
Sec. 8278.152. DISTRICT ACCOUNTS. The district shall keep
a complete system of the district's accounts. (Acts 61st Leg.,
R.S., Ch. 144, Sec. 14 (part).)
Sec. 8278.153. FISCAL YEAR. The fiscal year of the district
is from January 1 to December 31 of the same year. (Acts 61st Leg.,
R.S., Ch. 144, Sec. 14 (part).)
Sec. 8278.154. COPY OF AUDIT REPORT. A copy of the audit
report prepared under Subchapter G, Chapter 49, Water Code, shall
be delivered:
(1) to each director; and
(2) to a holder of at least 25 percent of the
outstanding bonds of the district, on request. (Acts 61st Leg.,
R.S., Ch. 144, Sec. 14 (part); New.)
Sec. 8278.155. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
The district is not required to pay a tax or assessment on:
(1) district property; or
(2) a purchase made by the district. (Acts 61st Leg.,
R.S., Ch. 144, Sec. 22 (part).)
Sec. 8278.156. DEPOSITORY. (a) The board shall select one
or more banks in this state to act as depository for the district's
money.
(b) To the extent that money in the depository bank is not
insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds.
(c) A director may be a shareholder in a bank that is a
depository of district money. (Acts 61st Leg., R.S., Ch. 144, Sec.
14 (part).)
[Sections 8278.157-8278.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8278.201. AUTHORITY TO ISSUE BONDS. The district may
issue bonds to provide water and sewer service to areas inside or
outside the boundaries of the district, regardless of whether the
areas are contiguous or noncontiguous. (Acts 61st Leg., R.S., Ch.
144, Sec. 16 (part).)
Sec. 8278.202. LOST OR MUTILATED BONDS. A trust indenture
securing bonds issued under this chapter may provide for the
issuance of bonds to replace lost or mutilated bonds. (Acts 61st
Leg., R.S., Ch. 144, Sec. 12 (part).)
Sec. 8278.203. USE OF BOND PROCEEDS DURING CONSTRUCTION.
(a) The district may appropriate or set aside out of the proceeds
from the sale of any bonds issued under this chapter an amount for
the payment of interest, administrative, and operating expenses
expected to accrue during a period of construction, as may be
provided in the bond orders or resolutions.
(b) For purposes of this section, the period of construction
may not exceed three years. (Acts 61st Leg., R.S., Ch. 144, Sec. 12
(part).)
Sec. 8278.204. REFUNDING BONDS. (a) By order or resolution
adopted by the board, the district may issue tax or revenue
refunding bonds or tax-revenue refunding bonds to refund revenue
bonds or tax-revenue bonds, whether original bonds or refunding
bonds, previously issued by the district.
(b) The comptroller shall register the refunding bonds on
the surrender and cancellation of the bonds to be refunded.
(c) Instead of issuing bonds to be registered on the
surrender and cancellation of the bonds to be refunded, the
district, in the order or resolution authorizing the issuance of
the refunding bonds, may provide for the sale of the refunding bonds
and the deposit of the proceeds in the place or places where the
bonds to be refunded are payable. In that case, the refunding bonds
may be issued if an amount sufficient to pay the principal of and
interest on the bonds to be refunded to their maturity dates, or to
their option dates if according to their terms the bonds have been
called for payment before maturity, has been deposited in the place
or places where the bonds to be refunded are payable, and the
comptroller shall register the refunding bonds without the
surrender and cancellation of the bonds to be refunded. (Acts 61st
Leg., R.S., Ch. 144, Sec. 12 (part).)
CHAPTER 8279. HORSEPEN BAYOU MUNICIPAL UTILITY DISTRICT OF
HARRIS COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8279.001. DEFINITIONS
Sec. 8279.002. NATURE OF DISTRICT
Sec. 8279.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8279.004. DISTRICT TERRITORY
Sec. 8279.005. EXPANSION OF DISTRICT
Sec. 8279.006. STATE POLICY REGARDING WASTE DISPOSAL
[Sections 8279.007-8279.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8279.051. COMPOSITION OF BOARD
Sec. 8279.052. APPOINTMENT OF TREASURER
Sec. 8279.053. DIRECTOR'S AND TREASURER'S BONDS
Sec. 8279.054. ABSENCE OR INACTION OF BOARD PRESIDENT
Sec. 8279.055. DISTRICT OFFICE
[Sections 8279.056-8279.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8279.101. MUNICIPAL UTILITY DISTRICT POWERS
Sec. 8279.102. ADDITIONAL POWERS
Sec. 8279.103. EMINENT DOMAIN
Sec. 8279.104. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 8279.105. NOTICE OF ELECTION
[Sections 8279.106-8279.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8279.151. TAX METHOD
Sec. 8279.152. DISTRICT ACCOUNTS
Sec. 8279.153. COPY OF AUDIT REPORT
Sec. 8279.154. PAYMENT OF TAX OR ASSESSMENT NOT
REQUIRED
Sec. 8279.155. DEPOSITORY
[Sections 8279.156-8279.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8279.201. AUTHORITY TO ISSUE BONDS
Sec. 8279.202. LOST OR MUTILATED BONDS
Sec. 8279.203. USE OF BOND PROCEEDS DURING
CONSTRUCTION
Sec. 8279.204. REFUNDING BONDS
CHAPTER 8279. HORSEPEN BAYOU MUNICIPAL UTILITY DISTRICT OF
HARRIS COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8279.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Horsepen Bayou Municipal
Utility District of Harris County, Texas. (Acts 61st Leg., R.S.,
Ch. 838, Sec. 1 (part); New.)
Sec. 8279.002. NATURE OF DISTRICT. The district is a
municipal utility district and a conservation and reclamation
district in Harris County created under Section 59, Article XVI,
Texas Constitution. (Acts 61st Leg., R.S., Ch. 838, Sec. 1 (part);
New.)
Sec. 8279.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution.
(d) The accomplishment of the purposes stated in this
chapter is for the benefit of the people of this state and for the
improvement of their property and industries. The district in
carrying out the purposes of this chapter will be performing an
essential public function under the Texas Constitution. (Acts 61st
Leg., R.S., Ch. 838, Secs. 1 (part), 4, 22 (part).)
Sec. 8279.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2, Chapter 838, Acts
of the 61st Legislature, Regular Session, 1969, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code;
(3) Section 9, Chapter 838, Acts of the 61st
Legislature, Regular Session, 1969; or
(4) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or the
board. (Acts 61st Leg., R.S., Ch. 838, Sec. 3; New.)
Sec. 8279.005. EXPANSION OF DISTRICT. (a) If land is
annexed to the district under Section 49.301, Water Code, the board
may require the petitioners to:
(1) assume the petitioners' pro rata share of the voted
but unissued bonds of the district; and
(2) authorize the board to impose a tax on the
petitioners' property to pay for the bonds after the bonds have been
issued.
(b) If land is annexed to the district under Section 49.302,
Water Code, the board may submit to the voters of the area to be
annexed a proposition on the question of the assumption by the area
to be annexed of its part of the voted but not yet issued or sold tax
or tax-revenue bonds of the district and the imposition of an ad
valorem tax on taxable property in the area to be annexed along with
a tax in the rest of the district for the payment of the bonds.
(c) If the petitioners consent or if the election results
favorably, the district may issue its voted but unissued tax or
tax-revenue bonds regardless of changes to district boundaries
since the original voting or authorization of the bonds. (Acts 61st
Leg., R.S., Ch. 838, Sec. 9.)
Sec. 8279.006. STATE POLICY REGARDING WASTE DISPOSAL. The
district's powers and duties are subject to the state policy of
encouraging the development and use of integrated area-wide waste
collection, treatment, and disposal systems to serve the waste
disposal needs of this state's residents, if integrated systems can
reasonably be provided for an area, so as to avoid the economic
burden on residents and the effect on state water quality caused by
the construction and operation of numerous small waste collection,
treatment, and disposal facilities. (Acts 61st Leg., R.S., Ch.
838, Sec. 5 (part).)
[Sections 8279.007-8279.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8279.051. COMPOSITION OF BOARD. The board consists of
five elected directors. (Acts 61st Leg., R.S., Ch. 838, Sec. 10
(part).)
Sec. 8279.052. APPOINTMENT OF TREASURER. The board may
appoint the treasurer. (Acts 61st Leg., R.S., Ch. 838, Sec. 10
(part).)
Sec. 8279.053. DIRECTOR'S AND TREASURER'S BONDS. (a) Each
director shall qualify by giving bond in the amount of $5,000 for
the faithful performance of the director's duties.
(b) The treasurer shall give bond in the amount required by
the board. The treasurer's bond shall be conditioned on the
treasurer's faithful accounting for all money that comes into the
treasurer's custody as treasurer of the district. (Acts 61st Leg.,
R.S., Ch. 838, Sec. 10 (part).)
Sec. 8279.054. ABSENCE OR INACTION OF BOARD PRESIDENT. (a)
When the board president is absent or fails or declines to act, the
board vice president shall perform all duties and exercise all
power this chapter or general law gives the president.
(b) If the board president is absent from a board meeting:
(1) the board vice president may sign an order or other
action adopted at the meeting; or
(2) the board may authorize the president to sign the
order or other action. (Acts 61st Leg., R.S., Ch. 838, Sec. 10
(part).)
Sec. 8279.055. DISTRICT OFFICE. (a) Except as provided by
this section, the board shall designate, establish, and maintain a
district office as provided by Section 49.062, Water Code.
(b) The board may establish a second district office outside
the district. If the board establishes a second district office,
the board shall give notice of the location of that office by:
(1) filing a copy of the board resolution that
establishes the location of the office:
(A) with the Texas Commission on Environmental
Quality; and
(B) in the municipal utility district records of
the county in which the district is located; and
(2) publishing notice of the location of the office in
a newspaper of general circulation in the county in which the
district is located.
(c) A district office that is a private residence, office,
or dwelling is a public place for matters relating to the district's
business.
(d) The board shall provide notice of any change in the
location of the district office outside the district in the manner
required by Subsection (b). (Acts 61st Leg., R.S., Ch. 838, Sec.
15.)
[Sections 8279.056-8279.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8279.101. MUNICIPAL UTILITY DISTRICT POWERS. (a) The
district has all of the rights, powers, privileges, and functions
conferred and imposed by the general law of this state relating to
municipal utility districts created under Section 59, Article XVI,
Texas Constitution, including those conferred by Chapters 49 and
54, Water Code.
(b) The district may exercise inside or outside the
district's boundaries any of the rights or powers granted by this
chapter or under the general law relating to municipal utility
districts, including the provision of water or sewerage service.
(Acts 61st Leg., R.S., Ch. 838, Secs. 5 (part), 16 (part).)
Sec. 8279.102. ADDITIONAL POWERS. (a) The district may:
(1) make, purchase, construct, lease, or otherwise
acquire property, works, facilities, existing improvements, or
improvements to be made, constructed, or acquired that are:
(A) inside or outside the district's boundaries;
and
(B) necessary to carry out the powers granted by
this chapter or general law; or
(2) enter into a contract with a person on terms the
board considers desirable, fair, and advantageous for:
(A) the purchase or sale of water;
(B) the transportation, treatment, and disposal
of the domestic, industrial, or communal wastes of the district or
others;
(C) the continuing and orderly development of
land and property in the district through the purchase,
construction, or installation of facilities, works, or
improvements that the district is otherwise authorized to do or
perform so that, to the greatest extent reasonably possible,
considering sound engineering and economic practices, all of the
land and property may ultimately receive the services of the
facilities, works, or improvements; and
(D) the performance of any of the powers granted
by this chapter or the general law relating to municipal utility
districts.
(b) A contract under Subsection (a)(2) may not have a
duration of more than 40 years. (Acts 61st Leg., R.S., Ch. 838,
Sec. 5 (part).)
Sec. 8279.103. EMINENT DOMAIN. The district may exercise
the power of eminent domain only in a county in which the district
is located. (Acts 61st Leg., R.S., Ch. 838, Sec. 13 (part).)
Sec. 8279.104. COST OF RELOCATING OR ALTERING PROPERTY.
(a) In this section, "sole expense" means the actual cost of
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of a facility described by Subsection (b)
in providing comparable replacement without enhancement of the
facility, after deducting from that cost the net salvage value of
the old facility.
(b) If the district's exercise of the power of eminent
domain makes necessary the relocation, raising, rerouting,
changing the grade, or alteration of the construction of a highway,
a railroad, an electric transmission line, a telegraph or telephone
property or facility, or a pipeline, the necessary action shall be
accomplished at the sole expense of the district. (Acts 61st Leg.,
R.S., Ch. 838, Sec. 13 (part).)
Sec. 8279.105. NOTICE OF ELECTION. The board president or
secretary may give notice of an election. (Acts 61st Leg., R.S.,
Ch. 838, Sec. 19 (part).)
[Sections 8279.106-8279.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8279.151. TAX METHOD. (a) The district shall use the
ad valorem plan of taxation.
(b) The board is not required to call or hold a hearing on
the adoption of a plan of taxation. (Acts 61st Leg., R.S., Ch. 838,
Sec. 8.)
Sec. 8279.152. DISTRICT ACCOUNTS. The district shall keep
a complete system of the district's accounts. (Acts 61st Leg.,
R.S., Ch. 838, Sec. 14 (part).)
Sec. 8279.153. COPY OF AUDIT REPORT. A copy of the audit
report prepared under Subchapter G, Chapter 49, Water Code, shall
be delivered:
(1) to each director; and
(2) to a holder of at least 25 percent of the
outstanding bonds of the district, on request. (Acts 61st Leg.,
R.S., Ch. 838, Sec. 14 (part); New.)
Sec. 8279.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
The district is not required to pay a tax or assessment on:
(1) district property; or
(2) a purchase made by the district. (Acts 61st Leg.,
R.S., Ch. 838, Sec. 22 (part).)
Sec. 8279.155. DEPOSITORY. (a) The board shall select one
or more banks in this state to act as depository for the district's
money.
(b) To the extent that money in the depository bank is not
insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds.
(c) A director may be a shareholder in a bank that is a
depository of district money. (Acts 61st Leg., R.S., Ch. 838, Sec.
14 (part).)
[Sections 8279.156-8279.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8279.201. AUTHORITY TO ISSUE BONDS. The district may
issue bonds to provide water and sewer service to areas inside or
outside the boundaries of the district, regardless of whether the
areas are contiguous or noncontiguous. (Acts 61st Leg., R.S., Ch.
838, Sec. 16 (part).)
Sec. 8279.202. LOST OR MUTILATED BONDS. A trust indenture
securing bonds issued under this chapter may provide for the
issuance of bonds to replace lost or mutilated bonds. (Acts 61st
Leg., R.S., Ch. 838, Sec. 12 (part).)
Sec. 8279.203. USE OF BOND PROCEEDS DURING CONSTRUCTION.
(a) The district may appropriate or set aside out of the proceeds
from the sale of any bonds issued under this chapter an amount for
the payment of interest, administrative, and operating expenses
expected to accrue during a period of construction, as may be
provided in the bond orders or resolutions.
(b) For purposes of this section, the period of construction
may not exceed three years. (Acts 61st Leg., R.S., Ch. 838, Sec. 12
(part).)
Sec. 8279.204. REFUNDING BONDS. (a) By order or resolution
adopted by the board, the district may issue revenue refunding
bonds or tax-revenue refunding bonds to refund revenue bonds or
tax-revenue bonds, whether original bonds or refunding bonds,
previously issued by the district.
(b) The comptroller shall register the refunding bonds on
the surrender and cancellation of the bonds to be refunded.
(c) Instead of issuing bonds to be registered on the
surrender and cancellation of the bonds to be refunded, the
district, in the order or resolution authorizing the issuance of
the refunding bonds, may provide for the sale of the refunding bonds
and the deposit of the proceeds in the place or places where the
bonds to be refunded are payable. In that case, the refunding bonds
may be issued if an amount sufficient to pay the principal of and
interest on the bonds to be refunded to their maturity dates, or to
their option dates if according to their terms the bonds have been
called for payment before maturity, has been deposited in the place
or places where the bonds to be refunded are payable, and the
comptroller shall register the refunding bonds without the
surrender and cancellation of the bonds to be refunded. (Acts 61st
Leg., R.S., Ch. 838, Sec. 12 (part).)
CHAPTER 8280. ISAACSON MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8280.001. DEFINITIONS
Sec. 8280.002. NATURE OF DISTRICT
Sec. 8280.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8280.004. DISTRICT TERRITORY
[Sections 8280.005-8280.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8280.051. COMPOSITION OF BOARD; TERMS
[Sections 8280.052-8280.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8280.101. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES
CHAPTER 8280. ISAACSON MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8280.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means Isaacson Municipal Utility
District. (Acts 71st Leg., R.S., Ch. 741, Sec. 2; New.)
Sec. 8280.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Wharton County created
under Section 59, Article XVI, Texas Constitution. (Acts 71st
Leg., R.S., Ch. 741, Secs. 1(a) (part), (b) (part).)
Sec. 8280.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution.
(c) The district is essential to accomplish the purposes of
Section 59, Article XVI, Texas Constitution. (Acts 71st Leg.,
R.S., Ch. 741, Secs. 1(b) (part), 5.)
Sec. 8280.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 3, Acts of the 71st
Legislature, Regular Session, 1989, as that territory may have been
modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in the field notes or in copying the field notes
in the legislative process does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to impose a tax; or
(3) the legality or operation of the district or its
governing body. (Acts 71st Leg., R.S., Ch. 741, Sec. 4; New.)
[Sections 8280.005-8280.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8280.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five directors.
(b) Directors serve staggered four-year terms. (Acts 71st
Leg., R.S., Ch. 741, Secs. 7(a), (d).)
[Sections 8280.052-8280.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8280.101. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the rights, powers, privileges,
functions, and duties provided by the general law of this state,
including Chapters 49, 50, and 54, Water Code, applicable to a
municipal utility district created under Section 59, Article XVI,
Texas Constitution. (Acts 71st Leg., R.S., Ch. 741, Sec. 6(a)
(part); New.)
CHAPTER 8281. EAST CEDAR CREEK FRESH WATER SUPPLY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8281.001. DEFINITION
Sec. 8281.002. NATURE OF DISTRICT
Sec. 8281.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8281.004. DISTRICT TERRITORY
[Sections 8281.005-8281.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8281.051. COMPOSITION OF BOARD
Sec. 8281.052. VACANCIES
[Sections 8281.053-8281.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8281.101. MUNICIPAL UTILITY DISTRICT POWERS
Sec. 8281.102. WATER AND SEWER SYSTEMS
Sec. 8281.103. LIMITATION ON PROVIDING WATER TO
CERTAIN USERS
Sec. 8281.104. AGRICULTURAL PRODUCTS
Sec. 8281.105. VOTER APPROVAL OF TAXES REQUIRED
CHAPTER 8281. EAST CEDAR CREEK FRESH WATER SUPPLY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8281.001. DEFINITION. In this chapter, "district"
means the East Cedar Creek Fresh Water Supply District. (Acts 65th
Leg., R.S., Ch. 696, Sec. 1 (part).)
Sec. 8281.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Henderson County created
under Section 59, Article XVI, Texas Constitution. (Acts 65th
Leg., R.S., Ch. 696, Sec. 1 (part).)
Sec. 8281.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects that are to
be accomplished by the district under the powers conferred by
Section 59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
65th Leg., R.S., Ch. 696, Secs. 1 (part), 4.)
Sec. 8281.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2, Chapter 696, Acts
of the 65th Legislature, Regular Session, 1977, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or any other mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on a bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 65th Leg., R.S., Ch. 696, Sec. 3; New.)
[Sections 8281.005-8281.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8281.051. COMPOSITION OF BOARD. The board of
directors of the district is composed of seven elected directors.
(Acts 65th Leg., R.S., Ch. 696, Sec. 7 (part).)
Sec. 8281.052. VACANCIES. The Commissioners Court of
Henderson County shall appoint directors to fill all vacancies on
the board when the number of qualified directors is fewer than four.
(Acts 65th Leg., R.S., Ch. 696, Sec. 7 (part).)
[Sections 8281.053-8281.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8281.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions provided
by general law applicable to a municipal utility district created
under Section 59, Article XVI, Texas Constitution, including
Chapters 49 and 54, Water Code. (Acts 65th Leg., R.S., Ch. 696,
Sec. 5 (part); New.)
Sec. 8281.102. WATER AND SEWER SYSTEMS. (a) The district
may acquire, and may improve or extend, any existing water or sewer
system that serves all or part of the district territory or may
construct a water or sewer system to serve the inhabitants of the
county in which the district is located.
(b) A contract to acquire an existing water or sewer
facility may be made on terms approved by the contracting parties.
(Acts 65th Leg., R.S., Ch. 696, Sec. 6 (part).)
Sec. 8281.103. LIMITATION ON PROVIDING WATER TO CERTAIN
USERS. Notwithstanding any other provision of this chapter, the
district may not compete with the City of Mabank in providing water
to household users unless the district receives permission from the
Public Utility Commission of Texas, with the consent of that city.
(Acts 65th Leg., R.S., Ch. 696, Sec. 5A.)
Sec. 8281.104. AGRICULTURAL PRODUCTS. The district may
produce agricultural products other than livestock on property the
district owns or controls and may market those products. (Acts 65th
Leg., R.S., Ch. 696, Sec. 5B.)
Sec. 8281.105. VOTER APPROVAL OF TAXES REQUIRED. The
district may not impose a tax unless the tax has been approved by
the voters at an election called for that purpose. (Acts 65th Leg.,
R.S., Ch. 696, Sec. 6 (part).)
CHAPTER 8282. FALCON'S LAIR UTILITY AND RECLAMATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8282.001. DEFINITIONS
Sec. 8282.002. NATURE OF DISTRICT
Sec. 8282.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
[Sections 8282.004-8282.050 reserved for expansion]
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS
TO DISTRICT TERRITORY
Sec. 8282.051. DISTRICT TERRITORY
Sec. 8282.052. CITY APPROVAL REQUIRED FOR ANNEXATION
[Sections 8282.053-8282.100 reserved for expansion]
SUBCHAPTER C. DISTRICT ADMINISTRATION
Sec. 8282.101. COMPOSITION OF BOARD; TERMS
Sec. 8282.102. VACANCY
Sec. 8282.103. OFFICERS AND ASSISTANTS
Sec. 8282.104. COMPENSATION
Sec. 8282.105. BOARD PROCEDURES
[Sections 8282.106-8282.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES
Sec. 8282.151. MUNICIPAL UTILITY DISTRICT POWERS
Sec. 8282.152. AUTHORITY TO CONSTRUCT OR ACQUIRE WORKS
AND FACILITIES
Sec. 8282.153. ROADS
Sec. 8282.154. IMPROVEMENT PROJECTS AND SERVICES
Sec. 8282.155. FIRE DEPARTMENT
Sec. 8282.156. DISTRICT CONTRACTS
Sec. 8282.157. GENERAL CONTRACTING AUTHORITY
Sec. 8282.158. WATER AND SEWER CONTRACTS
Sec. 8282.159. EMINENT DOMAIN
Sec. 8282.160. PROVISION OF WATER AND SEWER SERVICES
BY CITY
Sec. 8282.161. REGULATORY AUTHORITY
Sec. 8282.162. POLICE PROTECTION
Sec. 8282.163. DISTRICT ELECTIONS
Sec. 8282.164. APPLICABILITY OF CITY ORDINANCES,
CODES, RESOLUTIONS, AND RULES
[Sections 8282.165-8282.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8282.201. GENERAL FINANCIAL POWERS
Sec. 8282.202. TAX METHOD
Sec. 8282.203. TAX COLLECTOR
Sec. 8282.204. USE OF MAINTENANCE TAX
Sec. 8282.205. DEPOSIT AND SECURITY OF DISTRICT MONEY
Sec. 8282.206. INVESTMENT OF DISTRICT MONEY
[Sections 8282.207-8282.250 reserved for expansion]
SUBCHAPTER F. BONDS
Sec. 8282.251. AUTHORITY TO ISSUE BONDS
Sec. 8282.252. AUTHORITY TO ISSUE BONDS FOR ROADS AND
TURNPIKES
Sec. 8282.253. AUTHORITY TO ISSUE BONDS FOR
IMPROVEMENT PROJECTS OR SERVICES
Sec. 8282.254. OBLIGATIONS
CHAPTER 8282. FALCON'S LAIR UTILITY AND RECLAMATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8282.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the city of Mesquite.
(3) "District" means the Falcon's Lair Utility and
Reclamation District. (Acts 69th Leg., R.S., Ch. 935, Secs. 1(a)
(part), 2.)
Sec. 8282.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district created under Section 52,
Article III, and Section 59, Article XVI, Texas Constitution. (Acts
69th Leg., R.S., Ch. 935, Sec. 1(a) (part).)
Sec. 8282.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by this
chapter.
(c) The creation of the district is essential to accomplish
the purposes of Section 52, Article III, and Section 59, Article
XVI, Texas Constitution. (Acts 69th Leg., R.S., Ch. 935, Secs. 3,
6.)
[Sections 8282.004-8282.050 reserved for expansion]
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS
TO DISTRICT TERRITORY
Sec. 8282.051. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 5(a), Chapter 935,
Acts of the 69th Legislature, Regular Session, 1985, as that
territory may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right or power to issue bonds for
the purposes for which the district is created or to pay the
principal of and interest on the bonds;
(3) the district's authority to impose a tax;
(4) the validity of any contract, agreement, or
obligation of the district; or
(5) the legality of the operations or proceedings of
the district or the board. (Acts 69th Leg., R.S., Ch. 935, Sec.
5(b); New.)
Sec. 8282.052. CITY APPROVAL REQUIRED FOR ANNEXATION. The
district must secure the approval of the city, in the form of an
ordinance or resolution of the city council of the city, before
final annexation of additional land to the district. (Acts 69th
Leg., R.S., Ch. 935, Sec. 17 (part).)
[Sections 8282.053-8282.100 reserved for expansion]
SUBCHAPTER C. DISTRICT ADMINISTRATION
Sec. 8282.101. COMPOSITION OF BOARD; TERMS. (a) The board
consists of five directors.
(b) Directors serve staggered four-year terms, with the
terms of two or three directors expiring every other year. (Acts
69th Leg., R.S., Ch. 935, Secs. 9(a), (g) (part).)
Sec. 8282.102. VACANCY. (a) Except as provided by
Subsection (b), if a vacancy occurs in the office of director, the
remaining directors shall appoint a person to fill the vacancy
until the next election of directors for the district. If the
vacant position is not regularly scheduled to be filled at that
election, the person elected at that election to fill the vacancy
serves only for the unexpired term.
(b) If the number of qualified directors by reason of
vacancies is fewer than three, the city council of the city, on
petition of the owners of a majority in value of the land in the
district, as shown by the tax rolls of the city, shall appoint the
necessary number of directors to fill all vacancies on the board.
(c) The city may not be found liable for an act relating to a
district obligation or the operation of the district because of the
city's appointment of a director as prescribed by Subsection (b).
(Acts 69th Leg., R.S., Ch. 935, Secs. 9(d), (h).)
Sec. 8282.103. OFFICERS AND ASSISTANTS. (a) The board
shall reorganize and elect officers after each election and at any
other time the board considers appropriate.
(b) The board may designate one or more assistant
secretaries and an assistant treasurer. An assistant secretary or
assistant treasurer is not required to be a director.
(c) The board secretary or one of the assistant secretaries:
(1) shall keep the minutes of the meetings of the board
and all official records of the board; and
(2) may certify as to the accuracy or authenticity of
any actions, proceedings, minutes, or records of the board or of the
district. (Acts 69th Leg., R.S., Ch. 935, Secs. 10(a) (part), (b).)
Sec. 8282.104. COMPENSATION. Unless the board by
resolution increases the fee to an amount authorized by Section
49.060, Water Code, each director is entitled to receive
compensation in an amount not to exceed $50 for each meeting of the
board, as determined by the board. (Acts 69th Leg., R.S., Ch. 935,
Sec. 11 (part).)
Sec. 8282.105. BOARD PROCEDURES. The board shall provide
the method of execution of all contracts, the signing of checks, and
the handling of any other matter approved by the board, as shown in
the district's official minutes. (Acts 69th Leg., R.S., Ch. 935,
Sec. 10(a) (part).)
[Sections 8282.106-8282.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES
Sec. 8282.151. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred, contemplated, and described by Section 59, Article XVI,
Texas Constitution, including the rights, powers, privileges, and
functions conferred by the general law applicable to municipal
utility districts operating under Chapter 54, Water Code. (Acts
69th Leg., R.S., Ch. 935, Sec. 7 (part).)
Sec. 8282.152. AUTHORITY TO CONSTRUCT OR ACQUIRE WORKS AND
FACILITIES. Subject to compliance with applicable codes,
ordinances, resolutions, and rules of the city, the district may
plan, lay out, purchase, construct, acquire, own, operate,
maintain, repair, or improve, inside or outside the boundaries of
the district, any works, improvements, facilities, plants,
equipment, and appliances, including any administrative buildings,
properties, and facilities, any permits, franchises, licenses, or
contract or property rights, and any levees, drains, waterways,
lakes, reservoirs, channels, conduits, sewers, dams, storm water
detention facilities, or other similar facilities and
improvements, whether for municipal, industrial, agricultural,
recreational, conservation, reclamation, or flood control
purposes, that are necessary, helpful, or incidental to the
exercise of any right, power, privilege, or function provided by
this chapter. (Acts 69th Leg., R.S., Ch. 935, Sec. 8(e).)
Sec. 8282.153. ROADS. (a) To the extent authorized by
Section 52, Article III, Texas Constitution, the district may
provide for the construction, maintenance, and operation of a
macadamized, graveled, or paved road or turnpike, or a work,
facility, or improvement in aid of a road or turnpike, inside or
outside the district's boundaries.
(b) Subject to compliance with Sections 8282.252(a) and
(b), the district may issue, sell, and deliver bonds, notes, or
other district obligations for a purpose described by Subsection
(a) and may impose taxes to pay the bonds.
(c) Without the city's consent and approval, the district
may not undertake to construct, maintain, operate, repair,
reconstruct, cross, or intersect any city street or road.
(d) Sections 49.181, 49.182, and 54.5161, Water Code, do not
apply to projects undertaken by the district under this section.
(Acts 69th Leg., R.S., Ch. 935, Secs. 8(b), 19(c) (part).)
Sec. 8282.154. IMPROVEMENT PROJECTS AND SERVICES. (a) The
board may undertake an improvement project or service that confers
a special benefit on all or a definable part of the district.
(b) The board may levy and collect special assessments on
property in the area described by Subsection (a), based on the
benefit conferred by the improvement project or service, to pay all
or part of the cost of the project or service.
(c) An improvement project or service provided by the
district may include the acquisition, construction, or financing of
water, wastewater, or drainage facilities, streets, sidewalks, or
roadways.
(d) Sections 375.113-375.124, Local Government Code, apply
to the financing of an improvement project or service under this
section. (Acts 69th Leg., R.S., Ch. 935, Sec. 20A.)
Sec. 8282.155. FIRE DEPARTMENT. (a) The district may
establish, operate, and maintain a fire department to perform all
firefighting activities in the district and may issue bonds and
impose taxes to pay for the department and the activities, as
authorized by Section 59(f), Article XVI, Texas Constitution, and
Section 49.351, Water Code. For purposes of this chapter, a
reference in Section 49.351, Water Code, to the Texas Commission on
Environmental Quality or the executive director of the commission
means the city council of the city.
(b) The city has the superior right to provide the degree of
firefighting services the city considers to be in the city's best
interests. (Acts 69th Leg., R.S., Ch. 935, Sec. 8(c).)
Sec. 8282.156. DISTRICT CONTRACTS. (a) Except as provided
by this section, a contract for the purchase or construction of
materials, machinery, or other things used to constitute the
district's works, improvements, facilities, plants, equipment, or
appliances must be advertised, let, and awarded as provided by
Section 49.273, Water Code.
(b) If the district determines, after a contract has been
awarded, that additional work is needed or that the character or
type of the work or facilities should be changed, the board may
authorize change orders to the contract on terms the board
approves, provided the change does not increase the total cost of
the contract by more than 25 percent.
(c) The district must seek informal competitive bids or
proposals from at least three bidders if:
(1) the estimated amount of a proposed construction
contract is more than $5,000 but less than $25,000; or
(2) the duration of a proposed construction contract
is more than two years.
(d) A contract must be written and awarded to the lowest and
best bidder. (Acts 69th Leg., R.S., Ch. 935, Sec. 22.)
Sec. 8282.157. GENERAL CONTRACTING AUTHORITY. (a) The
district may contract with the United States, this state or its
agencies, the city, any other public agency or entity, or an
individual, corporation, or other entity for the operation and
maintenance or the construction of any facility or improvement
authorized by this chapter.
(b) A contract that obligates the district to make payments
in whole or in part from ad valorem taxes, other than maintenance
taxes, is subject to approval at an election held under the same
procedures required for the issuance of bonds payable from ad
valorem taxes. (Acts 69th Leg., R.S., Ch. 935, Secs. 23(a), (c).)
Sec. 8282.158. WATER AND SEWER CONTRACTS. (a) The district
and the city may enter into, execute, and perform contracts under
Section 552.014, Local Government Code, as they consider to be
appropriate and mutually advantageous.
(b) A contract under this section may provide for the
district's acquisition for the benefit of the city and the
district's conveyance to the city of, and the city's acceptance and
ownership of and payment for, all or any designated portion of any
of the works, facilities, improvements, equipment, appliances,
properties, and contract rights as provided by Section 552.014,
Local Government Code, that:
(1) the district is authorized under this chapter to
purchase, acquire, construct, own, or improve; and
(2) the city, under its home-rule charter or under
general law, would have been or may be authorized to purchase,
acquire, construct, own, or improve in its own name or behalf.
(Acts 69th Leg., R.S., Ch. 935, Sec. 24.)
Sec. 8282.159. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain in the manner, with the
privileges, rights, and immunities, and subject to the conditions
and limitations provided by Sections 49.222 and 49.223, Water Code,
to acquire land, an easement, a right-of-way, or other property or
improvement that is or may be needed to carry out the district's
powers, purposes, and functions.
(b) Without the city's advance written consent and
approval, the district may not begin eminent domain proceedings for
a purpose described by Subsection (a).
(c) Without approval by city ordinance or resolution, the
district may not exercise the power of eminent domain to acquire any
land, easement, right-of-way, or other property or improvement
owned by the city or any city agency or instrumentality. (Acts 69th
Leg., R.S., Ch. 935, Sec. 8(d).)
Sec. 8282.160. PROVISION OF WATER AND SEWER SERVICES BY
CITY. (a) Notwithstanding Section 8282.157(a), to the extent that
the city considers practical, the city may provide water supply and
sewer services to residential retail customers in the district and
may provide water supply and wastewater treatment services to the
district, under a mutually agreeable contract or otherwise.
(b) The district is responsible for an off-site extension
that is required to provide water supply and sewer service. (Acts
69th Leg., R.S., Ch. 935, Sec. 23(b).)
Sec. 8282.161. REGULATORY AUTHORITY. (a) With respect to
district property, the district has the regulatory and police power
provided by Chapters 49 and 54, Water Code, except as limited by
this section.
(b) Except with respect to any rules relating to the
operation, use, or occupancy of the lakes, reservoirs, levees,
channels, drains, dams, and contiguous or adjacent facilities
constructed or to be constructed and owned or controlled by the
district, the board may not adopt a rule that includes a penal
provision to be enforced by a district peace officer unless the city
has approved the adoption of the rule. The proposed rule must be
presented to the city for the city's review and approval at least 30
days before the rule's effective date.
(c) The district may not adopt a penal rule that conflicts
or is inconsistent with any ordinance of general applicability in
the city.
(d) The district may not adopt or enforce a rule relating to
the city's streets or roads. (Acts 69th Leg., R.S., Ch. 935, Secs.
26(a), (b), (c), (d); New.)
Sec. 8282.162. POLICE PROTECTION. Except for providing for
the security of lakes, reservoirs, levees, channels, drains, dams,
and contiguous and adjacent facilities, excluding parks and streets
owned or controlled by the district, the district may not provide
peace officers or have responsibility for police protection in the
city's corporate limits. That function is a responsibility of the
city. (Acts 69th Leg., R.S., Ch. 935, Sec. 26(e).)
Sec. 8282.163. DISTRICT ELECTIONS. (a) The board shall
order each election the district is required to hold.
(b) Notice of a district election must be published once a
week for two consecutive weeks in a newspaper with general
circulation in the city, with the first publication occurring at
least 14 days before the date of the election.
(c) A district election held for any purpose may be held
separately or at the same time as an election for another purpose
including a director or maintenance tax election that may be held on
the same day as a bond election or another election. An election
held at the same time as an election for another purpose may be
called by the board in a single election order, and the results may
be canvassed in a single order. (Acts 69th Leg., R.S., Ch. 935,
Secs. 16(a), (c), (d).)
Sec. 8282.164. APPLICABILITY OF CITY ORDINANCES, CODES,
RESOLUTIONS, AND RULES. Except as expressly provided, this chapter
does not exempt the district from the terms of any applicable
ordinances, codes, resolutions, or rules of the city. (Acts 69th
Leg., R.S., Ch. 935, Sec. 27 (part).)
[Sections 8282.165-8282.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8282.201. GENERAL FINANCIAL POWERS. The board may:
(1) spend and borrow money;
(2) issue bond anticipation notes and tax anticipation
notes;
(3) impose maintenance taxes; and
(4) carry out all acts and exercise all powers
provided by Subchapter E, Chapter 49, Water Code. (Acts 69th Leg.,
R.S., Ch. 935, Sec. 18.)
Sec. 8282.202. TAX METHOD. (a) The district shall use the
ad valorem plan of taxation.
(b) Subchapter G, Chapter 54, Water Code, applies to all
matters relating to the imposition of district taxes. (Acts 69th
Leg., R.S., Ch. 935, Sec. 21.)
Sec. 8282.203. TAX COLLECTOR. (a) The board shall appoint
a person as tax collector for the district and may appoint deputies
considered necessary.
(b) Each person appointed under this section shall qualify
by executing a bond in the amount of $10,000 payable to the
district, approved by the board, and conditioned on the faithful
performance of the person's duties.
(c) The board shall set the compensation for the tax
collector and any deputy tax collector. (Acts 69th Leg., R.S., Ch.
935, Sec. 14.)
Sec. 8282.204. USE OF MAINTENANCE TAX. (a) The board may
use and pledge the proceeds received from all or any designated
portion of the district's maintenance taxes for any lawful purpose,
other than the payment of the principal of or interest on bonds.
Bonds must be paid from taxes imposed separately to the extent that
those bonds are required to be paid from taxes.
(b) The district may not use maintenance taxes for the
purpose of maintaining, repairing, operating, or improving any of
the works, facilities, and improvements described by Section
8282.153 until the district has complied with Sections 8282.252(a)
and (b). (Acts 69th Leg., R.S., Ch. 935, Sec. 20.)
Sec. 8282.205. DEPOSIT AND SECURITY OF DISTRICT MONEY. (a)
The district's treasurer shall have district money deposited and
invested in the district's depository bank or other banks or
savings associations selected by the district's authorized
investment officers.
(b) To the extent that deposited or invested money is not
insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds. (Acts 69th Leg., R.S., Ch. 935, Secs. 15(a), (b).)
Sec. 8282.206. INVESTMENT OF DISTRICT MONEY. At the
direction of the board or any other authorized district
representative or investment officer, district money may be
invested in direct or indirect obligations of the United States,
the state, or any political subdivision of the state, or may be
placed in certificates of deposit of state or national banks or
savings and loan associations in this state, if that money is
secured in the manner provided for the security of county funds.
(Acts 69th Leg., R.S., Ch. 935, Sec. 15(c).)
[Sections 8282.207-8282.250 reserved for expansion]
SUBCHAPTER F. BONDS
Sec. 8282.251. AUTHORITY TO ISSUE BONDS. The board may
issue bonds as provided by general law, including Sections
54.501-54.515 and 54.518-54.521, Water Code. (Acts 69th Leg.,
R.S., Ch. 935, Sec. 19(a).)
Sec. 8282.252. AUTHORITY TO ISSUE BONDS FOR ROADS AND
TURNPIKES. (a) The district may not issue bonds for a purpose
described by Section 8282.153 unless the bonds are approved by a
vote of a two-thirds majority of the voters voting in the district
or the territory to be affected by the bonds.
(b) Bonds, notes, or other district obligations issued or
incurred for a purpose described by Section 8282.153 may not exceed
one-fourth of the assessed valuation of the real property of the
district or the territory to be affected by the bonds.
(c) Sections 49.181, 49.182, and 54.5161, Water Code, do not
apply to bonds issued by the district as provided by this section.
(Acts 69th Leg., R.S., Ch. 935, Secs. 19(b), (c) (part).)
Sec. 8282.253. AUTHORITY TO ISSUE BONDS FOR IMPROVEMENT
PROJECTS OR SERVICES. (a) To pay all or part of the costs of an
improvement project or service under Section 8282.154, the board
may issue bonds in one or more series payable from and secured by ad
valorem taxes, assessments, impact fees, revenues, grants, gifts,
contracts, or leases or any combination of those sources of money.
(b) Bonds issued under this section may be liens on all or
part of the revenue derived from improvements authorized under
Section 8282.154, including installment payments of special
assessments or from any other source pledged to their payment.
(c) Sections 375.202-375.206, Local Government Code, apply
to bonds issued under this section. (Acts 69th Leg., R.S., Ch. 935,
Secs. 19(d), (e).)
Sec. 8282.254. OBLIGATIONS. (a) In this section,
"obligation" means a bond, note, lease-purchase agreement, or
installment sale obligation of the district.
(b) The principal amount of the district's obligations that
are payable from assessments imposed by the district may be in an
amount that does not exceed the aggregate appraised value of the
property in the district, as established by an independent
appraisal by a member of the Appraisal Institute.
(c) The appraised value of the property in the district
established for ad valorem tax purposes does not limit the
principal amount of the obligations that may be issued by the
district under Subsection (b).
(d) The city is not required to pay the principal of and
interest on an obligation issued by the district. (Acts 69th Leg.,
R.S., Ch. 935, Sec. 19A.)
CHAPTER 8283. GREATER TEXOMA UTILITY AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8283.001. DEFINITIONS
Sec. 8283.002. NATURE OF AUTHORITY
Sec. 8283.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
[Sections 8283.004-8283.050 reserved for expansion]
SUBCHAPTER B. AUTHORITY TERRITORY; ANNEXATION
Sec. 8283.051. AUTHORITY TERRITORY
Sec. 8283.052. ANNEXATION
[Sections 8283.053-8283.100 reserved for expansion]
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 8283.101. COMPOSITION OF BOARD; TERMS
Sec. 8283.102. APPOINTMENT OF DIRECTORS BY HOME-RULE
MUNICIPALITIES
Sec. 8283.103. APPOINTMENT OF DIRECTORS BY
MUNICIPALITIES OTHER THAN HOME-RULE
MUNICIPALITIES
Sec. 8283.104. QUALIFICATIONS FOR OFFICE
Sec. 8283.105. BOARD VACANCY
Sec. 8283.106. REMOVAL FROM OFFICE
Sec. 8283.107. VOTING REQUIREMENT
[Sections 8283.108-8283.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES
Sec. 8283.151. MUNICIPAL UTILITY DISTRICT POWERS
Sec. 8283.152. ACQUISITION AND USE OF PROPERTY
Sec. 8283.153. WATER RIGHTS
Sec. 8283.154. EMINENT DOMAIN
Sec. 8283.155. GENERAL CONTRACT POWERS
Sec. 8283.156. WATER, SEWER, SOLID WASTE, OR DRAINAGE
CONTRACTS; ELECTION NOT REQUIRED
Sec. 8283.157. TREATMENT OF PAYMENTS UNDER CERTAIN
MUNICIPAL CORPORATION CONTRACTS
Sec. 8283.158. STANDARD SPECIFICATIONS FOR FACILITIES
IN GRAYSON COUNTY
Sec. 8283.159. TAX PROHIBITION
[Sections 8283.160-8283.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8283.201. REVENUE BONDS
Sec. 8283.202. BONDS FOR CERTAIN FACILITIES
CHAPTER 8283. GREATER TEXOMA UTILITY AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8283.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
authority.
(2) "Director" means a member of the board.
(3) "Authority" means the Greater Texoma Utility
Authority. (Acts 66th Leg., R.S., Ch. 97, Sec. 1 (part); New.)
Sec. 8283.002. NATURE OF AUTHORITY. (a) The authority is a
conservation and reclamation district created under Section 59,
Article XVI, Texas Constitution.
(b) The authority is a political subdivision of this state.
(Acts 66th Leg., R.S., Ch. 97, Sec. 1 (part).)
Sec. 8283.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The authority is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the authority will benefit from the works and projects
accomplished by the authority under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the authority is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
66th Leg., R.S., Ch. 97, Secs. 1 (part), 2(f).)
[Sections 8283.004-8283.050 reserved for expansion]
SUBCHAPTER B. AUTHORITY TERRITORY; ANNEXATION
Sec. 8283.051. AUTHORITY TERRITORY. The authority is
composed of the territory that was included in the corporate
boundaries of the cities of Denison and Sherman on May 2, 1979, as
that territory may have been modified under:
(1) Section 2 or 4, Chapter 97, Acts of the 66th
Legislature, Regular Session, 1979;
(2) Subchapter H, Chapter 54, Water Code;
(3) Subchapter J, Chapter 49, Water Code; or
(4) other law. (Acts 66th Leg., R.S., Ch. 97, Sec.
2(a); New.)
Sec. 8283.052. ANNEXATION. (a) The authority may annex
territory only as specified by this section.
(b) A municipality, by resolution or ordinance adopted by
its governing body, may request that the territory then included in
its corporate limits be annexed to the authority. On receipt of the
request, the board shall proceed in the manner provided by
Subsections (d) and (e).
(c) Territory that is annexed to a municipality after May 2,
1979, or after annexation of the municipality to the authority may
be annexed to the authority if the board determines the annexation
should be considered and proceeds in the manner provided by
Subsections (d) and (e).
(d) Under the circumstances described by this section, the
board shall call and hold a public hearing to determine if the
territory should be annexed. Notice of the hearing must be
published at least:
(1) once in a newspaper of general circulation in the
area of the authority and the territory proposed to be annexed; and
(2) 10 days before the date set for the hearing.
(e) If at the conclusion of the hearing the board finds that
the annexation would be in the best interest of the territory to be
annexed, the area in the authority, and the inhabitants of both, it
shall enter an order to that effect. The order finally annexes the
territory to the authority.
(f) An action to review the annexation of territory to the
authority may be brought in a district court in the county where the
principal office of the authority is located. An annexation may be
set aside for fraud or abuse of discretion. (Acts 66th Leg., R.S.,
Ch. 97, Secs. 2(b), (c), (d), (e).)
[Sections 8283.053-8283.100 reserved for expansion]
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 8283.101. COMPOSITION OF BOARD; TERMS. (a) The board
consists of at least six and not more than nine directors appointed
as follows:
(1) three directors appointed by the governing body of
the City of Denison;
(2) three directors appointed by the governing body of
the City of Sherman; and
(3) any directors appointed under Sections 8283.102
and 8283.103.
(b) Except for a director appointed under Section 8283.103,
a director serves a two-year term that begins January 1 following
the director's appointment.
(c) A director's term may not be shortened because of the
annexation of a municipality under Section 8283.102 or 8283.103.
(d) The City of Denison or the City of Sherman by ordinance
may provide for staggered terms for directors it appoints, but the
term of an incumbent may not be shortened or be longer than two
years. (Acts 66th Leg., R.S., Ch. 97, Secs. 6(a) (part), (d), (f)
(part).)
Sec. 8283.102. APPOINTMENT OF DIRECTORS BY HOME-RULE
MUNICIPALITIES. (a) If a home-rule municipality is annexed, the
governing body of the municipality shall appoint a director whose
term begins January 1 following the annexation.
(b) If more than two home-rule municipalities are annexed,
those municipalities are collectively entitled to appoint two
directors and shall designate their directors by any method agreed
to by those municipalities. (Acts 66th Leg., R.S., Ch. 97, Sec.
6(b).)
Sec. 8283.103. APPOINTMENT OF DIRECTORS BY MUNICIPALITIES
OTHER THAN HOME-RULE MUNICIPALITIES. Municipalities, other than
home-rule municipalities, are collectively entitled to appoint one
director and shall designate their director by any method agreed to
by those municipalities. (Acts 66th Leg., R.S., Ch. 97, Sec. 6(c).)
Sec. 8283.104. QUALIFICATIONS FOR OFFICE. (a) Each
director must be a qualified voter of the municipality that
appoints the director.
(b) An officer, employee, or member of the governing body of
a municipal corporation may not be a director. (Acts 66th Leg.,
R.S., Ch. 97, Secs. 6(f) (part), (h).)
Sec. 8283.105. BOARD VACANCY. A vacancy in the office of
director shall be filled for the unexpired term, if applicable, by
the governing body of the municipality that appointed the previous
director. (Acts 66th Leg., R.S., Ch. 97, Sec. 6(f) (part).)
Sec. 8283.106. REMOVAL FROM OFFICE. (a) Under procedures
adopted by board rule, the board may remove a director from office
only for malfeasance in office.
(b) The procedures must be designed to guarantee due process
to the director. (Acts 66th Leg., R.S., Ch. 97, Sec. 6(i).)
Sec. 8283.107. VOTING REQUIREMENT. A majority vote of the
board is required to adopt any measure. (Acts 66th Leg., R.S., Ch.
97, Sec. 6(g).)
[Sections 8283.108-8283.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES
Sec. 8283.151. MUNICIPAL UTILITY DISTRICT POWERS. Except
as otherwise provided by this chapter, the authority has the
rights, powers, privileges, and functions conferred and imposed by
the general law applicable to a municipal utility district created
under Section 59, Article XVI, Texas Constitution, including those
conferred by Chapters 30, 49, and 54, Water Code. (Acts 66th Leg.,
R.S., Ch. 97, Sec. 3(a) (part); New.)
Sec. 8283.152. ACQUISITION AND USE OF PROPERTY. The
authority may operate, control, purchase, construct, lease, or
acquire, inside or outside the boundaries of the authority,
property, works, facilities, or improvements, whether previously
existing or to be made, constructed, or acquired, that the board
finds necessary to carry out the powers granted by this chapter or
general law. (Acts 66th Leg., R.S., Ch. 97, Sec. 3(b) (part).)
Sec. 8283.153. WATER RIGHTS. The authority may acquire,
develop, and use rights to groundwater or surface water. (Acts 66th
Leg., R.S., Ch. 97, Sec. 3(b) (part).)
Sec. 8283.154. EMINENT DOMAIN. To carry out an authority
power or purpose, the authority, in the manner provided by Chapter
49, Water Code, may exercise the power of eminent domain to acquire
land, an easement, or other property inside or outside the
authority's boundaries. (Acts 66th Leg., R.S., Ch. 97, Sec. 3(b)
(part).)
Sec. 8283.155. GENERAL CONTRACT POWERS. (a) The authority
may enter into a contract with a person, including a political
subdivision, on terms the board considers desirable, fair, and
advantageous for:
(1) the purchase or sale of raw or treated water;
(2) the purchase, lease, use, management, control, or
operation of water treatment or distribution facilities or sewer
collection and treatment facilities, all or part of the facilities
or systems owned by the other political subdivision, in accordance
with terms mutually agreed on by the governing bodies of the
contracting parties; or
(3) planning, making preliminary surveys,
investigations, or feasibility reports, engineering, or reports of
any kind.
(b) A contract for the acquisition of an existing water or
sewer facility may be made on terms approved by the contracting
parties. (Acts 66th Leg., R.S., Ch. 97, Sec. 3(b) (part).)
Sec. 8283.156. WATER, SEWER, SOLID WASTE, OR DRAINAGE
CONTRACTS; ELECTION NOT REQUIRED. The authority and a municipal
corporation or other political subdivision may enter into a water,
sewer, solid waste, or drainage contract or any combination of
those contracts without the necessity of an election by any
contracting party to approve the contract. (Acts 66th Leg., R.S.,
Ch. 97, Sec. 3(c).)
Sec. 8283.157. TREATMENT OF PAYMENTS UNDER CERTAIN
MUNICIPAL CORPORATION CONTRACTS. A payment by a municipal
corporation for the purchase of water or the treatment and disposal
of sewage is a maintenance and operating expense of the utility
system or combined systems of the municipal corporation unless the
contract:
(1) provides for the municipal corporation to acquire
an ownership interest in the facilities; or
(2) makes other provisions. (Acts 66th Leg., R.S., Ch.
97, Sec. 3(d).)
Sec. 8283.158. STANDARD SPECIFICATIONS FOR FACILITIES IN
GRAYSON COUNTY. (a) In this section, "commission" means the Texas
Commission on Environmental Quality or its successor.
(b) Subject to Subsection (f), for area in Grayson County,
the authority by order may adopt standard specifications for
facilities designed or constructed to:
(1) store, treat, or transport water for domestic,
municipal, or industrial purposes to ensure that the facilities are
adequate in design to serve the needs of the area's inhabitants;
(2) collect, treat, and dispose of sewage; or
(3) dispose of solid waste.
(c) Before the specifications become final, the board must
hold a public hearing. The board must give notice of the hearing to
the commission and must publish in a newspaper of general
circulation in the area notice of the hearing one time at least 10
days before the date of the hearing so that any interested party may
present evidence for or against a proposed specification.
(d) An appeal of an order adopting standard specifications
may be made to a district court of Grayson County. The substantial
evidence rule applies to the appeal.
(e) The authority is entitled to seek an injunction against:
(1) the construction of a facility, including an
extension to an existing facility, if the construction does not
meet the authority's standard specifications; or
(2) the operation of a facility if construction has
begun and the facility does not meet those specifications.
(f) A standard specification adopted under this section
does not apply to an area that, on the date the order is adopted, is
located inside the corporate boundaries or the extraterritorial
jurisdiction of a municipality unless approved by the governing
body of the municipality.
(g) The authority shall file the standard specifications
with the commission. (Acts 66th Leg., R.S., Ch. 97, Sec. 3(b)
(part); New.)
Sec. 8283.159. TAX PROHIBITION. The authority may not
impose a tax. (Acts 66th Leg., R.S., Ch. 97, Sec. 3(e).)
[Sections 8283.160-8283.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8283.201. REVENUE BONDS. The authority may issue
revenue bonds to carry out any of its powers, functions, or
obligations. (Acts 66th Leg., R.S., Ch. 97, Sec. 5 (part).)
Sec. 8283.202. BONDS FOR CERTAIN FACILITIES. If the
authority operates a facility under contract with a municipal
corporation, it may, if the contract permits the issuance, issue
bonds to improve or extend the facility. (Acts 66th Leg., R.S., Ch.
97, Sec. 5 (part).)
CHAPTER 8284. GREENWOOD UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8284.001. DEFINITIONS
Sec. 8284.002. NATURE OF DISTRICT
Sec. 8284.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8284.004. DISTRICT TERRITORY
Sec. 8284.005. EXPANSION OF DISTRICT
Sec. 8284.006. STATE POLICY REGARDING WASTE DISPOSAL
[Sections 8284.007-8284.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8284.051. COMPOSITION OF BOARD
Sec. 8284.052. APPOINTMENT OF TREASURER
Sec. 8284.053. DIRECTOR'S AND TREASURER'S BONDS
Sec. 8284.054. ABSENCE OR INACTION OF BOARD PRESIDENT
Sec. 8284.055. DISTRICT OFFICE
[Sections 8284.056-8284.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8284.101. MUNICIPAL UTILITY DISTRICT POWERS
Sec. 8284.102. ADDITIONAL POWERS
Sec. 8284.103. EMINENT DOMAIN
Sec. 8284.104. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 8284.105. NOTICE OF ELECTION
[Sections 8284.106-8284.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8284.151. TAX METHOD
Sec. 8284.152. DISTRICT ACCOUNTS
Sec. 8284.153. FISCAL YEAR
Sec. 8284.154. COPY OF AUDIT REPORT
Sec. 8284.155. PAYMENT OF TAX OR ASSESSMENT NOT
REQUIRED
Sec. 8284.156. DEPOSITORY
[Sections 8284.157-8284.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8284.201. LOST OR MUTILATED BONDS
Sec. 8284.202. USE OF BOND PROCEEDS DURING
CONSTRUCTION
Sec. 8284.203. REFUNDING BONDS
CHAPTER 8284. GREENWOOD UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8284.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Greenwood Utility District.
(Acts 61st Leg., R.S., Ch. 616, Sec. 1 (part); New.)
Sec. 8284.002. NATURE OF DISTRICT. The district is a
municipal utility district and a conservation and reclamation
district in Harris County created under Section 59, Article XVI,
Texas Constitution. (Acts 61st Leg., R.S., Ch. 616, Sec. 1 (part);
New.)
Sec. 8284.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution.
(d) The accomplishment of the purposes stated in this
chapter is for the benefit of the people of this state and for the
improvement of their property and industries. The district in
carrying out the purposes of this chapter will be performing an
essential public function under the Texas Constitution. (Acts 61st
Leg., R.S., Ch. 616, Secs. 1 (part), 4, 21 (part).)
Sec. 8284.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2, Chapter 616, Acts
of the 61st Legislature, Regular Session, 1969, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code;
(3) Section 9, Chapter 616, Acts of the 61st
Legislature, Regular Session, 1969; or
(4) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or the
board. (Acts 61st Leg., R.S., Ch. 616, Sec. 3; New.)
Sec. 8284.005. EXPANSION OF DISTRICT. (a) If land is
annexed to the district under Section 49.301, Water Code, the board
may require the petitioners to:
(1) assume the petitioners' pro rata share of the voted
but unissued bonds of the district; and
(2) authorize the board to impose a tax on the
petitioners' property to pay for the bonds after the bonds have been
issued.
(b) If land is annexed to the district under Section 49.302,
Water Code, the board may submit to the voters of the area to be
annexed a proposition on the question of the assumption by the area
to be annexed of its part of the voted but not yet issued or sold tax
or tax-revenue bonds of the district and the imposition of an ad
valorem tax on taxable property in the area to be annexed along with
a tax in the rest of the district for the payment of the bonds.
(c) If the petitioners consent or if the election results
favorably, the district may issue its voted but unissued tax or
tax-revenue bonds regardless of changes to district boundaries
since the original voting or authorization of the bonds. (Acts 61st
Leg., R.S., Ch. 616, Sec. 9.)
Sec. 8284.006. STATE POLICY REGARDING WASTE DISPOSAL. The
district's powers and duties are subject to the state policy of
encouraging the development and use of integrated area-wide waste
collection, treatment, and disposal systems to serve the waste
disposal needs of this state's residents, if integrated systems can
reasonably be provided for an area, so as to avoid the economic
burden on residents and the effect on state water quality caused by
the construction and operation of numerous small waste collection,
treatment, and disposal facilities. (Acts 61st Leg., R.S., Ch.
616, Sec. 5 (part).)
[Sections 8284.007-8284.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8284.051. COMPOSITION OF BOARD. The board consists of
five elected directors. (Acts 61st Leg., R.S., Ch. 616, Sec. 10
(part).)
Sec. 8284.052. APPOINTMENT OF TREASURER. The board may
appoint the treasurer. (Acts 61st Leg., R.S., Ch. 616, Sec. 10
(part).)
Sec. 8284.053. DIRECTOR'S AND TREASURER'S BONDS. (a) Each
director shall qualify by giving bond in the amount of $5,000 for
the faithful performance of the director's duties.
(b) The treasurer shall give bond in the amount required by
the board. The treasurer's bond shall be conditioned on the
treasurer's faithful accounting for all money that comes into the
treasurer's custody as treasurer of the district. (Acts 61st Leg.,
R.S., Ch. 616, Sec. 10 (part).)
Sec. 8284.054. ABSENCE OR INACTION OF BOARD PRESIDENT. (a)
When the board president is absent or fails or declines to act, the
board vice president shall perform all duties and exercise all
power this chapter or general law gives the president.
(b) If the board president is absent from a board meeting:
(1) the board vice president may sign an order or other
action adopted at the meeting; or
(2) the board may authorize the president to sign the
order or other action. (Acts 61st Leg., R.S., Ch. 616, Sec. 10
(part).)
Sec. 8284.055. DISTRICT OFFICE. (a) Except as provided by
this section, the board shall designate, establish, and maintain a
district office as provided by Section 49.062, Water Code.
(b) The board may establish a second district office outside
the district. If the board establishes a second district office,
the board shall give notice of the location of that office by:
(1) filing a copy of the board resolution that
establishes the location of the office:
(A) with the Texas Commission on Environmental
Quality; and
(B) in the municipal utility district records of
the county in which the district is located; and
(2) publishing notice of the location of the office in
a newspaper of general circulation in the county in which the
district is located.
(c) A district office that is a private residence, office,
or dwelling is a public place for matters relating to the district's
business.
(d) The board shall provide notice of any change in the
location of the district office outside the district in the manner
required by Subsection (b). (Acts 61st Leg., R.S., Ch. 616, Sec.
15.)
[Sections 8284.056-8284.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8284.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has all of the rights, powers, privileges, and functions
conferred and imposed by the general law of this state relating to
municipal utility districts created under Section 59, Article XVI,
Texas Constitution, including those conferred by Chapters 49 and
54, Water Code. (Acts 61st Leg., R.S., Ch. 616, Sec. 5 (part).)
Sec. 8284.102. ADDITIONAL POWERS. (a) The district may:
(1) make, purchase, construct, lease, or otherwise
acquire property, works, facilities, existing improvements, or
improvements to be made, constructed, or acquired that are:
(A) inside or outside the district's boundaries;
and
(B) necessary to carry out the powers granted by
this chapter or general law; or
(2) enter into a contract with a person on terms the
board considers desirable, fair, and advantageous for:
(A) the purchase or sale of water;
(B) the transportation, treatment, and disposal
of the domestic, industrial, or communal wastes of the district or
others;
(C) the continuing and orderly development of
land and property in the district through the purchase,
construction, or installation of facilities, works, or
improvements that the district is otherwise authorized to do or
perform so that, to the greatest extent reasonably possible,
considering sound engineering and economic practices, all of the
land and property may ultimately receive the services of the
facilities, works, or improvements; and
(D) the performance of any of the powers granted
by this chapter or the general law relating to municipal utility
districts.
(b) A contract under Subsection (a)(2) may not have a
duration of more than 40 years. (Acts 61st Leg., R.S., Ch. 616,
Sec. 5 (part).)
Sec. 8284.103. EMINENT DOMAIN. The district may exercise
the power of eminent domain only:
(1) in the county in which the district is located; and
(2) when necessary to carry out the purposes for which
the district was created. (Acts 61st Leg., R.S., Ch. 616, Sec. 13
(part).)
Sec. 8284.104. COST OF RELOCATING OR ALTERING PROPERTY.
(a) In this section, "sole expense" means the actual cost of
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of a facility described by Subsection (b)
in providing comparable replacement without enhancement of the
facility, after deducting from that cost the net salvage value of
the old facility.
(b) If the district's exercise of the power of eminent
domain makes necessary the relocation, raising, lowering,
rerouting, changing the grade, or alteration of the construction of
a highway, a railroad, an electric transmission line, a telegraph
or telephone property or facility, or a pipeline, the necessary
action shall be accomplished at the sole expense of the district.
(Acts 61st Leg., R.S., Ch. 616, Sec. 13 (part).)
Sec. 8284.105. NOTICE OF ELECTION. The board president or
secretary may give notice of an election. (Acts 61st Leg., R.S.,
Ch. 616, Sec. 18 (part).)
[Sections 8284.106-8284.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8284.151. TAX METHOD. (a) The district shall use the
ad valorem plan of taxation.
(b) The board is not required to call or hold a hearing on
the adoption of a plan of taxation. (Acts 61st Leg., R.S., Ch. 616,
Sec. 8.)
Sec. 8284.152. DISTRICT ACCOUNTS. The district shall keep
a complete system of the district's accounts. (Acts 61st Leg.,
R.S., Ch. 616, Sec. 14 (part).)
Sec. 8284.153. FISCAL YEAR. The fiscal year of the district
is from January 1 to December 31 of the same year. (Acts 61st Leg.,
R.S., Ch. 616, Sec. 14 (part).)
Sec. 8284.154. COPY OF AUDIT REPORT. A copy of the audit
report prepared under Subchapter G, Chapter 49, Water Code, shall
be delivered:
(1) to each director; and
(2) to a holder of at least 25 percent of the
outstanding bonds of the district, on request. (Acts 61st Leg.,
R.S., Ch. 616, Sec. 14 (part); New.)
Sec. 8284.155. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
The district is not required to pay a tax or assessment on:
(1) district property; or
(2) a purchase made by the district. (Acts 61st Leg.,
R.S., Ch. 616, Sec. 21 (part).)
Sec. 8284.156. DEPOSITORY. (a) The board shall select one
or more banks in this state to act as depository for the district's
money.
(b) To the extent that money in the depository bank is not
insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds.
(c) A director may be a shareholder in a bank that is a
depository of district money. (Acts 61st Leg., R.S., Ch. 616, Sec.
14 (part).)
[Sections 8284.157-8284.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8284.201. LOST OR MUTILATED BONDS. A trust indenture
securing bonds issued under this chapter may provide for the
issuance of bonds to replace lost or mutilated bonds. (Acts 61st
Leg., R.S., Ch. 616, Sec. 12 (part).)
Sec. 8284.202. USE OF BOND PROCEEDS DURING CONSTRUCTION.
(a) The district may appropriate or set aside out of the proceeds
from the sale of any bonds issued under this chapter an amount for
the payment of interest, administrative, and operating expenses
expected to accrue during a period of construction, as may be
provided in the bond orders or resolutions.
(b) For purposes of this section, the period of construction
may not exceed three years. (Acts 61st Leg., R.S., Ch. 616, Sec. 12
(part).)
Sec. 8284.203. REFUNDING BONDS. (a) By order or resolution
adopted by the board, the district may issue tax or revenue
refunding bonds or tax-revenue refunding bonds to refund revenue
bonds or tax-revenue bonds, whether original bonds or refunding
bonds, previously issued by the district.
(b) The comptroller shall register the refunding bonds on
the surrender and cancellation of the bonds to be refunded.
(c) Instead of issuing bonds to be registered on the
surrender and cancellation of the bonds to be refunded, the
district, in the order or resolution authorizing the issuance of
the refunding bonds, may provide for the sale of the refunding bonds
and the deposit of the proceeds in the place or places where the
bonds to be refunded are payable. In that case, the refunding bonds
may be issued if an amount sufficient to pay the principal of and
interest on the bonds to be refunded to their maturity dates, or to
their option dates if according to their terms the bonds have been
called for payment before maturity, has been deposited in the place
or places where the bonds to be refunded are payable, and the
comptroller shall register the refunding bonds without the
surrender and cancellation of the bonds to be refunded. (Acts 61st
Leg., R.S., Ch. 616, Sec. 12 (part).)
CHAPTER 8285. MALCOMSON ROAD UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8285.001. DEFINITIONS
Sec. 8285.002. NATURE OF DISTRICT
Sec. 8285.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8285.004. DISTRICT TERRITORY
[Sections 8285.005-8285.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8285.051. COMPOSITION OF BOARD
[Sections 8285.052-8285.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8285.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8285. MALCOMSON ROAD UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8285.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Malcomson Road Utility
District. (Acts 62nd Leg., R.S., Ch. 658, Sec. 1 (part); New.)
Sec. 8285.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Harris County created
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
R.S., Ch. 658, Sec. 1 (part).)
Sec. 8285.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 658, Secs. 1 (part), 3.)
Sec. 8285.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 658, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 658, Sec. 2; New.)
[Sections 8285.005-8285.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8285.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 658, Sec. 6 (part).)
[Sections 8285.052-8285.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8285.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 658, Sec. 5 (part); New.)
CHAPTER 8286. MASON CREEK UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8286.001. DEFINITIONS
Sec. 8286.002. NATURE OF DISTRICT
Sec. 8286.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8286.004. DISTRICT TERRITORY
[Sections 8286.005-8286.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8286.051. COMPOSITION OF BOARD
[Sections 8286.052-8286.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8286.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8286. MASON CREEK UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8286.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Mason Creek Utility District.
(Acts 62nd Leg., R.S., Ch. 664, Sec. 1 (part); New.)
Sec. 8286.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Harris County created
under Section 59, Article XVI, Texas Constitution. (Acts 62nd
Leg., R.S., Ch. 664, Sec. 1 (part).)
Sec. 8286.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 664, Secs. 1 (part), 3.)
Sec. 8286.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 664, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
the purpose for which the district is created or to pay the
principal of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 664, Sec. 2; New.)
[Sections 8286.005-8286.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8286.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 664, Sec. 6 (part).)
[Sections 8286.052-8286.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8286.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 664, Sec. 5 (part); New.)
CHAPTER 8287. MONTGOMERY COUNTY UTILITY DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8287.001. DEFINITIONS
Sec. 8287.002. NATURE OF DISTRICT
Sec. 8287.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8287.004. DISTRICT TERRITORY
[Sections 8287.005-8287.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8287.051. COMPOSITION OF BOARD
[Sections 8287.052-8287.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8287.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8287. MONTGOMERY COUNTY UTILITY DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8287.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Montgomery County Utility
District No. 2. (Acts 62nd Leg., R.S., Ch. 635, Sec. 1 (part);
New.)
Sec. 8287.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Montgomery County created
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
R.S., Ch. 635, Sec. 1 (part).)
Sec. 8287.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 635, Secs. 1 (part), 3.)
Sec. 8287.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 635, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 635, Sec. 2; New.)
[Sections 8287.005-8287.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8287.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 635, Sec. 6 (part).)
[Sections 8287.052-8287.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8287.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 635, Sec. 5 (part); New.)
CHAPTER 8288. MEEKER MUNICIPAL WATER DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8288.001. DEFINITIONS
Sec. 8288.002. NATURE OF DISTRICT
Sec. 8288.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8288.004. LIBERAL CONSTRUCTION OF CHAPTER
Sec. 8288.005. DISTRICT TERRITORY
[Sections 8288.006-8288.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8288.051. COMPOSITION OF BOARD; TERMS
Sec. 8288.052. QUALIFICATIONS FOR OFFICE
Sec. 8828.053. BOARD RESOLUTIONS; VOTING REQUIREMENTS
Sec. 8288.054. OFFICERS AND ASSISTANTS
Sec. 8288.055. OFFICER DUTIES
Sec. 8288.056. MEETINGS
[Sections 8288.057-8288.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8288.101. DISTRICT POWERS
Sec. 8288.102. GENERAL POWERS REGARDING WATER
Sec. 8288.103. GENERAL POWERS REGARDING WASTE
Sec. 8288.104. GENERAL POWERS REGARDING GARBAGE
COLLECTION AND DISPOSAL
Sec. 8288.105. GENERAL CONTRACT POWERS
Sec. 8288.106. AUTHORITY OF PUBLIC AGENCIES AND
POLITICAL SUBDIVISIONS TO CONTRACT
WITH DISTRICT
Sec. 8288.107. CONVEYANCE OF PROPERTY TO DISTRICT
Sec. 8288.108. ACQUISITION OF EXISTING FACILITIES
Sec. 8288.109. EMINENT DOMAIN
Sec. 8288.110. COST OF RELOCATING OR ALTERING
PROPERTY; RIGHTS-OF-WAY AND EASEMENTS
[Sections 8288.111-8288.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8288.151. IMPOSITION OF MAINTENANCE TAX;
PROHIBITION ON OTHER TAXES OR
ASSESSMENTS
Sec. 8288.152. ELECTION TO IMPOSE TAX
Sec. 8288.153. DEPOSITORY
Sec. 8288.154. INVESTMENT OF DISTRICT MONEY
Sec. 8288.155. DISTRICT FACILITIES EXEMPT FROM
TAXATION AND ASSESSMENT
[Sections 8288.156-8288.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8288.201. AUTHORITY TO ISSUE BONDS
Sec. 8288.202. FORM OF BONDS
Sec. 8288.203. MATURITY
Sec. 8288.204. BONDS SECURED BY REVENUE; ADDITIONAL
BONDS
Sec. 8288.205. ADDITIONAL SECURITY
Sec. 8288.206. TRUST INDENTURE
Sec. 8288.207. CHARGES FOR DISTRICT SERVICES
Sec. 8288.208. STATE PLEDGE REGARDING RIGHTS AND
REMEDIES OF BONDHOLDERS
Sec. 8288.209. USE OF BOND PROCEEDS
Sec. 8288.210. APPOINTMENT OF RECEIVER
Sec. 8288.211. REFUNDING BONDS
Sec. 8288.212. OTHER REMEDIES AND COVENANTS
Sec. 8288.213. LIMITATION ON RIGHTS OF BONDHOLDERS
Sec. 8288.214. BONDS EXEMPT FROM TAXATION
CHAPTER 8288. MEEKER MUNICIPAL WATER DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8288.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Bond" means a bond or note.
(3) "Director" means a member of the board.
(4) "District" means the Meeker Municipal Water
District. (Acts 65th Leg., R.S., Ch. 714, Secs. 1 (part), 4(a)
(part), 15(a) (part); New.)
Sec. 8288.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Jefferson County created
under Section 59, Article XVI, Texas Constitution. (Acts 65th
Leg., R.S., Ch. 714, Sec. 1 (part).)
Sec. 8288.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The accomplishment of the purposes stated in this
chapter is for the benefit of the people of this state and for the
improvement of their property and industries. The district, in
carrying out the purposes of this chapter, will be performing an
essential public function under the constitution. (Acts 65th Leg.,
R.S., Ch. 714, Secs. 3, 22 (part).)
Sec. 8288.004. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed to effect the purposes,
powers, rights, and functions stated in this chapter. (Acts 65th
Leg., R.S., Ch. 714, Sec. 23 (part).)
Sec. 8288.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 1, Chapter 714, Acts
of the 65th Legislature, Regular Session, 1977, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries of the district form a closure. A
mistake in copying the field notes in the legislative process or
another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue bonds or to pay the
principal of and interest on the bonds;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or the
board.
(c) The board may redefine the boundaries of the district to
correct any mistake in the field notes appearing in Section 1,
Chapter 714, Acts of the 65th Legislature, Regular Session, 1977.
(Acts 65th Leg., R.S., Ch. 714, Sec. 2; New.)
[Sections 8288.006-8288.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8288.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of nine elected directors, each of
whom occupies a numbered place on the board.
(b) Directors serve staggered terms.
(c) Director elections must be held in the manner provided
in the Water Code for municipal utility districts. (Acts 65th Leg.,
R.S., Ch. 714, Sec. 4(a) (part).)
Sec. 8288.052. QUALIFICATIONS FOR OFFICE. To be eligible to
be elected or to serve as a director, a person must be a resident,
qualified voter of the district. (Acts 65th Leg., R.S., Ch. 714,
Sec. 4(b).)
Sec. 8828.053. BOARD RESOLUTIONS; VOTING REQUIREMENTS. (a)
The district shall act through orders or resolutions adopted by the
board.
(b) All directors are entitled to vote.
(c) The affirmative vote of a majority of the directors in
attendance, but not fewer than five directors, is necessary to
adopt an order or resolution. (Acts 65th Leg., R.S., Ch. 714, Sec.
4(g).)
Sec. 8288.054. OFFICERS AND ASSISTANTS. (a) The board
shall elect a president, vice president, secretary, and treasurer.
(b) The board shall elect the president and vice president
from among the directors.
(c) The president serves for a one-year term.
(d) The offices of secretary and treasurer:
(1) may be held by one person; and
(2) are not required to be held by a director.
(e) The board may appoint one or more assistant officers who
are not required to be directors. (Acts 65th Leg., R.S., Ch. 714,
Sec. 4(f) (part).)
Sec. 8288.055. OFFICER DUTIES. (a) The board president
shall preside at board meetings and perform other duties prescribed
by the board.
(b) The board secretary is the official custodian of the
minutes, books, records, and seal of the board and shall perform
other duties and functions prescribed by the board.
(c) The board treasurer shall perform duties and functions
prescribed by the board.
(d) An assistant officer may perform any duties or functions
as may be prescribed by the board. (Acts 65th Leg., R.S., Ch. 714,
Sec. 4(f) (part).)
Sec. 8288.056. MEETINGS. The board shall have regular
meetings at times specified by board resolution or bylaws and shall
have special meetings when called by the board president or by any
three directors. (Acts 65th Leg., R.S., Ch. 714, Sec. 4(h).)
[Sections 8288.057-8288.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8288.101. DISTRICT POWERS. The district may exercise
any power necessary or appropriate to achieve the purposes of this
chapter, including the power to:
(1) adopt an official seal;
(2) adopt and enforce:
(A) bylaws and rules for the conduct of its
affairs; and
(B) any rule that a municipal utility district
may adopt and enforce under Section 54.205 et seq., Water Code;
(3) acquire, hold, use, invest, reinvest, and dispose
of its receipts and money from any source;
(4) select a depository or depositories;
(5) acquire, own, rent, lease, accept, hold, or
dispose of property or an interest in property, including a right or
easement, by purchase, exchange, gift, assignment, condemnation,
sale, lease, or other means, in performing a duty or exercising a
power under this chapter;
(6) hold, manage, operate, or improve property;
(7) lease or rent any land, buildings, structures, or
facilities from or to any person;
(8) sell, assign, lease, encumber, mortgage, or
otherwise dispose of property or an interest in property, and
release or relinquish a right, title, claim, lien, interest,
easement, or demand, regardless of the manner in which acquired,
and conduct a transaction authorized by this subdivision by public
or private sale, notwithstanding any other law;
(9) in the manner and to the extent permitted by this
chapter:
(A) borrow money for a corporate purpose;
(B) enter into an agreement in connection with
the borrowing;
(C) issue bonds for money borrowed;
(D) provide for and secure the payment of the
bonds; and
(E) provide for the rights of the holders of the
bonds;
(10) request and accept an appropriation, grant,
allocation, subsidy, guaranty, aid, service, material, or gift from
any public or private source, including the federal government, the
state, a public agency, or a political subdivision;
(11) operate and maintain an office; and
(12) appoint and determine the duties, tenure,
qualifications, and compensation of officers, employees, agents,
and professional advisors and counselors considered necessary or
advisable by the board, including financial consultants,
accountants, attorneys, architects, engineers, appraisers, and
financing experts. (Acts 65th Leg., R.S., Ch. 714, Sec. 10 (part).)
Sec. 8288.102. GENERAL POWERS REGARDING WATER. The
district has all rights, powers, and privileges necessary or useful
to enable it to acquire, provide, supply, deliver, and sell potable
water inside or outside its boundaries for any beneficial purpose.
(Acts 65th Leg., R.S., Ch. 714, Sec. 6.)
Sec. 8288.103. GENERAL POWERS REGARDING WASTE. The
district has all rights, powers, and privileges necessary or useful
to enable it to collect, transport, dispose of, and control
domestic, industrial, or communal wastes, whether in fluid, solid,
or composite state. (Acts 65th Leg., R.S., Ch. 714, Sec. 7.)
Sec. 8288.104. GENERAL POWERS REGARDING GARBAGE COLLECTION
AND DISPOSAL. The district has all rights, powers, and privileges
necessary or useful to enable it to provide for garbage collection
and disposal in all or part of the district on terms and at rates and
charges the board considers just and reasonable to:
(1) preserve the water of rivers and streams in this
state; and
(2) aid in the preservation and conservation of the
natural resources of this state. (Acts 65th Leg., R.S., Ch. 714,
Sec. 8.)
Sec. 8288.105. GENERAL CONTRACT POWERS. (a) The district
may enter into and enforce a contract or agreement necessary or
convenient to the exercise of the powers, rights, privileges, and
functions conferred on the district by this chapter or the general
law, including a contract or agreement with any person as the board
considers necessary or proper for, or in connection with, any power
or function of the district for:
(1) the purchase or sale of water;
(2) the collection, transportation, processing, or
disposal of waste; or
(3) the construction, acquisition, ownership,
financing, operation, maintenance, sale, leasing to or from, or
other use or disposition of any facilities authorized to be
developed, acquired, or constructed under this chapter or the
general law.
(b) The authority to enter into or enforce the contract or
agreement includes the authority to enter into or enforce a
contract or agreement regarding:
(1) any improvements, structures, facilities,
equipment, and other property of any kind in connection with the
subject of the contract or agreement;
(2) any land, leaseholds, and easements; and
(3) any interests in the property.
(c) The contract or agreement:
(1) may not have a term of more than 40 years; and
(2) may contain provisions the board determines to be
in the best interest of the district.
(d) The district may pledge all or part of its revenue to the
payment of its obligations under the contract or agreement to the
same extent and on the same conditions as it may pledge revenue to
secure district bonds. (Acts 65th Leg., R.S., Ch. 714, Sec. 9(a).)
Sec. 8288.106. AUTHORITY OF PUBLIC AGENCIES AND POLITICAL
SUBDIVISIONS TO CONTRACT WITH DISTRICT. A public agency or
political subdivision of this state may enter into a contract or
agreement with the district, on terms agreed to by the parties, for:
(1) the purchase or sale of water;
(2) waste collection, transportation, processing, or
disposal; or
(3) any purpose relating to the district's powers or
functions. (Acts 65th Leg., R.S., Ch. 714, Sec. 9(b) (part).)
Sec. 8288.107. CONVEYANCE OF PROPERTY TO DISTRICT. A public
agency or political subdivision of this state may lease, sell, or
otherwise convey to the district, for any consideration that the
parties agree is adequate, any of its land, improvements, property,
plants, lines, or other facilities related to:
(1) the supply of water; or
(2) waste collection, transportation, processing, or
disposal. (Acts 65th Leg., R.S., Ch. 714, Sec. 9(b) (part).)
Sec. 8288.108. ACQUISITION OF EXISTING FACILITIES. If the
district acquires existing works, improvements, facilities,
plants, equipment, or appliances that are completed, partially
created, or under construction, the district may:
(1) assume the contracts and obligations of the
previous owner; and
(2) perform the obligations of the previous owner in
the same manner and to the same extent that any other purchaser or
assignee would be bound. (Acts 65th Leg., R.S., Ch. 714, Sec. 9(c).)
Sec. 8288.109. EMINENT DOMAIN. (a) To carry out a power
conferred by this chapter, the district may exercise the power of
eminent domain inside or outside the district to acquire the fee
simple title to land, or any other interest in land as determined by
the board, and other property and easements, necessary for water
wells, water or sewer treatment plants, water or sewer lines,
pumping stations and force mains, storage tanks, or other similar
facilities.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code. (Acts 65th
Leg., R.S., Ch. 714, Sec. 11(a) (part).)
Sec. 8288.110. COST OF RELOCATING OR ALTERING PROPERTY;
RIGHTS-OF-WAY AND EASEMENTS. (a) If the district's exercise of its
eminent domain, police, or other power requires relocating,
raising, lowering, rerouting, or changing the grade of or altering
the construction of any highway, railroad, electric, transmission,
telegraph, or telephone line, conduit, pole, property, or facility
or pipeline, the action shall be accomplished at the sole expense of
the district. The term "sole expense" means the actual cost of the
lowering, rerouting, or change in grade or alteration of
construction to provide a comparable replacement without enhancing
the facility, after deducting from the cost the net salvage value
derived from the old facility.
(b) The district has all necessary or useful rights-of-way
and easements along, over, under, and across all public, state,
municipal, and county roads, highways, and places for any of its
purposes. The district shall restore a used facility to its
previous condition as nearly as possible at the sole expense of the
district. (Acts 65th Leg., R.S., Ch. 714, Secs. 11(c), (d).)
[Sections 8288.111-8288.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8288.151. IMPOSITION OF MAINTENANCE TAX; PROHIBITION
ON OTHER TAXES OR ASSESSMENTS. (a) The district may impose a tax,
not to exceed 10 cents on each $100 of the assessed value of taxable
property in the district according to the most recent certified tax
appraisal roll of the district, for:
(1) maintenance purposes, including money for
studying, planning, maintaining, repairing, and operating all
necessary plants, works, facilities, improvements, appliances, and
equipment of the district;
(2) paying costs of proper services, engineering, and
legal fees; and
(3) organization and administrative expenses.
(b) The district may not impose a maintenance tax unless the
tax is approved by a majority of the voters voting at an election
held for that purpose.
(c) Except for the maintenance tax authorized by this
section, the district may not under this chapter or any other law
levy or collect a tax or assessment or create a debt payable from a
tax or assessment. (Acts 65th Leg., R.S., Ch. 714, Secs. 12(a), (b)
(part), (c).)
Sec. 8288.152. ELECTION TO IMPOSE TAX. (a) The board may
order an election to impose a maintenance tax. The election order
must specify:
(1) the time and place of the election;
(2) the maximum amount of tax to be authorized;
(3) the form of the ballot; and
(4) other matters the board considers necessary or
advisable.
(b) Notice of the election must be given by publishing once
a week for two consecutive weeks a substantial copy of the election
order in a newspaper of general circulation in the district. The
first publication must occur at least 14 days before the date of the
election. (Acts 65th Leg., R.S., Ch. 714, Sec. 12(b) (part).)
Sec. 8288.153. DEPOSITORY. (a) The board shall designate
one or more banks inside or outside the district to serve as the
depository for the district's money.
(b) All district money shall be deposited in the depository
designated by the board, except that:
(1) bond proceeds and money pledged to pay bonds, to
the extent provided in a resolution or trust indenture authorizing
or securing district bonds, may be deposited with another bank or
trustee named in the bond resolution or trust indenture; and
(2) money shall be remitted to each paying agent for
the payment of principal of and interest on the bonds.
(c) To the extent that money in a depository bank or the
trustee bank is not insured by the Federal Deposit Insurance
Corporation, the money must be secured in the manner provided by law
for the security of the county funds in this state. (Acts 65th
Leg., R.S., Ch. 714, Sec. 19 (part).)
Sec. 8288.154. INVESTMENT OF DISTRICT MONEY. The board may
invest district money in obligations and make time deposits of
district money in a manner determined by the board or in the manner
permitted or required in a resolution or trust indenture
authorizing or securing district bonds. (Acts 65th Leg., R.S., Ch.
714, Sec. 19 (part).)
Sec. 8288.155. DISTRICT FACILITIES EXEMPT FROM TAXATION AND
ASSESSMENT. The district is not required to pay a tax or assessment
on its facilities or any part of its facilities. (Acts 65th Leg.,
R.S., Ch. 714, Sec. 22 (part).)
[Sections 8288.156-8288.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8288.201. AUTHORITY TO ISSUE BONDS. (a) The district
may issue bonds payable from and secured by district revenue to
carry out any power conferred by this chapter. The bonds must be
authorized by a board resolution.
(b) The bonds must be issued in the manner and under the
terms of the resolution authorizing the issuance of the bonds.
(Acts 65th Leg., R.S., Ch. 714, Secs. 15(a) (part), (b) (part).)
Sec. 8288.202. FORM OF BONDS. District bonds must be:
(1) issued in the district's name;
(2) signed by the president or vice president; and
(3) attested by the secretary. (Acts 65th Leg., R.S.,
Ch. 714, Sec. 15(b) (part).)
Sec. 8288.203. MATURITY. District bonds must mature not
later than 40 years after the date of their issuance. (Acts 65th
Leg., R.S., Ch. 714, Sec. 15(b) (part).)
Sec. 8288.204. BONDS SECURED BY REVENUE; ADDITIONAL BONDS.
(a) District bonds may be secured by a pledge of all or part of the
district's revenue, or by all or part of the payments or rentals
under one or more contracts or leases specified by board resolution
or a trust indenture securing the bonds.
(b) A resolution authorizing the issuance of bonds secured
by a pledge of revenue of all or part of the district's facilities
may provide that the district shall first pay the expenses of
operating and maintaining all or part of the facilities as the board
considers appropriate before paying the principal of and interest
on the bonds.
(c) In a resolution authorizing the issuance of bonds
secured by revenue, contract payments, or lease rentals, the
district may reserve the right, under conditions specified by the
resolution, to issue additional bonds that will be on a parity with,
superior to, or subordinate to the bonds then being issued. (Acts
65th Leg., R.S., Ch. 714, Sec. 15(d).)
Sec. 8288.205. ADDITIONAL SECURITY. (a) District bonds
may be additionally secured, at the discretion of the board, by a
deed of trust or mortgage lien on all or part of the district's
physical property, facilities, easements, water rights and
appropriation permits, leases, contracts, and all rights
appurtenant to the property, vesting in the trustee power to:
(1) sell the property for the payment of the debt;
(2) operate the property; and
(3) take other action to further secure the bonds.
(b) A purchaser under a sale under the deed of trust lien, if
one is given:
(1) is the absolute owner of the property, facilities,
and rights purchased; and
(2) is entitled to maintain and operate the property,
facilities, and rights. (Acts 65th Leg., R.S., Ch. 714, Sec. 16
(part).)
Sec. 8288.206. TRUST INDENTURE. District bonds authorized
by this chapter, including refunding bonds, may be additionally
secured by a trust indenture. The trustee may be a bank with trust
powers that is located inside or outside the state. (Acts 65th
Leg., R.S., Ch. 714, Sec. 16 (part).)
Sec. 8288.207. CHARGES FOR DISTRICT SERVICES. If district
bonds payable wholly from revenue are issued, the board shall set
and revise the rates, fees, and charges assessed for water sold and
waste collection and treatment services provided by the district.
The rates, fees, and charges must be sufficient to:
(1) pay the expense of operating and maintaining the
district facilities that generate the revenue from which the bonds
will be paid;
(2) pay the principal of and interest on the bonds when
due; and
(3) maintain the reserve fund and other funds as
provided in the resolution authorizing the bonds. (Acts 65th Leg.,
R.S., Ch. 714, Sec. 15(e) (part).)
Sec. 8288.208. STATE PLEDGE REGARDING RIGHTS AND REMEDIES
OF BONDHOLDERS. Without depriving this state of its power to
regulate and control the rates, fees, and charges assessed for
water sold and waste collection and treatment services provided by
the district, the state pledges to and agrees with the holders of
district bonds that the state will not exercise its power to
regulate and control the rates, fees, and charges in any way that
would impair the rights or remedies of the holders of the bonds.
(Acts 65th Leg., R.S., Ch. 714, Sec. 15(e) (part).)
Sec. 8288.209. USE OF BOND PROCEEDS. (a) The district may
set aside an amount of proceeds from the sale of district bonds for:
(1) the payment of interest expected to accrue during
construction not to exceed three years;
(2) a debt service reserve fund; and
(3) other funds as may be provided in the resolution
authorizing the bonds or in the trust indenture.
(b) The district may use proceeds from the sale of the bonds
to pay any expense necessarily incurred in accomplishing the
purpose of the district, including any expense of issuing and
selling the bonds. (Acts 65th Leg., R.S., Ch. 714, Sec. 15(f).)
Sec. 8288.210. APPOINTMENT OF RECEIVER. (a) On default or
threatened default in the payment of the principal of or interest on
district bonds that are payable wholly or partly from revenue, a
court may, on petition of the holders of at least 25 percent of the
district's outstanding revenue bonds, appoint a receiver for the
district.
(b) The receiver may collect and receive all district
revenue, other than taxes, employ and discharge district agents and
employees, and take charge of money on hand, other than money
received from taxes, unless commingled, and or hindrance by the
board.
(c) The receiver may be authorized to sell or contract for
the sale of water or the collection or treatment of waste or to
renew contracts with the approval of the court that appointed the
receiver.
(d) The court may vest the receiver with any other power or
duty the court finds necessary to protect the holders of the bonds.
(Acts 65th Leg., R.S., Ch. 714, Sec. 15(g) (part).)
Sec. 8288.211. REFUNDING BONDS. (a) The district may issue
refunding bonds to refund outstanding district bonds and interest
on those bonds. Refunding bonds may be issued without an election.
(b) Refunding bonds may:
(1) be issued to refund bonds of more than one series;
(2) combine the pledges for the outstanding bonds for
the security of the refunding bonds; or
(3) be secured by a pledge of other or additional
revenue or mortgage liens.
(c) The provisions of this subchapter regarding the
issuance of other bonds, their security, and the remedies of the
holders apply to refunding bonds.
(d) The comptroller shall register the refunding bonds on
the surrender and cancellation of the bonds to be refunded.
(e) Instead of issuing bonds to be registered on the
surrender and cancellation of the bonds to be refunded, the
district, in the resolution authorizing the issuance of the
refunding bonds, may provide for the sale of the refunding bonds and
the deposit of the proceeds in a bank at which the bonds to be
refunded are payable. In that case, the refunding bonds may be
issued in an amount sufficient to pay the principal of and interest
and any required redemption premium on the bonds to be refunded to
any redemption date or to their maturity date, and the comptroller
shall register the refunding bonds without the surrender and
cancellation of the bonds to be refunded.
(f) The district may also issue refunding bonds under any
other applicable law. (Acts 65th Leg., R.S., Ch. 714, Sec. 17.)
Sec. 8288.212. OTHER REMEDIES AND COVENANTS. The
resolution authorizing the issuance of any district bonds
authorized under this chapter, including refunding bonds, or the
trust indenture securing the bonds, may provide other remedies and
covenants the board considers necessary to issue the bonds on the
most favorable terms. (Acts 65th Leg., R.S., Ch. 714, Sec. 15(h).)
Sec. 8288.213. LIMITATION ON RIGHTS OF BONDHOLDERS. The
resolution authorizing the bonds or the trust indenture securing
the bonds may limit or qualify the rights of the holders of less
than all of the outstanding bonds payable from the same source to
institute or prosecute litigation affecting the district's
property or income. (Acts 65th Leg., R.S., Ch. 714, Sec. 15(g)
(part).)
Sec. 8288.214. BONDS EXEMPT FROM TAXATION. A district
bond, the transfer of the bond, and the income from the bond,
including profits made on the sale of the bond, are exempt from
taxation in this state. (Acts 65th Leg., R.S., Ch. 714, Sec. 22
(part).)
CHAPTER 8289. MEMORIAL POINT UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8289.001. DEFINITIONS
Sec. 8289.002. NATURE OF DISTRICT
Sec. 8289.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8289.004. DISTRICT TERRITORY
[Sections 8289.005-8289.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8289.051. COMPOSITION OF BOARD
[Sections 8289.052-8289.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8289.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8289. MEMORIAL POINT UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8289.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Memorial Point Utility
District. (Acts 62nd Leg., R.S., Ch. 423, Sec. 1 (part); New.)
Sec. 8289.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Polk County created under
Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg., R.S.,
Ch. 423, Sec. 1 (part).)
Sec. 8289.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 423, Secs. 1 (part), 3.)
Sec. 8289.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 423, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 423, Sec. 2; New.)
[Sections 8289.005-8289.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8289.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 423, Sec. 6 (part).)
[Sections 8289.052-8289.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8289.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 423, Sec. 5 (part); New.)
CHAPTER 8290. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8290.001. DEFINITIONS
Sec. 8290.002. NATURE OF DISTRICT
Sec. 8290.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8290.004. DISTRICT TERRITORY
[Sections 8290.005-8290.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8290.051. COMPOSITION OF BOARD
[Sections 8290.052-8290.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8290.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8290. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8290.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Montgomery County Municipal
Utility District No. 6. (Acts 62nd Leg., R.S., Ch. 693, Sec. 1
(part); New.)
Sec. 8290.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Montgomery County created
under Section 59, Article XVI, Texas Constitution. (Acts 62nd
Leg., R.S., Ch. 693, Sec. 1 (part).)
Sec. 8290.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 693, Secs. 1 (part), 3.)
Sec. 8290.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 693, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bonds for
a purpose for which the district is created or to pay the principal
of and interest on the bonds;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 693, Sec. 2; New.)
[Sections 8290.005-8290.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8290.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 693, Sec. 6 (part).)
[Sections 8290.052-8290.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8290.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 693, Sec. 5 (part); New.)
CHAPTER 8291. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 7
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8291.001. DEFINITIONS
Sec. 8291.002. NATURE OF DISTRICT
Sec. 8291.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8291.004. DISTRICT TERRITORY
[Sections 8291.005-8291.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8291.051. COMPOSITION OF BOARD
[Sections 8291.052-8291.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8291.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8291. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 7
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8291.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Montgomery County Municipal
Utility District No. 7. (Acts 62nd Leg., R.S., Ch. 694, Sec. 1
(part); New.)
Sec. 8291.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Montgomery County created
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
R.S., Ch. 694, Sec. 1 (part).)
Sec. 8291.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 694, Secs. 1 (part), 3.)
Sec. 8291.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 694, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bonds for
a purpose for which the district is created or to pay the principal
of and interest on the bonds;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 694, Sec. 2; New.)
[Sections 8291.005-8291.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8291.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 694, Sec. 6 (part).)
[Sections 8291.052-8291.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8291.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 694, Sec. 5 (part); New.)
CHAPTER 8292. MONTGOMERY COUNTY MUNICIPAL UTILITY
DISTRICT NO. 67
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8292.001. DEFINITIONS
Sec. 8292.002. NATURE OF DISTRICT
Sec. 8292.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8292.004. DISTRICT TERRITORY
[Sections 8292.005-8292.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8292.051. COMPOSITION OF BOARD; TERMS
Sec. 8292.052. BOARD VACANCY
[Sections 8292.053-8292.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8292.101. MUNICIPAL UTILITY DISTRICT POWERS
Sec. 8292.102. WATER CONSERVATION PROGRAM
CHAPTER 8292. MONTGOMERY COUNTY MUNICIPAL UTILITY
DISTRICT NO. 67
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8292.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Montgomery County Municipal
Utility District No. 67. (Acts 69th Leg., R.S., Ch. 756, Secs. 1(a)
(part), 2; New.)
Sec. 8292.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Montgomery County created
under Section 59, Article XVI, Texas Constitution. (Acts 69th
Leg., R.S., Ch. 756, Sec. 1(a) (part).)
Sec. 8292.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
69th Leg., R.S., Ch. 756, Secs. 1(b), 5.)
Sec. 8292.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 3, Chapter 756, Acts
of the 69th Legislature, Regular Session, 1985, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in the field notes or in copying the field notes
in the legislative process does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bonds for
a purpose for which the district is created or to pay the principal
of and interest on the bonds;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing board. (Acts 69th Leg., R.S., Ch. 756, Sec. 4; New.)
[Sections 8292.005-8292.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8292.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five elected directors.
(b) Directors serve staggered four-year terms. (Acts 69th
Leg., R.S., Ch. 756, Secs. 8(a), 10 (part).)
Sec. 8292.052. BOARD VACANCY. (a) Except as provided by
Subsection (b), if a director fails to qualify for office, the
remaining directors shall appoint a person to fill the vacancy
until the next election of directors for the district. If the
vacant position is not regularly scheduled to be filled at that
election, the person elected at that election to fill the vacancy
serves only for the unexpired term.
(b) If at any time there are fewer than three qualified
directors, the Texas Commission on Environmental Quality shall
appoint, on petition of a landowner in the district, the necessary
number of directors to fill all vacancies on the board. Persons
appointed under this subsection serve the same terms as provided
for persons appointed under Subsection (a). (Acts 69th Leg., R.S.,
Ch. 756, Sec. 8(d).)
[Sections 8292.053-8292.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8292.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions provided
by general law applicable to a municipal utility district created
under Section 59, Article XVI, Texas Constitution, including
Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S., Ch. 756,
Sec. 6(a) (part); New.)
Sec. 8292.102. WATER CONSERVATION PROGRAM. (a) In this
section, "program of water conservation" means the practices,
techniques, and technologies that will reduce water consumption,
reduce water loss or waste, improve efficiency in water use, or
increase water recycling and reuse so that a water supply is
available for future or alternative uses.
(b) The district shall adopt and implement a program of
water conservation consistent with rules and criteria adopted and
enforceable by the Texas Commission on Environmental Quality for
similarly situated districts in the region. (Acts 69th Leg., R.S.,
Ch. 756, Sec. 7.)
CHAPTER 8293. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 9
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8293.001. DEFINITIONS
Sec. 8293.002. NATURE OF DISTRICT
Sec. 8293.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8293.004. DISTRICT TERRITORY
[Sections 8293.005-8293.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8293.051. COMPOSITION OF BOARD
[Sections 8293.052-8293.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8293.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8293. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 9
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8293.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Montgomery County Municipal
Utility District No. 9. (Acts 62nd Leg., R.S., Ch. 704, Sec. 1
(part); New.)
Sec. 8293.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Montgomery County created
under Section 59, Article XVI, Texas Constitution. (Acts 62nd
Leg., R.S., Ch. 704, Sec. 1 (part).)
Sec. 8293.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 704, Secs. 1 (part), 3.)
Sec. 8293.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 704, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 704, Sec. 2; New.)
[Sections 8293.005-8293.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8293.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 704, Sec. 6 (part).)
[Sections 8293.052-8293.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8293.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 704, Sec. 5 (part); New.)
CHAPTER 8302. MONTGOMERY COUNTY UTILITY DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8302.001. DEFINITIONS
Sec. 8302.002. NATURE OF DISTRICT
Sec. 8302.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8302.004. DISTRICT TERRITORY
[Sections 8302.005-8302.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8302.051. COMPOSITION OF BOARD
[Sections 8302.052-8302.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8302.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8302. MONTGOMERY COUNTY UTILITY DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8302.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Montgomery County Utility
District No. 3. (Acts 62nd Leg., R.S., Ch. 634, Sec. 1 (part);
New.)
Sec. 8302.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Montgomery County created
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
R.S., Ch. 634, Sec. 1 (part).)
Sec. 8302.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 634, Secs. 1 (part), 3.)
Sec. 8302.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 634, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 634, Sec. 2; New.)
[Sections 8302.005-8302.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8302.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 634, Sec. 6 (part).)
[Sections 8302.052-8302.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8302.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 634, Sec. 5 (part); New.)
CHAPTER 8303. MONTGOMERY COUNTY UTILITY DISTRICT NO. 4
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8303.001. DEFINITIONS
Sec. 8303.002. NATURE OF DISTRICT
Sec. 8303.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8303.004. DISTRICT TERRITORY
[Sections 8303.005-8303.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8303.051. COMPOSITION OF BOARD
[Sections 8303.052-8303.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8303.101. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8303. MONTGOMERY COUNTY UTILITY DISTRICT NO. 4
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8303.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Montgomery County Utility
District No. 4. (Acts 62nd Leg., R.S., Ch. 344, Sec. 1 (part); New.)
Sec. 8303.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Montgomery County created
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
R.S., Ch. 344, Sec. 1 (part).)
Sec. 8303.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
62nd Leg., R.S., Ch. 344, Secs. 1 (part), 3.)
Sec. 8303.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 344, Acts
of the 62nd Legislature, Regular Session, 1971, as that territory
may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bonds for
a purpose for which the district is created or to pay the principal
of and interest on the bonds;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 62nd Leg., R.S., Ch. 344, Sec. 2; New.)
[Sections 8303.005-8303.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8303.051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (Acts 62nd Leg.,
R.S., Ch. 344, Sec. 6 (part).)
[Sections 8303.052-8303.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8303.101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions
conferred by general law applicable to a municipal utility
district, including Chapters 49 and 54, Water Code. (Acts 62nd
Leg., R.S., Ch. 344, Sec. 5 (part); New.)
SECTION 1.05. Subtitle H, Title 6, Special District Local
Laws Code, is amended by adding Chapters 8805, 8809, 8814, 8816,
8825, 8826, 8827, 8828, 8829, 8831, 8832, 8834, 8836, 8840, 8842,
8844, 8846, 8848, and 8849 to read as follows:
CHAPTER 8805. LIPAN-KICKAPOO WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8805.001. DEFINITIONS
Sec. 8805.002. NATURE OF DISTRICT
Sec. 8805.003. LEGISLATIVE FINDINGS
Sec. 8805.004. DISTRICT TERRITORY
Sec. 8805.005. OWNERSHIP OF GROUNDWATER AND SURFACE
WATER RIGHTS NOT AFFECTED BY CHAPTER
[Sections 8805.006-8805.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8805.051. COMPOSITION OF BOARD; TERMS
Sec. 8805.052. ELECTION OF DIRECTORS
Sec. 8805.053. QUALIFICATIONS FOR ELECTION
Sec. 8805.054. BOARD VACANCY
Sec. 8805.055. COMPOSITION OF BOARD AND ELECTION OF
DIRECTORS FOLLOWING ANNEXATION
Sec. 8805.056. VOTE REQUIRED FOR OFFICIAL BOARD ACTION
[Sections 8805.057-8805.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8805.101. GENERAL POWERS AND DUTIES
Sec. 8805.102. SEAL
Sec. 8805.103. CONTROL, STORAGE, AND PRESERVATION OF
STORM AND FLOOD WATER
Sec. 8805.104. RECLAMATION
Sec. 8805.105. SOIL CONSERVATION AND IMPROVEMENT
Sec. 8805.106. ACQUISITION OF PROPERTY
Sec. 8805.107. SALE AND DISPOSAL OF PROPERTY
Sec. 8805.108. BORROWING MONEY
Sec. 8805.109. APPEARANCE BEFORE RAILROAD COMMISSION
CHAPTER 8805. LIPAN-KICKAPOO WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8805.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Lipan-Kickapoo Water
Conservation District. (Acts 70th Leg., R.S., Ch. 439, Sec. 1;
New.)
Sec. 8805.002. NATURE OF DISTRICT. The district is created
under Section 59, Article XVI, Texas Constitution, to provide for
the conservation, preservation, protection, recharge, and
prevention of waste and pollution of the district's groundwater and
surface water, consistent with the objectives of Section 59,
Article XVI, Texas Constitution, and Chapter 36, Water Code. (Acts
70th Leg., R.S., Ch. 439, Secs. 2(a) (part), (b).)
Sec. 8805.003. LEGISLATIVE FINDINGS. The legislature finds
that:
(1) the creation of the district is feasible and
practicable;
(2) the district will benefit the land in the
district;
(3) there is a public necessity for the district; and
(4) the district will provide a public use and
benefit. (Acts 70th Leg., R.S., Ch. 439, Sec. 3.)
Sec. 8805.004. DISTRICT TERRITORY. The district is
composed of the territory described by Section 4, Chapter 439, Acts
of the 70th Legislature, Regular Session, 1987, as that territory
may have been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law. (New.)
Sec. 8805.005. OWNERSHIP OF GROUNDWATER AND SURFACE WATER
RIGHTS NOT AFFECTED BY CHAPTER. The ownership and rights of the
owner of land, the owner's lessees, and assigns in groundwater and
any surface water rights are recognized and this chapter does not
deprive or divest the owner, the owner's lessees, or assigns of
those ownership rights. (Acts 70th Leg., R.S., Ch. 439, Sec. 16.)
[Sections 8805.006-8805.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8805.051. COMPOSITION OF BOARD; TERMS. (a) The board
consists of:
(1) an equal number of directors from each county in
the district, elected by a majority vote of the voters residing in
any part of the county that is included in the district; and
(2) one director elected from the district at large.
(b) Directors serve staggered four-year terms.
(c) A director takes office at the first regular meeting of
the board following the director's election to the board. (Acts
70th Leg., R.S., Ch. 439, Secs. 8(a) (part), 9(b), 10(a).)
Sec. 8805.052. ELECTION OF DIRECTORS. (a) Every second
year, the board shall hold an election on the uniform election date
in May provided by Section 41.001, Election Code, to elect the
appropriate number of directors.
(b) Three directors are elected at one election and four at
the next election in continuing sequence unless the number of
directors changes under Section 8805.055. (Acts 70th Leg., R.S.,
Ch. 439, Secs. 9(a), 10(b).)
Sec. 8805.053. QUALIFICATIONS FOR ELECTION. (a) To be
qualified for election as a director, a person must be:
(1) a resident of the district or proposed district;
and
(2) at least 18 years of age.
(b) In addition to the requirements of Subsection (a), a
director from a county area must be a resident of that county.
(Acts 70th Leg., R.S., Ch. 439, Secs. 7(a) (part), (b).)
Sec. 8805.054. BOARD VACANCY. (a) If a vacancy occurs in
the office of director, the remaining directors shall appoint a
replacement who meets the qualifications of Section 8805.053.
(b) The appointed replacement serves until the next
directors' election.
(c) If the position is not regularly scheduled to be filled
at the next election, the person elected to fill the position serves
for the remainder of the unexpired term. (Acts 70th Leg., R.S., Ch.
439, Sec. 8(b).)
Sec. 8805.055. COMPOSITION OF BOARD AND ELECTION OF
DIRECTORS FOLLOWING ANNEXATION. (a) When the district annexes
territory, the board shall change the number of directors, if
necessary, so that:
(1) an equal number of directors is elected by
district voters of each county; and
(2) one director is elected from the district at
large.
(b) If the board changes the number of directors under
Subsection (a), the board shall provide that, as nearly as
possible, half of the directors are elected at each subsequent
election in continuing sequence. (Acts 70th Leg., R.S., Ch. 439,
Sec. 8(c).)
Sec. 8805.056. VOTE REQUIRED FOR OFFICIAL BOARD ACTION. An
official action of the board is not valid without the affirmative
vote of a majority of the directors. (Acts 70th Leg., R.S., Ch.
439, Sec. 12 (part).)
[Sections 8805.057-8805.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8805.101. GENERAL POWERS AND DUTIES. (a) Except to
the extent of any conflict with this chapter or as specifically
limited by this chapter, the district:
(1) is governed by and subject to Chapter 36 and
Subchapters H and I, Chapter 49, Water Code; and
(2) may exercise the powers provided by the chapters
described by Subdivision (1), including the power to issue bonds,
impose taxes, and exercise eminent domain authority.
(b) The district shall exercise the duties provided by the
chapters specified by Subsection (a)(1). (Acts 70th Leg., R.S.,
Ch. 439, Secs. 5, 14(l).)
Sec. 8805.102. SEAL. The board may adopt a seal for the
district. (Acts 70th Leg., R.S., Ch. 439, Sec. 14(b).)
Sec. 8805.103. CONTROL, STORAGE, AND PRESERVATION OF STORM
AND FLOOD WATER. The district may control, store, and preserve
storm water and floodwater in the district and water of rivers and
streams in the district for:
(1) irrigation of arid land;
(2) prevention of floods and flood damage in the
district; and
(3) domestic, agricultural, and industrial use. (Acts
70th Leg., R.S., Ch. 439, Sec. 14(c).)
Sec. 8805.104. RECLAMATION. The district may:
(1) reclaim land in the district; and
(2) construct works, facilities, and improvements
necessary to accomplish that purpose. (Acts 70th Leg., R.S., Ch.
439, Sec. 14(d).)
Sec. 8805.105. SOIL CONSERVATION AND IMPROVEMENT. The
district may construct and maintain terraces or other structures on
land in the district and may engage in or promote land treatment
measures for soil conservation and improvement. (Acts 70th Leg.,
R.S., Ch. 439, Sec. 14(e).)
Sec. 8805.106. ACQUISITION OF PROPERTY. The district may
acquire land or other property necessary to carry out this chapter
by:
(1) gift;
(2) grant;
(3) devise;
(4) lease;
(5) purchase; or
(6) condemnation. (Acts 70th Leg., R.S., Ch. 439,
Sec. 14(h).)
Sec. 8805.107. SALE AND DISPOSAL OF PROPERTY. Subject to
this chapter and Chapter 36, Water Code, the district may sell or
otherwise dispose of land and other property of the district that
the board determines is not necessary to carry out the purposes or
powers of the district. (Acts 70th Leg., R.S., Ch. 439, Sec. 14(i).)
Sec. 8805.108. BORROWING MONEY. The district may borrow
money for any purpose authorized by this chapter. (Acts 70th Leg.,
R.S., Ch. 439, Sec. 14(k).)
Sec. 8805.109. APPEARANCE BEFORE RAILROAD COMMISSION. The
district, through the directors or the district's general manager,
may appear before the Railroad Commission of Texas and present
evidence and information relating to any pending permit application
for an injection well to be located in the district. (Acts 70th
Leg., R.S., Ch. 439, Sec. 14(j).)
CHAPTER 8809. ANDERSON COUNTY UNDERGROUND WATER CONSERVATION
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8809.001. DEFINITIONS
Sec. 8809.002. NATURE OF DISTRICT
Sec. 8809.003. LEGISLATIVE FINDINGS
Sec. 8809.004. DISTRICT TERRITORY
[Sections 8809.005-8809.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8809.051. COMPOSITION OF BOARD; TERMS
Sec. 8809.052. ELECTION DATE
Sec. 8809.053. QUALIFICATIONS FOR ELECTION
Sec. 8809.054. BOARD RESOLUTIONS; VOTING REQUIREMENTS
Sec. 8809.055. NOTICE OF MEETINGS
[Sections 8809.056-8809.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8809.101. GROUNDWATER CONSERVATION DISTRICT
POWERS AND DUTIES
Sec. 8809.102. LIMITATIONS ON DISTRICT POWERS
Sec. 8809.103. REGULATION OF GROUNDWATER PUMPING AND
USE
Sec. 8809.104. PURCHASE OF WATER BY INJECTION WELL
PERMIT HOLDER
Sec. 8809.105. DISPOSAL OF SALT DOME LEACHATE
Sec. 8809.106. WATER WELL FEES
Sec. 8809.107. DISSOLUTION OF DISTRICT
CHAPTER 8809. ANDERSON COUNTY UNDERGROUND WATER CONSERVATION
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8809.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Anderson County Underground
Water Conservation District. (Acts 70th Leg., R.S., Ch. 992, Sec.
1; New.)
Sec. 8809.002. NATURE OF DISTRICT. The district is created
under Section 59, Article XVI, Texas Constitution. (Acts 70th
Leg., R.S., Ch. 992, Sec. 2 (part).)
Sec. 8809.003. LEGISLATIVE FINDINGS. The legislature finds
that:
(1) the creation of the district is feasible and
practicable;
(2) the district will benefit the land in the
district;
(3) there is a public necessity for the district; and
(4) the district will provide a public use and
benefit. (Acts 70th Leg., R.S., Ch. 992, Sec. 3.)
Sec. 8809.004. DISTRICT TERRITORY. The district is
composed of the territory described by Section 4, Chapter 992, Acts
of the 70th Legislature, Regular Session, 1987, as that territory
may have been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law. (New.)
[Sections 8809.005-8809.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8809.051. COMPOSITION OF BOARD; TERMS. (a) The board
is composed of nine directors.
(b) Directors serve staggered four-year terms. (Acts 70th
Leg., R.S., Ch. 992, Secs. 8, 10(a), (b) (part).)
Sec. 8809.052. ELECTION DATE. Every two years, an election
shall be held on the uniform election date in May to elect the
appropriate number of directors. (Acts 70th Leg., R.S., Ch. 992,
Sec. 9.)
Sec. 8809.053. QUALIFICATIONS FOR ELECTION. To be
qualified for election as a director, a person must be:
(1) a resident of the district; and
(2) at least 18 years of age. (Acts 70th Leg., R.S.,
Ch. 992, Sec. 7.)
Sec. 8809.054. BOARD RESOLUTIONS; VOTING REQUIREMENTS. (a)
The district shall act by resolutions adopted by the board.
(b) All directors are entitled to vote.
(c) The affirmative vote of a majority of the board is
necessary to adopt a resolution. (Acts 70th Leg., R.S., Ch. 992,
Secs. 13(a) (part), (b).)
Sec. 8809.055. NOTICE OF MEETINGS. The board must publish
notice in a newspaper of general circulation in the district not
later than the fifth day before the date the board is scheduled to
meet. (Acts 70th Leg., R.S., Ch. 992, Sec. 14.)
[Sections 8809.056-8809.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8809.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. Except to the extent of any conflict with this chapter
or as specifically limited by this chapter, the district is
governed by and subject to Chapter 36, Water Code, and has the
powers and duties provided by Chapter 36, Water Code. (Acts 70th
Leg., R.S., Ch. 992, Sec. 5 (part).)
Sec. 8809.102. LIMITATIONS ON DISTRICT POWERS. The
district does not have the power to issue bonds and impose taxes
under Subchapters F and G, Chapter 36, Water Code. (Acts 70th Leg.,
R.S., Ch. 992, Sec. 5 (part).)
Sec. 8809.103. REGULATION OF GROUNDWATER PUMPING AND USE.
The district may:
(1) prohibit the pumping or use of groundwater if the
district determines that the pumping would present an unreasonable
risk of pollution; or
(2) limit the pumping of groundwater to uses
determined by the board to benefit the district. (Acts 70th Leg.,
R.S., Ch. 992, Secs. 12(a), (b).)
Sec. 8809.104. PURCHASE OF WATER BY INJECTION WELL PERMIT
HOLDER. The district may require persons holding a permit for an
injection well to purchase water from the district. (Acts 70th
Leg., R.S., Ch. 992, Sec. 12(c).)
Sec. 8809.105. DISPOSAL OF SALT DOME LEACHATE. The
district may:
(1) adopt rules for the disposal of salt dome leachate
in the district; or
(2) require the disposal of salt dome leachate outside
the district. (Acts 70th Leg., R.S., Ch. 992, Sec. 12(d).)
Sec. 8809.106. WATER WELL FEES. (a) The district shall
impose a fee on each water well at the time a permit is first issued
and may impose an annual fee on each well.
(b) The amount of a well fee must be set according to:
(1) the size of the column pipe used in the well;
(2) the production capacity of the well; or
(3) the amount of water produced.
(c) The board shall adopt rules relating to the rates for
the fees.
(d) The board may:
(1) adopt rules classifying the types of uses made of
groundwater in the district; and
(2) use the classifications to determine, in part, the
amount of fees to be imposed under this section.
(e) The district may use money collected from fees to manage
and operate the district. (Acts 70th Leg., R.S., Ch. 992, Sec. 15.)
Sec. 8809.107. DISSOLUTION OF DISTRICT. The district may
be dissolved as provided by Subchapter P, Chapter 51, Water Code.
(Acts 70th Leg., R.S., Ch. 992, Sec. 16.)
CHAPTER 8814. STERLING COUNTY UNDERGROUND WATER CONSERVATION
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8814.001. DEFINITIONS
Sec. 8814.002. NATURE OF DISTRICT
Sec. 8814.003. LEGISLATIVE FINDINGS
Sec. 8814.004. DISTRICT TERRITORY
Sec. 8814.005. DISTRICT NAME CHANGE
Sec. 8814.006. OWNERSHIP OF GROUNDWATER AND SURFACE
WATER RIGHTS NOT AFFECTED BY CHAPTER
Sec. 8814.007. PAYMENT OF ORGANIZATIONAL EXPENSES
[Sections 8814.008-8814.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8814.051. COMPOSITION OF BOARD; TERMS
Sec. 8814.052. ELECTION OF DIRECTORS
Sec. 8814.053. ELECTION DATE
Sec. 8814.054. QUALIFICATIONS FOR ELECTION;
ELIGIBILITY TO SERVE
Sec. 8814.055. BOARD VACANCY
Sec. 8814.056. COMPOSITION OF BOARD FOLLOWING
ANNEXATION OR CONSOLIDATION
Sec. 8814.057. COMPENSATION; EXPENSES
Sec. 8814.058. VOTE REQUIRED FOR OFFICIAL BOARD ACTION
Sec. 8814.059. OFFICERS
Sec. 8814.060. GENERAL MANAGER; SERVICE OF PROCESS
Sec. 8814.061. TREASURER AND ATTORNEY
Sec. 8814.062. ENGINEER
Sec. 8814.063. PERSONNEL
Sec. 8814.064. DISTRICT OFFICE
Sec. 8814.065. MEETINGS
Sec. 8814.066. RECORDS
[Sections 8814.067-8814.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8814.101. GROUNDWATER CONSERVATION DISTRICT
POWERS AND DUTIES
Sec. 8814.102. RULES
Sec. 8814.103. EMINENT DOMAIN
Sec. 8814.104. CERTAIN PERMIT DENIALS PROHIBITED
Sec. 8814.105. CONTROL, STORAGE, AND PRESERVATION OF
STORM AND FLOOD WATER
Sec. 8814.106. RECLAMATION
Sec. 8814.107. SOIL CONSERVATION AND IMPROVEMENT
Sec. 8814.108. ACQUISITION OF PROPERTY
Sec. 8814.109. SALE AND DISPOSAL OF PROPERTY
Sec. 8814.110. IMPROVEMENTS AND FACILITIES
Sec. 8814.111. INPUT WELLS
Sec. 8814.112. APPEARANCE BEFORE RAILROAD COMMISSION
Sec. 8814.113. STUDIES AND SURVEYS
Sec. 8814.114. RESEARCH; INFORMATION
Sec. 8814.115. DISTRICT PLANS
Sec. 8814.116. PAYMENT OF JUDGMENTS
CHAPTER 8814. STERLING COUNTY UNDERGROUND WATER CONSERVATION
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8814.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Sterling County Underground
Water Conservation District. (Acts 70th Leg., R.S., Ch. 915, Sec.
2; New.)
Sec. 8814.002. NATURE OF DISTRICT. The district is created
under Section 59, Article XVI, Texas Constitution, to provide for
the conservation, preservation, protection, recharge, and
prevention of waste and pollution of the district's groundwater and
surface water, consistent with the objectives of Section 59,
Article XVI, Texas Constitution, and Chapter 36 and Subchapters H
and I, Chapter 49, Water Code. (Acts 70th Leg., R.S., Ch. 915,
Secs. 1 (part), 29.)
Sec. 8814.003. LEGISLATIVE FINDINGS. The legislature finds
that:
(1) the organization of the district is feasible and
practicable;
(2) the land to be included in and the residents of the
district will benefit from the creation of the district;
(3) there is a public necessity for the district; and
(4) the creation of the district will further the
public welfare. (Acts 70th Leg., R.S., Ch. 915, Sec. 3.)
Sec. 8814.004. DISTRICT TERRITORY. The district is
composed of the territory in Sterling County unless the district's
territory has been modified under:
(1) Subchapter J or K, Chapter 36, Water Code; or
(2) other law. (Acts 70th Leg., R.S., Ch. 915, Sec. 4;
New.)
Sec. 8814.005. DISTRICT NAME CHANGE. The board may change
the name of the district if additional territory is annexed to or
consolidated with the district. (Acts 70th Leg., R.S., Ch. 915,
Sec. 28.)
Sec. 8814.006. OWNERSHIP OF GROUNDWATER AND SURFACE WATER
RIGHTS NOT AFFECTED BY CHAPTER. The ownership and rights of the
owner of land, the owner's lessees, and assigns in groundwater and
any surface water rights are recognized, and this chapter does not
deprive or divest the owner, the owner's lessees, or assigns of
those ownership rights. (Acts 70th Leg., R.S., Ch. 915, Sec. 45.)
Sec. 8814.007. PAYMENT OF ORGANIZATIONAL EXPENSES. (a)
The board may pay:
(1) all costs and expenses necessarily incurred in the
creation and organization of the district;
(2) legal fees; and
(3) other incidental expenses.
(b) The board may reimburse a person for money advanced for
a purpose described by Subsection (a).
(c) A payment may be made from maintenance taxes or other
district revenue. (Acts 70th Leg., R.S., Ch. 915, Sec. 47.)
[Sections 8814.008-8814.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8814.051. COMPOSITION OF BOARD; TERMS. (a) The board
is composed of five directors.
(b) Directors serve staggered four-year terms.
(c) A director takes office at the first regular meeting of
the board following the director's election to the board. (Acts
70th Leg., R.S., Ch. 915, Secs. 8(a), 11, 12.)
Sec. 8814.052. ELECTION OF DIRECTORS. One director is
elected from the district at large. One director is elected from
each county commissioners precinct. (Acts 70th Leg., R.S., Ch.
915, Sec. 8(b).)
Sec. 8814.053. ELECTION DATE. Every two years, an election
shall be held on the uniform election date in May to elect the
appropriate number of directors. (Acts 70th Leg., R.S., Ch. 915,
Sec. 10.)
Sec. 8814.054. QUALIFICATIONS FOR ELECTION; ELIGIBILITY TO
SERVE. (a) To be qualified for election as a director, a person
must be:
(1) a resident of the district; and
(2) at least 18 years of age.
(b) In addition to the requirements of Subsection (a), a
person who is a director from a county commissioners precinct must
be a resident of that precinct unless the composition of the board
is changed by annexation or consolidation. (Acts 70th Leg., R.S.,
Ch. 915, Sec. 9.)
Sec. 8814.055. BOARD VACANCY. If a vacancy occurs in the
office of director, the remaining directors shall appoint a
director for the unexpired term. (Acts 70th Leg., R.S., Ch. 915,
Sec. 13.)
Sec. 8814.056. COMPOSITION OF BOARD FOLLOWING ANNEXATION OR
CONSOLIDATION. If the district annexes territory or consolidates
with another district, the board shall determine the composition of
the board in a manner that is equitable for the residents of the
district as provided by Chapter 36, Water Code. (Acts 70th Leg.,
R.S., Ch. 915, Sec. 8(c).)
Sec. 8814.057. COMPENSATION; EXPENSES. (a) A director or
officer serves without compensation but may be reimbursed for
actual expenses incurred in the performance of official duties.
(b) The expenses described by Subsection (a) must be:
(1) reported in the district's records; and
(2) approved by the board. (Acts 70th Leg., R.S., Ch.
915, Sec. 15.)
Sec. 8814.058. VOTE REQUIRED FOR OFFICIAL BOARD ACTION. An
official action of the board is not valid without the affirmative
vote of a majority of the directors. (Acts 70th Leg., R.S., Ch.
915, Sec. 17 (part).)
Sec. 8814.059. OFFICERS. (a) After each directors'
election, the board shall:
(1) hold a regular meeting at the district office; and
(2) organize by electing from the directors a
president, a vice president, and a secretary.
(b) A person selected to serve as president, vice president,
or secretary serves in that capacity for a two-year term.
(c) The president, vice president, and secretary shall
perform the duties and may exercise the powers specifically
provided by this chapter or by order of the board. (Acts 70th Leg.,
R.S., Ch. 915, Secs. 16(a), (b), (d).)
Sec. 8814.060. GENERAL MANAGER; SERVICE OF PROCESS. (a)
The general manager shall execute a bond in the amount determined by
the board, payable to the district, and conditioned on the faithful
performance of the general manager's duties. The district shall
pay for the bond.
(b) The general manager is entitled to receive the
compensation provided by the district's budget.
(c) Service of process in a suit may be had by serving the
general manager. (Acts 70th Leg., R.S., Ch. 915, Secs. 19(b), (c),
27(a) (part).)
Sec. 8814.061. TREASURER AND ATTORNEY. (a) The board may
appoint a treasurer and an attorney for the district.
(b) The person appointed as treasurer shall execute a bond
in the amount determined by the board, payable to the district,
conditioned on the faithful performance of the treasurer's duties.
The district shall pay for the bond.
(c) A person appointed under this section is entitled to the
compensation provided by the district's budget. (Acts 70th Leg.,
R.S., Ch. 915, Sec. 18.)
Sec. 8814.062. ENGINEER. The board may:
(1) appoint or contract with a competent professional
engineer for the district; and
(2) determine the amount of compensation to be paid to
the engineer. (Acts 70th Leg., R.S., Ch. 915, Sec. 20.)
Sec. 8814.063. PERSONNEL. (a) The general manager or the
board may:
(1) employ other persons necessary to properly handle
the district's business and operation; and
(2) employ or contract with expert and specialized
personnel who are necessary to carry out this chapter.
(b) The board shall determine the terms of employment and
the compensation to be paid to employees described by this section.
(c) The district shall pay for any bond that an employee of
or person under contract with the district is required to furnish
under Section 36.057(d), Water Code.
(d) The general manager or the board may dismiss an employee
of the district. (Acts 70th Leg., R.S., Ch. 915, Secs. 21(a), (b),
(c), (d) (part).)
Sec. 8814.064. DISTRICT OFFICE. The board shall maintain an
office in the district for conducting district business. (Acts
70th Leg., R.S., Ch. 915, Sec. 22.)
Sec. 8814.065. MEETINGS. The board shall hold regular
meetings at the district office on a date established by the board.
(Acts 70th Leg., R.S., Ch. 915, Sec. 23.)
Sec. 8814.066. RECORDS. The board shall keep a complete
written account of board meetings and other proceedings and shall
preserve the board's minutes, contracts, records, plans, notices,
accounts, receipts, and records in a secure manner at the
district's office. (Acts 70th Leg., R.S., Ch. 915, Sec. 24(a).)
[Sections 8814.067-8814.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8814.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. Except to the extent of any conflict with this chapter
or as specifically limited by this chapter, the district may
exercise the powers granted by, and shall exercise the duties
provided by, Chapter 36, Water Code, to carry out the purpose of the
district and this chapter. (Acts 70th Leg., R.S., Ch. 915, Secs.
31(a), 46.)
Sec. 8814.102. RULES. (a) The board may adopt rules
necessary to carry out the purpose and powers under this chapter.
(b) In addition to the rules adopted under Subsection (a),
the board may adopt and enforce rules as provided by Chapter 36 and
Subchapters H and I, Chapter 49, Water Code. (Acts 70th Leg., R.S.,
Ch. 915, Secs. 30(a) (part), (b).)
Sec. 8814.103. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire by condemnation a
fee simple or other interest in property in the district if the
property interest is necessary to the exercise of the authority
conferred by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, but the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property Code. (Acts 70th
Leg., R.S., Ch. 915, Secs. 42(a), (b).)
Sec. 8814.104. CERTAIN PERMIT DENIALS PROHIBITED. If the
district regulates production of groundwater by permit as
authorized by Chapter 36, Water Code, the board may not deny a
permit to drill a well to the owner of land, or the owner's heirs,
assigns, and lessees on that land, and the right to produce water
from that well under rules adopted by the district. (Acts 70th
Leg., R.S., Ch. 915, Sec. 32.)
Sec. 8814.105. CONTROL, STORAGE, AND PRESERVATION OF STORM
AND FLOOD WATER. The district may control, store, and preserve the
storm and flood water in the district and the water of the rivers
and streams in the district for:
(1) irrigation of arid land;
(2) prevention of floods and flood damage in the
district; and
(3) domestic, agricultural, municipal, and industrial
uses. (Acts 70th Leg., R.S., Ch. 915, Sec. 36.)
Sec. 8814.106. RECLAMATION. The district may:
(1) reclaim land in the district; and
(2) construct works, facilities, and improvements
necessary to accomplish that purpose. (Acts 70th Leg., R.S., Ch.
915, Sec. 37.)
Sec. 8814.107. SOIL CONSERVATION AND IMPROVEMENT. The
district may construct and maintain terraces or other structures on
land in the district and may engage in or promote land treatment
measures for soil conservation and improvement. (Acts 70th Leg.,
R.S., Ch. 915, Sec. 38.)
Sec. 8814.108. ACQUISITION OF PROPERTY. The district may
acquire land or other property necessary to carry out this chapter
by:
(1) gift;
(2) devise;
(3) lease;
(4) purchase; or
(5) condemnation. (Acts 70th Leg., R.S., Ch. 915,
Sec. 41.)
Sec. 8814.109. SALE AND DISPOSAL OF PROPERTY. Subject to
this chapter and Chapter 36 and Subchapters H and I, Chapter 49,
Water Code, the district may sell or otherwise dispose of land and
other property of the district that is not necessary to carry out
the purpose or powers of the district as determined by the board.
(Acts 70th Leg., R.S., Ch. 915, Sec. 43.)
Sec. 8814.110. IMPROVEMENTS AND FACILITIES. (a) The
district may construct or acquire and improve and maintain works,
facilities, and improvements necessary to carry out the purpose,
powers, and plans of the district.
(b) The district must construct and acquire works,
facilities, and improvements in the manner provided by Chapter 49,
Water Code. (Acts 70th Leg., R.S., Ch. 915, Sec. 39.)
Sec. 8814.111. INPUT WELLS. The district may drill, equip,
operate, and maintain input wells, pumps, and other facilities to
carry out its purpose and powers under this chapter. (Acts 70th
Leg., R.S., Ch. 915, Sec. 40.)
Sec. 8814.112. APPEARANCE BEFORE RAILROAD COMMISSION. The
district, through the directors or the district's general manager,
may appear before the Railroad Commission of Texas and present
evidence and information relating to a pending permit application
for an injection well to be located in the district. (Acts 70th
Leg., R.S., Ch. 915, Sec. 44.)
Sec. 8814.113. STUDIES AND SURVEYS. (a) The board may have
a professional engineer conduct studies and surveys of the
groundwater and surface water supplies in the district and the
facilities available for use in the conservation, preservation,
protection, recharge, and prevention of waste and pollution of
those water resources.
(b) A professional engineer may determine the quantities of
groundwater and surface water in the district. (Acts 70th Leg.,
R.S., Ch. 915, Sec. 33.)
Sec. 8814.114. RESEARCH; INFORMATION. The district may
engage in research projects and shall develop information to be
used by the district in preparing and implementing the district's
plans and in carrying out the district's powers and duties under
this chapter. (Acts 70th Leg., R.S., Ch. 915, Sec. 35.)
Sec. 8814.115. DISTRICT PLANS. (a) The district shall
develop and implement comprehensive plans for the conservation,
preservation, protection, recharge, and prevention of waste and
pollution of groundwater and surface water in the district.
(b) The plans must include all works, facilities, and
improvements necessary to implement the plans and the
specifications for those works, facilities, and improvements.
(Acts 70th Leg., R.S., Ch. 915, Sec. 34.)
Sec. 8814.116. PAYMENT OF JUDGMENTS. A court of this state
that renders a money judgment against the district may require the
board to pay the judgment from money in the district depository that
is not dedicated to the payment of any indebtedness of the district.
(Acts 70th Leg., R.S., Ch. 915, Sec. 27(c).)
CHAPTER 8816. CULBERSON COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8816.001. DEFINITIONS
Sec. 8816.002. NATURE OF DISTRICT
Sec. 8816.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8816.004. DISTRICT TERRITORY
Sec. 8816.005. CONFLICTS OF LAW
[Sections 8816.006-8816.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8816.051. COMPOSITION OF BOARD; TERMS
Sec. 8816.052. ELECTION DATE
[Sections 8816.053-8816.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8816.101. GROUNDWATER CONSERVATION DISTRICT
POWERS AND DUTIES
Sec. 8816.102. CONTRACT FOR AND SALE AND DISTRIBUTION
OF WATER
CHAPTER 8816. CULBERSON COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8816.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Culberson County Groundwater
Conservation District. (Acts 75th Leg., R.S., Ch. 1075, Sec. 2;
New.)
Sec. 8816.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Culberson County created
under and essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution. (Acts 75th Leg., R.S., Ch. 1075,
Secs. 1(a) (part), (b).)
Sec. 8816.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 75th Leg., R.S., Ch. 1075, Sec. 4.)
Sec. 8816.004. DISTRICT TERRITORY. The district is
composed of the territory described by Section 3, Chapter 1075,
Acts of the 75th Legislature, Regular Session, 1997, as that
territory may have been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law. (New.)
Sec. 8816.005. CONFLICTS OF LAW. (a) Except as otherwise
provided by this chapter, if there is a conflict between this
chapter and Chapter 36 or 49, Water Code, this chapter controls.
(b) If there is a conflict between Chapters 36 and 49, Water
Code, Chapter 36 controls. (Acts 75th Leg., R.S., Ch. 1075, Sec.
11.)
[Sections 8816.006-8816.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8816.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five directors.
(b) Directors serve staggered four-year terms. (Acts 75th
Leg., R.S., Ch. 1075, Secs. 6(a), (d).)
Sec. 8816.052. ELECTION DATE. Every two years on the
uniform election date in May, the appropriate number of directors
shall be elected to the board. (Acts 75th Leg., R.S., Ch. 1075,
Sec. 9(b).)
[Sections 8816.053-8816.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8816.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. The district has the rights, powers, privileges,
functions, and duties provided by the general law of this state,
including Chapters 36 and 49, Water Code, applicable to groundwater
conservation districts created under Section 59, Article XVI, Texas
Constitution. (Acts 75th Leg., R.S., Ch. 1075, Sec. 5(a) (part).)
Sec. 8816.102. CONTRACT FOR AND SALE AND DISTRIBUTION OF
WATER. The district may contract for, sell, and distribute water
from a water import authority or other entity. (Acts 75th Leg.,
R.S., Ch. 1075, Sec. 10.)
CHAPTER 8825. BLUEBONNET GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8825.001. DEFINITIONS
Sec. 8825.002. NATURE OF DISTRICT
Sec. 8825.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8825.004. DISTRICT TERRITORY
[Sections 8825.005-8825.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8825.051. COMPOSITION OF BOARD
Sec. 8825.052. TERMS
Sec. 8825.053. APPOINTMENT OF DIRECTORS
Sec. 8825.054. BOARD VACANCY
Sec. 8825.055. COMPENSATION; EXPENSES
Sec. 8825.056. VOTE REQUIRED FOR BOARD ACTION
[Sections 8825.057-8825.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8825.101. GROUNDWATER CONSERVATION DISTRICT
POWERS AND DUTIES
Sec. 8825.102. LIMITATIONS ON DISTRICT POWERS
Sec. 8825.103. REGISTRATION, EQUIPMENT, AND
MAINTENANCE OF EXEMPTED WELLS;
APPLICABILITY OF FEES
Sec. 8825.104. CERTAIN PERMIT DENIALS PROHIBITED
Sec. 8825.105. PERMIT FEES
Sec. 8825.106. ADDITIONAL FEE; SURCHARGE
Sec. 8825.107. ANNUAL ASSESSMENT AND USE OF FEES
Sec. 8825.108. MITIGATION ASSISTANCE
Sec. 8825.109. COORDINATION WITH OTHER ENTITIES
CHAPTER 8825. BLUEBONNET GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8825.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Bluebonnet Groundwater
Conservation District. (Acts 77th Leg., R.S., Ch. 1361, Sec. 2;
New.)
Sec. 8825.002. NATURE OF DISTRICT. (a) The district is a
groundwater conservation district created under and essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
(b) The purpose of this chapter is to create a locally
controlled district to:
(1) protect and recharge groundwater;
(2) prevent pollution or waste of groundwater;
(3) control subsidence caused by withdrawal of water
from the groundwater reservoirs in the area; and
(4) regulate the transport of water out of the
district. (Acts 77th Leg., R.S., Ch. 1361, Secs. 1(a) (part), (b),
(c).)
Sec. 8825.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1361, Sec. 4.)
Sec. 8825.004. DISTRICT TERRITORY. The district's
boundaries are coextensive with the boundaries of Austin, Grimes,
Walker, and Waller Counties, unless the district's territory has
been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law. (Acts 77th Leg., R.S., Ch. 1361, Secs.
1(a) (part), 3; New.)
[Sections 8825.005-8825.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8825.051. COMPOSITION OF BOARD. The district is
governed by a board of not fewer than 8 or more than 20 directors
appointed as provided by Section 8825.053. (Acts 77th Leg., R.S.,
Ch. 1361, Sec. 12(a).)
Sec. 8825.052. TERMS. (a) Directors serve staggered
four-year terms.
(b) A director may serve consecutive terms. (Acts 77th
Leg., R.S., Ch. 1361, Secs. 12(c), (f).)
Sec. 8825.053. APPOINTMENT OF DIRECTORS. (a) The
commissioners courts of the counties in the district, if the
district has two to five counties, shall each appoint four
directors, of whom:
(1) one must represent municipal interests;
(2) one must represent agricultural interests;
(3) one must represent industrial interests; and
(4) one must represent rural water suppliers'
interests.
(b) If the district consists of one county, the
commissioners court of that county shall appoint eight directors,
of whom:
(1) two must represent municipal interests;
(2) two must represent agricultural interests;
(3) two must represent industrial interests; and
(4) two must represent rural water suppliers'
interests.
(c) Every two years after the date on which all initial
directors qualified as required by Section 36.055, Water Code, the
appropriate commissioners courts shall each appoint the
appropriate number of directors. (Acts 77th Leg., R.S., Ch. 1361,
Secs. 13(a), (b), (d) (part).)
Sec. 8825.054. BOARD VACANCY. (a) If there is a vacancy on
the board, the commissioners court that appointed the director who
vacated the office shall appoint a director to serve the remainder
of the term.
(b) In making the appointment, the commissioners court
shall appoint a director to represent the interest of the director
who vacated the office. (Acts 77th Leg., R.S., Ch. 1361, Sec.
12(g).)
Sec. 8825.055. COMPENSATION; EXPENSES. (a) A director is
not entitled to receive compensation for serving as a director.
(b) A director may be reimbursed for actual reasonable
expenses incurred in discharging official duties. (Acts 77th Leg.,
R.S., Ch. 1361, Sec. 12(h).)
Sec. 8825.056. VOTE REQUIRED FOR BOARD ACTION. A majority
vote of a quorum of the board is required for board action. If there
is a tie vote, the proposed action fails. (Acts 77th Leg., R.S.,
Ch. 1361, Sec. 12(i).)
[Sections 8825.057-8825.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8825.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. Except as otherwise provided by this chapter, the
district has the rights, powers, privileges, functions, and duties
provided by the general law of this state, including Chapter 36,
Water Code, applicable to groundwater conservation districts
created under Section 59, Article XVI, Texas Constitution. (Acts
77th Leg., R.S., Ch. 1361, Sec. 5(a) (part).)
Sec. 8825.102. LIMITATIONS ON DISTRICT POWERS. The
district does not have the authority granted by:
(1) Section 36.105, Water Code, relating to eminent
domain; and
(2) Sections 36.020 and 36.201-36.204, Water Code,
relating to taxes. (Acts 77th Leg., R.S., Ch. 1361, Sec. 5(b).)
Sec. 8825.103. REGISTRATION, EQUIPMENT, AND MAINTENANCE OF
EXEMPTED WELLS; APPLICABILITY OF FEES. (a) A well exempted under
Section 36.117(a) or (b), Water Code, may be:
(1) registered in accordance with rules adopted by the
district; and
(2) equipped and maintained in accordance with Section
36.117(h)(2), Water Code.
(b) The district may require the driller of a well exempted
as provided by Subsection (a) to file the drilling log with the
district.
(c) Groundwater withdrawn from an exempted well and
subsequently transported outside the boundaries of the district is
subject to all applicable production and export fees imposed under
Sections 8825.105 and 8825.106. (Acts 77th Leg., R.S., Ch. 1361,
Secs. 7(i) (part), (j), (l).)
Sec. 8825.104. CERTAIN PERMIT DENIALS PROHIBITED. The
district may not deny the owner of a tract of land, or the owner's
lessee, who does not have a well equipped to produce more than
25,000 gallons each day on the tract, either a permit to drill a
well on the tract or the privilege to produce groundwater from the
tract, subject to any rules of the district. (Acts 77th Leg., R.S.,
Ch. 1361, Sec. 7(c).)
Sec. 8825.105. PERMIT FEES. (a) The board by rule may
impose a reasonable fee on each well that is not exempt from
regulation by the district and for which a permit is issued by the
district.
(b) The fee may be based on:
(1) the size of column pipe used by the well; or
(2) the actual, authorized, or anticipated amount of
water to be withdrawn from the well.
(c) The fee may not exceed:
(1) $1 for each acre-foot payable annually for water
used for agricultural use; or
(2) 17 cents for each thousand gallons for water used
for any other purpose. (Acts 77th Leg., R.S., Ch. 1361, Secs. 6(a),
(b).)
Sec. 8825.106. ADDITIONAL FEE; SURCHARGE. In addition to a
fee imposed under Section 8825.105, the district may impose a
reasonable fee or surcharge for an export fee using one of the
following methods:
(1) a fee negotiated between the district and the
transporter; or
(2) a combined production and export fee not to exceed
17 cents for each thousand gallons for water used. (Acts 77th Leg.,
R.S., Ch. 1361, Sec. 6(c).)
Sec. 8825.107. ANNUAL ASSESSMENT AND USE OF FEES. A fee
imposed under Section 8825.105 or 8825.106 may be:
(1) assessed annually; and
(2) used to fund the costs of district operations.
(Acts 77th Leg., R.S., Ch. 1361, Sec. 6(d).)
Sec. 8825.108. MITIGATION ASSISTANCE. In addition to the
authority granted by Chapter 36, Water Code, the district may
assist in the mediation between landowners regarding the mitigation
of a loss of existing groundwater supply of exempt domestic and
livestock users due to the groundwater pumping of others. (Acts
77th Leg., R.S., Ch. 1361, Sec. 8.)
Sec. 8825.109. COORDINATION WITH OTHER ENTITIES. The
district may:
(1) coordinate activities with the Central
Carrizo-Wilcox Coordinating Council and appoint a nonvoting
representative to the Central Carrizo-Wilcox Coordinating Council;
and
(2) coordinate activities with the Harris-Galveston
Coastal Subsidence District or other groundwater conservation
districts to manage portions of the Gulf Coast Aquifer. (Acts 77th
Leg., R.S., Ch. 1361, Sec. 11.)
CHAPTER 8826. BRAZORIA COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8826.001. DEFINITIONS
Sec. 8826.002. NATURE OF DISTRICT
Sec. 8826.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8826.004. DISTRICT TERRITORY
[Sections 8826.005-8826.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8826.051. COMPOSITION OF BOARD; TERMS
Sec. 8826.052. ELECTION OF DIRECTORS
Sec. 8826.053. ELECTION DATE
Sec. 8826.054. ELIGIBILITY
[Sections 8826.055-8826.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8826.101. GROUNDWATER CONSERVATION DISTRICT
POWERS AND DUTIES
Sec. 8826.102. LIMITATIONS ON DISTRICT POWERS
Sec. 8826.103. WELLS EXEMPT FROM REGULATION
[Sections 8826.104-8826.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8826.151. FEES
CHAPTER 8826. BRAZORIA COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8826.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Brazoria County Groundwater
Conservation District. (Acts 78th Leg., R.S., Ch. 772, Sec. 2;
New.)
Sec. 8826.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Brazoria County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution. (Acts 78th Leg., R.S., Ch. 772, Secs. 1(a)
(part), (b).)
Sec. 8826.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 78th Leg., R.S., Ch. 772, Sec. 4.)
Sec. 8826.004. DISTRICT TERRITORY. The district's
boundaries are coextensive with the boundaries of Brazoria County,
Texas, unless the district's territory has been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law. (Acts 78th Leg., R.S., Ch. 772, Sec. 3;
New.)
[Sections 8826.005-8826.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8826.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five directors.
(b) Directors serve staggered four-year terms. (Acts 78th
Leg., R.S., Ch. 772, Secs. 6(a), (d).)
Sec. 8826.052. ELECTION OF DIRECTORS. (a) Directors are
elected according to the commissioners precinct method as provided
by this section.
(b) One director is elected by the voters of the entire
district. One director is elected from each county commissioners
precinct by the voters of that precinct.
(c) A person shall indicate on the application for a place
on the ballot:
(1) the precinct that the person seeks to represent;
or
(2) that the person seeks to represent the district at
large.
(d) When the boundaries of the county commissioners
precincts are redrawn under Section 18, Article V, Texas
Constitution, a director in office on the effective date of the
change, or elected or appointed before the effective date of the
change to a term of office beginning on or after the effective date
of the change, shall serve the term or the remainder of the term in
the precinct to which elected or appointed even though the change in
boundaries places the director's residence outside the precinct for
which the director was elected or appointed. (Acts 78th Leg., R.S.,
Ch. 772, Secs. 8(a), (b), (d), (e).)
Sec. 8826.053. ELECTION DATE. On the first Tuesday after
the first Monday in November of each even-numbered year, the
appropriate number of directors shall be elected. (Acts 78th Leg.,
R.S., Ch. 772, Sec. 10(b).)
Sec. 8826.054. ELIGIBILITY. (a) To be eligible to be a
candidate for or to serve as director at large, a person must be a
registered voter in the district.
(b) To be eligible to be a candidate for or to serve as
director from a county commissioners precinct, a person must be a
registered voter of that precinct, except as provided by Section
8826.052(d). (Acts 78th Leg., R.S., Ch. 772, Sec. 8(c).)
[Sections 8826.055-8826.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8826.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. Except as provided by Section 8826.102, the district
has the rights, powers, privileges, functions, and duties provided
by the general law of this state, including Chapter 36, Water Code,
applicable to groundwater conservation districts created under
Section 59, Article XVI, Texas Constitution. (Acts 78th Leg.,
R.S., Ch. 772, Sec. 5 (part).)
Sec. 8826.102. LIMITATIONS ON DISTRICT POWERS. The
district may not:
(1) impose a tax of any type;
(2) exercise the power of eminent domain;
(3) acquire land;
(4) issue or sell bonds; or
(5) purchase, sell, transport, or distribute surface
water or groundwater. (Acts 78th Leg., R.S., Ch. 772, Sec. 11(a).)
Sec. 8826.103. WELLS EXEMPT FROM REGULATION. (a) For a new
or existing water well on private property that serves only a
single-family dwelling used only for domestic purposes, the
district may not:
(1) assess or collect a fee of any type; or
(2) require that a meter be placed on the well.
(b) For a new or existing water well used only for
agriculture, as that term is defined by Section 36.001, Water Code,
the district may not:
(1) assess or collect a fee of any type; or
(2) require that a meter be placed on the well. (Acts
78th Leg., R.S., Ch. 772, Secs. 11(b), (c).)
[Sections 8826.104-8826.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8826.151. FEES. Unless exempt under this chapter or
Chapter 36, Water Code, the board may establish by schedule and
impose:
(1) a production fee under Section 36.205, Water Code;
(2) an export fee for groundwater transferred out of
the district in an amount not to exceed 150 percent of the maximum
wholesale water rate charged by the City of Houston; and
(3) other fees as authorized by Chapter 36, Water
Code. (Acts 78th Leg., R.S., Ch. 772, Sec. 12.)
CHAPTER 8827. BREWSTER COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8827.001. DEFINITIONS
Sec. 8827.002. NATURE OF DISTRICT
Sec. 8827.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8827.004. DISTRICT TERRITORY
Sec. 8827.005. DISTRICT NAME CHANGE
[Sections 8827.006-8827.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8827.051. COMPOSITION OF BOARD; TERMS
Sec. 8827.052. APPOINTMENT OF DIRECTORS
Sec. 8827.053. BOARD VACANCY
Sec. 8827.054. COMPENSATION; EXPENSES
[Sections 8827.055-8827.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8827.101. GROUNDWATER CONSERVATION DISTRICT
POWERS AND DUTIES
Sec. 8827.102. LIMITATIONS ON DISTRICT POWERS RELATING
TO REAL PROPERTY
Sec. 8827.103. GROUNDWATER TRANSFER RESTRICTIONS AND
FEES
CHAPTER 8827. BREWSTER COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8827.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commissioners court" means the Brewster County
Commissioners Court.
(3) "Director" means a board member.
(4) "District" means the Brewster County Groundwater
Conservation District. (Acts 77th Leg., R.S., Ch. 1291, Sec. 2;
New.)
Sec. 8827.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Brewster County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1291, Secs.
1(a) (part), (b).)
Sec. 8827.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1291, Sec. 4.)
Sec. 8827.004. DISTRICT TERRITORY. The district's
boundaries are coextensive with the boundaries of Brewster County
unless the district's territory has been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law. (Acts 77th Leg., R.S., Ch. 1291, Sec.
3; New.)
Sec. 8827.005. DISTRICT NAME CHANGE. The board by
resolution may change the name of the district if the district
annexes territory. (Acts 77th Leg., R.S., Ch. 1291, Sec. 10.)
[Sections 8827.006-8827.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8827.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of seven directors appointed by the
commissioners court.
(b) The board is composed of:
(1) three directors who represent the municipalities
or population centers of Alpine, Lajitas, Marathon, Study Butte,
and Terlingua;
(2) three directors who represent the rural part of
Brewster County, exclusive of the municipalities or population
centers of Alpine, Lajitas, Marathon, Study Butte, and Terlingua;
and
(3) one director who represents Brewster County at
large.
(c) A director described by Subsection (b)(1) must reside in
or in the immediate area of a municipality or population center
listed in that subsection.
(d) At least one director must reside in each county
commissioners precinct.
(e) Directors serve staggered three-year terms. (Acts 77th
Leg., R.S., Ch. 1291, Secs. 7(a), (b), (c), (d), (f).)
Sec. 8827.052. APPOINTMENT OF DIRECTORS. The commissioners
court shall appoint a director to succeed a director on or before
the date the director's term expires. (Acts 77th Leg., R.S., Ch.
1291, Sec. 7(i).)
Sec. 8827.053. BOARD VACANCY. If there is a vacancy on the
board, the commissioners court shall appoint a director to serve
the remainder of the term. (Acts 77th Leg., R.S., Ch. 1291, Sec.
7(h).)
Sec. 8827.054. COMPENSATION; EXPENSES. A director may not
receive a salary or other compensation for service as a director but
may be reimbursed for actual expenses of attending meetings at the
rate in effect for employees of Brewster County. (Acts 77th Leg.,
R.S., Ch. 1291, Sec. 7(j).)
[Sections 8827.055-8827.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8827.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. The district has the rights, powers, privileges,
functions, and duties provided by the general law of this state,
including Chapter 36, Water Code, applicable to groundwater
conservation districts created under Section 59, Article XVI, Texas
Constitution. (Acts 77th Leg., R.S., Ch. 1291, Sec. 5(a) (part).)
Sec. 8827.102. LIMITATIONS ON DISTRICT POWERS RELATING TO
REAL PROPERTY. Notwithstanding other law:
(1) the district may not exercise the power of eminent
domain; and
(2) an agent or employee of the district may not enter
private property without the permission of the landowner or the
landowner's agent except to inspect a permitted well and to ensure
compliance with district rules. (Acts 77th Leg., R.S., Ch. 1291,
Sec. 6.)
Sec. 8827.103. GROUNDWATER TRANSFER RESTRICTIONS AND FEES.
(a) The district may limit and impose fees on the transfer of
groundwater out of the district if, after public notice and a
hearing and in accordance with district rules, the district finds
that restrictions or fees on transfer are in the district's best
interests.
(b) In making the determination under Subsection (a), the
district shall consider:
(1) the availability of water in the district and in
the receiving area during the period for which the proposed water
transfer is requested;
(2) the availability of feasible and practicable
alternative supplies to the applicant proposing the transfer;
(3) the amount and proposed use of the transferred
water in the receiving area;
(4) the projected effect of the proposed transfer on
aquifer conditions, depletion, or subsidence or effects on existing
permit holders or other groundwater users within the district;
(5) the projected environmental and economic effects
on the district; and
(6) the compatibility of the proposed transfer with
the approved regional plan and certified district management plan.
(Acts 77th Leg., R.S., Ch. 1291, Sec. 5(c).)
CHAPTER 8828. CLEAR FORK GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8828.001. DEFINITIONS
Sec. 8828.002. NATURE OF DISTRICT
Sec. 8828.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8828.004. DISTRICT TERRITORY
Sec. 8828.005. DISTRICT NAME CHANGE
Sec. 8828.006. CONFLICTS OF LAW
[Sections 8828.007-8828.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8828.051. COMPOSITION OF BOARD; TERMS
Sec. 8828.052. ELECTION OF DIRECTORS
Sec. 8828.053. ELECTION DATE
Sec. 8828.054. QUALIFICATIONS FOR OFFICE
Sec. 8828.055. BOARD VACANCY
[Sections 8828.056-8828.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8828.101. GROUNDWATER CONSERVATION DISTRICT
POWERS AND DUTIES
Sec. 8828.102. NO EMINENT DOMAIN POWER
[Sections 8828.103-8828.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8828.151. DISTRICT REVENUE
CHAPTER 8828. CLEAR FORK GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8828.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Clear Fork Groundwater
Conservation District. (Acts 77th Leg., R.S., Ch. 1474, Sec. 2;
New.)
Sec. 8828.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Fisher County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1474, Secs.
1(a) (part), (b).)
Sec. 8828.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1474, Sec. 4.)
Sec. 8828.004. DISTRICT TERRITORY. The district's
boundaries are coextensive with the boundaries of Fisher County,
Texas, unless the district's territory has been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law. (Acts 77th Leg., R.S., Ch. 1474, Sec.
3; New.)
Sec. 8828.005. DISTRICT NAME CHANGE. The board may change
the district's name when the district annexes territory. (Acts
77th Leg., R.S., Ch. 1474, Sec. 13.)
Sec. 8828.006. CONFLICTS OF LAW. (a) Except as otherwise
provided by this chapter, if there is a conflict between this
chapter and Chapter 36 or 49, Water Code, this chapter controls.
(b) If there is a conflict between Chapters 36 and 49, Water
Code, Chapter 36 controls. (Acts 77th Leg., R.S., Ch. 1474, Sec.
12.)
[Sections 8828.007-8828.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8828.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five directors.
(b) Directors serve staggered four-year terms. (Acts 77th
Leg., R.S., Ch. 1474, Secs. 6(a), (d).)
Sec. 8828.052. ELECTION OF DIRECTORS. (a) Directors are
elected according to the commissioners precinct method as provided
by this section.
(b) One director is elected by the voters of the entire
district. One director is elected from each county commissioners
precinct by the voters of that precinct.
(c) A person shall indicate on the application for a place
on the ballot:
(1) the precinct that the person seeks to represent;
or
(2) that the person seeks to represent the district at
large.
(d) At the first election of the district after the county
commissioners precincts are redrawn under Section 18, Article V,
Texas Constitution, a new director is elected from each precinct.
The directors shall draw lots to determine which two directors
shall serve two-year terms and which two directors shall serve
four-year terms. (Acts 77th Leg., R.S., Ch. 1474, Secs. 8(a), (b),
(d), (e).)
Sec. 8828.053. ELECTION DATE. The district shall hold an
election in the district to elect directors on the uniform election
date in May of each even-numbered year. (Acts 77th Leg., R.S., Ch.
1474, Sec. 10(b).)
Sec. 8828.054. QUALIFICATIONS FOR OFFICE. (a) To be
qualified to be a candidate for or to serve as director at large, a
person must be a registered voter in the district.
(b) To be a candidate for or to serve as director from a
county commissioners precinct, a person must be a registered voter
of that precinct. (Acts 77th Leg., R.S., Ch. 1474, Sec. 8(c).)
Sec. 8828.055. BOARD VACANCY. (a) The board shall appoint
a replacement to fill a vacancy in the office of any director.
(b) The appointed replacement serves until the next
directors' election.
(c) If the position is not scheduled to be filled at the next
election, the person elected to fill the position serves only for
the remainder of the unexpired term. (Acts 77th Leg., R.S., Ch.
1474, Sec. 6(g).)
[Sections 8828.056-8828.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8828.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. Except as provided by this chapter, the district has
the rights, powers, privileges, functions, and duties provided by
the general law of this state, including Chapter 36, Water Code,
applicable to groundwater conservation districts created under
Section 59, Article XVI, Texas Constitution. (Acts 77th Leg.,
R.S., Ch. 1474, Sec. 5(a) (part).)
Sec. 8828.102. NO EMINENT DOMAIN POWER. The district does
not have the power of eminent domain. (Acts 77th Leg., R.S., Ch.
1474, Sec. 5(b).)
[Sections 8828.103-8828.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8828.151. DISTRICT REVENUE. To pay the district's
maintenance and operating costs, the district may:
(1) impose an ad valorem tax at a rate not to exceed
five cents for each $100 of taxable value of property in the
district;
(2) assess general production fees;
(3) solicit and accept grants from any public or
private source; and
(4) assess a transfer fee on water exported from the
district. (Acts 77th Leg., R.S., Ch. 1474, Sec. 11.)
CHAPTER 8829. COASTAL BEND GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8829.001. DEFINITIONS
Sec. 8829.002. NATURE OF DISTRICT
Sec. 8829.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8829.004. DISTRICT TERRITORY
Sec. 8829.005. DISTRICT NAME CHANGE
Sec. 8829.006. CONFLICTS OF LAW
[Sections 8829.007-8829.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8829.051. COMPOSITION OF BOARD; TERMS
Sec. 8829.052. ELECTION OF DIRECTORS
Sec. 8829.053. ELECTION DATE
Sec. 8829.054. QUALIFICATIONS FOR OFFICE
Sec. 8829.055. BOARD VACANCY
Sec. 8829.056. COMPOSITION OF BOARD AND ELECTION OF
DIRECTORS FOLLOWING ANNEXATION
Sec. 8829.057. REVISION OF VOTING DISTRICTS
[Sections 8829.058-8829.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8829.101. GROUNDWATER CONSERVATION DISTRICT
POWERS AND DUTIES
Sec. 8829.102. REGIONAL COOPERATION
[Sections 8829.103-8829.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 8829.151. DISTRICT REVENUE
CHAPTER 8829. COASTAL BEND GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8829.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Coastal Bend Groundwater
Conservation District. (Acts 77th Leg., R.S., Ch. 1294, Sec. 2;
New.)
Sec. 8829.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Wharton County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1294, Secs.
1(a) (part), (b).)
Sec. 8829.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1294, Sec. 4.)
Sec. 8829.004. DISTRICT TERRITORY. The district's
boundaries are coextensive with the boundaries of Wharton County,
Texas, unless the district's territory has been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law. (Acts 77th Leg., R.S., Ch. 1294, Sec.
3; New.)
Sec. 8829.005. DISTRICT NAME CHANGE. The board may change
the district's name when the district annexes territory. (Acts
77th Leg., R.S., Ch. 1294, Sec. 14.)
Sec. 8829.006. CONFLICTS OF LAW. (a) Except as otherwise
provided by this chapter, if there is a conflict between this
chapter and Chapter 36 or 49, Water Code, this chapter controls.
(b) If there is a conflict between Chapters 36 and 49, Water
Code, Chapter 36 controls. (Acts 77th Leg., R.S., Ch. 1294, Sec.
13.)
[Sections 8829.007-8829.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8829.051. COMPOSITION OF BOARD; TERMS. (a) Except as
provided by Section 8829.056(b), the district is governed by a
board of five directors.
(b) Directors serve staggered four-year terms. (Acts 77th
Leg., R.S., Ch. 1294, Secs. 7(a), (d).)
Sec. 8829.052. ELECTION OF DIRECTORS. (a) Except as
provided by Section 8829.056, this section and Sections 8829.053
and 8829.054 govern the election and qualifications of directors.
(b) Directors are elected according to the commissioners
precinct method as provided by this section.
(c) One director is elected by the voters of the entire
district. One director is elected from each county commissioners
precinct by the voters of that precinct.
(d) A person shall indicate on the application for a place
on the ballot:
(1) the precinct that the person seeks to represent;
or
(2) that the person seeks to represent the district at
large.
(e) At the first election after the county commissioners
precincts are redrawn under Section 18, Article V, Texas
Constitution, a new director is elected from each precinct. The
directors shall draw lots to determine which two directors shall
serve two-year terms and which two directors shall serve four-year
terms. (Acts 77th Leg., R.S., Ch. 1294, Secs. 9(a), (b), (d), (e),
9A(a) (part).)
Sec. 8829.053. ELECTION DATE. (a) The district shall hold
an election in the district to elect directors on the first Tuesday
after the first Monday in November of each even-numbered year.
(b) The district shall hold elections for the directors for:
(1) Precincts 1 and 3 every four years after 2004; and
(2) Precincts 2 and 4 and the district at large every
four years after 2002. (Acts 77th Leg., R.S., Ch. 1294, Sec. 11.)
Sec. 8829.054. QUALIFICATIONS FOR OFFICE. (a) To be
qualified to be a candidate for or to serve as director at large, a
person must be a registered voter in the district.
(b) To be a candidate for or to serve as director from a
county commissioners precinct, a person must be a registered voter
of that precinct. (Acts 77th Leg., R.S., Ch. 1294, Sec. 9(c).)
Sec. 8829.055. BOARD VACANCY. (a) The board shall appoint
a replacement to fill a vacancy in the office of any director.
(b) The appointed replacement serves until the next
directors' election.
(c) If the position is not scheduled to be filled at the next
election, the person elected to fill the position serves only for
the remainder of the unexpired term. (Acts 77th Leg., R.S., Ch.
1294, Sec. 7(g).)
Sec. 8829.056. COMPOSITION OF BOARD AND ELECTION OF
DIRECTORS FOLLOWING ANNEXATION. (a) If the district annexes
territory, the board of directors of the district by resolution
shall adopt an appropriate and equitable method for:
(1) electing directors for the district;
(2) drawing voting district boundaries if required by
the method adopted; and
(3) maintaining staggered terms for the directors.
(b) If the district annexes territory, the board by
resolution may add one or more directors as provided by Section
36.051, Water Code.
(c) If the board votes to add a director to represent
annexed territory under Subsection (b), at an election to ratify
annexation under Section 36.328, Water Code, the board may include
on the ballot the names of candidates for director to represent the
annexed territory on the board. A director elected under this
subsection serves until an election is held under Subsection (d).
(d) A method of electing directors adopted under Subsection
(a):
(1) supersedes the method of electing directors
provided by Sections 8829.052-8829.054; and
(2) applies beginning with the election held on the
first date provided by Section 8829.053 that:
(A) occurs after the date the annexation of the
territory is final; and
(B) allows sufficient time to comply with any
requirements of law.
(e) The method of electing directors provided by Sections
8829.052-8829.054 applies until an election is held under
Subsection (d).
(f) To be eligible to be a candidate for or to serve as a
director of the district under this section, a person must:
(1) be a registered voter of the district; and
(2) comply with each requirement stated in a
resolution adopted under Subsection (a). (Acts 77th Leg., R.S.,
Ch. 1294, Secs. 7A, 9A(a) (part), (b), (c), (d), (e).)
Sec. 8829.057. REVISION OF VOTING DISTRICTS. (a) The board
may revise voting districts as necessary or appropriate.
(b) If the board adopts a method for electing directors
based on voting districts, the board shall revise each district
after each federal decennial census to reflect population changes.
(c) When the boundaries of the voting districts are redrawn,
a director serving on the effective date of the change, or elected
or appointed before the effective date of the change to a term of
office beginning on or after the effective date of the change,
serves the term or the remainder of the term in the district to
which elected or appointed even though the change in district
boundaries places the person's residence outside the district for
which the person was elected or appointed. (Acts 77th Leg., R.S.,
Ch. 1294, Sec. 9A(f).)
[Sections 8829.058-8829.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8829.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. Except as provided by this chapter, the district has
the rights, powers, duties, privileges, and functions provided by
the general law of this state, including Chapter 36, Water Code,
applicable to groundwater conservation districts created under
Section 59, Article XVI, Texas Constitution. (Acts 77th Leg.,
R.S., Ch. 1294, Sec. 5 (part).)
Sec. 8829.102. REGIONAL COOPERATION. (a) In recognition
of the need for uniform regional monitoring and regulation of
common, scientifically recognized groundwater sources, and within
designated management areas, the district shall establish rules
that:
(1) require the permitting of each water well that is:
(A) not exempt from permitting by Chapter 36,
Water Code; and
(B) capable of producing more than 25,000 gallons
each day;
(2) provide for the prevention of waste, as defined by
Section 36.001, Water Code;
(3) provide for timely capping or plugging of
abandoned wells; and
(4) require reports to be filed with the district on
each new, nonexempt water well.
(b) A report required under Subsection (a)(4) must include:
(1) the driller's log;
(2) a description of the casing and pumping equipment
installed;
(3) the capacity of the well; and
(4) the intended use of the water.
(c) To further regional continuity, the district shall:
(1) seek to participate in at least one coordination
meeting annually with each adjacent district that shares an aquifer
with the district;
(2) coordinate the collection of data with adjacent
districts in a manner designed to achieve uniformity of data
quality;
(3) coordinate efforts to monitor water quality with
adjacent districts, local governments, and state agencies;
(4) investigate any groundwater pollution with the
intention of locating its source and report its findings to
adjacent districts and appropriate state agencies;
(5) provide to adjacent districts annually an
inventory of new water wells in the district and an estimate of
groundwater production within the district; and
(6) include adjacent districts on the mailing lists
for district newsletters, seminars, public education events, news
articles, and field days. (Acts 77th Leg., R.S., Ch. 1294, Sec. 6.)
[Sections 8829.103-8829.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 8829.151. DISTRICT REVENUE. To pay the district's
maintenance and operating costs, the district may:
(1) impose an ad valorem tax at a rate not to exceed
five cents for each $100 of taxable value of property in the
district;
(2) assess general production fees;
(3) solicit and accept grants from any public or
private source; and
(4) assess a transfer fee on water exported from the
district. (Acts 77th Leg., R.S., Ch. 1294, Sec. 12.)
CHAPTER 8831. COASTAL PLAINS GROUNDWATER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8831.001. DEFINITIONS
Sec. 8831.002. NATURE OF DISTRICT
Sec. 8831.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8831.004. DISTRICT TERRITORY
[Sections 8831.005-8831.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8831.051. COMPOSITION OF BOARD; TERMS
Sec. 8831.052. ELECTION OF DIRECTORS
Sec. 8831.053. ELECTION DATE
Sec. 8831.054. ELIGIBILITY
Sec. 8831.055. BOARD VACANCY
[Sections 8831.056-8831.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8831.101. GROUNDWATER CONSERVATION DISTRICT
POWERS AND DUTIES
Sec. 8831.102. REGIONAL COOPERATION
[Sections 8831.103-8831.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8831.151. DISTRICT REVENUE
CHAPTER 8831. COASTAL PLAINS GROUNDWATER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8831.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Coastal Plains Groundwater
Conservation District. (Acts 77th Leg., R.S., Ch. 1358, Sec. 2;
New.)
Sec. 8831.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Matagorda County created
under and essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1358,
Secs. 1(a) (part), (b).)
Sec. 8831.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1358, Sec. 4.)
Sec. 8831.004. DISTRICT TERRITORY. The district's
boundaries are coextensive with the boundaries of Matagorda County,
Texas, unless the district's territory has been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law. (Acts 77th Leg., R.S., Ch. 1358, Sec.
3; New.)
[Sections 8831.005-8831.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8831.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of seven directors.
(b) Directors serve staggered four-year terms. (Acts 77th
Leg., R.S., Ch. 1358, Secs. 7(a), (d).)
Sec. 8831.052. ELECTION OF DIRECTORS. (a) Three directors
are elected by the voters of the entire district. One director is
elected from each county commissioners precinct by the voters of
that precinct. The directors elected from precincts 1-4 occupy
positions 1-4, respectively, on the board. The at-large directors
occupy positions 5-7, respectively, on the board.
(b) A person shall indicate on the application for a place
on the ballot the position on the board for which the person is a
candidate.
(c) At the first election after the county commissioners
precincts are redrawn under Section 18, Article V, Texas
Constitution, each director in office on the effective date of the
change, or elected to a term of office beginning on or after the
effective date of the change, shall serve, unless otherwise removed
as provided by law, in the position to which each was elected for
the entire term to which elected, even though the change in
boundaries places the director's residence outside the precinct
from which the director was elected. (Acts 77th Leg., R.S., Ch.
1358, Secs. 9(a), (c), (d).)
Sec. 8831.053. ELECTION DATE. Each even-numbered year, the
board shall hold an election in the district on a uniform election
date provided by Section 41.001(a), Election Code, to elect the
appropriate number of directors. If the board changes the election
date, the district shall adjust the terms of office to conform to
the new election date. (Acts 77th Leg., R.S., Ch. 1358, Sec. 11.)
Sec. 8831.054. ELIGIBILITY. (a) To be eligible to be a
candidate for or to serve as a director at large, a person must be a
registered voter of the district.
(b) To be eligible to be a candidate for or to serve as a
director from a county commissioners precinct, a person must be a
registered voter of that precinct, except as provided by Section
8831.052(c). (Acts 77th Leg., R.S., Ch. 1358, Sec. 9(b).)
Sec. 8831.055. BOARD VACANCY. (a) The board shall appoint
a replacement to fill a vacancy in the office of director.
(b) The appointed replacement serves until the next
directors' election.
(c) At that election, a person is elected to fill the
position. If the position is not scheduled to be filled at the
election, the person elected to fill the position serves only for
the remainder of the unexpired term. (Acts 77th Leg., R.S., Ch.
1358, Sec. 7(g).)
[Sections 8831.056-8831.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8831.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. Except as provided by this chapter, the district has
the rights, powers, privileges, functions, and duties provided by
the general law of this state, including Chapter 36, Water Code,
applicable to groundwater conservation districts created under
Section 59, Article XVI, Texas Constitution. (Acts 77th Leg.,
R.S., Ch. 1358, Sec. 5(a) (part).)
Sec. 8831.102. REGIONAL COOPERATION. To provide for
uniformity across districts in addressing the need to achieve a
common approach to managing the underlying aquifer and to ensure
that administration of the district will be cost-effective, the
district shall:
(1) attempt to coordinate meetings with adjacent
districts;
(2) encourage sharing of personnel and resources to
achieve administrative cost savings;
(3) study a common approach for collecting and sharing
appropriate data to be used in managing the aquifer;
(4) support cooperation in the investigation of
aquifer contamination; and
(5) include adjacent districts on mailing lists for
district meeting announcements, newsletters, public meetings, and
other scheduled events. (Acts 77th Leg., R.S., Ch. 1358, Sec. 6.)
[Sections 8831.103-8831.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8831.151. DISTRICT REVENUE. To pay the district's
maintenance and operating costs and to pay any bonds issued by the
district, the district may:
(1) impose an ad valorem tax at a rate not to exceed
2.5 cents for each $100 of taxable value of property in the
district, subject to voter approval;
(2) assess fees for services or for water withdrawn
from wells; or
(3) solicit and accept grants from any public or
private source. (Acts 77th Leg., R.S., Ch. 1358, Sec. 12.)
CHAPTER 8832. MESQUITE GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8832.001. DEFINITIONS
Sec. 8832.002. NATURE OF DISTRICT
Sec. 8832.003. DISTRICT TERRITORY
Sec. 8832.004. DISTRICT NAME CHANGE
[Sections 8832.005-8832.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8832.051. COMPOSITION OF BOARD; TERMS
Sec. 8832.052. ELECTION OF DIRECTORS
Sec. 8832.053. ELECTION DATE
Sec. 8832.054. QUALIFICATIONS FOR ELECTION;
ELIGIBILITY TO SERVE
Sec. 8832.055. COMPOSITION OF BOARD AND ELECTION OF
DIRECTORS FOLLOWING ANNEXATION
[Sections 8832.056-8832.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8832.101. GENERAL POWERS AND DUTIES
Sec. 8832.102. ADMINISTRATIVE PROCEDURES
Sec. 8832.103. WELL PERMITS
Sec. 8832.104. WELL SPACING AND PRODUCTION
Sec. 8832.105. LOGS
Sec. 8832.106. SURVEYS
Sec. 8832.107. RESEARCH AND DETERMINATIONS REGARDING
GROUNDWATER WITHDRAWAL
Sec. 8832.108. COLLECTION AND PRESERVATION OF
INFORMATION
Sec. 8832.109. CONTRACT FOR SALE AND DISTRIBUTION OF
WATER
[Sections 8832.110-8832.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8832.151. FINANCIAL RECORDS
CHAPTER 8832. MESQUITE GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8832.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Mequite Groundwater
Conservation District. (Acts 69th Leg., R.S., Ch. 376, Sec. 2;
New.)
Sec. 8832.002. NATURE OF DISTRICT. The district is created
under Section 59, Article XVI, Texas Constitution, to provide for
the conservation, preservation, protection, recharge, and
prevention of waste of the groundwater reservoirs located under
district land, consistent with the objectives of Section 59,
Article XVI, Texas Constitution, and Chapter 36, Water Code. (Acts
69th Leg., R.S., Ch. 376, Secs. 1 (part), 4.)
Sec. 8832.003. DISTRICT TERRITORY. The district includes
the territory in Collingsworth County and any territory annexed by
the district under Section 8832.055 or other law. (Acts 69th Leg.,
R.S., Ch. 376, Sec. 3; New.)
Sec. 8832.004. DISTRICT NAME CHANGE. The board by
resolution may change the district's name. (Acts 69th Leg., R.S.,
Ch. 376, Sec. 4A.)
[Sections 8832.005-8832.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8832.051. COMPOSITION OF BOARD; TERMS. (a) Except as
provided by Section 8832.055, the district is governed by a board of
five directors.
(b) Directors serve staggered four-year terms. (Acts 69th
Leg., R.S., Ch. 376, Secs. 13(a), (d); New.)
Sec. 8832.052. ELECTION OF DIRECTORS. (a) The district is
divided into five numbered single-member districts for electing
directors.
(b) The board may revise the single-member districts as
necessary or appropriate.
(c) One director is elected from each single-member
district. A director elected from a single-member district
represents the residents and property owners of that single-member
district.
(d) Board elections are conducted according to Sections
36.017(b)-(h), Water Code, and the Election Code. (Acts 69th Leg.,
R.S., Ch. 376, Secs. 13(c) (part), (e) (part); Acts 77th Leg., R.S.,
Ch. 1364, Sec. 5(d) (part).)
Sec. 8832.053. ELECTION DATE. A board election shall be
held on a uniform election date in each even-numbered year. (Acts
69th Leg., R.S., Ch. 376, Sec. 13(e) (part).)
Sec. 8832.054. QUALIFICATIONS FOR ELECTION; ELIGIBILITY TO
SERVE. (a) To be qualified for election as a director, a person
must be:
(1) a resident of the district; and
(2) at least 18 years of age.
(b) To represent a single-member district, a director must
own property in that single-member district. (Acts 69th Leg.,
R.S., Ch. 376, Secs. 13(b), (c) (part).)
Sec. 8832.055. COMPOSITION OF BOARD AND ELECTION OF
DIRECTORS FOLLOWING ANNEXATION. (a) Territory may be added to the
district as provided by Chapter 36, Water Code.
(b) If the district annexes territory, the board may:
(1) add the annexed territory to one or more existing
single-member districts for purposes of electing directors;
(2) redraw the five single-member districts to include
the annexed territory; or
(3) add additional single-member districts for the
election of additional directors.
(c) The district may not contain more than 11 single-member
districts. (Acts 69th Leg., R.S., Ch. 376, Sec. 12.)
[Sections 8832.056-8832.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8832.101. GENERAL POWERS AND DUTIES. The district may
exercise:
(1) the powers essential to accomplish the purposes of
Section 59, Article XVI, Texas Constitution; and
(2) the rights, powers, duties, privileges, and
functions provided by this chapter, Chapter 36, Water Code, and
other laws of this state relating to groundwater conservation
districts. (Acts 69th Leg., R.S., Ch. 376, Secs. 1 (part), 5
(part).)
Sec. 8832.102. ADMINISTRATIVE PROCEDURES. Except as
provided by this chapter, the administrative and procedural
provisions of Chapter 36, Water Code, apply to the district. (Acts
69th Leg., R.S., Ch. 376, Sec. 6.)
Sec. 8832.103. WELL PERMITS. (a) As permitted by Chapter
36, Water Code, the district may:
(1) require a permit for drilling, equipping, or
completing a well in a groundwater reservoir in the district; and
(2) issue a permit that includes terms relating to
drilling, equipping, or completing a well that are necessary to
prevent waste or conserve, preserve, and protect groundwater.
(b) The district may not deny an owner of land, or the
owner's heirs, assigns, and lessees, a permit to drill a well on
that land or the right to produce groundwater from that well subject
to rules adopted under this chapter. (Acts 69th Leg., R.S., Ch.
376, Sec. 5 (part).)
Sec. 8832.104. WELL SPACING AND PRODUCTION. To minimize as
far as practicable the drawdown of the water table or the reduction
of the artesian pressure, the district as permitted by Chapter 36,
Water Code, may provide for the spacing of wells producing from the
groundwater reservoirs in the district and regulate the production
from those wells. (Acts 69th Leg., R.S., Ch. 376, Sec. 5 (part).)
Sec. 8832.105. LOGS. As permitted by Chapter 36, Water
Code, the district may require that:
(1) accurate driller's logs be kept of the drilling,
equipping, and completion of a well into a groundwater reservoir in
the district; and
(2) a copy of a driller's log and of any electric log
that may be made of the well be filed with the district. (Acts 69th
Leg., R.S., Ch. 376, Sec. 5 (part).)
Sec. 8832.106. SURVEYS. As permitted by Chapter 36, Water
Code, the district may have a licensed engineer survey the
groundwater of a groundwater reservoir in the district and the
facilities for the development, production, and use of that
groundwater and determine the quantity of the groundwater available
for production and use and the improvements, developments, and
recharges needed for the groundwater reservoir. (Acts 69th Leg.,
R.S., Ch. 376, Sec. 5 (part).)
Sec. 8832.107. RESEARCH AND DETERMINATIONS REGARDING
GROUNDWATER WITHDRAWAL. As permitted by Chapter 36, Water Code,
the district may carry out research projects, develop information,
and determine limitations, if any, that should be made on the
withdrawal of groundwater from a groundwater reservoir in the
district. (Acts 69th Leg., R.S., Ch. 376, Sec. 5 (part).)
Sec. 8832.108. COLLECTION AND PRESERVATION OF INFORMATION.
As permitted by Chapter 36, Water Code, the district may collect and
preserve information regarding the use of groundwater and the
practicability of recharge of a groundwater reservoir in the
district. (Acts 69th Leg., R.S., Ch. 376, Sec. 5 (part).)
Sec. 8832.109. CONTRACT FOR SALE AND DISTRIBUTION OF WATER.
As permitted by Chapter 36, Water Code, the district may contract
for, sell, and distribute water from a water import authority or
other agency. (Acts 69th Leg., R.S., Ch. 376, Sec. 5 (part).)
[Sections 8832.110-8832.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8832.151. FINANCIAL RECORDS. (a) The district shall
file with the county treasurer of each county in which the district
is located a copy of each audit, board order, or other document
relating to district finances. The copy shall be filed not later
than the 60th day after the date the audit is completed, the order
is adopted, or the other document is finalized.
(b) The county treasurer shall maintain a copy of each
audit, order, or other document at the county treasurer's main
office and shall make the copies available for public inspection
during regular office hours. (Acts 69th Leg., R.S., Ch. 376, Sec.
7.)
CHAPTER 8834. FORT BEND SUBSIDENCE DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8834.001. DEFINITIONS
Sec. 8834.002. NATURE OF DISTRICT
Sec. 8834.003. PURPOSE; LEGISLATIVE INTENT
Sec. 8834.004. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8834.005. DISTRICT TERRITORY
Sec. 8834.006. CERTAIN OTHER STATUTES INAPPLICABLE
[Sections 8834.007-8834.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8834.051. DIRECTORS
Sec. 8834.052. BOARD POWERS AND DUTIES
Sec. 8834.053. OFFICIAL BOARD ACTIONS
Sec. 8834.054. DIRECTOR'S BOND
Sec. 8834.055. OFFICERS
Sec. 8834.056. MEETINGS
Sec. 8834.057. APPLICABILITY OF OPEN MEETINGS LAW
Sec. 8834.058. COMPENSATION AND REIMBURSEMENT OF
DIRECTORS
Sec. 8834.059. VACANCIES
Sec. 8834.060. DISTRICT POLICIES
Sec. 8834.061. GENERAL MANAGER
Sec. 8834.062. PERSONNEL
Sec. 8834.063. BENEFITS
Sec. 8834.064. BOND FOR EMPLOYEE RESPONSIBLE FOR MONEY
Sec. 8834.065. DISTRICT OFFICE
Sec. 8834.066. MAINTENANCE OF RECORDS; PUBLIC
INSPECTION
Sec. 8834.067. SEAL
[Sections 8834.068-8834.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8834.101. DISTRICT PLAN
Sec. 8834.102. ADOPTION OF DISTRICT PLAN
Sec. 8834.103. WATER CONSERVATION MEASURES
Sec. 8834.104. ANNUAL GROUNDWATER WITHDRAWAL
DETERMINATION
Sec. 8834.105. MONITORING AND SUPERVISION BY DISTRICT
Sec. 8834.106. DISTRICT RESEARCH
Sec. 8834.107. STUDIES BY BOARD STAFF
Sec. 8834.108. SALE OR DISTRIBUTION OF WATER
PROHIBITED
Sec. 8834.109. ACCESS TO PROPERTY
Sec. 8834.110. GENERAL POWERS RELATED TO PROPERTY AND
CONTRACTS
Sec. 8834.111. COOPERATION WITH GOVERNMENTAL ENTITIES
Sec. 8834.112. RULES
Sec. 8834.113. CONSIDERATIONS FOR RULES AND ORDERS
Sec. 8834.114. HEARINGS
Sec. 8834.115. NOTICE OF HEARINGS
Sec. 8834.116. BOARD BYLAWS AND POLICIES
Sec. 8834.117. AUTHORITY TO ISSUE SUBPOENAS AND
ADMINISTER OATHS
Sec. 8834.118. SUITS
[Sections 8834.119-8834.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8834.151. DISBURSEMENT OF MONEY
Sec. 8834.152. DISTRICT ACCOUNTS
Sec. 8834.153. FISCAL YEAR
Sec. 8834.154. BUDGET
Sec. 8834.155. AUDIT
Sec. 8834.156. COPY OF AUDIT
Sec. 8834.157. DEPOSITORY AND INVESTMENTS
[Sections 8834.158-8834.200 reserved for expansion]
SUBCHAPTER E. REGULATORY PROVISIONS
Sec. 8834.201. GROUNDWATER WITHDRAWALS SUBJECT TO
BOARD RULE
Sec. 8834.202. CERTAIN WELLS EXEMPT
Sec. 8834.203. REGULATION OF SPACING AND GROUNDWATER
WITHDRAWAL
Sec. 8834.204. WATER-METERING DEVICES
Sec. 8834.205. WELL REGISTRATION
Sec. 8834.206. PERMIT REQUIRED
Sec. 8834.207. APPLICATION FOR PERMIT
Sec. 8834.208. NOTICE AND HEARING ON PERMIT
APPLICATION
Sec. 8834.209. ISSUANCE OF PERMIT
Sec. 8834.210. TERM OF PERMIT
Sec. 8834.211. RENEWAL OF PERMIT
Sec. 8834.212. PERMIT FEES
Sec. 8834.213. TRANSFERRING PERMIT
Sec. 8834.214. ANNUAL REPORT
Sec. 8834.215. REDUCTION OF GROUNDWATER USE
Sec. 8834.216. OPEN OR UNCOVERED WELLS
[Sections 8834.217-8834.250 reserved for expansion]
SUBCHAPTER F. APPEAL AND ENFORCEMENT PROVISIONS
Sec. 8834.251. APPEAL OF DISTRICT ACTIONS
Sec. 8834.252. INJUNCTIVE RELIEF; CIVIL PENALTY
CHAPTER 8834. FORT BEND SUBSIDENCE DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8834.001. DEFINITIONS. In this chapter:
(1) "Beneficial use" means any use that is useful or
beneficial to the user, including:
(A) an agricultural, gardening, domestic, stock
raising, municipal, mining, manufacturing, industrial, commercial,
or recreational use, or a use for pleasure purposes; or
(B) exploring for, producing, handling, or
treating oil, gas, sulfur, or other minerals.
(2) "Board" means the district's board of directors.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "District" means the Fort Bend Subsidence
District.
(5) "Groundwater" means water existing below the
earth's surface in the district. The term does not include water
produced with oil in the production of oil and gas.
(6) "Subsidence" means the lowering in elevation of
the surface of land by groundwater withdrawal.
(7) "Waste" means:
(A) groundwater withdrawal from a groundwater
reservoir at a rate and in an amount that causes or threatens to
cause intrusion into the reservoir of water unsuitable for
agricultural, gardening, domestic, or stock raising purposes;
(B) groundwater withdrawal from a groundwater
reservoir through a well if the water withdrawn is not used for a
beneficial use or if the amount used is more than is reasonably
required for a beneficial use;
(C) escape of groundwater from a groundwater
reservoir to any other reservoir or geologic strata that does not
contain groundwater;
(D) pollution or harmful alteration of
groundwater in a groundwater reservoir by saltwater or other
harmful matter admitted from another stratum or from the surface of
the ground;
(E) unless the discharge is authorized by a
permit, rule, or order issued by the commission under Chapter 26,
Water Code, wilfully or negligently causing, suffering, or allowing
groundwater to escape or flow:
(i) into a river, creek, natural
watercourse, depression, lake, reservoir, drain, sewer, street,
highway, road, or road ditch; or
(ii) onto land that does not belong to the
owner of the well;
(F) unless the occupant of the land receiving the
discharge granted permission for the discharge, the escape of
groundwater pumped for irrigation as irrigation tailwater onto land
that does not belong to the owner of the well; or
(G) wilfully causing or knowingly permitting the
water withdrawn from an artesian well to run off the owner's land or
to percolate through the stratum above which the water is found, as
prescribed by Section 11.205, Water Code.
(8) "Well" means a facility, device, or method used to
withdraw groundwater.
(9) "Withdrawal" means the act of extracting by
pumping or another method. (Acts 71st Leg., R.S., Ch. 1045, Secs.
2(2), (3), (4), (5), (6), (8), (9), (11), (15).)
Sec. 8834.002. NATURE OF DISTRICT. The district is:
(1) a conservation and reclamation district created
under Section 59, Article XVI, Texas Constitution; and
(2) a political subdivision of the state. (Acts 71st
Leg., R.S., Ch. 1045, Sec. 3(a) (part).)
Sec. 8834.003. PURPOSE; LEGISLATIVE INTENT. (a) The
purpose of this chapter is to provide for the regulation of
groundwater withdrawal in the district to prevent subsidence, which
contributes to or precipitates flooding or overflow in the
district, including rising water resulting from a storm or
hurricane.
(b) The legislature intends that the district administer
and enforce this chapter and exercise the district's rights,
powers, and duties in a manner that will effectively and
expeditiously accomplish the purposes of this chapter. (Acts 71st
Leg., R.S., Ch. 1045, Sec. 1.)
Sec. 8834.004. FINDINGS OF PUBLIC USE AND BENEFIT. The
district is created to serve a public use and benefit. (Acts 71st
Leg., R.S., Ch. 1045, Sec. 3(b).)
Sec. 8834.005. DISTRICT TERRITORY. The district includes
the territory in Fort Bend County unless the district's territory
has been modified under other law. (Acts 71st Leg., R.S., Ch. 1045,
Sec. 4; New.)
Sec. 8834.006. CERTAIN OTHER STATUTES INAPPLICABLE. Other
laws governing the administration or operation of a conservation
and reclamation district created under Section 52, Article III, or
Section 59, Article XVI, Texas Constitution, including Chapters 36
and 49, Water Code, do not apply to the district. (Acts 71st Leg.,
R.S., Ch. 1045, Sec. 4A(a).)
[Sections 8834.007-8834.050 reserved for expansion]
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 8834.051. DIRECTORS. (a) The district is governed by
a board of 13 directors appointed as provided by this section.
(b) Directors serve two-year terms.
(c) A director must be a qualified voter of the district.
(d) The persons designated by Subsections (e), (f), and (g)
shall appoint directors in January to fill vacancies caused by the
expiration of directors' terms. The district shall mail notice
regarding the necessity of an appointment to the persons designated
by Subsections (e), (f), and (g) not later than the 20th day before
the date of the board's January meeting.
(e) The mayor of each of the following municipalities shall
appoint a director from the mayor's respective municipality:
(1) Houston;
(2) Missouri City;
(3) Stafford;
(4) Sugar Land;
(5) Rosenberg; and
(6) Richmond.
(f) The Commissioners Court of Fort Bend County shall
appoint:
(1) two directors who represent agricultural
interests and live in an unincorporated area;
(2) two directors who represent industrial interests;
and
(3) two directors who represent business interests.
(g) The mayors of Fort Bend County municipalities other than
those listed in Subsection (e) shall appoint one director jointly.
(Acts 71st Leg., R.S., Ch. 1045, Secs. 5(a), (b), (c), (d), (f), (h)
(part), (j) (part).)
Sec. 8834.052. BOARD POWERS AND DUTIES. (a) The board has
all powers necessary or convenient to carry out its
responsibilities and accomplish the purpose of this chapter,
whether the powers are specifically authorized by this chapter or
are implied by this chapter or other law.
(b) The board shall administer this chapter as provided by
Section 8834.003. (Acts 71st Leg., R.S., Ch. 1045, Secs. 6(a),
(d).)
Sec. 8834.053. OFFICIAL BOARD ACTIONS. The affirmative
vote of a majority of the directors is required for any official
board action. (Acts 71st Leg., R.S., Ch. 1045, Sec. 5(q) (part).)
Sec. 8834.054. DIRECTOR'S BOND. (a) A director shall
execute a bond that is:
(1) for $5,000;
(2) payable to the district; and
(3) conditioned on the faithful performance of the
director's duties.
(b) The district shall pay for the bond. (Acts 71st Leg.,
R.S., Ch. 1045, Sec. 5(p) (part).)
Sec. 8834.055. OFFICERS. (a) Each year, at the first
meeting after the new directors take office, the directors shall
select a president, a vice president, and a secretary.
(b) An officer selected under Subsection (a) serves at the
will of the board and may be removed and replaced by a majority of
the board at any time.
(c) The president shall preside over meetings of the board.
If the president is not present, the vice president shall preside.
(Acts 71st Leg., R.S., Ch. 1045, Secs. 5(l), (m).)
Sec. 8834.056. MEETINGS. (a) The board shall hold one
regular meeting each month at a time set by the board.
(b) The board may hold a special meeting at the call of the
president or on the written request of at least three directors.
(Acts 71st Leg., R.S., Ch. 1045, Sec. 5(r) (part).)
Sec. 8834.057. APPLICABILITY OF OPEN MEETINGS LAW. (a) The
board shall give notice of board meetings as provided by Chapter
551, Government Code. Failure to provide notice of a regular
meeting or an insubstantial defect in notice of any meeting does not
affect the validity of any action taken at the meeting.
(b) A meeting of a committee of the board is not subject to
Chapter 551, Government Code, if less than a quorum is present at
the meeting. (Acts 71st Leg., R.S., Ch. 1045, Sec. 5(r) (part).)
Sec. 8834.058. COMPENSATION AND REIMBURSEMENT OF
DIRECTORS. (a) A director is entitled to receive fees of office of
not more than $150 a day for each day the director is engaged in the
exercise of the director's duties. The fees of office may not exceed
$9,000 a year.
(b) A director is entitled to receive reimbursement for
actual expenses reasonably and necessarily incurred in the exercise
of the director's duties under this chapter.
(c) To receive fees of office and reimbursement for
expenses, a director must file with the district a verified
statement that:
(1) shows the number of days spent in the service of
the district; and
(2) provides a general description of the duties
performed for each day of service. (Acts 71st Leg., R.S., Ch. 1045,
Sec. 5(n).)
Sec. 8834.059. VACANCIES. If a vacancy occurs on the board,
the person or persons designated by Section 8834.051 to appoint a
director for the position that is vacated shall appoint a director
to serve the unexpired term. (Acts 71st Leg., R.S., Ch. 1045, Sec.
5(o).)
Sec. 8834.060. DISTRICT POLICIES. The board shall adopt
the following written policies:
(1) a code of ethics for district directors, officers,
and employees and for persons engaged in handling investments for
the district;
(2) a policy relating to travel expenditures;
(3) a policy relating to district investments;
(4) policies and procedures for the selection,
monitoring, or review and evaluation of professional services; and
(5) policies that ensure a better use of management
information, including the use of:
(A) budgets to plan and control cost; and
(B) uniform reporting requirements based on
"Audits of State and Local Governmental Units," published by the
American Institute of Certified Public Accountants, and
"Governmental Accounting and Financial Reporting Standards,"
published by the Governmental Accounting Standards Board. (Acts
71st Leg., R.S., Ch. 1045, Sec. 6(g).)
Sec. 8834.061. GENERAL MANAGER. (a) The board may employ a
general manager to serve as the chief administrative officer of the
district. The district may contract with any person to perform the
general manager's duties.
(b) The board may delegate to the general manager the
authority to manage and operate the affairs of the district subject
only to orders of the board.
(c) The duties of the general manager include:
(1) administering board orders;
(2) coordinating with state, federal, and local
agencies;
(3) supervising development of district plans and
programs;
(4) preparing and submitting the annual budget to the
board; and
(5) performing other duties assigned by the board.
(d) The general manager shall execute a bond that is:
(1) in an amount set by the board;
(2) payable to the district; and
(3) conditioned on the general manager's faithful
performance of the general manager's duties.
(e) The district shall pay for the bond described under
Subsection (d).
(f) The board shall determine the compensation and terms of
office and employment for the general manager.
(g) The board by a vote of a majority of board members may
discharge the general manager. (Acts 71st Leg., R.S., Ch. 1045,
Sec. 7.)
Sec. 8834.062. PERSONNEL. (a) The general manager shall
employ personnel necessary to properly handle district business and
operation. The general manager may employ attorneys, bookkeepers,
engineers, and other expert and specialized personnel considered
necessary.
(b) The general manager shall determine the compensation
paid to district employees.
(c) The general manager may discharge a district employee.
(Acts 71st Leg., R.S., Ch. 1045, Secs. 8(a), (b).)
Sec. 8834.063. BENEFITS. (a) The board may provide for and
administer retirement, disability, and death compensation funds
for the employees of the district.
(b) The board may:
(1) establish a public retirement system as provided
by Chapter 810, Government Code; or
(2) provide for a deferred compensation plan as
described by Section 457, Internal Revenue Code of 1986.
(c) The board may:
(1) include hospitalization and medical benefits for
district employees as part of the compensation paid to the
employees; and
(2) adopt or amend a plan or rule as necessary to
provide the benefits described by Subdivision (1).
(d) The board may establish a sick leave pool for district
employees in the manner provided for state employees by Subchapter
A, Chapter 661, Government Code. (Acts 71st Leg., R.S., Ch. 1045,
Secs. 8(d), (e), (f), (g).)
Sec. 8834.064. BOND FOR EMPLOYEE RESPONSIBLE FOR MONEY.
(a) The board shall require an employee who collects, pays, or
handles district money to provide a good and sufficient bond that
is:
(1) in an amount sufficient to safeguard the district;
(2) payable to the district; and
(3) conditioned on:
(A) the faithful performance of the employee's
duties; and
(B) accounting for all district money and
property under the employee's control.
(b) The district shall pay for the bond. (Acts 71st Leg.,
R.S., Ch. 1045, Sec. 8(c).)
Sec. 8834.065. DISTRICT OFFICE. The board shall maintain
its principal office in the district for conducting district
business. The office must be in the district. (Acts 71st Leg.,
R.S., Ch. 1045, Sec. 9.)
Sec. 8834.066. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
(a) The district shall:
(1) keep a complete account of board meetings and
proceedings; and
(2) maintain in a safe place the board's minutes,
contracts, records, notices, accounts, and receipts.
(b) The board's minutes, contracts, records, notices,
accounts, and receipts are:
(1) the property of the district; and
(2) subject to public inspection. (Acts 71st Leg.,
R.S., Ch. 1045, Sec. 10.)
Sec. 8834.067. SEAL. The board shall adopt a seal. (Acts
71st Leg., R.S., Ch. 1045, Sec. 12.)
[Sections 8834.068-8834.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8834.101. DISTRICT PLAN. (a) The board shall
formulate a plan to control and mitigate subsidence in the
district.
(b) The plan must:
(1) regulate groundwater withdrawals to maintain
sufficient artesian pressure to control and mitigate subsidence;
and
(2) specify in as much detail as practicable the acts,
procedures, performance, and avoidance that are necessary to carry
out the purpose of this chapter.
(c) When formulating the plan, the board shall compile and
consider:
(1) a list of wells in the district subject to
regulation under this chapter;
(2) a list of all available sources of water, other
than groundwater, in the district;
(3) the purpose for which the water is used and for
which it is proposed to be used;
(4) accurate estimates of:
(A) groundwater withdrawal from all wells or
proposed wells in the district;
(B) the amount of groundwater that may be
withdrawn from each area in the district without causing:
(i) long-term static water level decline;
and
(ii) reduction of artesian pressure that
will lead to subsidence in the district; and
(C) current and future water needs in the
district;
(5) information relating to formulating a permit
system; and
(6) other information necessary to manage groundwater
in the district and to effectively and expeditiously carry out the
purpose of this chapter. (Acts 71st Leg., R.S., Ch. 1045, Secs.
16(a), (b), (c).)
Sec. 8834.102. ADOPTION OF DISTRICT PLAN. (a) The board
shall hold a hearing to consider a plan formulated under Section
8834.101.
(b) After the hearing, the board shall:
(1) make any changes it considers necessary according
to evidence and material presented at the hearing; and
(2) adopt the plan.
(c) The board may amend or repeal a plan adopted under this
section and may adopt a new plan as provided by this section for the
adoption of the original plan.
(d) An adopted plan remains in effect until a new plan is
adopted. (Acts 71st Leg., R.S., Ch. 1045, Secs. 16(f), (g), (h).)
Sec. 8834.103. WATER CONSERVATION MEASURES. (a) The board
may adopt rules requiring the use of water conservation measures to
reduce groundwater withdrawals.
(b) The district may cooperate with the commission and a
local government to establish water conservation goals,
guidelines, and plans to be used in the district.
(c) The district may contract with a local government in the
district to provide services needed to meet water conservation
requirements that the commission establishes. (Acts 71st Leg.,
R.S., Ch. 1045, Sec. 36.)
Sec. 8834.104. ANNUAL GROUNDWATER WITHDRAWAL
DETERMINATION. (a) Before March 31 of each year, the board shall
hold a hearing to determine the effects during the preceding
calendar year of groundwater withdrawal on subsidence in the
district.
(b) At the hearing, the board shall consider information
provided under Sections 8834.107 and 8834.214 and information
presented by persons appearing before the board.
(c) After the hearing, the board shall:
(1) consider all information presented to it;
(2) determine groundwater withdrawal in the district
during the preceding calendar year; and
(3) make findings on the effects during the preceding
calendar year of groundwater withdrawal on subsidence in the
district.
(d) The board's findings and determinations under
Subsection (c) shall be included in a report adopted by the board.
The report shall be made available for examination by any
interested person.
(e) The board shall submit the report adopted under
Subsection (d) and a copy of the most recent district plan adopted
under Section 8834.101 to the appropriate regional water planning
group. (Acts 71st Leg., R.S., Ch. 1045, Sec. 24.)
Sec. 8834.105. MONITORING AND SUPERVISION BY DISTRICT. (a)
The district may use subsidence compaction monitors, water-level
observation wells, and other materials and equipment to determine
the amount of groundwater that may be withdrawn while allowing
groundwater to rebound and stabilize to a level that will halt
subsidence.
(b) The district may use global positioning systems and
other geodetic survey methods to monitor land surface elevations
and measure subsidence.
(c) The district may coordinate monitoring and data
collection activities with other entities, including private
entities and federal, state, or local governmental entities. (Acts
71st Leg., R.S., Ch. 1045, Sec. 28.)
Sec. 8834.106. DISTRICT RESEARCH. (a) The board may
conduct studies and research that the board considers necessary to
implement this chapter.
(b) The district may collect any information that the board
determines is necessary to implement this chapter, including
information regarding the use of groundwater, water conservation,
and the practicability of recharging a groundwater reservoir.
(c) The board may use the services of geologists,
hydrologists, licensed engineers, licensed geoscientists, or other
expert personnel to accomplish the purposes of this section. (Acts
71st Leg., R.S., Ch. 1045, Sec. 29.)
Sec. 8834.107. STUDIES BY BOARD STAFF. At least once each
year and at any other time the board considers necessary, the board
may have its staff make a complete study of the groundwater in the
district and determine:
(1) the water level;
(2) the rates and amounts of groundwater withdrawal;
and
(3) other information relating to groundwater
withdrawal that may affect subsidence in the district. (Acts 71st
Leg., R.S., Ch. 1045, Sec. 23.)
Sec. 8834.108. SALE OR DISTRIBUTION OF WATER PROHIBITED.
The district may not sell or distribute surface water or
groundwater. (Acts 71st Leg., R.S., Ch. 1045, Sec. 38.)
Sec. 8834.109. ACCESS TO PROPERTY. (a) To carry out
technical and other investigations necessary to implement this
chapter, the board and its agents and employees are entitled to
access to all property in the district.
(b) Before entering property for the purposes of this
section, the person seeking access shall:
(1) give notice to the owner of the property as
provided by district rules; and
(2) present proper credentials.
(c) The board and its agents and employees who enter private
property shall observe the establishment's rules concerning
safety, internal security, and fire protection. (Acts 71st Leg.,
R.S., Ch. 1045, Sec. 27.)
Sec. 8834.110. GENERAL POWERS RELATED TO PROPERTY AND
CONTRACTS. (a) The board may:
(1) purchase, lease, own, convey, and dispose of
property both inside and outside district territory necessary or
convenient to exercise the board's powers, duties, and functions
under this chapter;
(2) construct, purchase, lease, or acquire in some
other manner any material or property, including supplies,
equipment, vehicles, or machinery, necessary to carry out this
chapter;
(3) accept a grant, gift, or devise of property; or
(4) accept a grant, gift, loan, or other distribution
of money.
(b) The district may make or accept a grant, gratuity,
advance, or loan in any form to or from any public source approved
by the board, including a governmental entity.
(c) The district may enter into a contract, covenant, or
agreement the board considers appropriate related to a grant,
gratuity, advance, or loan.
(d) The board may enter into a contract with any person to
carry out this chapter.
(e) The district may enter into contracts only in the
district's name. (Acts 71st Leg., R.S., Ch. 1045, Secs. 6(f), 31,
35.)
Sec. 8834.111. COOPERATION WITH GOVERNMENTAL ENTITIES. In
implementing this chapter, the board may request the assistance of
and cooperate with a local government or an agency of this state or
of the United States, including the Texas Water Development Board,
the commission, and the United States Geological Survey. (Acts
71st Leg., R.S., Ch. 1045, Sec. 30.)
Sec. 8834.112. RULES. (a) After notice and hearing, the
board shall adopt rules designed to expeditiously and effectively
implement this chapter and accomplish its purpose, including rules
governing procedures before the board. The board shall enforce the
rules.
(b) The board may adopt rules to prevent the waste of water
or the degradation of water quality.
(c) The board shall compile its rules in a book and make the
book available for use and inspection at the district's principal
office. The district shall provide copies of its rules on payment
of the reproduction cost. (Acts 71st Leg., R.S., Ch. 1045, Sec.
13.)
Sec. 8834.113. CONSIDERATIONS FOR RULES AND ORDERS. When
adopting a rule or issuing an order, the board shall consider:
(1) the availability of surface water or alternative
water supplies;
(2) the economic effects on persons and the community;
(3) the degree and effect of subsidence on the surface
of the land; and
(4) the differing topographical and geophysical
characteristics of the land. (Acts 71st Leg., R.S., Ch. 1045, Sec.
6(c).)
Sec. 8834.114. HEARINGS. (a) At a regular meeting of the
board, the board shall set the date, time, and location for a
hearing to be held under this chapter.
(b) The board may hold a hearing at any location in the
district and recess a hearing from day to day.
(c) Any person may appear at a hearing and present
testimony, evidence, exhibits, or other information in person or by
counsel, or both.
(d) The board may use a hearing examiner to hear a subject
set for the hearing.
(e) The board shall make the final decision on a subject
heard by a hearing examiner. Procedures for use of hearing
examiners shall be provided by rule. (Acts 71st Leg., R.S., Ch.
1045, Secs. 14(a), (e), (f), (g), (h).)
Sec. 8834.115. NOTICE OF HEARINGS. (a) Not later than the
10th day before the date set for a hearing other than a permit
application hearing, the district shall deliver or mail notice of
the hearing to:
(1) each county and municipal government in the
district; and
(2) each person that the board considers to have an
interest in the subject matter of the hearing.
(b) Not later than the 10th day before the date set for a
hearing, the district shall:
(1) publish notice of the hearing once in a newspaper
of general circulation in each county in the district; and
(2) post notice of the hearing at the county
courthouse of each county in the district in the place where notices
are usually posted. (Acts 71st Leg., R.S., Ch. 1045, Secs. 14(b),
(c), (d).)
Sec. 8834.116. BOARD BYLAWS AND POLICIES. The board may
adopt bylaws and policies as necessary to accomplish its purposes.
(Acts 71st Leg., R.S., Ch. 1045, Sec. 6(e).)
Sec. 8834.117. AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER
OATHS. (a) The board may issue a subpoena to compel the testimony
of a person or the production of a document if the testimony or
document is necessary to carry out the board's powers, duties, and
functions under this chapter.
(b) On application by the board, a district court shall
enforce a subpoena issued under Subsection (a) in the same manner as
a subpoena issued by the court.
(c) The board may administer an oath to a person who
testifies before the board. (Acts 71st Leg., R.S., Ch. 1045, Sec.
15.)
Sec. 8834.118. SUITS. (a) The district may sue and be sued
in the courts of this state in the name of the district by and
through the board.
(b) If requested by the district, the attorney general shall
represent the district in the district courts and appellate courts
of this state and in the courts of the United States.
(c) The board, in the board's sole discretion, may employ
attorneys to represent the district in the district courts and
appellate courts of this state and the courts of the United States.
(d) The general manager is the agent of the district on whom
process, notice, or demand required or permitted by law to be served
on the district may be served.
(e) The district is not required to give a bond for appeal,
injunction, or costs in any suit to which the district is a party.
(f) If the district prevails in any suit other than a suit in
which it voluntarily intervenes, the district may seek and the
court shall grant, in the same action, recovery for attorney's
fees, costs for expert witnesses, and other costs incurred by the
district before the court. The court shall set the amount of the
attorney's fees. (Acts 71st Leg., R.S., Ch. 1045, Sec. 11.)
[Sections 8834.119-8834.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8834.151. DISBURSEMENT OF MONEY. The district may
disburse its money by:
(1) a check, draft, order, or other instrument signed
by a person authorized under a board bylaw or board resolution; or
(2) electronic funds transfer. (Acts 71st Leg., R.S.,
Ch. 1045, Sec. 40.)
Sec. 8834.152. DISTRICT ACCOUNTS. The district shall keep
a complete system of the district's accounts. (Acts 71st Leg.,
R.S., Ch. 1045, Sec. 41(a) (part).)
Sec. 8834.153. FISCAL YEAR. The district's fiscal year is
the calendar year. (Acts 71st Leg., R.S., Ch. 1045, Sec. 41(c).)
Sec. 8834.154. BUDGET. (a) The board shall adopt an annual
budget containing a complete financial statement.
(b) The board may amend the annual budget. (Acts 71st Leg.,
R.S., Ch. 1045, Sec. 41(d).)
Sec. 8834.155. AUDIT. The district shall have its affairs
audited each year by an independent certified public accountant or
a firm of independent certified public accountants of recognized
integrity and ability. The district shall pay for the audit. (Acts
71st Leg., R.S., Ch. 1045, Sec. 41(a) (part).)
Sec. 8834.156. COPY OF AUDIT. The board shall keep one copy
of the audit prepared under Section 8834.155 at the district office
open to inspection by any interested person during normal office
hours. (Acts 71st Leg., R.S., Ch. 1045, Sec. 41(b).)
Sec. 8834.157. DEPOSITORY AND INVESTMENTS. (a) Except as
provided by Subsection (g), the board shall designate one or more
banks in the district to serve as a depository for district money.
All district money shall be deposited in a depository bank. This
subsection does not limit the power of the board to place a portion
of the district's money on time deposit or to purchase certificates
of deposit or other authorized investments.
(b) The board shall prescribe the term of service for
depositories.
(c) To the extent that money in a depository bank or a
trustee bank is not invested or insured by the Federal Deposit
Insurance Corporation, the money must be secured in the manner
provided by Chapter 2257, Government Code.
(d) Before designating a depository bank, the board shall
issue a notice stating the time and location the board will meet for
that purpose and shall invite banks in the district to submit
applications to be designated depositories.
(e) The board shall consider the management and condition of
each bank that applies under Subsection (d) and designate as a
depository the bank or banks that:
(1) offer the most favorable terms and conditions for
handling district money;
(2) the board finds have proper management; and
(3) are in a condition to warrant handling of district
money.
(f) Membership on the district's board of an officer or
director of a bank does not disqualify the bank from being
designated as a depository bank.
(g) If the board does not receive any applications before
the meeting under Subsection (d), the board shall designate as a
depository a bank or banks inside or outside the district under
terms the board finds advantageous to the district.
(h) District money may be invested and reinvested as
provided by Chapter 2256, Government Code.
(i) The board by resolution may provide that an authorized
district representative may invest and reinvest district money and
provide for money to be withdrawn from the appropriate district
accounts for investments on terms that the board considers
advisable. (Acts 71st Leg., R.S., Ch. 1045, Sec. 42.)
[Sections 8834.158-8834.200 reserved for expansion]
SUBCHAPTER E. REGULATORY PROVISIONS
Sec. 8834.201. GROUNDWATER WITHDRAWALS SUBJECT TO BOARD
RULE. Groundwater withdrawals governed by this chapter, including
withdrawals of injected water, are subject to reasonable board
rules and orders. (Acts 71st Leg., R.S., Ch. 1045, Sec. 6(b).)
Sec. 8834.202. CERTAIN WELLS EXEMPT. This chapter does not
apply to:
(1) a well regulated under Chapter 27, Water Code;
(2) a well that:
(A) has a casing with an inside diameter of not
more than five inches; and
(B) serves only a single-family dwelling; or
(3) a shallow well that:
(A) is not used to provide water for:
(i) human consumption;
(ii) agriculture;
(iii) manufacturing or industry; or
(iv) water injection; and
(B) withdraws water solely:
(i) to prevent hazardous sand boils,
dewater surface construction sites, or relieve hydrostatic uplift
on permanent structures;
(ii) for groundwater quality analysis and
for monitoring migration of subsurface contaminants or pollution;
or
(iii) for recovery of contamination or
pollution. (Acts 71st Leg., R.S., Ch. 1045, Sec. 39.)
Sec. 8834.203. REGULATION OF SPACING AND GROUNDWATER
WITHDRAWAL. (a) To minimize as far as practicable the drawdown of
the water table and the reduction of artesian pressure and to
control and prevent subsidence, the board may provide for the
spacing of wells in the district and may regulate groundwater
withdrawal from wells, taking into consideration:
(1) the economic impact on well owners;
(2) the resulting effect on subsidence; and
(3) other relevant factors.
(b) Before adopting a rule or issuing an order under this
section, the board shall set a hearing on the proposed rule or
order.
(c) The district may adopt different rules for:
(1) each aquifer, subdivision of an aquifer, or
geologic stratum located wholly or partly in the district's
territory; or
(2) each geographic area overlying an aquifer or
subdivision of an aquifer located wholly or partly in the
district's territory. (Acts 71st Leg., R.S., Ch. 1045, Secs.
25(a), (b), (c).)
Sec. 8834.204. WATER-METERING DEVICES. The board may:
(1) require water-metering devices to be placed on
wells in the district; and
(2) adopt standards for the accuracy, testing, and
calibration of the devices. (Acts 71st Leg., R.S., Ch. 1045, Sec.
26.)
Sec. 8834.205. WELL REGISTRATION. The board by rule may
require the registration of any well in the district. (Acts 71st
Leg., R.S., Ch. 1045, Sec. 17.)
Sec. 8834.206. PERMIT REQUIRED. (a) The owner of a well
located in the district must obtain a permit from the board before:
(1) drilling, equipping, or completing the well;
(2) substantially altering the size of the well or a
well pump; or
(3) operating the well.
(b) An operational well must have a permit.
(c) An owner or operator commits a violation if the owner or
operator does not obtain a permit as required by Subsection (a). A
violation occurs on the first day the drilling, equipping,
completing, altering, or operation begins. Each day that a
violation continues is a separate violation. (Acts 71st Leg.,
R.S., Ch. 1045, Secs. 2(7), 18(a), (b).)
Sec. 8834.207. APPLICATION FOR PERMIT. (a) A person must
submit an application and an application fee to the board to obtain
a permit under this chapter.
(b) The application must state:
(1) the person's name and address;
(2) the location and wellhead elevation of the well or
proposed well;
(3) the amount of water being withdrawn or proposed to
be withdrawn; and
(4) any other information required by the board as
necessary for the board to control and prevent subsidence in the
district.
(c) The board shall use the application fee to process
applications. (Acts 71st Leg., R.S., Ch. 1045, Secs. 18(f), (g).)
Sec. 8834.208. NOTICE AND HEARING ON PERMIT APPLICATION.
(a) The board shall hold a hearing on each permit application.
(b) Not later than the 10th day before the date set for the
hearing, the board shall notify the applicant by regular mail or by
certified mail, return receipt requested, of the date, time, and
location of the hearing.
(c) The board may consider at a hearing as many permit
applications as the board considers necessary. (Acts 71st Leg.,
R.S., Ch. 1045, Sec. 19.)
Sec. 8834.209. ISSUANCE OF PERMIT. (a) Not later than the
60th day after the date of the hearing on a permit application, the
board shall:
(1) decide whether to issue the permit; and
(2) prescribe the terms of the permit, if it decides to
issue the permit.
(b) In deciding whether to issue a permit and in prescribing
the terms of the permit, the board shall consider:
(1) the purpose of this chapter;
(2) the district plan;
(3) the quality, quantity, and availability of surface
water or alternative water supplies at prices that are competitive
with prices charged by suppliers of surface water in the district;
(4) the economic effect on the applicant of a decision
to issue or deny the permit, or of the permit terms, in relation to
the effect on subsidence that would result;
(5) the applicant's compliance with this chapter or
any district rule, permit, or order; and
(6) all other relevant factors.
(c) The board shall issue a permit to an applicant if the
board finds on sufficient evidence that:
(1) there is no other adequate and available
substitute or supplemental source of surface water at prices
competitive with the prices charged by suppliers of surface water
in the district; and
(2) compliance with any provision of this chapter or
any district rule will result in an arbitrary taking of property or
in the practical closing and elimination of any lawful business,
occupation, or activity without sufficient corresponding benefit
or advantage to the public.
(d) The permit must state the terms prescribed by the board.
The permit must include:
(1) the name and address of the permit holder;
(2) the location of the well;
(3) the date the permit begins and the date the permit
expires;
(4) conditions and restrictions placed on groundwater
withdrawal; and
(5) other terms necessary to control and prevent
subsidence.
(e) The board may condition the issuance of a permit under
this section on the resolution of a previous or continuing
violation of this chapter or of any district rule, permit, or order.
The board may require an applicant to pay a civil penalty or
settlement amount, or take other necessary action, to resolve a
previous or continuing violation. (Acts 71st Leg., R.S., Ch. 1045,
Sec. 20.)
Sec. 8834.210. TERM OF PERMIT. (a) A permit issued under
this chapter expires on the first anniversary of the date of
issuance, unless the board specifies a different period.
(b) To aid the district in the effective and expeditious
performance of its duties, the board may issue a permit for a term
not to exceed five years if the issuance does not impair the
district's ability to control and prevent subsidence in the
district.
(c) A permit is not a vested right of the permit holder. The
board may revoke, suspend, or amend a permit after notice and
hearing when reasonably necessary to accomplish the purpose of this
chapter. (Acts 71st Leg., R.S., Ch. 1045, Secs. 18(c), (d).)
Sec. 8834.211. RENEWAL OF PERMIT. The board may renew a
permit in the manner provided for issuing an original permit. (Acts
71st Leg., R.S., Ch. 1045, Sec. 18(e).)
Sec. 8834.212. PERMIT FEES. (a) When the board issues or
renews a permit, the board shall collect a permit fee from the
applicant. The fee shall be determined by a schedule based on:
(1) the term of the permit; and
(2) the maximum annual amount of groundwater the board
authorizes to be withdrawn from the well.
(b) The board may establish a disincentive permit fee to
serve as a regulatory tool by creating a disincentive to continued
overreliance on groundwater.
(c) The board shall determine the fee schedule after a
hearing.
(d) The board shall use permit fees collected under this
section to pay the cost of issuing permits and performing other
regulatory functions under this chapter, including making grants,
loans, or contractual payments to achieve, facilitate, or expedite
reductions in groundwater pumping or the development or
distribution of alternative water supplies. (Acts 71st Leg., R.S.,
Ch. 1045, Sec. 34.)
Sec. 8834.213. TRANSFERRING PERMIT. (a) A permit is
transferable only if the permit holder and the new owner of the well
notify the district by certified mail, return receipt requested,
of:
(1) the transfer of ownership of the well; and
(2) the name and address of the new owner.
(b) On receipt of the information required under Subsection
(a), the district shall issue an amended permit with the new owner
of the well listed as the permit holder. The remaining terms of the
permit remain unchanged. (Acts 71st Leg., R.S., Ch. 1045, Sec. 21.)
Sec. 8834.214. ANNUAL REPORT. Before January 31 each year,
a well owner who holds a permit under this chapter shall submit to
the board a report stating:
(1) the well owner's name;
(2) the location of the well;
(3) the total amount of groundwater withdrawn from the
well during the preceding 12-month period;
(4) the total amount of groundwater withdrawn from the
well during each month of the preceding 12-month period;
(5) the purpose for which the groundwater was used;
and
(6) any other information required by the board that
the board considers necessary for the board to control and prevent
subsidence in the district. (Acts 71st Leg., R.S., Ch. 1045, Sec.
22.)
Sec. 8834.215. REDUCTION OF GROUNDWATER USE. (a) The board
by order may require a person to completely or partially
discontinue the use of groundwater by:
(1) acquiring an alternative water supply needed to
replace the water supply covered by the order; or
(2) participating in a groundwater reduction plan or
other agreement the board approves as complying with the district's
regulatory requirements.
(b) The board by order or rule may require a person to reduce
groundwater use by eliminating waste or implementing water
conservation measures. (Acts 71st Leg., R.S., Ch. 1045, Secs.
25(d), (e).)
Sec. 8834.216. OPEN OR UNCOVERED WELLS. (a) The district
may require the owner or lessee of land on which an open or
uncovered well is located to keep the well closed or capped with a
covering capable of supporting not less than 400 pounds when the
well is not in actual use.
(b) If the owner or lessee fails or refuses to close or cap a
well as required, a person employed by the district may enter the
land and close or cap the well safely and securely. (Acts 71st
Leg., R.S., Ch. 1045, Sec. 37.)
[Sections 8834.217-8834.250 reserved for expansion]
SUBCHAPTER F. APPEAL AND ENFORCEMENT PROVISIONS
Sec. 8834.251. APPEAL OF DISTRICT ACTIONS. (a) A person
who is adversely affected by a rule, order, or other official action
of the board, including a person residing in or owning real property
in the district whose residence or real property is subsiding, may
appeal the action to a district court in any county in the district
after any administrative appeal is finally resolved.
(b) An appeal under this section must be filed not later
than the 45th day after the date any administrative appeal is
finally resolved.
(c) On written request from a person who is adversely
affected, the board shall make written findings and conclusions
regarding a rule, order, or other official action of the district.
The board shall provide a certified copy of the findings and
conclusions to the person not later than the 35th day after the date
the request was made.
(d) An appeal under this section of the legal propriety of a
rule, order, or other action of the board is governed by the
substantial evidence rule as provided by Subchapter G, Chapter
2001, Government Code. The burden of proof is on the petitioner,
and the challenged rule, order, or other official action of the
district is considered prima facie valid.
(e) The district court shall set for trial as expeditiously
as possible an appeal brought under this section and may not
postpone or continue the suit unless the reasons for postponement
or continuance are imperative. (Acts 71st Leg., R.S., Ch. 1045,
Sec. 32.)
Sec. 8834.252. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) If a
person has violated, is violating, or is threatening to violate
this chapter or a district rule, permit, or order, the district may
institute an action in a district court in the district for:
(1) an injunction to restrain the person from
continuing the violation or the threat of violation;
(2) a civil penalty of not less than $50 and not more
than $5,000 for each violation and for each day of violation; or
(3) both injunctive relief and a civil penalty.
(b) The attorney general shall institute an action under
this section at the request of the board, or at the request of the
general manager if authorized by the board. The district in its
sole discretion may employ attorneys of its choice to institute the
action.
(c) The district is not required to post bond or other
security with the court.
(d) The district court shall grant the injunctive relief
requested under Subsection (a) as the facts warrant if the court
finds that a person is violating or threatening to violate this
chapter or a district rule, permit, or order.
(e) The district court shall assess a civil penalty
requested under Subsection (a) in the amount provided by that
subsection if the court finds that a person has violated or is
violating this chapter or a district rule, permit, or order. (Acts
71st Leg., R.S., Ch. 1045, Sec. 43.)
CHAPTER 8836. FAYETTE COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8836.001. DEFINITIONS
Sec. 8836.002. NATURE OF DISTRICT
Sec. 8836.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8836.004. DISTRICT TERRITORY
Sec. 8836.005. DISTRICT NAME CHANGE
[Sections 8836.006-8836.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8836.051. COMPOSITION OF BOARD; TERMS
Sec. 8836.052. ELECTION OF DIRECTORS
Sec. 8836.053. ELECTION DATE
Sec. 8836.054. QUALIFICATIONS FOR OFFICE
[Sections 8836.055-8836.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8836.101. GROUNDWATER CONSERVATION DISTRICT
POWERS AND DUTIES
Sec. 8836.102. REGIONAL COOPERATION
[Sections 8836.103-8836.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 8836.151. DISTRICT REVENUE
Sec. 8836.152. ELECTION TO APPROVE BONDS OR NOTES
CHAPTER 8836. FAYETTE COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8836.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Fayette County Groundwater
Conservation District. (Acts 77th Leg., R.S., Ch. 302, Sec. 2;
New.)
Sec. 8836.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Fayette County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 302, Secs. 1(a)
(part), (b).)
Sec. 8836.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 77th Leg., R.S., Ch. 302, Sec. 4.)
Sec. 8836.004. DISTRICT TERRITORY. The district's
boundaries are coextensive with the boundaries of Fayette County,
Texas, unless the district's territory has been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law. (Acts 77th Leg., R.S., Ch. 302, Sec. 3;
New.)
Sec. 8836.005. DISTRICT NAME CHANGE. The board by
resolution may change the district's name. (Acts 77th Leg., R.S.,
Ch. 302, Sec. 14.)
[Sections 8836.006-8836.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8836.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five directors.
(b) Directors serve staggered four-year terms. (Acts 77th
Leg., R.S., Ch. 302, Secs. 7(a), (d).)
Sec. 8836.052. ELECTION OF DIRECTORS. (a) Directors are
elected according to the commissioners precinct method as provided
by this section.
(b) One director is elected by the voters of the entire
district. One director is elected from each county commissioners
precinct by the voters of that precinct.
(c) A person shall indicate on the application for a place
on the ballot:
(1) the precinct that the person seeks to represent;
or
(2) that the person seeks to represent the district at
large.
(d) At the first election after the county commissioners
precincts are redrawn under Section 18, Article V, Texas
Constitution, four new directors shall be elected to represent the
precincts. The directors from Precincts 1 and 3 are elected for
two-year terms. The directors from Precincts 2 and 4 are elected for
four-year terms. (Acts 77th Leg., R.S., Ch. 302, Secs. 9(a), (b),
(d), (e).)
Sec. 8836.053. ELECTION DATE. On the first Tuesday after
the first Monday in November of each even-numbered year, the
appropriate number of directors shall be elected for terms
beginning January 1 of the following year. (Acts 77th Leg., R.S.,
Ch. 302, Sec. 11(b).)
Sec. 8836.054. QUALIFICATIONS FOR OFFICE. (a) To be
qualified to be a candidate for or to serve as director at large, a
person must be a registered voter in the district.
(b) To be qualified to be a candidate for or to serve as
director from a county commissioners precinct, a person must be a
registered voter of that precinct. (Acts 77th Leg., R.S., Ch. 302,
Sec. 9(c).)
[Sections 8836.055-8836.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8836.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. Except as provided by this chapter, the district has
the rights, powers, privileges, functions, and duties provided by
the general law of this state, including Chapter 36, Water Code,
applicable to groundwater conservation districts created under
Section 59, Article XVI, Texas Constitution. (Acts 77th Leg.,
R.S., Ch. 302, Sec. 5(a) (part).)
Sec. 8836.102. REGIONAL COOPERATION. To provide for
regional continuity, the district shall:
(1) participate in coordination meetings with
adjacent districts on an as-needed basis;
(2) coordinate the collection of data with adjacent
districts in such a way as to achieve relative uniformity of data
type and quality;
(3) coordinate efforts to monitor water quality with
adjacent districts, local governments, and state agencies;
(4) provide groundwater level data to adjacent
districts;
(5) investigate any groundwater and aquifer pollution
with the intention of locating its source;
(6) notify adjacent districts and all appropriate
agencies of any detected groundwater pollution;
(7) annually provide to adjacent districts an
inventory of water wells and an estimate of groundwater production
within the district; and
(8) include adjacent districts on the mailing lists
for district newsletters, seminars, public education events, news
articles, and field days. (Acts 77th Leg., R.S., Ch. 302, Sec. 6.)
[Sections 8836.103-8836.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 8836.151. DISTRICT REVENUE. To pay the district's
maintenance and operating costs and to pay any bonds or notes issued
by the district, the district may:
(1) impose an ad valorem tax at a rate not to exceed
two cents on each $100 valuation of taxable property in the
district, subject to voter approval;
(2) assess fees for services or for water withdrawn
from non-exempt wells; or
(3) solicit and accept grants from any private or
public source. (Acts 77th Leg., R.S., Ch. 302, Sec. 12.)
Sec. 8836.152. ELECTION TO APPROVE BONDS OR NOTES. The
district may not issue or sell bonds or notes payable from any
source unless the action is approved by a majority of the voters of
the district voting at an election held for that purpose. (Acts 77th
Leg., R.S., Ch. 302, Sec. 13.)
CHAPTER 8840. GLASSCOCK GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8840.001. DEFINITIONS
Sec. 8840.002. NATURE OF DISTRICT
Sec. 8840.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8840.004. DISTRICT TERRITORY
[Sections 8840.005-8840.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8840.051. COMPOSITION OF BOARD; TERMS
Sec. 8840.052. ELECTION OF DIRECTORS
Sec. 8840.053. ELECTION DATE
Sec. 8840.054. QUALIFICATIONS FOR ELECTION
Sec. 8840.055. ELECTION OF DIRECTORS FOLLOWING
ANNEXATION
[Sections 8840.056-8840.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8840.101. GENERAL POWERS AND DUTIES
Sec. 8840.102. ADMINISTRATIVE PROCEDURES
Sec. 8840.103. WELL PERMITS
Sec. 8840.104. WELL SPACING AND PRODUCTION
Sec. 8840.105. LOGS
Sec. 8840.106. SURVEYS
Sec. 8840.107. RESEARCH AND DETERMINATIONS REGARDING
GROUNDWATER WITHDRAWAL
Sec. 8840.108. COLLECTION AND PRESERVATION OF
INFORMATION
Sec. 8840.109. CONTRACT FOR SALE AND DISTRIBUTION OF
WATER
CHAPTER 8840. GLASSCOCK GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8840.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Glasscock Groundwater
Conservation District. (Acts 67th Leg., R.S., Ch. 489, Sec. 1
(part); New.)
Sec. 8840.002. NATURE OF DISTRICT. The district is created
under Section 59, Article XVI, Texas Constitution, to provide for
the conservation, preservation, protection, recharge, and
prevention of waste of the groundwater reservoirs located under
district land, consistent with the objectives of Section 59,
Article XVI, Texas Constitution, and Chapter 36, Water Code. (Acts
67th Leg., R.S., Ch. 489, Secs. 1 (part), 3.)
Sec. 8840.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land included in the district will benefit from the
district. (Acts 67th Leg., R.S., Ch. 489, Sec. 7(a).)
Sec. 8840.004. DISTRICT TERRITORY. The district's
boundaries are coextensive with the boundaries of Glasscock County,
Texas, unless the district's territory has been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law. (Acts 67th Leg., R.S., Ch. 489, Sec. 2;
New.)
[Sections 8840.005-8840.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8840.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of directors as provided by Chapter
36, Water Code.
(b) Directors serve staggered four-year terms. (Acts 67th
Leg., R.S., Ch. 489, Secs. 11(a), (f) (part).)
Sec. 8840.052. ELECTION OF DIRECTORS. (a) The district is
divided into numbered precincts for electing directors.
(b) The board may revise the district precincts as necessary
or appropriate.
(c) One director is elected from each district precinct and
one director is elected at large. (Acts 67th Leg., R.S., Ch. 489,
Secs. 11(c), (d).)
Sec. 8840.053. ELECTION DATE. The board shall hold an
election to elect the appropriate number of directors on the
uniform election date in May of each even-numbered year. (Acts 67th
Leg., R.S., Ch. 489, Sec. 11(f) (part).)
Sec. 8840.054. QUALIFICATIONS FOR ELECTION. (a) To be
qualified for election as a director, a person must:
(1) be a resident of the district or proposed
district;
(2) own land subject to taxation in the district or
proposed district; and
(3) be at least 21 years of age.
(b) To be qualified for election as a director from a
district precinct, a person must own land subject to taxation in the
district precinct from which the person is elected. (Acts 67th
Leg., R.S., Ch. 489, Secs. 11(b), (e).)
Sec. 8840.055. ELECTION OF DIRECTORS FOLLOWING ANNEXATION.
(a) Territory may be added to the district under Chapter 36, Water
Code.
(b) If the district annexes territory, the directors shall
determine the precincts to which annexed territory is added for the
purpose of electing directors. (Acts 67th Leg., R.S., Ch. 489, Sec.
10.)
[Sections 8840.056-8840.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8840.101. GENERAL POWERS AND DUTIES. The district may
exercise:
(1) the powers essential to accomplish the purposes of
Section 59, Article XVI, Texas Constitution; and
(2) the rights, powers, duties, privileges, and
functions provided by this chapter, Chapter 36, Water Code, and
other laws of this state relating to groundwater conservation
districts. (Acts 67th Leg., R.S., Ch. 489, Secs. 1 (part), 4
(part).)
Sec. 8840.102. ADMINISTRATIVE PROCEDURES. Except as
provided by this chapter, the administrative and procedural
provisions of Chapter 36, Water Code, apply to the district. (Acts
67th Leg., R.S., Ch. 489, Sec. 5.)
Sec. 8840.103. WELL PERMITS. (a) As permitted by Chapter
36, Water Code, the district may:
(1) require a permit for drilling, equipping, or
completing a well in a groundwater reservoir; and
(2) issue a permit subject to terms relating to
drilling, equipping, or completing a well that are necessary to
prevent waste or conserve, preserve, and protect groundwater.
(b) The district may not deny an owner of land, or the
owner's heirs, assigns, and lessees, a permit to drill a well on
that land or the right to produce groundwater from that well subject
to rules adopted under this chapter. (Acts 67th Leg., R.S., Ch.
489, Sec. 4 (part).)
Sec. 8840.104. WELL SPACING AND PRODUCTION. To minimize as
far as practicable the drawdown of the water table or the reduction
of the artesian pressure, the district, as permitted by Chapter 36,
Water Code, may provide for the spacing of wells producing from the
groundwater reservoirs and regulate the production from those
wells. (Acts 67th Leg., R.S., Ch. 489, Sec. 4 (part).)
Sec. 8840.105. LOGS. As permitted by Chapter 36, Water
Code, the district may require that:
(1) accurate driller's logs be kept of the drilling,
equipping, or completion of a well into a groundwater reservoir;
and
(2) a copy of a driller's log and of any electric log
that may be made of the well be filed with the district. (Acts 67th
Leg., R.S., Ch. 489, Sec. 4 (part).)
Sec. 8840.106. SURVEYS. As permitted by Chapter 36, Water
Code, the district may have a licensed engineer survey the
groundwater of a groundwater reservoir and the facilities for the
development, production, and use of that groundwater and determine
the quantity of the groundwater available for production and use
and the improvements, developments, and recharges needed for the
groundwater reservoir. (Acts 67th Leg., R.S., Ch. 489, Sec. 4
(part).)
Sec. 8840.107. RESEARCH AND DETERMINATIONS REGARDING
GROUNDWATER WITHDRAWAL. As permitted by Chapter 36, Water Code,
the district may carry out research projects, develop information,
and determine limitations, if any, that should be made on the
withdrawal of groundwater from a groundwater reservoir. (Acts 67th
Leg., R.S., Ch. 489, Sec. 4 (part).)
Sec. 8840.108. COLLECTION AND PRESERVATION OF INFORMATION.
As permitted by Chapter 36, Water Code, the district may collect and
preserve information regarding the use of groundwater and the
practicability of recharge of a groundwater reservoir. (Acts 67th
Leg., R.S., Ch. 489, Sec. 4 (part).)
Sec. 8840.109. CONTRACT FOR SALE AND DISTRIBUTION OF WATER.
As permitted by Chapter 36, Water Code, the district may contract
for, sell, and distribute water from a water import authority or
other agency. (Acts 67th Leg., R.S., Ch. 489, Sec. 4 (part).)
CHAPTER 8842. HEADWATERS GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8842.001. DEFINITIONS
Sec. 8842.002. NATURE OF DISTRICT
Sec. 8842.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8842.004. DISTRICT TERRITORY
[Sections 8842.005-8842.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8842.051. COMPOSITION OF BOARD; TERMS
Sec. 8842.052. ELECTION OF DIRECTORS
Sec. 8842.053. ELECTION DATE
Sec. 8842.054. ELIGIBILITY
Sec. 8842.055. COMPENSATION; EXPENSES
[Sections 8842.056-8842.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8842.101. GROUNDWATER CONSERVATION DISTRICT
POWERS AND DUTIES
Sec. 8842.102. AUTHORITY OF DISTRICT TO CONTRACT WITH
GOVERNMENTAL BODIES
Sec. 8842.103. GRANTING OF GROUNDWATER RIGHTS
PROHIBITED
CHAPTER 8842. HEADWATERS GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8842.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Headwaters Groundwater
Conservation District. (Acts 72nd Leg., R.S., Ch. 693, Sec. 2;
New.)
Sec. 8842.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Kerr County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution. (Acts 72nd Leg., R.S., Ch. 693, Secs. 1(a)
(part), (b).)
Sec. 8842.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 72nd Leg., R.S., Ch. 693, Sec. 4.)
Sec. 8842.004. DISTRICT TERRITORY. The district's
boundaries are coextensive with the boundaries of Kerr County,
unless the district's territory has been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law. (Acts 72nd Leg., R.S., Ch. 693, Sec. 3;
New.)
[Sections 8842.005-8842.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8842.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five directors.
(b) Directors serve staggered four-year terms. (Acts 72nd
Leg., R.S., Ch. 693, Secs. 6(a), (d).)
Sec. 8842.052. ELECTION OF DIRECTORS. (a) Directors are
elected according to the commissioners precinct method as provided
by this section.
(b) One director is elected by the voters of the entire
district. One director is elected from each county commissioners
precinct by the voters of that precinct.
(c) A person shall indicate on the application for a place
on the ballot:
(1) the precinct that the person seeks to represent;
or
(2) that the person seeks to represent the district at
large.
(d) At the first election after the county commissioners
precincts are redrawn under Section 18, Article V, Texas
Constitution, a new director is elected from each precinct. The
directors shall draw lots to determine which two directors shall
serve two-year terms and which two directors shall serve four-year
terms. (Acts 72nd Leg., R.S., Ch. 693, Secs. 9(a), (c), (e), (f).)
Sec. 8842.053. ELECTION DATE. (a) Except as provided by
Subsection (b), directors' elections shall occur on the date of the
general election for state and county officers.
(b) If directors' elections may not lawfully be held on the
date described by Subsection (a), directors' elections shall occur
on the uniform election date in May of odd-numbered years. (Acts
72nd Leg., R.S., Ch. 693, Sec. 9(b).)
Sec. 8842.054. ELIGIBILITY. (a) To be eligible to serve on
the board, a person must have been a resident of the district for at
least one year before the date the person takes office as a
director.
(b) To be qualified to be a candidate for or to serve as
director at large, a person must be a registered voter in the
district.
(c) To be a candidate for or to serve as director from a
county commissioners precinct, a person must be a registered voter
of that precinct. (Acts 72nd Leg., R.S., Ch. 693, Secs. 6(h),
9(d).)
Sec. 8842.055. COMPENSATION; EXPENSES. A director serves
without compensation but is entitled to reimbursement for actual
expenses incurred in performing activities related to district
business, including education, travel, and seminars. (Acts 72nd
Leg., R.S., Ch. 693, Sec. 6(g).)
[Sections 8842.056-8842.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8842.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. The district has the rights, powers, privileges,
functions, and duties provided by the general law of this state,
including Chapter 36, Water Code, applicable to groundwater
conservation districts created under Section 59, Article XVI, Texas
Constitution. (Acts 72nd Leg., R.S., Ch. 693, Sec. 5(a) (part).)
Sec. 8842.102. AUTHORITY OF DISTRICT TO CONTRACT WITH
GOVERNMENTAL BODIES. (a) The district may contract with Kerr
County or a river authority whose boundaries are coextensive with
the district's boundaries for services available from the county or
river authority that directly relate to the district's activities.
Any party to a contract under this subsection may petition the Texas
Commission on Environmental Quality to resolve any dispute arising
out of the contract.
(b) The district may contract with a state agency or another
governmental body to carry out any function of the district. (Acts
72nd Leg., R.S., Ch. 693, Sec. 10.)
Sec. 8842.103. GRANTING OF GROUNDWATER RIGHTS PROHIBITED.
The district may not sell, donate, lease, or otherwise grant rights
in or to groundwater located in the district. (Acts 72nd Leg.,
R.S., Ch. 693, Sec. 11.)
CHAPTER 8844. HILL COUNTRY UNDERGROUND WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8844.001. DEFINITIONS
Sec. 8844.002. NATURE OF DISTRICT
Sec. 8844.003. LEGISLATIVE FINDINGS
Sec. 8844.004. DISTRICT TERRITORY
[Sections 8844.005-8844.050 reserved for expansion]
SUBCHAPTER B. ANNEXATION OF TERRITORY
Sec. 8844.051. ANNEXATION OF TERRITORY AUTHORIZED
Sec. 8844.052. PETITION FOR ANNEXATION ELECTION
Sec. 8844.053. HEARING; ELECTION ORDER
Sec. 8844.054. BALLOTS
Sec. 8844.055. DECLARATION OF ELECTION RESULTS
[Sections 8844.056-8844.100 reserved for expansion]
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 8844.101. COMPOSITION OF BOARD
Sec. 8844.102. TERMS
Sec. 8844.103. QUALIFICATIONS FOR ELECTION;
ELIGIBILITY TO SERVE
Sec. 8844.104. ELECTION DATE
[Sections 8844.105-8844.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES
Sec. 8844.151. GROUNDWATER CONSERVATION DISTRICT
POWERS AND DUTIES
Sec. 8844.152. RECLAMATION
Sec. 8844.153. SOIL CONSERVATION AND IMPROVEMENT
Sec. 8844.154. INPUT WELLS
Sec. 8844.155. ACQUISITION OF PROPERTY
Sec. 8844.156. SALE AND DISPOSAL OF PROPERTY
Sec. 8844.157. APPEARANCE BEFORE RAILROAD COMMISSION
Sec. 8844.158. PROHIBITION: SUPPLY OF GROUNDWATER
CHAPTER 8844. HILL COUNTRY UNDERGROUND WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8844.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Hill Country Underground
Water Conservation District. (Acts 70th Leg., R.S., Ch. 865, Sec.
2; New.)
Sec. 8844.002. NATURE OF DISTRICT. The district is created
under Section 59, Article XVI, Texas Constitution. (Acts 70th
Leg., R.S., Ch. 865, Sec. 1 (part).)
Sec. 8844.003. LEGISLATIVE FINDINGS. The legislature finds
that:
(1) the organization of the district is feasible and
practicable;
(2) the land to be included in the district and the
residents of the district will benefit from the creation of the
district;
(3) there is a public necessity for the district; and
(4) the creation of the district will further the
public welfare. (Acts 70th Leg., R.S., Ch. 865, Sec. 3.)
Sec. 8844.004. DISTRICT TERRITORY. The district is
composed of the territory located in Gillespie County, unless the
district's territory has been modified under:
(1) this subchapter; or
(2) other law. (Acts 70th Leg., R.S., Ch. 865, Sec. 4;
New.)
[Sections 8844.005-8844.050 reserved for expansion]
SUBCHAPTER B. ANNEXATION OF TERRITORY
Sec. 8844.051. ANNEXATION OF TERRITORY AUTHORIZED. The
board may annex territory to the district as provided by this
subchapter. (Acts 70th Leg., R.S., Ch. 865, Sec. 20(a).)
Sec. 8844.052. PETITION FOR ANNEXATION ELECTION. (a) To
initiate a proceeding to annex territory to the district, a written
petition requesting that the board call an annexation election must
be presented to the board.
(b) The petition must:
(1) define the territory to be annexed; and
(2) be signed by at least 50 percent of the persons who
reside in the territory to be annexed according to the most recent
federal census. (Acts 70th Leg., R.S., Ch. 865, Sec. 20(b).)
Sec. 8844.053. HEARING; ELECTION ORDER. (a) On receipt of a
petition under Section 8844.052, the board shall set a date for a
hearing on the petition. The hearing must be set for a date that is
not later than the 20th day after the date the board receives the
petition.
(b) The board shall publish notice of the place, time, date,
and purpose of the hearing in one or more newspapers with general
circulation in the district and in the territory to be annexed.
(c) At the hearing, any person may present testimony for or
against annexation of the territory to the district.
(d) At the conclusion of the hearing, the board shall
determine whether an election should be held to determine whether
the territory should be annexed.
(e) If the board determines that an election should be held,
the board shall issue an order calling separate elections to be held
in the district and in the territory to be annexed to determine
whether the territory should be annexed to the district. The board
shall hold the elections on the same day at the next uniform
election date following the date of the order.
(f) If the board determines that an election should not be
held, the board shall issue an order denying the petition. (Acts
70th Leg., R.S., Ch. 865, Secs. 20(c), (d), (e), (f), (g), (h).)
Sec. 8844.054. BALLOTS. Ballots for an election called
under Section 8844.053 must be printed to provide for voting for or
against the proposition: "The inclusion of _______________________
(briefly describe the territory to be annexed) in the Hill Country
Underground Water Conservation District, and assumption by the
described territory of a proportional share of the outstanding
indebtedness of the district." (Acts 70th Leg., R.S., Ch. 865, Sec.
20(i).)
Sec. 8844.055. DECLARATION OF ELECTION RESULTS. (a) If a
majority of the voters in the district and a majority of the voters
in the territory to be annexed voting on the proposition vote in
favor of the proposition, the territory is annexed to the district,
and the board shall issue a declaration to that effect.
(b) If a majority of the voters in the district or in the
territory to be annexed voting on the proposition vote against
annexing the territory to the district, the territory is not
annexed to the district, and the board shall issue a declaration to
that effect.
(c) The board shall file a copy of the election results and
declaration with the Texas Commission on Environmental Quality.
(Acts 70th Leg., R.S., Ch. 865, Sec. 20(j).)
[Sections 8844.056-8844.100 reserved for expansion]
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 8844.101. COMPOSITION OF BOARD. (a) The board is
composed of five directors, unless the board is expanded under
Subsection (b).
(b) If territory is annexed to the district, the territory
annexed is entitled to be represented by one director, and the board
shall add one director to the board for that purpose. The board
shall appoint an initial director to represent the newly annexed
territory. The initial director serves until the first regular
meeting of the board following the first regular election of
directors subsequent to the annexation of the territory. (Acts
70th Leg., R.S., Ch. 865, Secs. 8, 20(k).)
Sec. 8844.102. TERMS. Directors serve four-year terms.
(Acts 70th Leg., R.S., Ch. 865, Sec. 11.)
Sec. 8844.103. QUALIFICATIONS FOR ELECTION; ELIGIBILITY TO
SERVE. (a) To be qualified for election as a director, a person
must be:
(1) a resident of the district; and
(2) at least 18 years of age.
(b) In addition to the requirements of Subsection (a):
(1) to be a director from a county commissioners
precinct, a person must be a resident of that precinct; and
(2) to be a director from a specific territory annexed
to the district, a person must be a resident of that territory.
(Acts 70th Leg., R.S., Ch. 865, Sec. 9.)
Sec. 8844.104. ELECTION DATE. Each odd-numbered year, the
board shall hold an election in the district on the uniform election
date in May to elect the appropriate number of directors. (Acts
70th Leg., R.S., Ch. 865, Sec. 10.)
[Sections 8844.105-8844.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES
Sec. 8844.151. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. Except to the extent of a conflict with this chapter or
as limited by this chapter, the district is governed by, is subject
to, may exercise the powers granted by, and shall exercise the
duties provided by Chapter 36, Water Code. (Acts 70th Leg., R.S.,
Ch. 865, Sec. 12.)
Sec. 8844.152. RECLAMATION. The district may:
(1) reclaim land in the district; and
(2) construct works, facilities, and improvements
necessary to accomplish that purpose. (Acts 70th Leg., R.S., Ch.
865, Sec. 13.)
Sec. 8844.153. SOIL CONSERVATION AND IMPROVEMENT. The
district may construct and maintain terraces or other structures on
land in the district and may engage in or promote land treatment
measures for soil conservation and improvement. (Acts 70th Leg.,
R.S., Ch. 865, Sec. 14.)
Sec. 8844.154. INPUT WELLS. The district may drill, equip,
operate, and maintain input wells, pumps, and other facilities to
carry out its purpose and powers under this chapter. (Acts 70th
Leg., R.S., Ch. 865, Sec. 15.)
Sec. 8844.155. ACQUISITION OF PROPERTY. The district may
acquire any land or property necessary to carry out this chapter by:
(1) gift;
(2) grant;
(3) devise;
(4) lease;
(5) purchase; or
(6) the power of eminent domain. (Acts 70th Leg.,
R.S., Ch. 865, Sec. 16.)
Sec. 8844.156. SALE AND DISPOSAL OF PROPERTY. Subject to
this chapter and Chapter 36, Water Code, the district may sell or
otherwise dispose of land and other property of the district that is
not necessary to carry out the purpose or powers of the district as
determined by the board. (Acts 70th Leg., R.S., Ch. 865, Sec. 17.)
Sec. 8844.157. APPEARANCE BEFORE RAILROAD COMMISSION. The
district, through the directors or the district's general manager,
may appear before the Railroad Commission of Texas and present
evidence and information related to a pending permit application
for an injection well to be located in the district. (Acts 70th
Leg., R.S., Ch. 865, Sec. 18.)
Sec. 8844.158. PROHIBITION: SUPPLY OF GROUNDWATER. The
district may not contract to or take an action to supply groundwater
inside or outside the district. (Acts 70th Leg., R.S., Ch. 865,
Sec. 19.)
CHAPTER 8846. KINNEY COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8846.001. DEFINITIONS
Sec. 8846.002. NATURE OF DISTRICT
Sec. 8846.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8846.004. DISTRICT TERRITORY
Sec. 8846.005. DISTRICT NAME CHANGE
Sec. 8846.006. CONTRACTS FOR ELECTION SERVICES
[Sections 8846.007-8846.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8846.051. COMPOSITION OF BOARD; TERMS
Sec. 8846.052. ELECTION OF DIRECTORS
Sec. 8846.053. ELECTION DATE
Sec. 8846.054. ELIGIBILITY
Sec. 8846.055. BOARD VACANCY
Sec. 8846.056. COMPENSATION; EXPENSES
[Sections 8846.057-8846.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8846.101. GROUNDWATER CONSERVATION DISTRICT
POWERS AND DUTIES
[Sections 8846.102-8846.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8846.151. TAXES
Sec. 8846.152. FEES
CHAPTER 8846. KINNEY COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8846.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commissioners court" means the Kinney County
Commissioners Court.
(3) "Director" means a board member.
(4) "District" means the Kinney County Groundwater
Conservation District. (Acts 77th Leg., R.S., Ch. 1344, Sec. 2;
New.)
Sec. 8846.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Kinney County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1344, Secs.
1(a) (part), (b).)
Sec. 8846.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1344, Sec. 4.)
Sec. 8846.004. DISTRICT TERRITORY. The district's
boundaries are coextensive with the boundaries of Kinney County,
Texas, unless the district's territory has been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law. (Acts 77th Leg., R.S., Ch. 1344, Sec.
3; New.)
Sec. 8846.005. DISTRICT NAME CHANGE. The board may change
the district's name when the district annexes territory. (Acts
77th Leg., R.S., Ch. 1344, Sec. 12.)
Sec. 8846.006. CONTRACTS FOR ELECTION SERVICES. The
district shall contract with the county clerk of Kinney County to
conduct the district's elections. (Acts 77th Leg., R.S., Ch. 1344,
Sec. 9(b) (part).)
[Sections 8846.007-8846.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8846.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of seven directors.
(b) Directors serve staggered four-year terms.
(c) A director may serve consecutive terms. (Acts 77th
Leg., R.S., Ch. 1344, Secs. 6(a), (d), (g).)
Sec. 8846.052. ELECTION OF DIRECTORS. (a) Directors are
elected according to the method provided by this section.
(b) Three at-large directors are elected by the voters of
the entire district. One director is elected from each county
commissioners precinct by the voters of that precinct.
(c) A person shall indicate on the application for a place
on the ballot the position on the board for which the person is a
candidate.
(d) At the first election after the county commissioners
precincts are redrawn under Section 18, Article V, Texas
Constitution, each director in office on the effective date of the
change, or elected to a term of office beginning on or after the
effective date of the change, shall serve, unless otherwise removed
as provided by law, in the position to which each was elected for
the entire term to which elected, even though the change in
boundaries places the director's residence outside the precinct
from which the director was elected. (Acts 77th Leg., R.S., Ch.
1344, Secs. 8(a), (b), (e), (f).)
Sec. 8846.053. ELECTION DATE. On the first Tuesday after
the first Monday in November of each even-numbered year, the
appropriate number of directors shall be elected. (Acts 77th Leg.,
R.S., Ch. 1344, Sec. 10(b).)
Sec. 8846.054. ELIGIBILITY. (a) To be eligible to be a
candidate for or to serve as a director at large, a person must be a
registered voter in the district and:
(1) for position one, reside in the district;
(2) for position two, reside in the city of
Brackettville; and
(3) for position three, reside in the Fort Clark
Springs Municipal Utility District.
(b) To be eligible to be a candidate for or to serve as a
director from a county commissioners precinct, a person must:
(1) be a registered voter of that precinct; and
(2) reside in a rural area of that precinct. (Acts
77th Leg., R.S., Ch. 1344, Secs. 8(c), (d).)
Sec. 8846.055. BOARD VACANCY. (a) The commissioners court
shall appoint a replacement to fill a vacancy in the office of
director.
(b) The appointed replacement serves until the next
directors' election.
(c) At that election, a person is elected to fill the
position. If the position is not scheduled to be filled at the
election, the person elected to fill the position serves only for
the remainder of the unexpired term. (Acts 77th Leg., R.S., Ch.
1344, Sec. 6(i).)
Sec. 8846.056. COMPENSATION; EXPENSES. (a) A director may
not receive compensation for performing duties as a director.
(b) A director shall be reimbursed for actual reasonable
expenses incurred in performing duties as a director. (Acts 77th
Leg., R.S., Ch. 1344, Sec. 6(h).)
[Sections 8846.057-8846.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8846.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. The district has the rights, powers, privileges,
functions, and duties provided by the general law of this state,
including Chapter 36, Water Code, applicable to groundwater
conservation districts created under Section 59, Article XVI, Texas
Constitution. (Acts 77th Leg., R.S., Ch. 1344, Sec. 5(a) (part).)
[Sections 8846.102-8846.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8846.151. TAXES. To pay the district's maintenance
and operating expenses, each year the district may impose an ad
valorem tax at a rate not to exceed 10 cents for each $100 of
assessed valuation if a majority of the voters:
(1) approved the authority to impose the tax at the
confirmation election; or
(2) approve that authority at a separate election
called for that purpose by the board. (Acts 77th Leg., R.S., Ch.
1344, Sec. 11(a).)
Sec. 8846.152. FEES. The district may:
(1) impose a fee on water exported from the district;
and
(2) assess other fees as authorized by Chapter 36,
Water Code. (Acts 77th Leg., R.S., Ch. 1344, Secs. 11(b), (c).)
CHAPTER 8848. LONE WOLF GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8848.001. DEFINITIONS
Sec. 8848.002. NATURE OF DISTRICT
Sec. 8848.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8848.004. DISTRICT TERRITORY
[Sections 8848.005-8848.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8848.051. COMPOSITION OF BOARD; TERMS
Sec. 8848.052. ELECTION OF DIRECTORS
Sec. 8848.053. ELECTION DATE
Sec. 8848.054. ELIGIBILITY
Sec. 8848.055. COMPENSATION
[Sections 8848.056-8848.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8848.101. GROUNDWATER CONSERVATION DISTRICT
POWERS AND DUTIES
[Sections 8848.102-8848.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8848.151. LIMITATION ON TAX RATE FOR DEBT
CHAPTER 8848. LONE WOLF GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8848.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Lone Wolf Groundwater
Conservation District. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3;
Acts 77th Leg., R.S., Ch. 966, Sec. 3.0402; Acts 77th Leg., R.S.,
Ch. 1328, Sec. 2; New.)
Sec. 8848.002. NATURE OF DISTRICT. The district is a
groundwater conservation district created under and essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part),
(c).)
Sec. 8848.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.)
Sec. 8848.004. DISTRICT TERRITORY. The district's
boundaries are coextensive with the boundaries of Mitchell County
unless the district's territory has been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law. (Acts 76th Leg., R.S., Ch. 1331, Sec.
2(a) (part); New.)
[Sections 8848.005-8848.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8848.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five directors.
(b) Directors serve staggered four-year terms. (Acts 77th
Leg., R.S., Ch. 966, Secs. 3.0404(a), (d); Acts 77th Leg., R.S., Ch.
1328, Secs. 4(a), (d).)
Sec. 8848.052. ELECTION OF DIRECTORS. (a) Directors are
elected according to the commissioners precinct method as provided
by this section.
(b) One director is elected by the voters of the entire
district. One director is elected from each county commissioners
precinct by the voters of that precinct.
(c) A person shall indicate on the application for a place
on the ballot:
(1) the precinct that the person seeks to represent;
or
(2) that the person seeks to represent the district at
large.
(d) When the boundaries of the county commissioners
precincts are changed, each director in office on the effective
date of the change or elected to a term of office beginning on or
after the effective date of the change serves in the precinct to
which the director was elected for the entire term to which the
director was elected, even though the change in boundaries places
the person's residence outside the precinct for which the person
was elected. (Acts 77th Leg., R.S., Ch. 966, Secs. 3.0406(a), (b),
(d), (e); Acts 77th Leg., R.S., Ch. 1328, Secs. 6(a), (b), (d).)
Sec. 8848.053. ELECTION DATE. On the uniform election date
in May of each even-numbered year, the appropriate number of
directors shall be elected. (Acts 77th Leg., R.S., Ch. 966, Sec.
3.0408(b); Acts 77th Leg., R.S., Ch. 1328, Sec. 8(b).)
Sec. 8848.054. ELIGIBILITY. (a) To be eligible to be a
candidate for or to serve as director at large, a person must be a
registered voter in the district.
(b) To be eligible to be a candidate for or to serve as
director from a county commissioners precinct, a person must be a
registered voter of that precinct, except as provided by Section
8848.052(d). (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0406(c); Acts
77th Leg., R.S., Ch. 1328, Sec. 6(c); New.)
Sec. 8848.055. COMPENSATION. A director is not entitled to
fees of office. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0405 (part);
Acts 77th Leg., R.S., Ch. 1328, Sec. 5 (part).)
[Sections 8848.056-8848.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8848.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. The district has the rights, powers, privileges,
functions, and duties provided by the general law of this state,
including Chapter 36, Water Code, applicable to groundwater
conservation districts created under Section 59, Article XVI, Texas
Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0403 (part);
Acts 77th Leg., R.S., Ch. 1328, Sec. 3(a) (part).)
[Sections 8848.102-8848.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8848.151. LIMITATION ON TAX RATE FOR DEBT. The
district may impose an ad valorem tax at a rate not to exceed 20
cents for each $100 of assessed valuation to pay any part of the
bonds or notes issued by the district if a majority of the voters
approve:
(1) the authority to impose the tax at the
confirmation election; or
(2) that authority at a separate election called for
that purpose by the board. (Acts 77th Leg., R.S., Ch. 966, Sec.
3.0409; Acts 77th Leg., R.S., Ch. 1328, Sec. 9.)
CHAPTER 8849. LOST PINES GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8849.001. DEFINITIONS
Sec. 8849.002. NATURE OF DISTRICT
Sec. 8849.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8849.004. DISTRICT TERRITORY
[Sections 8849.005-8849.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8849.051. COMPOSITION OF BOARD; TERMS
Sec. 8849.052. APPOINTMENT OF DIRECTORS
Sec. 8849.053. BOARD VACANCY
Sec. 8849.054. EXPENSES
[Sections 8849.055-8849.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8849.101. GROUNDWATER CONSERVATION DISTRICT
POWERS AND DUTIES
Sec. 8849.102. AUTHORITY TO EXEMPT CERTAIN WELLS FROM
REGULATION
Sec. 8849.103. GROUNDWATER WELLS UNDER JURISDICTION OF
RAILROAD COMMISSION
Sec. 8849.104. MEMBERSHIP ON CENTRAL CARRIZO-WILCOX
COORDINATING COUNCIL
Sec. 8849.105. MANAGEMENT PLAN
Sec. 8849.106. REGIONAL COOPERATION
[Sections 8849.107-8849.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8849.151. PUMPING FEES
Sec. 8849.152. TAXES PROHIBITED
CHAPTER 8849. LOST PINES GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8849.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Lost Pines Groundwater
Conservation District. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3;
Acts 77th Leg., R.S., Ch. 966, Sec. 3.0502(1); Acts 77th Leg., R.S.,
Ch. 1323, Sec. 2(1); New.)
Sec. 8849.002. NATURE OF DISTRICT. The district is a
groundwater conservation district created under and essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part),
(c).)
Sec. 8849.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.)
Sec. 8849.004. DISTRICT TERRITORY. The district's
boundaries are coextensive with the boundaries of Bastrop and Lee
Counties unless the district's territory has been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law. (Acts 76th Leg., R.S., Ch. 1331, Sec.
2(a) (part); Acts 77th Leg., R.S., Ch. 966, Sec. 3.0503; Acts 77th
Leg., R.S., Ch. 1323, Sec. 3; New.)
[Sections 8849.005-8849.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8849.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of 10 directors.
(b) Directors serve staggered four-year terms. (Acts 77th
Leg., R.S., Ch. 966, Secs. 3.0506(a), (f); Acts 77th Leg., R.S., Ch.
1323, Secs. 7(a), (f).)
Sec. 8849.052. APPOINTMENT OF DIRECTORS. (a) Five
directors are appointed from Bastrop County by the county judge of
Bastrop County and five directors are appointed from Lee County by
the county judge of Lee County.
(b) Every two years after the initial appointment of
directors, the appropriate number of directors shall be appointed.
(Acts 77th Leg., R.S., Ch. 966, Secs. 3.0506(b), (e); Acts 77th
Leg., R.S., Ch. 1323, Secs. 7(b), (e).)
Sec. 8849.053. BOARD VACANCY. If a vacancy occurs on the
board, the board may appoint a director to serve the remainder of
the term. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0506(j); Acts 77th
Leg., R.S., Ch. 1323, Sec. 7(j).)
Sec. 8849.054. EXPENSES. A director is entitled to
reimbursement for actual reasonable expenses incurred in
performing duties as a director. (Acts 77th Leg., R.S., Ch. 966,
Sec. 3.0506(k) (part); Acts 77th Leg., R.S., Ch. 1323, Sec. 7(k)
(part).)
[Sections 8849.055-8849.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8849.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. The district has the rights, powers, privileges,
functions, and duties provided by the general law of this state,
including Chapter 36, Water Code, applicable to groundwater
conservation districts created under Section 59, Article XVI, Texas
Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504(a)
(part); Acts 77th Leg., R.S., Ch. 1323, Sec. 4(a) (part).)
Sec. 8849.102. AUTHORITY TO EXEMPT CERTAIN WELLS FROM
REGULATION. The district may adopt a rule exempting a well that is
not capable of producing more than 50,000 gallons of groundwater a
day from a permit requirement, a fee, or a restriction on
production. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504(c); Acts
77th Leg., R.S., Ch. 1323, Sec. 4(e).)
Sec. 8849.103. GROUNDWATER WELLS UNDER JURISDICTION OF
RAILROAD COMMISSION. (a) In this section:
(1) "Public utility" means any person, corporation,
public utility, water supply or sewer service corporation,
municipality, political subdivision, or agency operating,
maintaining, or controlling facilities in this state for providing
potable water service for compensation.
(2) "Railroad commission" means the Railroad
Commission of Texas.
(b) A groundwater well drilled or operated in the district
under a permit issued by the railroad commission is under the
exclusive jurisdiction of the railroad commission and is exempt
from regulation by the district.
(c) Groundwater produced in an amount authorized by a
railroad commission permit may be used in or exported from the
district without a permit from the district.
(d) To the extent groundwater production exceeds railroad
commission authorization, the holder of the railroad commission
permit:
(1) shall apply to the district for the appropriate
permit for the excess production; and
(2) is subject to the applicable regulatory fees.
(e) Groundwater produced from a well under the jurisdiction
of the railroad commission is generally exempt from water district
fees. However, the district may impose a pumping fee or an export
fee on groundwater produced from an otherwise exempt mine well that
is used for municipal purposes or by a public utility. A fee
imposed by the district under this subsection may not exceed the fee
imposed on other groundwater producers in the district. (Acts 77th
Leg., R.S., Ch. 966, Secs. 3.0502(2), 3.0505; Acts 77th Leg., R.S.,
Ch. 1323, Secs. 2(2), 5; New.)
Sec. 8849.104. MEMBERSHIP ON CENTRAL CARRIZO-WILCOX
COORDINATING COUNCIL. The district is a member of the Central
Carrizo-Wilcox Coordinating Council. (Acts 77th Leg., R.S., Ch.
1323, Sec. 10.)
Sec. 8849.105. MANAGEMENT PLAN. The district shall develop
or contract to develop a district management plan under Section
36.1071, Water Code, and submit the plan to the Central
Carrizo-Wilcox Coordinating Council to be included in the
management plan developed by the council. (Acts 77th Leg., R.S.,
Ch. 1323, Sec. 11.)
Sec. 8849.106. REGIONAL COOPERATION. The district shall:
(1) adopt a management plan detailing proposed efforts
of the district to cooperate with other groundwater conservation
districts;
(2) participate as needed in coordination meetings
with adjacent groundwater conservation districts that share one or
more aquifers with the district;
(3) coordinate the collection of data with adjacent
groundwater conservation districts in such a way as to achieve
relative uniformity of data type and quality;
(4) provide groundwater level information to adjacent
groundwater conservation districts;
(5) investigate any groundwater pollution to identify
the pollution's source;
(6) notify adjacent groundwater conservation
districts and all appropriate agencies of any groundwater pollution
detected and the source of the pollution identified;
(7) provide to adjacent groundwater conservation
districts annually an inventory of water wells in the district and
an estimate of groundwater production in the district; and
(8) include adjacent groundwater conservation
districts on mailing lists for district newsletters and information
regarding seminars, public education events, news articles, and
field days. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0508.)
[Sections 8849.107-8849.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8849.151. PUMPING FEES. (a) The district may assess
regulatory pumping fees for water produced in or exported from the
district.
(b) The regulatory pumping fees the district assesses for
water for crop or livestock production or other agricultural uses
may not exceed 20 percent of the rate applied to water for municipal
uses.
(c) Regulatory pumping fees based on the amount of water
withdrawn from a well may not exceed:
(1) $1 for each acre-foot for water used to irrigate
agricultural crops; or
(2) 17 cents for each thousand gallons for water used
for any other purpose.
(d) Combined regulatory pumping fees for production and
export of water may not exceed 17 cents for each thousand gallons
for water used. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504(b)
(part); Acts 77th Leg., R.S., Ch. 1323, Secs. 4(c) (part), (d).)
Sec. 8849.152. TAXES PROHIBITED. The district may not
impose a tax. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504(b)
(part); Acts 77th Leg., R.S., Ch. 1323, Sec. 4(c) (part).)
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Section 1, Chapter 310, Acts of the 59th
Legislature, Regular Session, 1965, is amended to read as follows:
Sec. 1. The [Pursuant to authority granted by the
provisions of Section 9 of Article IX of the Constitution of the
State of Texas, Cuero Hospital District of] DeWitt Medical District
[County, Texas, is hereby authorized to be created in DeWitt
County, Texas, and as created] shall have the following boundaries:
BEGINNING at the most southerly corner of DeWitt County,
Texas, on the north bank of the Fifteen Mile Colletto Creek;
THENCE, in a generally northwesterly direction up said north
bank of said creek and its meanders to another corner of DeWitt
County on the south line of the P. C. Ragsdale Survey, A-414;
THENCE, in an easterly direction in a straight line to the
west corner of the James Kelly Survey, A-285, same being the south
corner of the David Oaks Survey, A-374;
THENCE, in a northwesterly direction with the southwest line
of said Oaks Survey to its southwest corner, same also being an
interior corner of the John T. Tinsley League, A-455;
THENCE, in a northeasterly direction along the southeast line
of said Tinsley League to its intersection with the centerline of
the Twelve Mile Colletto Creek;
THENCE, in a generally northwesterly direction up the
centerline of said creek with its meanders to its intersection with
the northeast line of the G. H. Woods Survey, A-482;
THENCE, in a southeasterly direction along said northeast
line of said Woods Survey to its northeast corner, same being on the
south line of the W. H. Stubblefield Survey, A-425;
THENCE, continuing in a southeasterly direction along said
south line of said Stubblefield Survey to its southeast corner;
THENCE, in a northerly direction along the east line of said
StubbIefield Survey and continuing in the same direction along an
east boundary line of the James Foster Survey, A-176, to an interior
corner of said Foster Survey;
THENCE, in an easterly direction along a south line of said
Foster Survey, same being a north line of the Otto Von Roeder
Survey, to an east corner of said Foster Survey and an interior
corner of said Von Roeder Survey;
THENCE, in a northerly direction along an east line of said
Foster Survey to an interior corner of said Foster Survey;
THENCE, in an easterly direction along a south line of said
Foster Survey to an interior corner of the James Kelly Survey,
A-282;
THENCE, in a northerly direction along an east line of said
Foster Survey, same being a west line of said Kelly Survey, to the
most northerly west corner of said Kelly Survey on the south line of
the Campbell Taylor Survey, A-459;
THENCE, in a westerly direction along said south line of said
Taylor Survey to its southwest corner;
THENCE, in a northerly direction along the west line of said
Taylor Survey to the most northerly east corner of said Foster
Survey;
THENCE, in a northwesterly direction along the most northerly
north line of said Foster Survey to its most northerly corner;
THENCE, in a northerly direction along the east line of the
Indianola Railroad Company Survey Section No. 5, A-248, to its
northeast corner;
THENCE, in a westerly direction along the most northerly
north line of said Indianola Railroad Survey Section No. 5 to its
most northerly northwest corner on the east line of the James C.
Davis Survey, A-148;
THENCE, in a northerly direction along said east line of said
Davis Survey to its northeast corner;
THENCE, in a westerly direction along the north line of said
Davis Survey to the southeast corner of the Wiley W. Hunter Survey,
A-216;
THENCE, in a northerly direction along the east line of said
Hunter Survey to its northeast corner on the south line of the John
S. Stump Survey, A-430;
THENCE, in a westerly direction along said south line of said
Stump Survey to its southwest corner, same being the most southerly
east corner of the W. S. Lyell Survey, A-311;
THENCE, in a westerly direction along the most southerly
south line of said Lyell Survey to its most southerly southwest
corner;
THENCE, in a northerly direction along the most westerly west
line of said Lyell Survey to the most southerly east corner of the
W. W. Hunter Survey;
THENCE, in a westerly direction along the most southerly
south line of said W. W. Hunter Survey to its most westerly
southwest corner, same being on the southeast line of the William
Eastland Survey, A-174;
THENCE, in a northeasterly direction along said southeast
line of said Eastland Survey to its northeast corner;
THENCE, in a northwesterly direction along said northeast
line of said Eastland Survey and the northeast line of the N.
Whitehead Survey, A-489, to the north corner of said Whitehead
Survey;
THENCE, in a southwesterly direction along the northwest line
of said Whitehead Survey to the south corner of the J. D. Morris
Survey, same being a northeast corner of the John E. Ross Survey,
A-403;
THENCE, in a northwesterly direction along the southwest
lines of said Morris Survey, the Daniel E. Benton Survey, A-67, and
the William Robertson Survey, A-401, and the northeast lines of
said Ross Survey and the Isaac Baker Survey, A-89, to an
intersection with the DeWitt-Gonzales County Line;
THENCE, in a northeasterly direction along said
DeWitt-Gonzales County Line to its intersection with the east line
of the Daniel Davis Survey, A-12 and the west line of the Simeon
Bateman Survey, A-4;
THENCE, in a southeasterly direction along the east line of
the said Davis Survey to its intersection with the centerline of the
Guadalupe River;
THENCE, in a generally southerly direction downstream with
said centerline of said Guadalupe River and its meanders to its
intersection with the westerly projection of the northeast line of
the John McCoy League, A-30;
THENCE, in an easterly direction with said projection of said
northeast line of the McCoy League to the northwest corner of the
said McCoy League;
THENCE, in an easterly direction along the north line of said
McCoy League to its northeast corner, same being an interior corner
of the J. D. Clements League, A-10;
THENCE, southerly along the east line of the said McCoy
League and along a west line of the said Clements League to the
northwest corner of the Mrs. 0. S. Brown 150 acres tract;
THENCE, in an easterly direction parallel to the south line
of the said Clements League and along the northerly line of the Mrs.
0. S. Brown, Walter Voegel and G. S. Baylor tracts to the east line
of the said Clements League and the west line of the James Swindle
Survey, A-416;
THENCE, southerly along said west line of the Swindle Survey
to its southwest corner;
THENCE, in an easterly direction along the south line of the
said Swindle Survey to the northeast corner of the W. W. McCormick
185 acres tract;
THENCE, southerly along the east line of the said McCormick
tract; to the southeast corner of said McCormick tract;
THENCE, westerly along the south line of the said McCormick
tract to the northeast corner of a 100 acres tract (C. G. Huatt 100
acres tract) formerly owned by Dick Frels;
THENCE, southerly along the east line of said 100 acres tract
to its southeast corner on the north line of the Joseph Edgar
Survey, A-168;
THENCE, westerly along said north line of the Edgar Survey to
the northeast corner of the J. B. Milligan 160 acres tract;
THENCE, in a southerly direction along the most easterly east
line of said Milligan tract to the most northerly southeast corner
of said tract;
THENCE, in a southwesterly direction along an east or
southeast line of said Milligan tract to the most southerly
southeast corner of said tract;
THENCE, in a westerly direction along the south line of said
Milligan tract to its southwest corner on the west line of said
Edgar Survey;
THENCE, southerly along said west line of the Edgar Survey to
its southwest corner on the east line of the K. W. Barton Survey,
A-3, and at the most northerly northwest corner of the Isham G.
Belcher Survey, A-68;
THENCE, easterly along the north line of said Belcher Survey
to its east or northeast corner in the south line of the S. R.
Roberts Survey, A-400;
THENCE, southerly along the east line of said Belcher Survey
to its southeast corner at a corner of the W. S. Townsend Survey,
A-453;
THENCE, westerly along the south line of said Belcher Survey
to the northeest corner of the Nicholas McNutt Survey, A-327;
THENCE, southerly along the east line of the said McNutt
Survey and along the west line of the Benjamin Payne Survey, A-378,
to the southwest corner of said Payne Survey at an interior corner
of the S. A. and M. G. Railroad Survey No. 11, A-449;
THENCE, easterly along the south line of said Payne Survey
and the north line of said S. A. and M. G. Railroad Survey to the
most easterly northeast corner of said S. A. and M. G. Railroad
Survey at an interior corner of the C. D. Mixon Survey, A-354;
THENCE, southerly or southwesterly along a west line of said
Mixon Survey and along an east line of the said S. A. and M. G.
Railroad Survey to the west corner of the said Mixon Survey and the
north corner of the William Norvall Survey, A-371;
THENCE, easterly or southeasterly along the north line of
said Norvall Survey, the south line of the said Mixon Survey, and
the south line of the S. A. Rogers Survey, A-412 to the south corner
of said Rogers Survey at an interior corner of the William S.
Townsend Survey, A-457;
THENCE, northerly or northeasterly along the southeast line
of said Rogers Survey to the north corner of said Townsend Survey;
THENCE, southeasterly along an east line of said Townsend
Survey to the south corner of the Abednego Biddy Survey, A-63;
THENCE, easterly or northeasterly along the south line of
said Biddy Survey to the west corner of the John Graham Survey,
A-193;
THENCE, southeasterly along the west line of said Graham
Survey to its south corner and an interior corner of said Townsend
Survey;
THENCE, easterly or northeasterly along the southeast line of
said Graham Survey to its east corner and the most easterly
northeast corner of said Townsend Survey;
THENCE, southeasterly along the most easterly east line of
said Townsend Survey to its most easterly corner and the south or
southwest corner of the J. G. Swisher Survey, A-421;
THENCE, southwesterly along a south line of said Townsend
Survey to the west corner of the Berry Doolittle Survey, A-154;
THENCE, southeasterly along the west line of said Doolittle
Survey to its southwest corner on the north line of the T. & N. 0.
Railroad Survey No. 1, A-550;
THENCE, northeasterly along said north line of the T. & N. 0.
Railroad Survey No. 1 to the most northerly corner of said Survey
No. 1;
THENCE, southeasterly along an east line of said Survey No. 1
and the west line of the M. H. Granberry Survey, A-208, to south
corner of said Granberry Survey;
THENCE, northeasterly along the south line of said Granberry
Survey to the west or northwest corner of the T. C. Fort Survey,
A-185;
THENCE, southeasterly along the west line of said Fort Survey
to its south or southwest corner on the north line of the J. W.
Boothe Survey;
THENCE, southwesterly along the north line of said Boothe
Survey to its west corner;
THENCE, southeasterly along the west line of said Boothe
Survey and along the west line of the Jesse E. Nash Survey, A-368,
to its south or southwest corner;
THENCE, easterly or northeasterly along the south line of
said Nash Survey to the west or northwest corner of the Manuel
Manchaca Survey, A-334;
THENCE, southeasterly along the west line of said Manchaca
Survey and along the east line of the E. Escamea Survey, A-690, to
the southeast corner of said Escamea Survey;
THENCE, easterly along the northeast line of the W. H. Crain
Survey, A-637 (T. & N. 0. R. R. Survey #10) to the most northerly
east corner of said Crain Survey on the north line of the T. J.
Thigpen Survey, A-614;
THENCE, southwesterly along said north line of the Thigpen
Survey to its west or northwest corner;
THENCE, southeasterly along the west line of said Thigpen
Survey to an intermediate east corner of said W. H. Crain Survey;
THENCE, southerly along the east line of said Crain Survey to
its southeast corner;
THENCE, westerly along the south line of said Crain Survey to
the northeast corner of the T. & N. 0. Railroad Survey No. 11;
THENCE, southerly along the east line of said T. & N. 0.
Survey No. 11 to its intersection with the DeWitt-Victoria County
line;
THENCE, in a westerly or southwesterly direction along the
said DeWitt-Victoria County line to the most southerly corner of
DeWitt County on the north bank of the Fifteen Mile Colletto Creek,
the PLACE OF BEGINNING.
[The Legislature hereby finds that the foregoing boundaries
and field notes of said District form a closure, and, if any mistake
is made in copying the field notes in the legislative process, such
mistake shall not affect the organization, existence or validity of
the District or its right to issue bonds or refunding bonds, and the
right to assess, levy and collect taxes, or in any other manner
affect the legality or operation of the District.]
SECTION 2.02. Section 2a, Chapter 477, Acts of the 59th
Legislature, Regular Session, 1965, is amended to read as follows:
Sec. 2a. The boundaries of the Muenster Hospital District
are [may be changed so as to include the territory located in Cooke
County, Texas, described below, and if such change in boundaries is
effected, the District as enlarged shall assume and be obligated to
pay all indebtedness of the District as the same exists prior to
such expansion of boundaries within the taxing limit approved at
the election for which provision is hereafter made, and the
District shall continue to have the same duties and
responsibilities, over its extended boundaries, as now imposed,
except as modified by this Act. The territory which may be added to
the District is described as follows:
[FIELD NOTES TO THE ADDITION TO MUENSTER HOSPITAL DISTRICT
[Being an irregular shaped district or area of land that is
situated in the Southwest part of Cooke County, Texas, with the West
and South boundary lines of said district being common with the West
and South lines of said Cooke County and being more particularly
described by bounds as follows:
["Beginning at the Southwest corner of Cooke County, Texas;
[Thence East, with the South line of said Cooke County to the
intersection of said county line with the West line of the C. De
Morse Survey, Abstract No. 305;
[Thence North, with the West line of said C. De Morse Survey
to the intersection of said Survey line with the South boundary line
of the H. Lindsley 51 acre tract of land;
[Thence East, with the South boundary line of said H.
Lindsley 51 acre tract, passing the Southeast corner of said tract
and continuing East to a point due South of the South or Southeast
corner of the W. E. Fortenberry 67.5 acre tract of land;
[Thence North, along a line, passing the South or Southeast
corner of said Fortenberry 67.5 acre tract and continuing North,
now with the East line of said 67.5 acre tract to its Northeast
corner on the North line of said C. De Morse Survey, common with the
South line of the W. M. Phelps Survey, Abstract No. 821;
[Thence East, with the South line of said W. M. Phelps Survey
to its Southeast corner being common with the Southwest corner of
the J. Harrison Survey, Abstract No. 125;
[Thence North, with the West line of said J. Harrison Survey,
Abstract No. 125, passing the Northwest corner of said Harrison
Survey and continuing North to a point in the South line of the P. P.
Cady Survey, Abstract No. 1239;
[Thence East, with the South line of said P. P. Cady Survey,
passing the Southeast corner of said Survey and continuing East to
the center of the Sam Seagraves Road;
[Thence North, with the center of said Sam Seagraves Road to a
point in the South line of the J. W. Dihill Survey, Abstract No.
1049;
[Thence West, with the South line of said Dihill Survey being
common with the North lines of the D. M. Gray Survey, Abstract No.
415 and the M. Sowder Survey, Abstract No. 1579, to the Northwest
corner of said Sowder Survey;
[Thence South, with the West line of said M. Sowder Survey, to
the Northeast corner of the P. P. Cady Survey, Abstract No. 1239;
[Thence West, with the North lines of said P. P. Cady Survey
and W. M. Phelps Survey, Abstract No. 821, to the most
Northerly-Northwest corner of said Phelps Survey on the East line
of the W. F. Evans Survey, Abstract No. 347;
[Thence North, with the East line of said W. F. Evans Survey,
to the Southerly-Northeast corner of said Survey, being common with
an inner corner to the P. O. Pittman Survey, Abstract No. 1211;
[Thence West, continuing with the East line of said W. F.
Evans Survey, in a jog to the West, to the inner corner to said Evans
Survey, being common with the Westerly-Southwest corner of said P.
O. Pittman Survey, Abstract No. 1211;
[Thence North, continuing with the East line of said W. F.
Evans Survey, to its Northerly-Northeast corner;
[Thence West, with the North line of said W. F. Evans Survey,
to its Northwest corner;
[Thence South, with the West line of said W. F. Evans Survey,
to the most Northerly-Northeast corner of the S. A. & M. G. R. R. Co.
Survey, Abstract No. 1218;
[Thence West, with the North line of said S. A. & M. G. R. R.
Co. Survey, to the Northwest corner of said Survey being common with
the Southwest corner of the I & G. N. R. R. Co. Survey, Abstract No.
1265;
[Thence North, with the West lines of the I & G. N. R. R. Co.
Survey, Abstract No. 1265, the I. W. Emory Survey, Abstract No. 1700
and the J. W. Francis Survey, Abstract No. 375, to the Northwest
corner of said J. W. Francis Survey, common with the Northeast
corner of the S. P. R. R. Co. Survey, Abstract No. 983 on the South
line of the L. Finley Survey, Abstract No. 378;
[Thence East, with the division line between said L. Finley
and J. W. Francis Surveys, to the Southeast corner of said L. Finley
Survey;
[Thence North, with the East line of said L. Finley Survey to
its Northeast corner on the South line of the L. A. English Survey,
Abstract No. 1568;
[Thence West, with the South line of said L. A. English
Survey, common with the South boundary line of the F. W. Fishcer
tract of land, to the Southwest corner of said Fishcer tract;
[Thence North, with the West boundary line of said F. W.
Fishcer tract of land, to a point in the center of Farm to Market
Highway No. 922;
[Thence East, with the center of said Farm to Market Highway
No. 922, to the Northeast corner of the J. Hagerty Survey, Abstract
No. 508;
[Thence South, with the East line of said J. Hagerty Survey,
to its Southeast corner on the North line of the E. Southward
Survey, Abstract No. 927;
[Thence West, with the division line between said J. Hagerty
and E. Southward Surveys, to the Northwest corner of said E.
Southward Survey;
[Thence South, with the West line of said E. Southward Survey
to its Southwest corner;
[Thence East, with the South line of said E. Southward
Survey, to a point in the center of the Sam Seagraves Road;
[Thence North, with the center of said Sam Seagraves Road, to
the intersection of said Road with the center of Farm to Market
Highway No. 922;
[Thence East, with the center of said Farm to Market Highway
No. 922, to the intersection of said Highway with the center of the
Arthur Reese Road;
[Thence North, with the center of said Arthur Reese Road, to
the intersection of said Road with the center of Farm to Market
Highway No. 1630;
[Thence in a Northeasterly direction, with the center of said
Farm to Market Highway No. 1630 to the intersection of said Highway
with the center of the J. T. Biffle Road;
[Thence North, with the meandering of said J. T. Biffle Road
to the Southwest corner of the H. Felderhoff 160 acre tract that is
situated in the W. Thomas Survey, Abstract No. 1025 and continuing
North, now with the West boundary line of said H. Felderhoff 160
acre tract to the Northwest corner of said 160 acre tract on the
North line of said W. Thomas Survey;
[Thence East, with the North line of said W. Thomas Survey to
its Northeast corner on the West line of the R. E. Shannon Survey,
Abstract No. 963;
[Thence North, with the West line of said R. E. Shannon Survey
to its Northwest corner;
[Thence East, with the North line of said R. E. Shannon Survey
to its Northeast corner, being common with the Southwest corner of
the A. H. Van Slyke Survey, Abstract No. 1076;
[Thence North, with the West line of said A. H. Van Slyke
Survey to the center of the abandoned M. K. & T. R. R. Co.
Right-of-way;
[Thence in a Westerly direction with the center of the
abandoned M. K. & T. R. R. Co. Right-of-way to the West line of the
A. J. Miller Survey, Abstract No. 635;
[Thence North, with the West line of said A. J. Miller Survey
to its Northwest corner on the South line of the M. University
Survey, Abstract No. 619;
[Thence West, with the South line of said M. University
Survey to its Southwest corner on the East line of the John Barnett
Survey, Abstract No. 42;
[Thence North, with the East line of said John Barnett Survey
to its Northeast corner;
[Thence West with the North line of said Barnett Survey, 4043
varas to the Northwest corner of Sub. No. 5 made by Gunter and
Welleslet as shown by plat in the County Clerk's Office of Cooke
County, Texas;
[Thence South along the West boundary lines of Sub's Nos. 5,
13, and 21 made by said Gunter and Welleslet, 3315 varas to the
Southwest corner of said Sub. No. 21 on the South line of said John
Barnett Survey;
[Thence West on the South line of said Barnett Survey, 404
varas to the Northwest corner of 153 acre tract out of the Wm.
Slingland Survey, Abstract No. 897 conveyed to John Knauff by deed
recorded in Book 76 page 328 of the Cooke County Deed Records, (now
owned by Wm. Henschied);
[Thence South 1200 varas to the Southwest corner of said
Knauff (or Henschied) 153 acre tract, to the corner on the East line
of the Reuben R. Brown Survey, and West line of the Wm. Slingland
Survey;
[Thence West through and across said Reuben R. Brown Survey,
1900 varas to the West line of said Survey and the East line of the
D. H. Campbell Survey, Abstract No. 196;
[Thence South with the West line of the Reuben R. Brown
Survey, 370 varas to the Northwest corner of the Cyrus Underwood
Survey, Abstract No. 1072;
[Thence South with its West line, passing its Southwest
corner and continue South to the Southeast corner of the Cooke
County School Land Survey, Abstract No. 1188, which is also an inner
corner of the J. L. Townsley Survey, Abstract No. 1551;
[Thence West to the Northwest corner of said Townsley Survey,
on the South line of said Cooke County School Land Survey, Abstract
No. 1188;
[Thence South to the Southwest corner of said Townsley
Survey, on the North line of the BBB & CRR Co. Survey, Abstract No.
146;
[Thence East with the Northbound line of said BBB & CRR Co.
Survey, to a point 950 varas East of the Northwest corner of same;
[Thence South 1900 varas to the South line of said BBB & CRR
Co. Survey to the center of the Gainesville and Forestburg Road same
being Farm to Market Highway No. 1630;
[Thence Westerly with said road to the Northeast corner of
the R. L. Hickox 100 acre tract out of the Northwest corner of the
Thomas Toby Survey, Abstract No. 1062;
[Thence South with the East line of said Hickox 100 acre
tract, continuing South with the East line of the B. J. Mitchell 208
acre tract out of said Toby Survey to the South line of said Toby
Survey;
[Thence West with the South line of said Toby Survey to the
Northeast corner of the BBB & CRR Co. Survey, Abstract No. 147;
[Thence South with the East line of said BBB & CRR Co. Survey
to the Southeast corner of the B. J. Mitchell 206 acre tract out of
said BBB & CRR Co. Survey;
[Thence West with the South boundary line of said Mitchell
206 acre tract to the West line of said BBB & CRR Co. Survey,
Abstract No. 147;
[Thence South with the West line of said BBB & CRR Co. Survey
to the Southeast corner of the John Stump Survey, Abstract No. 1497;
[Thence West with the South line of said Stump Survey,
continuing West with the South line of the A. Stutzman Survey,
Abstract No. 1444 to the Southwest corner of the said Stutzman
Survey, same being the Southeast corner of the BBB & CRR Co. Survey,
Abstract No. 150;
[Thence West with the South line of said BBB & CRR Co. Survey,
Abstract No. 150 to the Northwest corner of the J. M. Williamson
Survey, Abstract No. 1107, said corner being a corner of the Felty
282 acre tract;
[Thence in a Southwesterly direction following the West line
of the said 282 acre tract conveyed by J. A. Felty to R. M. Felty by
deed recorded in Book 118, page 343 of Cooke County Deed Records to
Williams Creek;
[Thence down Williams Creek to the South line of Charles
Lockhart Survey, Abstract No. 606;
[Thence West with the South line of said Lockhart Survey to
its Southwest corner;
[Thence North with the West line of said Lockhart Survey to
its Northwest corner on the South line of the J. J. Arocha Survey,
Abstract No. 22;
[Thence West on the South line of said Arocha Survey to its
Southwest corner;
[Thence North with the West line of said Arocha Survey to its
Northwest corner on the South line of the BBB & CRR Co. Survey,
Abstract No. 150;
[Thence West with the South line of said BBB & CRR Co. Survey,
passing its Southwest corner and continuing West with the South
line of the J. M. Culp Survey, Abstract No. 1350 to the Southwest
corner of said Culp Survey;
[Thence North with the West line of said Culp Survey to a
point due East of the Southeast corner of the J. A. Moore Survey,
Abstract No. 759;
[Thence West passing the Southeast corner of said Moore
Survey, continuing West with the South line of said Moore Survey to
the Northwest corner of I. & G. N. R. R. Co. Survey, Abstract No.
1264;
[Thence South to its Southwest corner, which is common with
the Southeast corner of the D. W. Donnel Survey, Abstract No. 1477;
[Thence West with the South line of said Donnel Survey to its
Southwest corner on the East line of the S. P. R. R. Co. Survey,
Abstract No. 984;
[Thence Southeasterly with the Northeast line of said S. P.
R. R. Co. Survey, Abstract No. 984 to the Southeast corner of said
Survey;
[Thence in a Southwesterly direction with the South line of
said SPRR Co. Survey to the extreme Southeast corner of the T. B.
Settle tract out of said SPRR Co. Survey;
[Thence in a Northwesterly direction with the East line of
the Settles tract to the Southern Northeast corner of said tract;
[Thence in a Southwesterly direction with Settles line to his
ell corner, passing this corner and continuing Southwesterly to the
Southwest line of said SPRR Co. Survey, which is also the Northeast
line of the Jacob Wilcox Survey, Abstract No. 1162;
[Thence in a Northwesterly direction with said SPRR Co.
Survey Southwestern line to the Southeast corner of the L. A.
Wineblood 80 acre tract out of the Jacob Wilcox Survey, Abstract No.
1162;
[Thence Southwesterly with the South boundary line of said
Wineblood 80 acres to its Southwest corner, said corner being the
Southeast corner of the T. B. Settles 80 acre tract out of the said
Jacob Wilcox Survey;
[Thence Northwesterly with the East boundary line of said
Settles 80 acre tract to the South boundary line of the E. M.
Roberson 150 acre tract out of the said Jacob Wilcox Survey;
[Thence Southwesterly with the South boundary line of said
Roberson 150 acres to its Southwest corner on the Southwestern line
of said Wilcox Survey;
[Thence Northwesterly with said Southwestern line to the
Northwest corner of the said Wilcox Survey, an ell corner of the
John Deck Survey, Abstract No. 298, said corner being on the
Southeast boundary line of the Huchton 271 acres out of said Deck
Survey;
[Thence Southwesterly with said Southeastern boundary line
of said Huchton tract to the county line between Cooke and Montague
Counties;
[Thence South, with the county line between Cooke and
Montague Counties to the Southwest corner of said Cooke County, to
the Place of Beginning."
[In the event the change in boundaries of said District is
approved at an election as hereinafter provided, the boundaries of
the Muenster Hospital District shall be] as follows:
FIELD NOTES TO THE MUENSTER HOSPITAL DISTRICT (EXPANDED)
Being an irregular shaped district or area of land that is
situated in the West part of Cooke County, Texas, with the South,
West and North boundaries being common with the South, West and
North lines of said Cooke County and being more particularly
described by bounds as follows:
Beginning at the Southwest corner of Cooke County, Texas;
Thence North, with the county line between Cooke and Montague
Counties to the Northwest corner of said Cooke County on the South
cut bank of Red River, common with the boundary line between Texas
and Oklahoma;
Thence East and Northeast with the meanderings of Red River
to a point due North of the Northeast corner of the W. H. Nordman
Survey, Abstract No. 1306;
Thence South to said corner of the Nordman Survey;
Thence South with the East line of said Nordman Survey to the
Northwest corner of the BBB & CRR Co. Survey, Abstract No. 139;
Thence East with the North line of said BBB & CRR Co. Survey
to its Northeast corner;
Thence South with the East line of said BBB & CRR Co. Survey
and West boundary line of a 260 acre tract out of the H. T. & BRR Co.
Survey, Abstract No. 498 conveyed to T. A. Galbrath by J. A.
Cunningham by deed dated August 18, 1910 and recorded in Volume 105,
page 534, Cooke County Deed Records, to the most Southerly
Southwest corner of said Galbrath 260 acre tract;
Thence East with the South line of said Galbrath 260 acre
tract to its Southeast corner on the West boundary line of the J. D.
Burch Survey, Abstract No. 1723;
Thence South with the West line of said Burch Survey to the
Southwest corner thereof;
Thence East with the South line of said Burch Survey to the
Northwest corner of the Lewis Knight Survey, Abstract No. 548;
Thence South with the West line of said Knight Survey to its
Southwest corner;
Thence East with the South line of said Knight Survey to the
Northwest corner of the J. D. Sharum Survey, Abstract No. 960;
Thence South with the West line of said Sharum Survey to its
Southwest corner;
Thence East to the Northeast corner of the Jacob Long Survey,
Abstract No. 583;
Thence South with the East line of said Jacob Long Survey,
Abstract No. 583, and the West line of the Jacob Long Survey,
Abstract No. 582 to the Southwest corner of said Jacob Long Survey,
Abstract No. 582;
Thence East and South with the boundary line to the Southeast
corner of said Jacob Long Survey, Abstract No. 582, this being on
the West line of D. Martin Survey, Abstract No. 653;
Thence South and East with this boundary line of the said
Martin Survey to the Northwest corner of the I. N. Brookfield
Survey, Abstract No. 1714;
Thence East with the North line of said Brookfield Survey to
the North Northeast corner of said Brookfield Survey on the West
line of the Wm. Martin Survey, Abstract No. 686;
Thence South to the Southwest corner of said Wm. Martin
Survey;
Thence East with the South line of said Martin Survey to its
Southeast corner on the North line of the J. E. Gilliam Survey,
Abstract No. 1486, same being an ell corner of said Gilliam Survey;
Thence North to the North Northwest corner of said Gilliam
Survey;
Thence East to the Northeast corner of said Gilliam Survey,
which is also the Northwest corner of the A. C. Miller Survey,
Abstract No. 1717, continuing East with the North line of said
Miller Survey to its Northeast corner on the West line of the Hiram
Sadler Survey, Abstract No. 901;
Thence North with the West line of said Sadler Survey to its
Northwest corner;
Thence East with the North line of said Sadler Survey to the
Northeast corner of the C. E. Marshall 100 acre tract out of the
Northwest corner of said Sadler Survey;
Thence South with the East line of said 100 acre tract to the
Northeast corner of the C. E. Marshall 435 acre tract out of said
Sadler Survey;
Thence continuing South with the East line of said 435 acre
tract to an inner corner thereof;
Thence East to the Southern Northeast corner of said 435 acre
tract;
Thence South with the East line of the 435 acre tract to its
Southeast corner;
Thence West with the South line of said 435 acres to the
Northeast corner of Lot No. 32 out of said Sadler Survey, which is
also the Northwest corner of Lot No. 33 out of said Survey;
Thence South with the West line of said Lot No. 33 to its
Southwest corner on the North line of Lot No. 29 out of said Survey;
Thence East with the North line of Lot No. 29 to its Northeast
Corner, which is also the Northwest corner of Lot No. 28;
Thence South with the West lines of Lots Nos. 28, 13 and 8 to
the Southwest corner of Lot No. 8 on the South line of said Sadler
Survey;
Thence East with the South line of Lot No. 8, passing its
Southeast corner, which is also the Southwest corner of Lot No. 7
out of said Sadler Survey, continuing East with the South line of
said Lot No. 7, to the Northeast corner of the SA & MGRR Co. Survey,
Abstract No. 974, on the South line of said Sadler Survey;
Thence South with the East line of said SA & MGRR Co. Survey
to its extreme Southeast corner on the East line of the B. C. Bagby
Survey, Abstract No. 82;
Thence South 10 degrees East with the East line of said Bagby
Survey to its Southeast corner, which corner is also the North
Northeast corner of the R. F. Millard Survey, Abstract No. 643 and
being common with the Northeast corner of the W. L. Parker 155 acre
tract;
Thence South to the ell corner of said Millard Survey, on the
East boundary line of said Parker 155 acre tract;
Thence continuing South with the East line of said 155 acre
tract to its Southeast corner;
Thence in a Southwesterly direction with the South line of
said 155 acre tract to the Northeast corner of the M. Charo Survey,
Abstract No. 214;
Thence in a Southeasterly direction with the East line of
said Charo Survey to its Southeast corner, which is also the
Northeast corner of the P. Fleming Survey, Abstract No. 386;
Thence in a Southwesterly direction with the North line of
said Fleming Survey to its Northwest corner on the East line of the
T. R. Gossett Survey, Abstract No. 416;
Thence North with the East line of said Gossett Survey to the
Northeast corner of the 105 acre tract sold by W. Kemplin to Tony
Voth, by deed recorded in Book 325, page 556 of Cooke County Deed
Records;
Thence West with the North line of said 105 acre tract to its
Northwest corner on the West line of said Gossett Survey;
Thence South with the West line of said Gossett Survey to its
Southwest corner, said corner being the Northwest corner of the O.
F. Leverett Survey, Abstract No. 563, and the Northeast corner of
the Kuykendall Survey, Abstract No. 560, continuing South with the
East line of said Kuykendall Survey to the Northeast corner of the
100 acre tract out of said Kuykendall Survey conveyed by J. C.
Hemphill and wife to George E. Hemphill by deed recorded in Book 66,
page 113 of Cooke County Deed Records, (which said 100 acres is now
owned by Mike Fuhrmann);
Thence West with the North line of said 100 acre tract to the
Northwest corner of said 100 acres, same being the Northeast corner
of the 83 acres conveyed by Christine Roewe to Jos. Fleitman, by
deed recorded in Book 254, page 495 of the Cooke County Deed
Records;
Thence South with the West line of said Fuhrmann 100 acres to
its Southwest corner on the South line of said Kuykendall Survey;
Thence West with the South line of said Kuykendall Survey to
the Northwest corner of the J. B. Trenary Survey, Abstract No. 1043;
Thence South with the West line of said Trenary Survey,
continuing South with the West line of the A. Smith Survey, Abstract
No. 903 to its Southwest corner;
Thence South to the Southwest corner of 218.32 acre tract out
of C. Jessup Survey, Abstract No. 522, same being that conveyed to
Ray Kupper from W. H. Campbell, recorded in Volume 443, page 570 of
Cooke County Deed Records;
Thence due East across the C. Jessup Survey, Abstract No. 522
to the West boundary line of M. Alexander Survey, Abstract No. 6;
Thence South with the West line of said Alexander Survey to
its Southwest corner which is also the Southeast corner of the J. Y.
Wadlington Survey, Abstract No. 1282;
Thence West with the South line of said Wadlington Survey to
the Northeast boundary line of the H. Jennings Survey, Abstract No.
531;
Thence Southeasterly with said Northeast line of said H.
Jennings Survey to its Southeast corner;
Thence West on the North line of the A. Van Slyke Survey,
Abstract No. 1076, continuing West with the North line of the A. Van
Slyke Survey, Abstract No. 1075 and the North line of the Marshall
University Survey, Abstract No. 620 to the Southwest corner of said
H. Jennings Survey, said corner being also the Southeast corner of
the J. Jennings Survey, Abstract No. 530;
Thence North 45 degrees West 1967 varas to the Northwest
corner of the J. J. Tomlinson Survey, Abstract No. 1009, said corner
being the Northeast corner of the G. E. N. Ball Survey, Abstract No.
1649;
Thence South 45 degrees West with the North line of said Ball
Survey to the Southeast corner of the H. Ritchey Survey, Abstract
No. 845, said corner being the Southwest corner of the William
Thomas Survey, Abstract No. 1024;
Thence North 45 degrees West with the West line of said Thomas
Survey to its Northwest corner, said corner being due East of the
Southeast corner of the O. F. Leverett Survey, Abstract No. 607 and
the Northeast corner of the John Barnett Survey, Abstract No. 42;
Thence due West to the Northeast corner of the John Barnett
Survey, Abstract No. 42;
Thence South, with the East line of said John Barnett Survey
to the Southwest corner of the M. University Survey, Abstract No.
619;
Thence East, with the South line of said M. University
Survey, to the Northwest corner of the A. J. Miller Survey, Abstract
No. 635;
Thence South, with the West line of said A. J. Miller Survey
to the center of the abandoned M. K. & T. R. R. Co. Right-of-way;
Thence in an Easterly direction with the center of the
abandoned M. K. & T. R. R. Co. Right-of-way, to the West line of the
A. H. Van Slyke Survey, Abstract No. 1076;
Thence South, with the West line of said A. H. Van Slyke
Survey to its Southwest corner, being common with the Northeast
corner of the R. E. Shannon Survey, Abstract No. 963;
Thence West, with the North line of said R. E. Shannon Survey
to its Northwest corner;
Thence South, with the West line of said R. E. Shannon Survey
to the Northeast corner of the W. Thomas Survey, Abstract No. 1025;
Thence West, with the North line of said W. Thomas Survey,
common with the North boundary line of the H. Felderhoff 160 acre
tract of land, to the Northwest corner of said 160 acre tract;
Thence South, with the West line of said H. Felderhoff 160
acre tract to its Southwest corner and continuing South, now with
the meandering of the center of the J. T. Biffle Road to the
intersection of said road with the center of Farm to Market Highway
No. 1630;
Thence Southeasterly, with the center of said Farm to Market
Highway No. 1630, to the intersection of said Highway with the
center of the Arthur Reese Road;
Thence South, with the center of the Arthur Reese Road to the
intersection of said Road with the center of Farm to Market Highway
No. 922;
Thence West, with the center of said Farm to Market Highway
No. 922, to the intersection of said Highway with the center of the
Sam Seagraves Road;
Thence South, with the center of said Sam Seagraves Road, to
the Southeast corner of the E. Southward Survey, Abstract No. 927;
Thence West, with the South line of said E. Southward Survey
to its Southwest corner;
Thence North, with the West line of said E. Southward Survey
to its Northwest corner on the South line of the J. Hagerty Survey,
Abstract No. 508;
Thence East, with the South line of said J. Hagerty Survey to
its Southeast corner;
Thence North, with the East line of said J. Hagerty Survey, to
a point in the center of Farm to Market Highway No. 922;
Thence West, with the center of Farm to Market Highway No.
922, to the Northwest corner of the F. W. Fishcer tract of land;
Thence South, with the West boundary line of said F. W.
Fishcer tract of land to its Southwest corner on the South line of
the L. A. English Survey, Abstract No. 1568;
Thence East, with the South line of said L. A. English Survey,
to the Northeast corner of the L. Finley Survey, Abstract No. 378;
Thence South, with the East line of said L. Finley Survey to
its Southeast corner on the North line of the J. W. Francis Survey,
Abstract No. 375;
Thence West, with the North line of said J. W. Francis Survey
to its Northwest corner, being common with the Northeast corner of
the S. P. R. R. Co. Survey, Abstract No. 983;
Thence South, with the East lines of said S. P. R. R. Co. and
M. Vance Surveys, Abstract No. 1077, to the Southwest corner of the
I. & G. N. R. R. Co. Survey, Abstract No. 1265;
Thence East, with the South line of said I. & G. N. R. R. Co.
Survey, Abstract No. 1265, to its Southeast corner on the West line
of the W. F. Evans Survey, Abstract No. 347;
Thence North, with the West line of said W. F. Evans Survey to
its Northwest corner;
Thence East, with the North line of said W. F. Evans Survey to
its Northeast corner;
Thence South, with the East line of said W. F. Evans Survey to
an inner corner to said Survey, being common with the most Westerly
Southwest corner of the P. O. Pittman Survey, Abstract No. 1211;
Thence East, with the division line between said W. F. Evans
and P. O. Pittman Surveys, to an inner corner of said Pittman
Survey;
Thence South, continuing with the South line of said P. O.
Pittman Survey, in a jog to the South, to the most
Northerly-Northwest corner of the W. M. Phelps Survey, Abstract No.
821;
Thence East, with the North lines of the W. M. Phelps and P.
P. Cady Surveys, to the Northeast corner of said P. P. Cady Survey,
Abstract No. 1239, on the West line of the M. Sowder Survey,
Abstract No. 1579;
Thence North, with the West line of said M. Sowder Survey to
its Northwest corner;
Thence East, with the North line of said M. Sowder Survey, to
a point in the center of the Sam Seagraves Road;
Thence South, with the center of the Sam Seagraves Road, to a
point due East of the Southeast corner of the P. P. Cady Survey,
Abstract No. 1239;
Thence West, along a line crossing the M. Sowder Survey,
Abstract No. 1579, passing the Southeast corner of said P. P. Cady
Survey and continuing West, now with the South line of said Cady
Survey, to the most Easterly-Northeast corner of the W. M. Phelps
Survey, Abstract No. 821;
Thence South, with the East line of said W. M. Phelps Survey
to its Southeast corner on the North line of the C. De Morse Survey,
Abstract No. 305;
Thence West, with the North line of said C. De Morse Survey,
to the Northeast corner of the W. E. Fortenberry 67.5 acre tract of
land;
Thence South, with the East boundary line of said W. E.
Fortenberry 67.5 acre tract and continuing South to a point due East
of the Southeast corner of the H. Lindsley 51 acre tract of land;
Thence West, passing the Southeast corner of said H. Lindsley
51 acre tract of land and continuing West, now with the South line
of said 51 acre tract to its intersection with the West line of the
C. De Morse Survey, Abstract No. 305;
Thence South, with the West line of said C. De Morse Survey,
to the intersection of said survey line with the county line between
Cooke and Denton Counties;
Thence West, with said county line between Cooke and Denton
Counties, passing the Northwest corner of said Denton County and
continuing West, now with the county line between Cooke and Wise
Counties to the Southwest corner of said Cooke County, to the Place
of Beginning.
[The change in the boundaries of the Muenster Hospital
District, as herein permitted, shall not be effective unless and
until such change is approved by a majority of the qualified
property taxpaying electors residing within the boundaries of the
area permitted to be annexed and by a majority of the qualified
property taxpaying electors residing within the boundaries of the
District as defined in Section 1(b) of the Act, voting at an
election called for that purpose. The election shall be called by
the Board of Directors of the District and shall be held not less
than thirty (30) nor more than sixty (60) days from the date of the
order calling such election. The order calling the election shall
specify the time and places of holding the same, the form of the
ballot and name the presiding and alternate judges for each voting
place. Notice of the election shall be given by publishing a
substantial copy of the election order in a newspaper of general
circulation in the two areas in which the election is to be held,
once a week for two consecutive weeks, the first publication to
appear at least fourteen (14) days prior to the date set for the
election. At the election there shall be submitted the proposition
of whether the boundaries of the District shall be expanded and
shall all taxable property situated within the expanded boundaries
of the District be subject to the levy of annual taxes at a rate not
to exceed seventy-five cents (75¢) on each one hundred dollar
valuation of taxable property for the purpose of meeting the
requirements of the District's bonds, and for the care of
indigents. The ballots shall be printed to provide for voting for or
against the proposition:
['The expansion of the boundaries of the Muenster Hospital
District and the levy of a tax not to exceed seventy-five cents
(75¢) on the one hundred dollar valuation of all taxable property
within the expanded boundaries of the District.'
[As a result of recent court decisions relating to elections,
the Legislature hereby recognized there is some confusion as to the
proper qualifications of electors who may participate in certain
types of elections. It is therefore expressly provided that the
Board of Directors in calling any election required to be held under
the provisions of this Act may provide that all qualified electors,
including those who own taxable property which has been duly
rendered for taxation should be permitted to vote at the election
being called, by reason of the aforesaid court decisions; provided,
however, in the order calling the election, provision is made
whereby the ballots of the resident qualified property taxpaying
electors who own taxable property which has been duly rendered for
taxation can be tabulated and counted separately from the ballots
of the other qualified electors, and in any election so called, a
majority vote of the resident qualified property taxpaying voters
who own taxable property which has been duly rendered for taxation
and a majority vote of all qualified electors, including those who
own taxable property which has been duly rendered for taxation,
shall be required to sustain the proposition.]
SECTION 2.03. Section 1, Chapter 95, Acts of the 56th
Legislature, Regular Session, 1959, is amended to read as follows:
Sec. 1. The [There is hereby created and established within
the State of Texas in addition to the districts into which the state
has heretofore been divided in the form and manner hereinafter
provided, a Conservation and Reclamation District to be known as]
Lavaca County Flood Control District Number 3 consists [,
hereinafter called the District, and consisting] of that part of
the State of Texas, all within the boundaries of the County of
Lavaca, comprehended within the following field notes, to-wit:
BEGINNING at a point on the East side of the Lavaca River
about one mile up said river from the City of Hallettsville where
the league line between the J. Hallett and Luke Presnal Leagues
joins said river;
THENCE in an easterly direction along said league line to the
point where said line intersects with F.M. Road No. 537, being the
Hallettsville to Breslau F.M. Road;
THENCE along said F.M. Road No. 537 in a northerly direction
to a road; said road being located immediately S. of Campbell
Branch;
THENCE along said road in an easterly direction to its
intersection with U. S. Highway No. 77, being the Hallettsville to
Schulenburg Highway;
THENCE along said Highway No. 77 in a southerly direction to
the N.W. corner of the H. C. Randow property;
THENCE along Randow's property in an easterly direction and
continuing along the north property line of the Joe Pavlu tract to a
point being the N.E. corner of the Pavlu tract;
THENCE in a southerly direction along the E. line of the Pavlu
tract, also being the Joe Leopold west boundary line and following
said line to a road immediately on the west side of the Catholic
Cemetery;
THENCE along said road in a southerly direction to a point
where such road intersects with the "cemetery road";
THENCE along said cemetery road in a westerly direction to
the Jim Najvar property;
THENCE in a southerly direction along the east boundary line
of the Najvar property to U. S. Highway No. 90A;
THENCE beginning from U. S. Highway No. 90A and running in a
southerly direction along F.M. Road No. 530 (presently known as the
F.M. Road No. 530 By-pass) to a point where such by-pass intersects
with the present F.M. Road No. 530 (being the Hallettsville to
Vienna F.M. Road);
THENCE beginning at a point on the west side of F.M. Road No.
530 and running in a westerly direction along the S. boundary line
of the Anna Treptow Estate tract and continuing along the S.
boundary line of the Louis Menking tract to the E. A. Turk tract;
THENCE along the said Turk tract in a southerly direction to
the Lavaca River;
THENCE up said river to the Poor Farm Bridge;
THENCE southerly and in a westerly direction along the
boundary line of the Emil Marek tract of land:
THENCE along the S. boundary line of the Rud. Bujnoch tract in
a westerly direction to U. S. Highway No. 77 (being the
Hallettsville to Victoria Highway);
THENCE along said highway in a northerly direction to the T. &
N. O. Railroad crossing;
THENCE in a westerly direction along the N. boundary line of
the T. & N. O. Railroad right-of-way to the H. O. Von Rosenberg
tract;
THENCE in a northerly direction along the East boundary line
of the H. O. Von Rosenberg tract to U. S. Highway No. 77A (being the
Hallettsville to Yoakum Highway);
THENCE beginning at a point on the N. side of U. S. Highway
No. 77A and running in a northerly direction along the east line of
the A. Schubert tract and continuing to the I. Rheinstrom tract;
THENCE along the west of the Rheinstrom tract to a creek also
being the division line between the Rheinstrom and Alphonse Steffek
tracts;
THENCE along said creek in an easterly direction to the
Lavaca River.
[Such District shall be a governmental agency and body
politic and corporate, with the powers of government and with the
authority to exercise the rights, privileges, and functions
hereinafter specified, the creation and establishment of such
District being essential to the accomplishment of the purposes of
Section 59 of Article XVI of the Constitution of this State, as
amended, including the control, storing, preservation, and
distribution of the storm and floodwaters, and the waters of the
rivers and streams in the District and their tributaries, for
domestic, municipal, flood control, irrigation, and other useful
purposes, the reclamation and drainage of the overflow land within
the District, the conservation of forests, and to aid in the
protection of navigation on the navigable waters by regulating the
flood and storm waters that flow into said navigable streams.]
SECTION 2.04. Section 1, Chapter 714, Acts of the 65th
Legislature, Regular Session, 1977, is amended to read as follows:
Sec. 1. The boundaries of the Meeker Municipal Water
District are [Under and pursuant to the provisions of Article XVI,
Section 59, of the Texas Constitution, a conservation and
reclamation district is hereby created and established in Jefferson
County, Texas, to be known as "Meeker Municipal Water District"
(the "district"), and the boundaries of said district shall be] as
follows:
BEGINNING at the intersection of the center line of the TNN&O
Railroad (Southern Pacific Railroad) right-of-way and the west
right-of-way line of the Lower Neches Valley Authority lateral
sometimes called Port Arthur Fresh Water Canal;
THENCE in a westerly direction along the center line of the
TNN&O Railway (Southern Pacific Railroad) right-of-way to the east
line of the James Gerish, Sr. League, Abstract 24, the same being
the west right-of-way line of the Texas Public Service Company,
Lower Neches Valley Authority (Cheek) Lateral;
THENCE north with the west right-of-way line of the Texas
Public Service Company, now Lower Neches Valley Authority (Cheek)
lateral, to its intersection with the center line of the LNVA/Texas
Public Service Company's BI main canal;
THENCE northerly with the center line of the LNVA/Texas
Public Service Company's/BI main canal to its intersection of the
center line of State Highway 105;
THENCE westerly with the center line of State Highway 105 to
its intersection with the right descending bank (the southeast
bank) of Pine Island Bayou;
THENCE southwesterly with the meanders of the southeast bank
(right descending bank) of Pine Island Bayou in a southeasterly
direction to its intersection with the east line of the J. M.
Carpenter Abstract 73, Tract No. 73;
THENCE south with the east line of the J. M. Carpenter
Abstract 743, Tract No. 73, to the north line of the George Ennis
Tract Abstract 824;
THENCE west with the north line of the George Ennis Tract
Abstract 824 to its northwest corner;
THENCE south with the west line of the George Ennis Abstract
824 Tract to the north line of T&O RRC Abstract 237, Tract 101;
THENCE west with the north line of the T&NO RR Company
Abstract 237, Tract 101, to its northwest corner;
THENCE south with the west line of the T&NO Railroad Company
Abstract 237, Tract 101, to its southwest corner;
THENCE east with the south line of the T&NO RR Company
Abstract 237, Tract 101, to the south line of the P. J. Chiles
Survey, continuing east with the south line of the P. J. Chiles
Survey, and its projection, which is the same line as the south line
of the Susannah Cotton Tract, Abstract 106, and south line of the S.
Cotton Tract, Abstract 107, to the north right-of-way of the
LNVA/Texas Public Service Company's/BI main canal;
THENCE east with the north right-of-way line of the Lower
Neches Valley Authority/Texas Public Service Company's/BI main
canal to its intersection with the west right-of-way line of Imes
Road;
THENCE south with the west right-of-way line of Imes Road to
the center line of the T&NO RR (Southern Pacific) right-of-way
line;
THENCE west with the center line of the T&NO RR/Southern
Pacific right-of-way to the east bank of Green Pond Gulley;
THENCE south with the meanders of the east bank of Green Pond
Gulley to the north line of the HT&B RR Company Abstract 150, Tract
7, the same being the south line of the James Gerish, Sr. League;
THENCE east along the north line of the HT&B RR Company
Abstract 150, Tract 7, and the south line of the James Gerish, Sr.
League to the southeast corner of the James Gerish, Sr. League;
THENCE continuing east along the south line of the Ashley
Savery League Abstract 46 to the east right-of-way line of the
LNVA/Texas Public Service Company/Tyrrell Lateral;
THENCE north with the west right-of-way line of the
LNVA/Texas Public Service Company/Tyrrell Lateral and continuing
along the west right-of-way line of the LNVA/Port Arthur Canal in a
north and northwesterly direction to the place of beginning.
SECTION 2.05. Section 1(a), Chapter 1331, Acts of the 76th
Legislature, Regular Session, 1999, is amended to read as follows:
(a) The following groundwater conservation districts are
created:
(1) Cow Creek Groundwater Conservation District;
(2) Brazos Valley Groundwater Conservation District;
(3) Crossroads Groundwater Conservation District;
(4) Hays Trinity Groundwater Conservation District;
(5) [Lone Wolf Groundwater Conservation District;
[(6) Lost Pines Groundwater Conservation District;
[(7)] McMullen Groundwater Conservation District;
(6) [(8)] Middle Pecos Groundwater Conservation
District;
(7) [(9)] Red Sands Groundwater Conservation
District;
(8) [(10)] Refugio Groundwater Conservation District;
(9) [(11)] Southeast Trinity Groundwater Conservation
District;
(10) [(12)] Texana Groundwater Conservation District;
and
(11) [(13)] Tri-County Groundwater Conservation
District.
SECTION 2.06. Section 2(a), Chapter 1331, Acts of the 76th
Legislature, Regular Session, 1999, is amended to read as follows:
(a) The boundaries of the following groundwater
conservation districts are coextensive with county boundaries as
follows:
(1) the boundaries of the Cow Creek Groundwater
Conservation District are coextensive with the boundaries of
Kendall County;
(2) the boundaries of the Brazos Valley Groundwater
Conservation District are coextensive with the boundaries of
Robertson and Brazos Counties;
(3) the boundaries of the Crossroads Groundwater
Conservation District are coextensive with the boundaries of
Victoria County;
(4) [the boundaries of the Lone Wolf Groundwater
Conservation District are coextensive with the boundaries of
Mitchell County;
[(5) the boundaries of the Lost Pines Groundwater
Conservation District are coextensive with the boundaries of
Bastrop and Lee Counties, but if the voters of only one county
confirm the creation of the district under Section 10 of this Act,
the boundaries of the district are coextensive with the boundaries
of that county;
[(6)] the boundaries of the McMullen Groundwater
Conservation District are coextensive with the boundaries of
McMullen County;
(5) [(7)] the boundaries of the Middle Pecos
Groundwater Conservation District are coextensive with the
boundaries of Pecos County;
(6) [(8)] the boundaries of the Refugio Groundwater
Conservation District are coextensive with the boundaries of
Refugio County;
(7) [(9)] the boundaries of the Texana Groundwater
Conservation District are coextensive with the boundaries of
Jackson County; and
(8) [(10)] the boundaries of the Tri-County
Groundwater Conservation District are coextensive with the
boundaries of Foard, Hardeman, and Wilbarger Counties.
ARTICLE 3. REPEALER
SECTION 3.01. The following statutes are repealed:
(1) Sections 1A, 1B, 1C, 2, 3, 4, 5, 6, 7, 7A, 8, 9, 10,
11, 12, 12A, 13, 13A, 13B, 14, 15, 16, 16A, 17, and 18, Chapter 310,
Acts of the 59th Legislature, Regular Session, 1965;
(2) Section 4, Chapter 249, Acts of the 72nd
Legislature, Regular Session, 1991;
(3) Chapter 674, Acts of the 60th Legislature, Regular
Session, 1967;
(4) Chapter 112, Acts of the 65th Legislature, Regular
Session, 1977;
(5) Section 2, Chapter 911, Acts of the 70th
Legislature, Regular Session, 1987;
(6) Section 5, Chapter 128, Acts of the 80th
Legislature, Regular Session, 2007;
(7) Chapter 258, Acts of the 65th Legislature, Regular
Session, 1977;
(8) Section 3, Chapter 479, Acts of the 67th
Legislature, Regular Session, 1981;
(9) Section 6, Chapter 511, Acts of the 72nd
Legislature, Regular Session, 1991;
(10) Section 2, Chapter 529, Acts of the 78th
Legislature, Regular Session, 2003;
(11) Section 3, Chapter 476, Acts of the 79th
Legislature, Regular Session, 2005;
(12) Chapter 287, Acts of the 61st Legislature,
Regular Session, 1969;
(13) Sections 11, 12, and 13, Chapter 1091, Acts of the
76th Legislature, Regular Session, 1999;
(14) Sections 1, 1A, 2, 3, 4, 5, 6, 6(b), 7, 8, 9, 11,
12, 13, 14, 15, 16, 17, 18, 19, 20, 20a, 20b, 20c, 21, 22, and 23,
Chapter 477, Acts of the 59th Legislature, Regular Session, 1965;
(15) Section 14, Chapter 125, Acts of the 74th
Legislature, Regular Session, 1995;
(16) Chapter 172, Acts of the 59th Legislature,
Regular Session, 1965;
(17) Sections 10 and 11, Chapter 385, Acts of the 76th
Legislature, Regular Session, 1999;
(18) Chapter 206, Acts of the 61st Legislature,
Regular Session, 1969;
(19) Chapter 211, Acts of the 64th Legislature,
Regular Session, 1975;
(20) Section 3, Chapter 415, Acts of the 80th
Legislature, Regular Session, 2007;
(21) Chapter 766, Acts of the 69th Legislature,
Regular Session, 1985;
(22) Chapter 16, Acts of the 70th Legislature, Regular
Session, 1987;
(23) Section 4, Chapter 70, Acts of the 74th
Legislature, Regular Session, 1995;
(24) Sections 1, 2(b) and (c), 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 13, 14, 15, 16, 17, and 18, Chapter 644, Acts of the 59th
Legislature, Regular Session, 1965;
(25) Chapter 868, Acts of the 62nd Legislature,
Regular Session, 1971;
(26) Chapter 8, Acts of the 71st Legislature, Regular
Session, 1989;
(27) Chapter 260, Acts of the 58th Legislature,
Regular Session, 1963;
(28) Chapter 84, Acts of the 59th Legislature, Regular
Session, 1965;
(29) Sections 4 and 5, Chapter 259, Acts of the 68th
Legislature, Regular Session, 1983;
(30) Chapter 35, Acts of the 59th Legislature, Regular
Session, 1965;
(31) Sections 2 and 3, Chapter 472, Acts of the 67th
Legislature, Regular Session, 1981;
(32) Section 5, Chapter 66, Acts of the 71st
Legislature, Regular Session, 1989;
(33) Chapter 29, Acts of the 65th Legislature, Regular
Session, 1977;
(34) Section 12, Chapter 434, Acts of the 77th
Legislature, Regular Session, 2001;
(35) Articles 1 through 8, Chapter 11, Acts of the 70th
Legislature, 2nd Called Session, 1987;
(36) Chapter 6, Acts of the 65th Legislature, Regular
Session, 1977;
(37) Section 6, Chapter 614, Acts of the 67th
Legislature, Regular Session, 1981;
(38) Chapter 199, Acts of the 71st Legislature,
Regular Session, 1989;
(39) Chapter 565, Acts of the 64th Legislature,
Regular Session, 1975;
(40) Chapter 5, Acts of the 62nd Legislature, Regular
Session, 1971;
(41) Chapter 102, Acts of the 62nd Legislature,
Regular Session, 1971;
(42) Chapter 140, Acts of the 65th Legislature,
Regular Session, 1977; and
(43) Chapter 261, Acts of the 58th Legislature,
Regular Session, 1963.
SECTION 3.02. The following statutes are repealed:
(1) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17, and 18, Chapter 566, Acts of the 73rd Legislature,
Regular Session, 1993;
(2) Chapter 303, Acts of the 51st Legislature, Regular
Session, 1949;
(3) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 675, Acts
of the 62nd Legislature, Regular Session, 1971;
(4) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 411, Acts
of the 62nd Legislature, Regular Session, 1971;
(5) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 579, Acts
of the 62nd Legislature, Regular Session, 1971;
(6) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 554, Acts
of the 62nd Legislature, Regular Session, 1971;
(7) Sections 1, 3, 4, 5, 6, 7, 8, 9, and 10, Chapter
388, Acts of the 63rd Legislature, Regular Session, 1973;
(8) Sections 1, 3, 4, 5, 6, 7, 8, 9, and 10, Chapter
620, Acts of the 63rd Legislature, Regular Session, 1973;
(9) Sections 2, 2a, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, and 19, Chapter 95, Acts of the 56th
Legislature, Regular Session, 1959;
(10) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 659,
Acts of the 62nd Legislature, Regular Session, 1971;
(11) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 685,
Acts of the 62nd Legislature, Regular Session, 1971;
(12) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Chapter 749, Acts
of the 61st Legislature, Regular Session, 1969;
(13) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Chapter 306, Acts
of the 61st Legislature, Regular Session, 1969;
(14) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, and
13, Chapter 1381, Acts of the 77th Legislature, Regular Session,
2001;
(15) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, and 12,
Chapter 916, Acts of the 70th Legislature, Regular Session, 1987;
(16) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Chapter 391, Acts
of the 61st Legislature, Regular Session, 1969;
(17) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 445,
Acts of the 62nd Legislature, Regular Session, 1971;
(18) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 642,
Acts of the 62nd Legislature, Regular Session, 1971;
(19) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 437,
Acts of the 62nd Legislature, Regular Session, 1971;
(20) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, Chapter 144, Acts of
the 61st Legislature, Regular Session, 1969;
(21) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, Chapter 838, Acts of
the 61st Legislature, Regular Session, 1969;
(22) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, and 11,
Chapter 741, Acts of the 71st Legislature, Regular Session, 1989;
(23) Sections 1, 3, 4, 5, 5A, 6, 7, 8, and 9, Chapter
696, Acts of the 65th Legislature, Regular Session, 1977;
(24) Sections 1, 2, 3, 4, 5(b), 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 19A, 20, 20A, 21, 22, 23, 24, 25, 26, 27,
and 28, Chapter 935, Acts of the 69th Legislature, Regular Session,
1985;
(25) Sections 6 and 7, Chapter 1213, Acts of the 75th
Legislature, Regular Session, 1997;
(26) Chapter 97, Acts of the 66th Legislature, Regular
Session, 1979;
(27) Sections 4 and 5, Chapter 398, Acts of the 68th
Legislature, Regular Session, 1983;
(28) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, and 23, Chapter 616, Acts of the
61st Legislature, Regular Session, 1969;
(29) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 658,
Acts of the 62nd Legislature, Regular Session, 1971;
(30) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 664,
Acts of the 62nd Legislature, Regular Session, 1971;
(31) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 635,
Acts of the 62nd Legislature, Regular Session, 1971;
(32) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, Chapter 714, Acts of
the 65th Legislature, Regular Session, 1977;
(33) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 423,
Acts of the 62nd Legislature, Regular Session, 1971;
(34) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 693,
Acts of the 62nd Legislature, Regular Session, 1971;
(35) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 694,
Acts of the 62nd Legislature, Regular Session, 1971;
(36) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, and 11,
Chapter 756, Acts of the 69th Legislature, Regular Session, 1985;
(37) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 704,
Acts of the 62nd Legislature, Regular Session, 1971;
(38) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 634,
Acts of the 62nd Legislature, Regular Session, 1971; and
(39) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 344,
Acts of the 62nd Legislature, Regular Session, 1971.
SECTION 3.03. The following statutes are repealed:
(1) Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
15, 16, and 17, Chapter 439, Acts of the 70th Legislature, Regular
Session, 1987;
(2) Sections 7 and 8, Chapter 1310, Acts of the 77th
Legislature, Regular Session, 2001;
(3) Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
15, 16, and 17, Chapter 992, Acts of the 70th Legislature, Regular
Session, 1987;
(4) Chapter 915, Acts of the 70th Legislature, Regular
Session, 1987;
(5) Section 22, Chapter 759, Acts of the 78th
Legislature, Regular Session, 2003;
(6) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, and 12,
Chapter 1075, Acts of the 75th Legislature, Regular Session, 1997;
(7) Chapter 1361, Acts of the 77th Legislature,
Regular Session, 2001;
(8) Chapter 772, Acts of the 78th Legislature, Regular
Session, 2003;
(9) Chapter 1291, Acts of the 77th Legislature,
Regular Session, 2001;
(10) Chapter 1474, Acts of the 77th Legislature,
Regular Session, 2001;
(11) Chapter 1294, Acts of the 77th Legislature,
Regular Session, 2001;
(12) Chapter 1358, Acts of the 77th Legislature,
Regular Session, 2001;
(13) Chapter 376, Acts of the 69th Legislature,
Regular Session, 1985;
(14) Chapter 26, Acts of the 70th Legislature, Regular
Session, 1987;
(15) Chapter 1045, Acts of the 71st Legislature,
Regular Session, 1989;
(16) Chapter 302, Acts of the 77th Legislature,
Regular Session, 2001;
(17) Chapter 489, Acts of the 67th Legislature,
Regular Session, 1981;
(18) Sections 2 and 3, Chapter 294, Acts of the 77th
Legislature, Regular Session, 2001;
(19) Chapter 693, Acts of the 72nd Legislature,
Regular Session, 1991;
(20) Chapter 865, Acts of the 70th Legislature,
Regular Session, 1987;
(21) Chapter 1344, Acts of the 77th Legislature,
Regular Session, 2001;
(22) Part 4, Chapter 966, Acts of the 77th
Legislature, Regular Session, 2001;
(23) Chapter 1328, Acts of the 77th Legislature,
Regular Session, 2001;
(24) Part 5, Chapter 966, Acts of the 77th
Legislature, Regular Session, 2001; and
(25) Chapter 1323, Acts of the 77th Legislature,
Regular Session, 2001.
ARTICLE 4. GENERAL MATTERS
SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
This Act is enacted under Section 43, Article III, Texas
Constitution. This Act is intended as a codification only, and no
substantive change in the law is intended by this Act. This Act
does not increase or decrease the territory of any special district
of the state as those boundaries exist on the effective date of this
Act.
SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS
LAW. (a) The repeal of a law, including a validating law, by this
Act does not remove, void, or otherwise affect in any manner a
validation under the repealed law. The validation is preserved and
continues to have the same effect that it would have if the law were
not repealed.
(b) Subsection (a) of this section does not diminish the
saving provisions prescribed by Section 311.031, Government Code.
SECTION 4.03. EFFECTIVE DATE. This Act takes effect April
1, 2011.