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 ben