81R4658 TJS-D
 
  By: Hegar S.B. No. 606
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to Gonzales Healthcare Systems.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1032.051(b), Special District Local Laws
  Code, as effective April 1, 2009, is amended to read as follows:
         (b)  Directors serve staggered [two-year terms unless]
  four-year terms [are established under Section 285.081, Health and
  Safety Code].
         SECTION 2.  Section 1032.052, Special District Local Laws
  Code, as effective April 1, 2009, is amended to read as follows:
         Sec. 1032.052.  NOTICE OF ELECTION.  Notice [At least 45
  days before the date of an election of directors, notice] of an 
  [the] election of directors shall be published in accordance with
  Section 4.003, Election Code, [one time] in a newspaper or
  newspapers that individually or collectively have general
  circulation in the district.
         SECTION 3.  Section 1032.061, Special District Local Laws
  Code, as effective April 1, 2009, is amended by adding Subsections
  (d) and (e) to read as follows:
         (d)  The board may employ physicians or other health care
  providers as the board considers necessary for the efficient
  operation of the district.
         (e)  This section may not be construed as authorizing the
  board to supervise or control the practice of medicine, as
  prohibited by Subtitle B, Title 3, Occupations Code.
         SECTION 4.  Section 1032.110, Special District Local Laws
  Code, as effective April 1, 2009, is amended to read as follows:
         Sec. 1032.110.  CONSTRUCTION CONTRACTS.  A construction
  contract that involves the expenditure of more than the amount
  provided by Section 271.024, Local Government Code, [$10,000] may
  be made only after competitive bidding [advertising] in the manner
  provided by Subchapter B, Chapter 271 [Chapter 252 and Subchapter
  C, Chapter 262], Local Government Code.
         SECTION 5.  Subchapter C, Chapter 1032, Special District
  Local Laws Code, is amended by adding Section 1032.116 to read as
  follows:
         Sec. 1032.116.  BENEFITS FOR INJURED EMPLOYEES. (a) The
  district may establish a comprehensive program to provide income
  and medical benefits to a district employee who sustains an injury
  that arises out of and in the course and scope of employment.
         (b)  If the district adopts a comprehensive program under
  Subsection (a), the district is exempt from Section 504.011, Labor
  Code, to the extent that the section requires the district to
  provide workers' compensation to its employees.
         SECTION 6.  Subchapter D, Chapter 1032, Special District
  Local Laws Code, as effective April 1, 2009, is amended by adding
  Section 1032.161 to read as follows:
         Sec. 1032.161.  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 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)  a district bond that has 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.
         SECTION 7.  Subchapter E, Chapter 1032, Special District
  Local Laws Code, as effective April 1, 2009, is amended by adding
  Sections 1032.209 and 1032.210 to read as follows:
         Sec. 1032.209.  ADDITIONAL MEANS OF SECURING REPAYMENT OF
  BONDS. In addition to the authority to issue general obligation
  bonds and revenue bonds under this subchapter, the board may
  provide for the security and payment of district bonds from a pledge
  of a combination of ad valorem taxes as authorized by Section
  1032.202 and revenue and other sources authorized by Section
  1032.206.
         Sec. 1032.210.  USE OF BOND PROCEEDS. The district may use
  the proceeds of bonds issued under this subchapter to pay:
               (1)  any expense the board determines is reasonable and
  necessary to insure, sell, and deliver the bonds;
               (2)  interest payments on the bonds during a period of
  acquisition or construction of a project or facility to be provided
  through the bonds, not to exceed five years;
               (3)  costs related to the operation and maintenance of
  a project or facility to be provided through the bonds:
                     (A)  during an estimated period of acquisition or
  construction, not to exceed five years; and
                     (B)  for one year after the project or facility is
  acquired or constructed;
               (4)  costs related to the financing of the bond funds,
  including debt service reserve and contingency funds;
               (5)  costs related to the bond issuance;
               (6)  costs related to the acquisition of land or
  interests in land for a project or facility to be provided through
  the bonds; and
               (7)  costs of construction of a project or facility to
  be provided through the bonds, including the payment of related
  professional services and expenses.
         SECTION 8.  Chapter 1032, Special District Local Laws Code,
  as effective April 1, 2009, is amended by adding Subchapter G to
  read as follows:
  SUBCHAPTER G. DISSOLUTION
         Sec. 1032.301.  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 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.
         Sec. 1032.302.  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 of the election.
         Sec. 1032.303.  BALLOT. The ballot for an election under
  this subchapter must be printed to permit voting for or against the
  proposition: "The dissolution of Gonzales Healthcare Systems."
         Sec. 1032.304.  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
  on the question of dissolution.
         Sec. 1032.305.  TRANSFER OF 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 Gonzales
  County or another governmental entity in Gonzales 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 money has
  been disposed of and all district debts have been paid or settled.
         Sec. 1032.306.  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.
         Sec. 1032.307.  REPORT; DISSOLUTION ORDER. (a) After the
  district has paid all its debts and has disposed of all its money
  and other assets as prescribed by this subchapter, the board shall
  file a written report with the Commissioners Court of Gonzales
  County summarizing the board's actions in dissolving the district.
         (b)  Not later than the 10th day after the date the
  Commissioners Court of Gonzales 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.
         SECTION 9.  Section 1032.053, Special District Local Laws
  Code, as effective April 1, 2009, is repealed.
         SECTION 10.  (a)  All elections for directors of Gonzales
  Healthcare Systems held before the effective date of this Act, and
  all governmental and proprietary actions of Gonzales Healthcare
  Systems taken before the effective date of this Act, are validated,
  ratified, and confirmed in all respects as if the actions had been
  taken as authorized by law.
         (b)  This section does not apply to any matter that on the
  effective date of this Act:
               (1)  is involved in litigation if the litigation
  ultimately results in the matter being held invalid by a final
  judgment of a court; or
               (2)  has been held invalid by a final judgment of a
  court.
         SECTION 11.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2009.