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A BILL TO BE ENTITLED
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AN ACT
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relating to the nonsubstantive revision of certain local laws |
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concerning special districts, including conforming amendments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS |
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SECTION 1.01. Subtitle A, Title 3, Special District Local |
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Laws Code, is amended by adding Chapters 1035, 1056, 1061, 1063, |
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1064, 1067, 1072, 1073, 1077, 1078, 1079, 1080, 1081, 1082, 1083, |
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1084, 1085, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, and 1097 |
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to read as follows: |
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CHAPTER 1035. DEWITT MEDICAL DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1035.001. DEFINITIONS |
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Sec. 1035.002. AUTHORITY FOR CREATION |
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Sec. 1035.003. POLITICAL SUBDIVISION |
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Sec. 1035.004. DISTRICT TERRITORY |
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Sec. 1035.005. CORRECTION OF INVALID PROCEDURES |
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Sec. |
1035.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
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STATE OBLIGATION |
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[Sections 1035.007-1035.050 reserved for expansion] |
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SUBCHAPTER B. DISTRICT ADMINISTRATION |
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Sec. 1035.051. BOARD ELECTION; TERM |
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Sec. 1035.052. NOTICE OF ELECTION |
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Sec. 1035.053. QUALIFICATIONS FOR OFFICE |
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Sec. |
1035.054. BOND; RECORD OF BOND AND OATH OR |
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AFFIRMATION OF OFFICE |
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Sec. 1035.055. BOARD VACANCY |
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Sec. 1035.056. OFFICERS |
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Sec. 1035.057. COMPENSATION; EXPENSES |
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Sec. 1035.058. VOTING REQUIREMENT |
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Sec. 1035.059. DISTRICT ADMINISTRATOR |
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Sec. |
1035.060. GENERAL DUTIES OF DISTRICT |
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ADMINISTRATOR |
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Sec. |
1035.061. RECRUITMENT OF MEDICAL STAFF AND |
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EMPLOYEES |
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Sec. 1035.062. CONTINUING EDUCATION; RETRAINING |
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Sec. 1035.063. DOCTORS AND OTHER EMPLOYEES |
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[Sections 1035.064-1035.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 1035.101. DISTRICT RESPONSIBILITY |
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Sec. |
1035.102. RESTRICTION ON POLITICAL SUBDIVISION |
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TAXATION AND DEBT |
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Sec. 1035.103. MANAGEMENT AND CONTROL |
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Sec. 1035.104. HOSPITAL SYSTEM |
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Sec. 1035.105. PROVISION OF CERTAIN HEALTH SERVICES |
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Sec. 1035.106. EMINENT DOMAIN |
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Sec. 1035.107. GIFTS AND ENDOWMENTS |
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Sec. 1035.108. CONTRACT WITH NIXON HOSPITAL DISTRICT |
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Sec. 1035.109. PAYMENT FOR TREATMENT; PROCEDURES |
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Sec. 1035.110. REIMBURSEMENT FOR SERVICES |
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Sec. 1035.111. AUTHORITY TO SUE AND BE SUED |
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[Sections 1035.112-1035.150 reserved for expansion] |
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SUBCHAPTER D. CHANGE IN BOUNDARIES |
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Sec. 1035.151. EXPANSION OF TERRITORY; BOARD ORDER |
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Sec. 1035.152. ANNEXATION OF TERRITORY; PETITION |
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Sec. |
1035.153. APPROVAL OR DENIAL OF ANNEXATION |
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PETITION |
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Sec. 1035.154. ELECTION ORDER |
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Sec. 1035.155. ELECTION DATE |
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Sec. 1035.156. NOTICE OF ELECTION |
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Sec. 1035.157. BALLOT |
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Sec. 1035.158. ELECTION RESULTS |
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[Sections 1035.159-1035.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 1035.201. DEPOSITORY |
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Sec. 1035.202. AUTHORITY TO BORROW MONEY; SECURITY |
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[Sections 1035.203-1035.250 reserved for expansion] |
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SUBCHAPTER F. BONDS |
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Sec. 1035.251. GENERAL OBLIGATION BONDS |
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Sec. 1035.252. TAX TO PAY GENERAL OBLIGATION BONDS |
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Sec. 1035.253. GENERAL OBLIGATION BOND ELECTION |
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Sec. 1035.254. EXECUTION OF BONDS |
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Sec. 1035.255. INVESTMENT OF BOND PROCEEDS |
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Sec. 1035.256. REVENUE BONDS |
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[Sections 1035.257-1035.300 reserved for expansion] |
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SUBCHAPTER G. TAXES |
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Sec. 1035.301. IMPOSITION OF AD VALOREM TAX |
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Sec. 1035.302. TAX RATE |
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Sec. 1035.303. TAX ASSESSOR-COLLECTOR |
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CHAPTER 1035. DEWITT MEDICAL DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1035.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the DeWitt Medical District. |
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(New.) |
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Sec. 1035.002. AUTHORITY FOR CREATION. The DeWitt Medical |
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District is created under the authority of Section 9, Article IX, |
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Texas Constitution. (Acts 59th Leg., R.S., Ch. 310, Secs. 1 (part), |
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1A(a).) |
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Sec. 1035.003. POLITICAL SUBDIVISION. The district is a |
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political subdivision of this state. (Acts 59th Leg., R.S., Ch. |
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310, Sec. 15 (part).) |
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Sec. 1035.004. DISTRICT TERRITORY. (a) The district is |
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composed of the territory described by Section 1, Chapter 310, Acts |
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of the 59th Legislature, Regular Session, 1965. |
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(b) The boundaries and field notes of the district form a |
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closure. A mistake in copying the field notes in the legislative |
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process does not affect: |
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(1) the district's organization, existence, or |
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validity; |
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(2) the district's right to issue a bond; |
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(3) the district's right to impose a tax; or |
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(4) the legality or operation of the district. (New; |
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Acts 59th Leg., R.S., Ch. 310, Sec. 1 (part).) |
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Sec. 1035.005. CORRECTION OF INVALID PROCEDURES. If a |
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court holds that any procedure under this chapter violates the |
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constitution of this state or of the United States, the district by |
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resolution may provide an alternative procedure that conforms with |
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the constitution. (Acts 59th Leg., R.S., Ch. 310, Sec. 17 (part).) |
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Sec. 1035.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
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OBLIGATION. The support and maintenance of the district's hospital |
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system may not become a charge against or obligation of this state. |
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(Acts 59th Leg., R.S., Ch. 310, Sec. 8 (part).) |
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[Sections 1035.007-1035.050 reserved for expansion] |
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SUBCHAPTER B. DISTRICT ADMINISTRATION |
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Sec. 1035.051. BOARD ELECTION; TERM. (a) The district is |
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governed by a board of five directors elected from the district at |
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large. |
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(b) Directors serve staggered three-year terms. |
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(c) An election shall be held each year on the May uniform |
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election date under Section 41.001, Election Code, to elect the |
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appropriate number of directors. (Acts 59th Leg., R.S., Ch. 310, |
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Secs. 4(a), (c) (part).) |
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Sec. 1035.052. NOTICE OF ELECTION. Notice of a directors' |
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election shall be published in a newspaper of general circulation |
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in the district in accordance with Section 4.003, Election Code. |
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(Acts 59th Leg., R.S., Ch. 310, Sec. 4(c) (part).) |
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Sec. 1035.053. QUALIFICATIONS FOR OFFICE. (a) To be |
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qualified to serve as a director, a person must: |
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(1) reside in the district; and |
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(2) be at least 21 years of age. |
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(b) A person may not serve as a director if the person: |
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(1) is a district employee; or |
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(2) was a district employee at any time during the two |
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years preceding the date of the election. (Acts 59th Leg., R.S., |
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Ch. 310, Sec. 4(b).) |
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Sec. 1035.054. BOND; RECORD OF BOND AND OATH OR AFFIRMATION |
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OF OFFICE. (a) Each director shall qualify by executing a good and |
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sufficient bond for $5,000 that is: |
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(1) approved by the board; |
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(2) payable to the district; and |
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(3) conditioned on the faithful performance of the |
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director's duties. |
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(b) Each director's bond and constitutional oath or |
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affirmation of office shall be kept in the district's permanent |
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records. (Acts 59th Leg., R.S., Ch. 310, Sec. 5 (part).) |
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Sec. 1035.055. BOARD VACANCY. (a) If a vacancy occurs in |
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the office of director, the remaining directors shall appoint a |
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director for the unexpired term. |
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(b) If the number of directors is reduced to fewer than |
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three, the remaining directors shall immediately call a special |
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election to fill the vacancies. If the remaining directors do not |
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call the election, a district court, on application of a district |
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voter or taxpayer, may order the directors to hold the election. |
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(Acts 59th Leg., R.S., Ch. 310, Sec. 7(g).) |
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Sec. 1035.056. OFFICERS. (a) At the board's first regular |
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meeting following the annual election of the directors, the board |
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shall elect a chair, vice chair, and secretary from among its |
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members to serve for a term of one year. |
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(b) The board may create additional officer positions. |
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(Acts 59th Leg., R.S., Ch. 310, Sec. 7(a).) |
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Sec. 1035.057. COMPENSATION; EXPENSES. A director serves |
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without compensation but may be reimbursed for actual expenses |
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incurred in the performance of official duties on approval of the |
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expenses by the board. (Acts 59th Leg., R.S., Ch. 310, Sec. 7(f).) |
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Sec. 1035.058. VOTING REQUIREMENT. A concurrence of a |
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majority of the directors is sufficient in any matter relating to |
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district business. (Acts 59th Leg., R.S., Ch. 310, Sec. 7(b) |
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(part).) |
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Sec. 1035.059. DISTRICT ADMINISTRATOR. (a) The board |
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shall appoint a qualified person as district administrator. |
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(b) The district administrator serves at the will of the |
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board and is entitled to the compensation determined by the board. |
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(c) The board shall require that before assuming the duties |
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of district administrator the administrator must execute a bond in |
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an amount set by the board of not less than $5,000 that is: |
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(1) payable to the district; and |
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(2) conditioned on the performance of the |
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administrator's duties. |
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(d) The board may pay for the bond with district money. |
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(Acts 59th Leg., R.S., Ch. 310, Sec. 7(h) (part).) |
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Sec. 1035.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
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Subject to the limitations prescribed by the board, the district |
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administrator shall: |
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(1) supervise the work and activities of the district; |
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and |
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(2) direct the affairs of the district. (Acts 59th |
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Leg., R.S., Ch. 310, Sec. 7(h) (part).) |
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Sec. 1035.061. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. |
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The board may spend district money to recruit physicians, nurses, |
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or other trained medical personnel. The board may pay the tuition or |
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other costs or expenses of a full-time medical or nursing student |
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who: |
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(1) is enrolled in and is in good standing at an |
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accredited school, college, or university; and |
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(2) contractually agrees to become a district employee |
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in return for that assistance. (Acts 59th Leg., R.S., Ch. 310, |
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Secs. 16A(a), (b).) |
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Sec. 1035.062. CONTINUING EDUCATION; RETRAINING. The board |
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may spend district money for continuing education and retraining of |
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employees. (Acts 59th Leg., R.S., Ch. 310, Sec. 16A(c).) |
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Sec. 1035.063. DOCTORS AND OTHER EMPLOYEES. The board may |
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contract with doctors or appoint doctors to the medical staff and |
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may employ technicians, nurses, and other employees the board |
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considers necessary for the efficient operation of the district. |
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The board may delegate that authority to the district |
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administrator. (Acts 59th Leg., R.S., Ch. 310, Sec. 7(i).) |
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[Sections 1035.064-1035.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 1035.101. DISTRICT RESPONSIBILITY. The district has |
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full responsibility for providing medical and hospital care for the |
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district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 310, Sec. |
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2 (part).) |
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Sec. 1035.102. RESTRICTION ON POLITICAL SUBDIVISION |
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TAXATION AND DEBT. A political subdivision in DeWitt County, other |
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than the district, may not impose a tax or issue bonds or other |
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obligations for hospital purposes or to provide medical care in the |
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district. (Acts 59th Leg., R.S., Ch. 310, Sec. 2 (part).) |
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Sec. 1035.103. MANAGEMENT AND CONTROL. (a) The board has |
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all powers necessary, convenient, or incidental to carry out the |
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purposes for which the district was created. |
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(b) The board has complete management and control of all |
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district business, including the power to negotiate and contract |
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with any person to purchase or lease land, to construct and equip a |
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hospital system, to operate and maintain a hospital or hospitals, |
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and to negotiate and contract with other political subdivisions of |
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this state or with private individuals, associations, or |
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corporations for those purposes as the board determines necessary |
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or desirable. (Acts 59th Leg., R.S., Ch. 310, Secs. 7(c), (e).) |
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Sec. 1035.104. HOSPITAL SYSTEM. The district shall provide |
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for: |
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(1) the establishment of a hospital or hospital system |
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in the district to furnish medical and hospital care to district |
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residents by: |
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(A) purchasing, constructing, acquiring, |
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repairing, or renovating buildings and improvements for hospital |
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purposes; and |
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(B) equipping the buildings and improvements for |
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those purposes; and |
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(2) the administration of the hospital system for |
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hospital purposes. (Acts 59th Leg., R.S., Ch. 310, Sec. 2 (part).) |
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Sec. 1035.105. PROVISION OF CERTAIN HEALTH SERVICES. The |
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district may provide: |
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(1) emergency medical services; |
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(2) home health care services; |
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(3) long-term health care services; |
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(4) assisted living services; or |
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(5) any other appropriate health care services the |
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board determines are necessary to meet the district's needs. (Acts |
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59th Leg., R.S., Ch. 310, Sec. 7A.) |
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Sec. 1035.106. EMINENT DOMAIN. (a) The district may |
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exercise the power of eminent domain to acquire a fee simple or |
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other interest in any type of property, real, personal, or mixed, |
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located in district territory, if the interest is necessary for the |
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district to exercise a right, power, privilege, or function |
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conferred on the district by this chapter. |
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(b) The district must exercise the power of eminent domain |
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in the manner provided by Chapter 21, Property Code, except the |
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district is not required to deposit in the trial court money or a |
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bond as provided by Section 21.021(a), Property Code. |
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(c) In a condemnation proceeding brought by the district, |
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the district is not required to: |
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(1) pay in advance or provide a bond or other security |
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for costs in the trial court; |
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(2) provide a bond for the issuance of a temporary |
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restraining order or a temporary injunction; or |
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(3) provide a bond for costs or a supersedeas bond on |
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an appeal or petition for review. (Acts 59th Leg., R.S., Ch. 310, |
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Sec. 11.) |
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Sec. 1035.107. GIFTS AND ENDOWMENTS. The board may accept |
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for the district a gift or endowment to be held in trust and |
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administered by the board for the purposes and under the |
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directions, limitations, or other provisions prescribed in writing |
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by the donor that are not inconsistent with the proper management |
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and objectives of the district. (Acts 59th Leg., R.S., Ch. 310, |
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Sec. 16.) |
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Sec. 1035.108. CONTRACT WITH NIXON HOSPITAL DISTRICT. The |
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district, through the board, may contract with the Nixon Hospital |
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District of Gonzales and Wilson Counties, Texas, for the district |
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to lease, manage, or operate a health care facility located in the |
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Nixon Hospital District. (Acts 59th Leg., R.S., Ch. 310, Sec. |
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7(d).) |
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Sec. 1035.109. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
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Each year, the board may set criteria for determining residency, |
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eligibility for service, and the type of services available. |
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(b) When a patient who resides in the district is admitted |
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to a district facility, the district administrator may have an |
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inquiry made into the financial circumstances of: |
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(1) the patient; and |
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(2) a relative of the patient who is legally |
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responsible for the patient's support. |
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(c) The district without charge shall provide to a patient |
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who resides in the district the care and treatment that the patient |
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or a relative of the patient who is legally responsible for the |
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patient's support cannot pay. |
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(d) On determining that the patient or a relative legally |
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responsible for the patient's support can pay for all or part of the |
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care and treatment provided by the district, the district |
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administrator shall report that determination to the board, and the |
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board shall issue an order directing the patient or the relative to |
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pay the district a specified amount each week. The amount must be |
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based on the individual's ability to pay. |
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(e) The district administrator may collect money owed to the |
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district from the patient's estate or from that of a relative |
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legally responsible for the patient's support in the manner |
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provided by law for collection of expenses of the last illness of a |
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deceased person. |
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(f) If there is a dispute relating to an individual's |
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ability to pay, the board shall: |
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(1) call witnesses; |
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(2) hear and resolve the question; and |
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(3) issue a final order. |
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(g) The final order of the board may be appealed to a |
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district court in the county in which the district is located. The |
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substantial evidence rule applies to the appeal. (Acts 59th Leg., |
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R.S., Ch. 310, Secs. 13A(a), (b) (part), (c), (d), (e), (f).) |
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Sec. 1035.110. REIMBURSEMENT FOR SERVICES. (a) The board |
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shall require a county, municipality, or public hospital located |
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outside the district to reimburse the district for the district's |
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care and treatment of a sick or injured person of that county, |
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municipality, or public hospital as provided by Chapter 61, Health |
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and Safety Code. |
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(b) The board shall require the sheriff of DeWitt County or |
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the police chief of any municipality in the district to reimburse |
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the district for the district's care and treatment of a person who |
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is confined in a jail facility of DeWitt County or the municipality |
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and is not a district resident. A prisoner in the DeWitt County |
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jail or in a penal or police facility located in the district is not |
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considered a district resident unless the person would meet the |
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qualifications for residency notwithstanding the incarceration, |
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its duration, or the facts surrounding the incarceration. |
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(c) The board may contract with the state or federal |
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government for that government to reimburse the district for |
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treatment of a sick or injured person. (Acts 59th Leg., R.S., Ch. |
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310, Sec. 13B.) |
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Sec. 1035.111. AUTHORITY TO SUE AND BE SUED. As a |
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governmental agency, the district may sue and be sued in its own |
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name in any court of this state. (Acts 59th Leg., R.S., Ch. 310, |
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Sec. 15 (part).) |
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[Sections 1035.112-1035.150 reserved for expansion] |
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SUBCHAPTER D. CHANGE IN BOUNDARIES |
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Sec. 1035.151. EXPANSION OF TERRITORY; BOARD ORDER. (a) |
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The board may order an election on the question of: |
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(1) expanding the district's boundaries to include all |
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of the territory in DeWitt County that is not included in the Yoakum |
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Hospital District; |
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(2) the assumption by the additional territory of a |
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proportionate share of district debts; and |
|
(3) the imposition of taxes in the territory to be |
|
added to the district. |
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(b) Subsequent elections may be held on the same issue. |
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(Acts 59th Leg., R.S., Ch. 310, Secs. 1B(a), (h) (part).) |
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Sec. 1035.152. ANNEXATION OF TERRITORY; PETITION. (a) The |
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district may annex one or more tracts of territory in accordance |
|
with the method provided by this subchapter. |
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(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., |
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R.S., Ch. 310, Secs. 1C(a), (b), (c) (part), (d) (part).) |
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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 |
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(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).) |
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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 |
|
|
|
|
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 |
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OFFICER |
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Sec. 1063.064. APPOINTMENT OF STAFF AND EMPLOYEES |
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Sec. 1063.065. RETIREMENT BENEFITS |
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[Sections 1063.066-1063.100 reserved for expansion] |
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SUBCHAPTER C. |
POWERS AND DUTIES |
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Sec. 1063.101. DISTRICT RESPONSIBILITY |
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Sec. |
1063.102. RESTRICTION ON POLITICAL SUBDIVISION |
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TAXATION AND DEBT |
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Sec. 1063.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
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Sec. 1063.104. HEALTH CARE OR HOSPITAL SYSTEM |
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Sec. 1063.105. RULES |
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Sec. 1063.106. PURCHASING AND ACCOUNTING PROCEDURES |
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Sec. |
1063.107. DISTRICT PROPERTY, FACILITIES, AND |
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EQUIPMENT |
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Sec. 1063.108. TAKEOVER OF NONPROFIT HOSPITAL PROPERTY |
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Sec. 1063.109. EMINENT DOMAIN |
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Sec. 1063.110. COST OF RELOCATING OR ALTERING PROPERTY |
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Sec. 1063.111. GIFTS AND ENDOWMENTS |
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Sec. 1063.112. CONSTRUCTION CONTRACTS |
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Sec. 1063.113. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. |
1063.114. CONTRACTS WITH GOVERNMENTAL ENTITIES |
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FOR CARE AND TREATMENT |
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Sec. 1063.115. CONTRACTS FOR HEALTH CARE SERVICES |
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Sec. |
1063.116. CONTRACTS WITH GOVERNMENTAL ENTITIES |
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FOR INVESTIGATORY OR OTHER SERVICES |
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Sec. 1063.117. PAYMENT FOR TREATMENT; PROCEDURES |
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Sec. 1063.118. NONPROFIT CORPORATION |
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Sec. 1063.119. AUTHORITY TO SUE AND BE SUED |
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[Sections 1063.120-1063.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 1063.151. BUDGET |
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Sec. 1063.152. NOTICE; HEARING; ADOPTION OF BUDGET |
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Sec. 1063.153. AMENDMENTS TO BUDGET |
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Sec. 1063.154. RESTRICTION ON EXPENDITURES |
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Sec. 1063.155. FISCAL YEAR |
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Sec. 1063.156. AUDIT |
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Sec. |
1063.157. INSPECTION OF AUDIT AND DISTRICT |
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RECORDS |
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Sec. 1063.158. FINANCIAL REPORT |
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Sec. 1063.159. DEPOSITORY |
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Sec. 1063.160. SPENDING AND INVESTMENT RESTRICTIONS |
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[Sections 1063.161-1063.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
|
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Sec. 1063.201. GENERAL OBLIGATION BONDS |
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Sec. 1063.202. TAX TO PAY GENERAL OBLIGATION BONDS |
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Sec. 1063.203. GENERAL OBLIGATION BOND ELECTION |
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Sec. 1063.204. MATURITY OF GENERAL OBLIGATION BONDS |
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Sec. 1063.205. EXECUTION OF GENERAL OBLIGATION BONDS |
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Sec. 1063.206. REVENUE BONDS |
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Sec. 1063.207. REFUNDING BONDS |
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Sec. 1063.208. BONDS EXEMPT FROM TAXATION |
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Sec. 1063.209. TAX ANTICIPATION NOTES |
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Sec. 1063.210. CERTIFICATES OF OBLIGATION |
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[Sections 1063.211-1063.250 reserved for expansion] |
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SUBCHAPTER F. |
TAXES |
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Sec. 1063.251. IMPOSITION OF AD VALOREM TAX |
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Sec. 1063.252. TAX RATE |
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Sec. |
1063.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
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ASSESSOR-COLLECTOR |
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Sec. |
1063.254. ASSESSMENT AND COLLECTION BY |
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APPOINTMENT OR CONTRACT |
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Sec. |
1063.255. PETITION AND ORDER FOR ELECTION TO |
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REDUCE TAX RATE |
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[Sections 1063.256-1063.300 reserved for expansion] |
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SUBCHAPTER G. |
DISSOLUTION |
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Sec. 1063.301. DISSOLUTION ELECTION; PETITION |
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Sec. 1063.302. VALIDITY OF PETITION FOR ELECTION |
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Sec. 1063.303. ELECTION DATE |
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Sec. 1063.304. BALLOT |
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Sec. 1063.305. ELECTION RESULTS |
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Sec. |
1063.306. TRANSFER, SALE, OR ADMINISTRATION OF |
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ASSETS IF ELECTION INITIATED BY BOARD |
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Sec. |
1063.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
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TAXES |
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Sec. 1063.308. REPORT; DISSOLUTION ORDER |
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Sec. |
1063.309. TRANSFER, SALE, OR ADMINISTRATION OF |
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|
|
|
DISTRICT PETITION |
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CHAPTER 1063. MONTGOMERY COUNTY HOSPITAL DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1063.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
|
district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Montgomery County Hospital |
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District. (New.) |
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Sec. 1063.002. AUTHORITY FOR OPERATION. The Montgomery |
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County Hospital District operates and is administered and financed |
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in accordance with Section 9, Article IX, Texas Constitution, and |
|
has the rights, powers, and duties provided by this chapter. (Acts |
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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).) |
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Sec. 1063.004. DISTRICT TERRITORY. The boundaries of the |
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district are coextensive with the boundaries of Montgomery County, |
|
Texas. (Acts 65th Leg., R.S., Ch. 258, Sec. 1 (part).) |
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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] |
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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 |
|
|
|
|
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 |
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