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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 1011, 1034, 1058, 1069, |
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1074, 1086, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1108, and 1111 to read as follows: |
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CHAPTER 1011. SCHLEICHER COUNTY HOSPITAL DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1011.001. DEFINITIONS |
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Sec. 1011.002. AUTHORITY FOR OPERATION |
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Sec. 1011.003. POLITICAL SUBDIVISION |
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Sec. 1011.004. DISTRICT TERRITORY |
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Sec. 1011.005. CORRECTION OF INVALID PROCEDURES |
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[Sections 1011.006-1011.050 reserved for expansion] |
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SUBCHAPTER B. DISTRICT ADMINISTRATION |
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Sec. 1011.051. BOARD ELECTION; TERM |
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Sec. 1011.052. NOTICE OF ELECTION |
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Sec. 1011.053. BALLOT PETITION |
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Sec. 1011.054. QUALIFICATIONS FOR OFFICE |
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Sec. 1011.055. BOND; RECORD OF BOND AND OATH |
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Sec. 1011.056. BOARD VACANCY |
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Sec. 1011.057. OFFICERS |
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Sec. 1011.058. COMPENSATION; EXPENSES |
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Sec. 1011.059. VOTING REQUIREMENT |
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Sec. 1011.060. MEETINGS |
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Sec. 1011.061. EMPLOYEES |
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Sec. 1011.062. MAINTENANCE OF RECORDS; PUBLIC |
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INSPECTION |
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Sec. 1011.063. SEAL |
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Sec. 1011.064. ALTERNATIVE ELECTION OF DIRECTORS BY |
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PRECINCT |
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[Sections 1011.065-1011.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 1011.101. DISTRICT RESPONSIBILITY |
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Sec. 1011.102. RESTRICTION ON COUNTY OR MUNICIPAL |
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TAXATION |
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Sec. 1011.103. MANAGEMENT AND CONTROL OF DISTRICT |
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Sec. 1011.104. RULES |
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Sec. 1011.105. PURCHASING AND ACCOUNTING PROCEDURES |
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Sec. 1011.106. EMINENT DOMAIN |
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Sec. 1011.107. GIFTS AND ENDOWMENTS |
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Sec. 1011.108. PROVISION OF SERVICES OUTSIDE DISTRICT |
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Sec. 1011.109. PAYMENT FOR TREATMENT; PROCEDURES |
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Sec. 1011.110. AUTHORITY TO SUE AND BE SUED |
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[Sections 1011.111-1011.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 1011.151. BUDGET |
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Sec. 1011.152. PROPOSED BUDGET: NOTICE AND HEARING |
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Sec. 1011.153. FISCAL YEAR |
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Sec. 1011.154. ANNUAL AUDIT |
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Sec. 1011.155. DEPOSITORY OR TREASURER |
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[Sections 1011.156-1011.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 1011.201. GENERAL OBLIGATION BONDS |
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Sec. 1011.202. TAX TO PAY GENERAL OBLIGATION BONDS |
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Sec. 1011.203. GENERAL OBLIGATION BOND ELECTION |
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Sec. 1011.204. MATURITY OF GENERAL OBLIGATION BONDS |
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Sec. 1011.205. EXECUTION OF GENERAL OBLIGATION BONDS |
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Sec. 1011.206. REFUNDING BONDS |
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[Sections 1011.207-1011.250 reserved for expansion] |
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SUBCHAPTER F. TAXES |
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Sec. 1011.251. IMPOSITION OF AD VALOREM TAX |
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Sec. 1011.252. TAX RATE |
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Sec. 1011.253. TAX ASSESSOR-COLLECTOR |
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CHAPTER 1011. SCHLEICHER COUNTY HOSPITAL DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1011.001. 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 Schleicher County Hospital |
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District. (New.) |
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Sec. 1011.002. AUTHORITY FOR OPERATION. The Schleicher |
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County Hospital District operates in accordance with and has the |
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powers and responsibilities provided by Section 9, Article IX, |
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Texas Constitution. (Acts 60th Leg., R.S., Ch. 38, Sec. 1 (part).) |
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Sec. 1011.003. POLITICAL SUBDIVISION. The district is a |
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political subdivision of this state. (Acts 60th Leg., R.S., Ch. 38, |
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Sec. 16 (part).) |
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Sec. 1011.004. DISTRICT TERRITORY. The boundaries of the |
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district are coextensive with the boundaries of Schleicher County. |
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(Acts 60th Leg., R.S., Ch. 38, Sec. 1 (part).) |
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Sec. 1011.005. 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 60th Leg., R.S., Ch. 38, Sec. 17 (part).) |
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[Sections 1011.006-1011.050 reserved for expansion] |
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SUBCHAPTER B. DISTRICT ADMINISTRATION |
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Sec. 1011.051. BOARD ELECTION; TERM. (a) Except as |
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provided by Section 1011.064, the board consists of seven directors |
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elected from the district at large. |
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(b) Unless four-year terms are established under Section |
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285.081, Health and Safety Code: |
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(1) directors serve staggered two-year terms; and |
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(2) a directors' election shall be held annually on a |
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date authorized by Chapter 41, Election Code. (Acts 60th Leg., |
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R.S., Ch. 38, Secs. 3(a) (part), (c) (part).) |
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Sec. 1011.052. NOTICE OF ELECTION. At least 10 days before |
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the date of a directors' election, notice of the election must be |
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published one time in a newspaper of general circulation in |
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Schleicher County. (Acts 60th Leg., R.S., Ch. 38, Sec. 3(c) |
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(part).) |
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Sec. 1011.053. BALLOT PETITION. (a) A person who wants to |
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have the person's name printed on the ballot as a candidate for |
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director must file with the board secretary a petition requesting |
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that action. The petition must be signed by not fewer than 10 |
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registered voters. |
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(b) The petition and an application for a place on the |
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ballot that meets the requirements of the Election Code must be |
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filed in the manner provided by Chapter 144, Election Code. (Acts |
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60th Leg., R.S., Ch. 38, Sec. 3(c) (part).) |
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Sec. 1011.054. QUALIFICATIONS FOR OFFICE. A person may not |
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be appointed or elected as a director unless the person is: |
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(1) a resident of the district; and |
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(2) at least 18 years of age at the time of the |
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appointment or election. (Acts 60th Leg., R.S., Ch. 38, Sec. 3(a) |
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(part).) |
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Sec. 1011.055. BOND; RECORD OF BOND AND OATH. (a) Each |
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director shall execute a good and sufficient bond for $1,000 that |
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is: |
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(1) payable to the district; and |
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(2) 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 of office |
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shall be deposited with the district's depository bank for |
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safekeeping. (Acts 60th Leg., R.S., Ch. 38, Sec. 3(a) (part).) |
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Sec. 1011.056. 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 four |
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for any reason, the remaining directors shall immediately call a |
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special election to fill the vacancies. If the remaining directors |
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do not call the election, a district court, on application of a |
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district voter or taxpayer, may order the directors to hold the |
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election. (Acts 60th Leg., R.S., Ch. 38, Sec. 3(b) (part).) |
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Sec. 1011.057. OFFICERS. The board shall elect from among |
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its members a president and a secretary. (Acts 60th Leg., R.S., Ch. |
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38, Sec. 3(b) (part).) |
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Sec. 1011.058. 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 60th Leg., R.S., Ch. 38, Sec. 4 |
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(part).) |
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Sec. 1011.059. VOTING REQUIREMENT. A concurrence of a |
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majority of directors is sufficient in any matter relating to |
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district business. (Acts 60th Leg., R.S., Ch. 38, Sec. 3(b) |
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(part).) |
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Sec. 1011.060. MEETINGS. (a) A board meeting may be |
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called by the president or a majority of the directors. |
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(b) Notice of the time and place of a board meeting must be |
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given to each director not later than the seventh day before the |
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time of the meeting. |
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(c) This section does not prevent the board from |
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establishing by resolution a regular time and place for meetings |
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for which special notice is not required. (Acts 60th Leg., R.S., |
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Ch. 38, Sec. 3(b) (part).) |
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Sec. 1011.061. EMPLOYEES. The board may employ a general |
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manager and other necessary professional and clerical personnel. |
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(Acts 60th Leg., R.S., Ch. 38, Sec. 7(a) (part).) |
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Sec. 1011.062. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
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Except as provided by Section 1011.055, all district records, |
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including books, accounts, notices, and minutes, and all other |
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matters of the district and the operation of its facilities shall |
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be: |
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(1) maintained at the district office; and |
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(2) open to public inspection at the district office |
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at all reasonable hours. (Acts 60th Leg., R.S., Ch. 38, Sec. 7(b).) |
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Sec. 1011.063. SEAL. The board may adopt a seal for the |
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district. (Acts 60th Leg., R.S., Ch. 38, Sec. 7(a) (part).) |
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Sec. 1011.064. ALTERNATIVE ELECTION OF DIRECTORS BY |
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PRECINCT. (a) The board may adopt an order to elect directors from |
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five districts according to the commissioners precinct method. |
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(b) If the board adopts an order under Subsection (a), one |
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director is elected by the voters of the district at large and one |
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director is elected from each county commissioners precinct by the |
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voters of that precinct. |
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(c) Except as provided by Subsection (e), a person must be: |
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(1) a resident of the district to be eligible to be a |
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candidate for or to serve as a director at large; and |
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(2) a resident of the precinct to be a candidate for or |
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to serve as a director from that precinct. |
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(d) A person shall indicate on the application for a place |
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on the ballot: |
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(1) that the person seeks to represent the district at |
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large; or |
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(2) the precinct that the person seeks to represent. |
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(e) When the boundaries of the county commissioners |
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precincts are redrawn to reflect population changes after each |
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federal decennial census, a director in office on the effective |
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date of the change, or elected or appointed before the effective |
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date of the change to a term of office beginning on or after the |
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effective date of the change, shall serve the term or the remainder |
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of the term in the precinct to which elected or appointed even if |
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the change in boundaries places the director's residence outside |
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the precinct for which the director was elected or appointed. |
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(f) At the first directors' election after the adoption of |
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an order under Subsection (a), five new directors shall be elected. |
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After the canvass of the returns of the election, the terms of all |
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directors serving at the time of the election expire. |
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(g) At the first meeting of the directors elected under this |
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section, the directors shall draw lots to determine which three |
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directors serve two-year terms and which two directors serve |
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one-year terms. After the terms of the initial directors elected |
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under this section expire, each director serves a two-year term. |
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(Acts 60th Leg., R.S., Ch. 38, Sec. 3A.) |
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[Sections 1011.065-1011.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 1011.101. 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 residents, including the district's needy and indigent |
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residents. (Acts 60th Leg., R.S., Ch. 38, Secs. 2(a) (part), 12 |
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(part).) |
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Sec. 1011.102. RESTRICTION ON COUNTY OR MUNICIPAL |
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TAXATION. Schleicher County or a municipality in Schleicher County |
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may not impose a tax for hospital purposes. (Acts 60th Leg., R.S., |
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Ch. 38, Sec. 12 (part).) |
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Sec. 1011.103. MANAGEMENT AND CONTROL OF DISTRICT. The |
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management and control of the district is vested in the board. |
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(Acts 60th Leg., R.S., Ch. 38, Sec. 4 (part).) |
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Sec. 1011.104. RULES. (a) The board may adopt rules |
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governing the operation of the district and district facilities. |
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(b) The rules, on approval by the board, may be published in |
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booklet form at district expense and may be made available to any |
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taxpayer on request. (Acts 60th Leg., R.S., Ch. 38, Sec. 7(c).) |
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Sec. 1011.105. PURCHASING AND ACCOUNTING PROCEDURES. (a) |
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The board may prescribe the method and manner of making purchases |
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and expenditures by and for the district. |
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(b) The board shall prescribe: |
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(1) all accounting and control procedures; and |
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(2) the method of purchasing necessary supplies, |
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materials, and equipment. (Acts 60th Leg., R.S., Ch. 38, Sec. 7(a) |
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(part).) |
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Sec. 1011.106. 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 located in district |
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territory, if the interest is necessary or convenient 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 bond or other security |
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for costs in the trial court; |
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(2) provide 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 60th Leg., R.S., Ch. 38, |
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Sec. 9.) |
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Sec. 1011.107. 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 60th Leg., R.S., Ch. 38, Sec. |
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14.) |
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Sec. 1011.108. PROVISION OF SERVICES OUTSIDE DISTRICT. On |
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approval of the board, the district may provide primary care, |
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emergency services, preventive medical services, and other |
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health-related services outside the district if the services serve |
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the district's purpose. (Acts 60th Leg., R.S., Ch. 38, Sec. 1 |
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(part).) |
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Sec. 1011.109. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
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When a patient who claims to be indigent is admitted to a district |
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facility, the board shall have an inquiry made into the |
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circumstances of: |
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(1) the patient; and |
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(2) the patient's relatives legally liable for the |
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patient's support. |
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(b) If an agent designated by the district to handle the |
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inquiry determines that the patient or those relatives cannot pay |
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for all or part of the patient's care and treatment in the hospital, |
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the amount that cannot be paid becomes a charge against the |
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district. |
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(c) If it is determined that the patient or those relatives |
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are liable to pay for all or part of the patient's care and |
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treatment, the patient or those relatives shall be ordered to pay to |
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the district's treasurer a specified amount each week for the |
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patient's support. The amount ordered must be proportionate to |
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their financial ability and may not exceed the actual per capita |
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cost of maintenance. |
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(d) The district may collect the amount from the patient's |
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estate, or from those relatives legally liable for the patient's |
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support, in the manner provided by law for the collection of |
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expenses of the last illness of a deceased person. |
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(e) If there is a dispute as to the ability to pay or doubt |
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in the mind of the district's designated agent, the board shall hold |
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a hearing and, after calling witnesses, shall: |
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(1) resolve the dispute or doubt; and |
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(2) issue any appropriate order. |
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(f) The order may be appealed to the district court. (Acts |
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60th Leg., R.S., Ch. 38, Sec. 13.) |
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Sec. 1011.110. 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 in this state. (Acts 60th Leg., R.S., Ch. 38, Sec. |
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16 (part).) |
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[Sections 1011.111-1011.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 1011.151. BUDGET. The board annually shall have a |
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budget prepared for the next fiscal year that includes: |
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(1) proposed expenditures and disbursements; |
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(2) estimated receipts and collections; and |
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(3) the amount of taxes required to be imposed for the |
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year. (Acts 60th Leg., R.S., Ch. 38, Sec. 8(b) (part).) |
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Sec. 1011.152. PROPOSED BUDGET: NOTICE AND HEARING. (a) |
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The board shall hold a public hearing on the proposed budget. |
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(b) Notice of the hearing must be published at least once in |
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a newspaper of general circulation in Schleicher County not later |
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than the 10th day before the date of the hearing. |
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(c) Any district taxpayer is entitled to: |
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(1) appear at the time and place designated in the |
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notice; and |
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(2) be heard regarding any item included in the |
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proposed budget. (Acts 60th Leg., R.S., Ch. 38, Sec. 8(b) (part).) |
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Sec. 1011.153. FISCAL YEAR. The district's fiscal year |
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begins on January 1 and ends on December 31. (Acts 60th Leg., R.S., |
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Ch. 38, Sec. 8(a) (part).) |
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Sec. 1011.154. ANNUAL AUDIT. (a) The board annually shall |
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have an independent audit made of the district's books and records |
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for the preceding fiscal year. |
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(b) Not later than March 31 each year, the audit shall be |
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filed: |
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(1) with the comptroller; and |
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(2) at the district's office. (Acts 60th Leg., R.S., |
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Ch. 38, Sec. 8(a) (part).) |
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Sec. 1011.155. DEPOSITORY OR TREASURER. (a) The board by |
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resolution shall designate a bank or banks in Schleicher County as |
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the district's depository or treasurer. A designated bank serves |
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for two years and until a successor is designated. |
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(b) All income received by the district shall be deposited |
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with the district depository. |
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(c) All district money shall be secured in the manner |
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provided for securing county funds. (Acts 60th Leg., R.S., Ch. 38, |
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Secs. 5(b) (part), 10.) |
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[Sections 1011.156-1011.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 1011.201. GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
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and credit of the district for any purpose relating to the purchase, |
|
construction, acquisition, repair, or renovation of buildings or |
|
improvements and equipping buildings and improvements for hospital |
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purposes. (Acts 60th Leg., R.S., Ch. 38, Sec. 6(a) (part).) |
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Sec. 1011.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
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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 general obligation bonds issued under Section 1011.201 |
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as the bonds mature. |
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(b) The tax required by this section together with any |
|
maintenance and operations tax the district imposes may not in any |
|
year exceed 75 cents on each $100 valuation of all taxable property |
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in the district. (Acts 60th Leg., R.S., Ch. 38, Sec. 6(a) (part).) |
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Sec. 1011.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
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district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
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election held for that purpose. |
|
(b) The board may order a bond election on its own motion. |
|
(c) The order must specify: |
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(1) the location of the polling places; |
|
(2) the presiding election officers; |
|
(3) the purpose for which the bonds are to be issued; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum interest rate of the bonds; and |
|
(6) the maximum maturity date of the bonds. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the order in a newspaper of general circulation |
|
in Schleicher County once each week for two consecutive weeks |
|
before the date of the election. The first publication must occur at |
|
least 14 days before the date of the election. (Acts 60th Leg., |
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R.S., Ch. 38, Sec. 6(a) (part).) |
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Sec. 1011.204. MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 60th Leg., R.S., Ch. 38, |
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Sec. 6(a) (part).) |
|
Sec. 1011.205. 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. (Acts |
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60th Leg., R.S., Ch. 38, Sec. 6(a) (part).) |
|
Sec. 1011.206. REFUNDING BONDS. (a) District refunding |
|
bonds may be issued without an election and in the manner provided |
|
by this subchapter to refund outstanding bonds issued by the |
|
district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding bonds; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar amount of the outstanding bonds and the unpaid matured |
|
interest on those bonds. (Acts 60th Leg., R.S., Ch. 38, Secs. 6(a) |
|
(part), (b) (part).) |
|
[Sections 1011.207-1011.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1011.251. IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the budget, the board shall impose a tax on all taxable |
|
property in the district subject to district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued by the district for hospital purposes as provided by |
|
this chapter; |
|
(2) provide for the maintenance and operations of the |
|
hospital, hospital system, or related facilities; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 60th Leg., R.S., Ch. 38, |
|
Secs. 5(a) (part), (b) (part), 8(b) (part).) |
|
Sec. 1011.252. TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 60th Leg., R.S., Ch. 38, Sec. 5(a) |
|
(part).) |
|
Sec. 1011.253. TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector of Schleicher County shall assess and collect |
|
taxes imposed by the district. (Acts 60th Leg., R.S., Ch. 38, Secs. 5(b) (part), 8(b) (part).) |
|
|
|
CHAPTER 1034. HALL COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1034.001. DEFINITIONS |
|
Sec. 1034.002. AUTHORITY FOR OPERATION |
|
Sec. 1034.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1034.004. DISTRICT TERRITORY |
|
Sec. 1034.005. DISTRICT SUPPORT OR MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1034.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1034.007-1034.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1034.051. BOARD ELECTION; TERM |
|
Sec. 1034.052. NOTICE OF ELECTION |
|
Sec. 1034.053. BALLOT PETITION |
|
Sec. 1034.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1034.055. BOARD VACANCY |
|
Sec. 1034.056. OFFICERS |
|
Sec. 1034.057. COMPENSATION; EXPENSES |
|
Sec. 1034.058. VOTING REQUIREMENT |
|
Sec. 1034.059. DISTRICT ADMINISTRATOR |
|
Sec. 1034.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1034.061. ASSISTANT DISTRICT ADMINISTRATOR; |
|
ATTORNEY |
|
Sec. 1034.062. APPOINTMENT OF STAFF AND EMPLOYEES |
|
Sec. 1034.063. RETIREMENT BENEFITS |
|
[Sections 1034.064-1034.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1034.101. DISTRICT RESPONSIBILITY |
|
Sec. 1034.102. RESTRICTION ON COUNTY TAXATION AND DEBT |
|
Sec. 1034.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1034.104. RULES |
|
Sec. 1034.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1034.106. MOBILE EMERGENCY MEDICAL SERVICE |
|
Sec. 1034.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1034.108. EMINENT DOMAIN |
|
Sec. 1034.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1034.110. GIFTS AND ENDOWMENTS |
|
Sec. 1034.111. CONSTRUCTION CONTRACTS |
|
Sec. 1034.112. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1034.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR SERVICES |
|
Sec. 1034.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1034.115. REIMBURSEMENT FOR SERVICES |
|
Sec. 1034.116. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1034.117-1034.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1034.151. BUDGET |
|
Sec. 1034.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1034.153. AMENDMENTS TO BUDGET |
|
Sec. 1034.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1034.155. FISCAL YEAR |
|
Sec. 1034.156. ANNUAL AUDIT |
|
Sec. 1034.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1034.158. FINANCIAL REPORT |
|
Sec. 1034.159. DEPOSITORY |
|
Sec. 1034.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1034.161-1034.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1034.201. GENERAL OBLIGATION BONDS |
|
Sec. 1034.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1034.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1034.204. REVENUE BONDS |
|
Sec. 1034.205. REFUNDING BONDS |
|
Sec. 1034.206. MATURITY OF BONDS |
|
Sec. 1034.207. EXECUTION OF BONDS |
|
Sec. 1034.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1034.209-1034.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1034.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1034.252. TAX RATE |
|
Sec. 1034.253. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
Sec. 1034.254. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1034. HALL COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1034.001. 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 Hall County Hospital |
|
District. (Acts 70th Leg., R.S., Ch. 1017, Sec. 1.01.) |
|
Sec. 1034.002. AUTHORITY FOR OPERATION. The Hall County |
|
Hospital District operates and is financed as provided by Section |
|
9, Article IX, Texas Constitution, and by this chapter. (Acts 70th |
|
Leg., R.S., Ch. 1017, Sec. 1.02.) |
|
Sec. 1034.003. ESSENTIAL PUBLIC FUNCTION. The district is |
|
a public entity performing an essential public function. (Acts |
|
70th Leg., R.S., Ch. 1017, Sec. 7.11 (part).) |
|
Sec. 1034.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Hall County, Texas. |
|
(Acts 70th Leg., R.S., Ch. 1017, Sec. 1.03.) |
|
Sec. 1034.005. DISTRICT SUPPORT OR MAINTENANCE NOT STATE |
|
OBLIGATION. This state may not be obligated for the support or |
|
maintenance of the district. (Acts 70th Leg., R.S., Ch. 1017, Sec. |
|
9.01 (part).) |
|
Sec. 1034.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 70th Leg., R.S., Ch. 1017, Sec. 9.01 (part).) |
|
[Sections 1034.007-1034.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1034.051. BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of five directors elected from the district at |
|
large. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; and |
|
(2) an election shall be held annually on the May |
|
uniform election date to elect the appropriate number of directors. |
|
(Acts 70th Leg., R.S., Ch. 1017, Secs. 4.01(a), 4.03(a), (c) |
|
(part).) |
|
Sec. 1034.052. NOTICE OF ELECTION. At least 35 days before |
|
the date of a directors' election, notice of the election must be |
|
published one time in a newspaper with general circulation in the |
|
district. (Acts 70th Leg., R.S., Ch. 1017, Sec. 4.04.) |
|
Sec. 1034.053. 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 three registered voters of the |
|
district as determined by the most recent official list of |
|
registered voters; and |
|
(2) filed by the deadline imposed by Section 144.005, |
|
Election Code. (Acts 70th Leg., R.S., Ch. 1017, Sec. 4.05.) |
|
Sec. 1034.054. QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to be a candidate for or to serve as a director, a person |
|
must be: |
|
(1) a resident of the district; and |
|
(2) a qualified voter. |
|
(b) A district employee may not serve as a director. (Acts |
|
70th Leg., R.S., Ch. 1017, Sec. 4.06.) |
|
Sec. 1034.055. BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 70th Leg., R.S., Ch. 1017, |
|
Sec. 4.07.) |
|
Sec. 1034.056. OFFICERS. (a) The board shall elect from |
|
among its members a president and a vice president. |
|
(b) The board shall appoint a secretary, who need not be a |
|
director. |
|
(c) Each officer of the board serves a one-year term. |
|
(d) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 70th Leg., R.S., Ch. 1017, Secs. 4.08, 4.09.) |
|
Sec. 1034.057. COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 70th Leg., R.S., Ch. |
|
1017, Sec. 4.10.) |
|
Sec. 1034.058. VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors voting is necessary in matters relating |
|
to district business. (Acts 70th Leg., R.S., Ch. 1017, Sec. 4.11.) |
|
Sec. 1034.059. DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to compensation as determined by the board. |
|
(c) Before assuming the duties of district administrator, |
|
the administrator must execute a bond in an amount determined by the |
|
board of not less than $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
administrator's duties under this chapter. |
|
(d) The board may pay for the bond with district money. |
|
(Acts 70th Leg., R.S., Ch. 1017, Secs. 4.12(a) (part), (b) (part), |
|
(c) (part), (d).) |
|
Sec. 1034.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. (Acts |
|
70th Leg., R.S., Ch. 1017, Sec. 4.15.) |
|
Sec. 1034.061. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
(a) The board may appoint qualified persons as: |
|
(1) the assistant district administrator; and |
|
(2) the attorney for the district. |
|
(b) The assistant district administrator and the attorney |
|
for the district serve at the will of the board and are entitled to |
|
compensation as determined by the board. (Acts 70th Leg., R.S., Ch. |
|
1017, Secs. 4.12(a) (part), (b) (part), (c) (part).) |
|
Sec. 1034.062. APPOINTMENT OF STAFF AND EMPLOYEES. |
|
(a) The board may appoint to the staff any doctors the board |
|
considers necessary for the efficient operation of the district and |
|
may make temporary appointments as considered necessary. |
|
(b) The district may employ technicians, nurses, fiscal |
|
agents, accountants, architects, additional attorneys, and other |
|
necessary employees. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ persons for the district. (Acts 70th Leg., |
|
R.S., Ch. 1017, Secs. 4.13, 4.14.) |
|
Sec. 1034.063. RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 70th Leg., R.S., Ch. |
|
1017, Sec. 4.16.) |
|
[Sections 1034.064-1034.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1034.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating hospital facilities and for |
|
providing medical and hospital care for the district's needy |
|
inhabitants. (Acts 70th Leg., R.S., Ch. 1017, Sec. 5.02 (part).) |
|
Sec. 1034.102. RESTRICTION ON COUNTY TAXATION AND DEBT. |
|
Hall County may not impose a tax or issue bonds or other obligations |
|
for hospital purposes or to provide medical care for district |
|
residents. (Acts 70th Leg., R.S., Ch. 1017, Sec. 5.01(b).) |
|
Sec. 1034.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 70th Leg., R.S., Ch. |
|
1017, Sec. 5.03.) |
|
Sec. 1034.104. RULES. The board may adopt rules governing: |
|
(1) the operation of the hospital and hospital system; |
|
and |
|
(2) the duties, functions, and responsibilities of |
|
district staff and employees. (Acts 70th Leg., R.S., Ch. 1017, Sec. |
|
5.04.) |
|
Sec. 1034.105. PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) accounting and control procedures for the |
|
district. (Acts 70th Leg., R.S., Ch. 1017, Sec. 5.05.) |
|
Sec. 1034.106. MOBILE EMERGENCY MEDICAL SERVICE. The |
|
district may operate or provide for the operation of a mobile |
|
emergency medical service. (Acts 70th Leg., R.S., Ch. 1017, Sec. |
|
5.02 (part).) |
|
Sec. 1034.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The board may: |
|
(1) acquire property, including facilities and |
|
equipment, for the district for use in the hospital system; and |
|
(2) mortgage or pledge the property as security for |
|
payment of the purchase price. |
|
(c) The board may lease hospital facilities for the |
|
district. |
|
(d) The board may sell or otherwise dispose of property, |
|
including facilities or equipment, for the district. (Acts 70th |
|
Leg., R.S., Ch. 1017, Sec. 5.06.) |
|
Sec. 1034.108. EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in property located in district territory if the |
|
interest is necessary to exercise a right or authority conferred by |
|
this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except that the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. (Acts 70th Leg., R.S., Ch. 1017, |
|
Sec. 5.09.) |
|
Sec. 1034.109. COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade, or |
|
altering the construction of any railroad, highway, pipeline, or |
|
electric transmission and electric distribution, telegraph, or |
|
telephone line, conduit, pole, or facility, the district must bear |
|
the actual cost of relocating, raising, lowering, rerouting, |
|
changing the grade, or altering the construction to provide |
|
comparable replacement without enhancement of facilities, after |
|
deducting the net salvage value derived from the old facility. |
|
(Acts 70th Leg., R.S., Ch. 1017, Sec. 5.10.) |
|
Sec. 1034.110. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for any |
|
purpose and under any direction, limitation, or other provision |
|
prescribed in writing by the donor that is consistent with the |
|
proper management of the district. (Acts 70th Leg., R.S., Ch. 1017, |
|
Sec. 5.14.) |
|
Sec. 1034.111. CONSTRUCTION CONTRACTS. (a) The board may |
|
enter into construction contracts for the district. |
|
(b) The board may enter into a construction contract that |
|
involves the expenditure of more than the amount provided by |
|
Section 271.024, Local Government Code, only after competitive |
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
Code. (Acts 70th Leg., R.S., Ch. 1017, Sec. 5.07(a).) |
|
Sec. 1034.112. OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a hospital facility for the district. (Acts 70th Leg., R.S., Ch. |
|
1017, Sec. 5.08.) |
|
Sec. 1034.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
SERVICES. The board may contract with a political subdivision of |
|
this state or with a state or federal agency for the district to: |
|
(1) furnish a mobile emergency medical service; or |
|
(2) provide for the investigatory or welfare needs of |
|
district inhabitants. (Acts 70th Leg., R.S., Ch. 1017, Sec. 5.13.) |
|
Sec. 1034.114. PAYMENT FOR TREATMENT; PROCEDURES. |
|
(a) When an individual who resides in the district is admitted as a |
|
patient to a district facility, the district administrator may have |
|
an inquiry made into the financial circumstances of: |
|
(1) the patient; and |
|
(2) a relative of the patient legally responsible for |
|
the patient's support. |
|
(b) To the extent that the patient or the relative of the |
|
patient legally responsible for the patient's support cannot pay |
|
for care and treatment provided by the district, the district shall |
|
supply the care and treatment without charging the patient or the |
|
relative. |
|
(c) On determining that the patient or a relative legally |
|
responsible for the patient's support can pay for all or part of the |
|
care and treatment provided by the district, the district |
|
administrator shall report that determination to the board, and the |
|
board shall issue an order directing the patient or the relative to |
|
pay the district a specified amount each week. The amount must be |
|
based on the individual's ability to pay. |
|
(d) The district administrator may collect money owed to the |
|
district from the patient's estate or from the estate of a relative |
|
legally responsible for the patient's support in the manner |
|
provided by law for the collection of expenses in the last illness |
|
of a deceased person. |
|
(e) If there is a dispute relating to an individual's |
|
ability to pay or if the district administrator has any doubt |
|
concerning an individual's ability to pay, the board shall: |
|
(1) call witnesses; |
|
(2) hear and resolve the question; and |
|
(3) issue a final order. |
|
(f) The final order of the board may be appealed to a |
|
district court in Hall County. The substantial evidence rule |
|
applies to the appeal. (Acts 70th Leg., R.S., Ch. 1017, Secs. |
|
5.11(b), (c), (d), (e), (f).) |
|
Sec. 1034.115. 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 Hall County to |
|
reimburse the district for the district's care and treatment of a |
|
person confined in a jail facility of Hall County who is not a |
|
district resident. |
|
(c) On behalf of the district, the board may contract with |
|
the state or federal government for that government to reimburse |
|
the district for treatment of a sick or injured person. (Acts 70th |
|
Leg., R.S., Ch. 1017, Sec. 5.12.) |
|
Sec. 1034.116. AUTHORITY TO SUE AND BE SUED. The board may |
|
sue and be sued on behalf of the district. (Acts 70th Leg., R.S., |
|
Ch. 1017, Sec. 5.15.) |
|
[Sections 1034.117-1034.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1034.151. BUDGET. (a) The district administrator |
|
shall prepare a proposed annual budget for the district. |
|
(b) The proposed budget must contain a complete financial |
|
statement, including a statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand to the credit of each |
|
district fund; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 70th Leg., |
|
R.S., Ch. 1017, Sec. 6.04.) |
|
Sec. 1034.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) The board shall publish notice of the hearing in a |
|
newspaper of general circulation in the district not later than the |
|
10th day before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the |
|
taxpayers. |
|
(e) The budget is effective only after adoption by the |
|
board. (Acts 70th Leg., R.S., Ch. 1017, Sec. 6.05.) |
|
Sec. 1034.153. AMENDMENTS TO BUDGET. After the annual |
|
budget is adopted, the budget may be amended on the board's |
|
approval. (Acts 70th Leg., R.S., Ch. 1017, Sec. 6.06.) |
|
Sec. 1034.154. RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the annual budget or an |
|
amendment to the budget. (Acts 70th Leg., R.S., Ch. 1017, Sec. |
|
6.07.) |
|
Sec. 1034.155. FISCAL YEAR. (a) The district operates |
|
according to a fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period that revenue bonds of the district |
|
are outstanding; or |
|
(2) more than once in a 24-month period. (Acts 70th |
|
Leg., R.S., Ch. 1017, Sec. 6.01.) |
|
Sec. 1034.156. ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 70th |
|
Leg., R.S., Ch. 1017, Sec. 6.02.) |
|
Sec. 1034.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records shall be open |
|
to inspection during regular business hours at the district's |
|
principal office. (Acts 70th Leg., R.S., Ch. 1017, Sec. 6.03.) |
|
Sec. 1034.158. FINANCIAL REPORT. As soon as practicable |
|
after the close of the fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a sworn statement of the amount of district money; |
|
and |
|
(2) an account of the disbursements of that money. |
|
(Acts 70th Leg., R.S., Ch. 1017, Sec. 6.08.) |
|
Sec. 1034.159. DEPOSITORY. (a) The board shall select at |
|
least one bank to serve as a depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1034.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. This subsection does not limit the power of the board to: |
|
(1) place a part of district money on time deposit; or |
|
(2) purchase certificates of deposit. (Acts 70th |
|
Leg., R.S., Ch. 1017, Secs. 6.10(a), (b).) |
|
Sec. 1034.160. SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as provided by Sections 1034.111, 1034.201, 1034.204, and |
|
1034.205, the district may not incur a debt payable from district |
|
revenue other than the revenue on hand or to be on hand in the |
|
current and immediately following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 70th Leg., R.S., Ch. 1017, Sec. 6.09.) |
|
[Sections 1034.161-1034.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1034.201. GENERAL OBLIGATION BONDS. If authorized by |
|
an election, the board may issue and sell general obligation bonds |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements for hospital |
|
purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service. (Acts 70th Leg., R.S., Ch. 1017, Sec. 7.01.) |
|
Sec. 1034.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, the |
|
board shall impose an ad valorem tax at a rate sufficient to create |
|
an interest and sinking fund to pay the principal of and interest on |
|
the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 70th Leg., R.S., Ch. 1017, Sec. 7.02.) |
|
Sec. 1034.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order a bond election. |
|
(c) The order calling the election must specify: |
|
(1) the nature and date of the election; |
|
(2) the hours during which the polls will be open; |
|
(3) the location of the polling places; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. |
|
(e) The board shall declare the results of the election. |
|
(Acts 70th Leg., R.S., Ch. 1017, Sec. 7.03.) |
|
Sec. 1034.204. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; |
|
(2) acquire sites to be used for hospital purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service to assist the district in carrying out its hospital |
|
purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, |
|
Health and Safety Code, for issuance of revenue bonds by a county |
|
hospital authority. (Acts 70th Leg., R.S., Ch. 1017, Sec. 7.04.) |
|
Sec. 1034.205. REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) Refunding bonds may be: |
|
(1) sold, with the proceeds of the refunding bonds |
|
applied to the payment of outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 70th |
|
Leg., R.S., Ch. 1017, Secs. 7.05(a), (c) (part).) |
|
Sec. 1034.206. MATURITY OF BONDS. District bonds must |
|
mature not later than 50 years after the date of issuance. (Acts |
|
70th Leg., R.S., Ch. 1017, Sec. 7.06 (part).) |
|
Sec. 1034.207. EXECUTION OF BONDS. The board president |
|
shall execute district bonds in the district's name, and the board |
|
secretary shall countersign the bonds in the manner provided by |
|
Chapter 618, Government Code. (Acts 70th Leg., R.S., Ch. 1017, Sec. |
|
7.07.) |
|
Sec. 1034.208. BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or by a political subdivision |
|
of this state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 70th |
|
Leg., R.S., Ch. 1017, Sec. 7.11 (part).) |
|
[Sections 1034.209-1034.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1034.251. 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) district maintenance and operating expenses. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 70th |
|
Leg., R.S., Ch. 1017, Secs. 8.01(a) (part), (c), (d), 8.02(b).) |
|
Sec. 1034.252. 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) Unless the rate is increased as provided by Section |
|
1034.253, the tax rate for all purposes may not exceed 20 cents on |
|
each $100 valuation of all taxable property in the district. |
|
(c) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 70th |
|
Leg., R.S., Ch. 1017, Secs. 8.01(a) (part), (b), 8.03 (part).) |
|
Sec. 1034.253. ELECTION TO INCREASE MAXIMUM TAX RATE. (a) |
|
The board may order an election to increase the district's maximum |
|
tax rate to 75 cents on each $100 valuation of taxable property in |
|
the district. The board shall order the election if the board |
|
receives a petition requesting an election that is signed by at |
|
least 50 qualified voters in the district. |
|
(b) The ballot for the election shall be printed to permit |
|
voting for or against the proposition: "The imposition of annual |
|
taxes by the district for hospital purposes at a rate not to exceed |
|
75 cents on the $100 valuation of all taxable property in the |
|
district." |
|
(c) If the board finds that the election results favor the |
|
proposition, the board may impose taxes as authorized by the |
|
proposition. If the board finds that the election results do not |
|
favor the proposition, another election on the question of |
|
increasing the district's maximum tax rate may not be held before |
|
the first anniversary of the date of the most recent election at |
|
which voters disapproved the proposition. |
|
(d) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 70th Leg., R.S., Ch. |
|
1017, Secs. 8.01A(a), (b) (part), (c) (part), (d) (part).) |
|
Sec. 1034.254. TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 70th Leg., R.S., Ch. 1017, Sec. 8.04(b).) |
|
|
|
CHAPTER 1058. MCCAMEY COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1058.001. DEFINITIONS |
|
Sec. 1058.002. AUTHORITY FOR CREATION |
|
Sec. 1058.003. POLITICAL SUBDIVISION |
|
Sec. 1058.004. DISTRICT TERRITORY |
|
Sec. 1058.005. CONSOLIDATION OF DISTRICT AND RANKIN |
|
COUNTY HOSPITAL DISTRICT |
|
[Sections 1058.006-1058.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1058.051. BOARD ELECTION; TERM |
|
Sec. 1058.052. NOTICE OF ELECTION |
|
Sec. 1058.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1058.054. BOND; RECORD OF BOND AND OATH |
|
Sec. 1058.055. BOARD VACANCY |
|
Sec. 1058.056. OFFICERS |
|
Sec. 1058.057. VOTING REQUIREMENT |
|
Sec. 1058.058. RECORDS OF PROCEEDINGS |
|
Sec. 1058.059. DISTRICT ADMINISTRATOR |
|
Sec. 1058.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1058.061. ASSISTANT TO DISTRICT ADMINISTRATOR |
|
Sec. 1058.062. LEGAL COUNSEL |
|
Sec. 1058.063. RETIREMENT PROGRAM |
|
Sec. 1058.064. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1058.065. SEAL |
|
[Sections 1058.066-1058.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1058.101. DISTRICT RESPONSIBILITY |
|
Sec. 1058.102. RESTRICTION ON COUNTY OR MUNICIPAL |
|
TAXATION |
|
Sec. 1058.103. MANAGEMENT AND CONTROL OF DISTRICT |
|
Sec. 1058.104. EMINENT DOMAIN |
|
Sec. 1058.105. GIFTS AND ENDOWMENTS |
|
Sec. 1058.106. AWARD OF CERTAIN CONTRACTS |
|
Sec. 1058.107. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1058.108. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1058.109. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1058.110-1058.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1058.151. BUDGET |
|
Sec. 1058.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1058.153. FISCAL YEAR |
|
Sec. 1058.154. ANNUAL AUDIT |
|
Sec. 1058.155. FINANCIAL REPORT |
|
Sec. 1058.156. DEPOSITORY |
|
[Sections 1058.157-1058.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1058.201. GENERAL OBLIGATION BONDS |
|
Sec. 1058.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1058.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1058.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1058.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
[Sections 1058.206-1058.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1058.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1058.252. TAX RATE |
|
Sec. 1058.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR |
|
Sec. 1058.254. ELECTION FOR SEPARATE TAX ASSESSOR AND |
|
TAX COLLECTOR |
|
Sec. 1058.255. APPOINTMENT OF SEPARATE TAX ASSESSOR |
|
AND COLLECTOR |
|
CHAPTER 1058. MCCAMEY COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1058.001. 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 McCamey County Hospital |
|
District. (New.) |
|
Sec. 1058.002. AUTHORITY FOR CREATION. The McCamey 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 60th Leg., R.S., Ch. 183, |
|
Sec. 1 (part).) |
|
Sec. 1058.003. POLITICAL SUBDIVISION. The district is a |
|
political subdivision of this state. (Acts 60th Leg., R.S., Ch. |
|
183, Sec. 21 (part).) |
|
Sec. 1058.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of the McCamey |
|
Independent School District, as those boundaries existed on January |
|
1, 1967. (Acts 60th Leg., R.S., Ch. 183, Sec. 1 (part).) |
|
Sec. 1058.005. CONSOLIDATION OF DISTRICT AND RANKIN COUNTY |
|
HOSPITAL DISTRICT. (a) The McCamey County Hospital District may be |
|
consolidated into the Rankin County Hospital District as provided |
|
by this section. |
|
(b) On the request of 25 percent or more of the qualified |
|
taxpaying voters of each hospital district, the commissioners court |
|
of Upton County shall submit the consolidation proposal for vote. |
|
(c) Consolidation of the district and the Rankin County |
|
Hospital District must be separately approved by a two-thirds |
|
majority of the voters voting in each hospital district at an |
|
election ordered and held for that purpose. |
|
(d) At the consolidation election, five directors shall be |
|
elected to serve the consolidated district. |
|
(e) Not more than one consolidation election may be held |
|
after each general election. |
|
(f) Refunding bonds may be issued by the consolidated |
|
district to refund any outstanding bonds, including bonds issued by |
|
the district on consolidation, original bonds, and refunding bonds. |
|
Additional funding may be provided as authorized by this chapter. |
|
(Acts 60th Leg., R.S., Ch. 183, Sec. 18.) |
|
[Sections 1058.006-1058.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1058.051. BOARD ELECTION; TERM. (a) The board |
|
consists of five directors elected by the district voters. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code, directors serve staggered two-year |
|
terms with the terms of two or three directors expiring each year as |
|
appropriate. (Acts 60th Leg., R.S., Ch. 183, Sec. 3 (part).) |
|
Sec. 1058.052. NOTICE OF ELECTION. At least 30 days before |
|
the date of a directors' election, notice of the election must be |
|
published one time in a newspaper of general circulation in Upton |
|
County. (Acts 60th Leg., R.S., Ch. 183, Sec. 3 (part).) |
|
Sec. 1058.053. QUALIFICATIONS FOR OFFICE. (a) To qualify |
|
for election to the board, a person must: |
|
(1) be at least 18 years of age; |
|
(2) have been a resident of the district for at least |
|
two years; |
|
(3) be a qualified voter; and |
|
(4) own taxable property in the district and have duly |
|
rendered that property for taxation. |
|
(b) An elective or appointed officer of this state or a |
|
political subdivision, including Upton County, is not qualified for |
|
election to the board. (Acts 60th Leg., R.S., Ch. 183, Sec. 3 |
|
(part).) |
|
Sec. 1058.054. BOND; RECORD OF BOND AND OATH. (a) Each |
|
director shall qualify 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 of office |
|
must be deposited with the district's depository bank for |
|
safekeeping. (Acts 60th Leg., R.S., Ch. 183, Sec. 3 (part).) |
|
Sec. 1058.055. BOARD VACANCY. (a) The remaining directors |
|
by appointment shall fill a vacancy in the office of director. |
|
(b) An appointed replacement serves until the next election |
|
for directors. An elected director serves only for the remainder of |
|
the unexpired term. (Acts 60th Leg., R.S., Ch. 183, Sec. 3 (part).) |
|
Sec. 1058.056. OFFICERS. (a) The board shall elect a |
|
presiding officer. |
|
(b) A presiding officer pro tem shall preside in the absence |
|
of the presiding officer. |
|
(c) The district administrator or any director may be |
|
appointed secretary. (Acts 60th Leg., R.S., Ch. 183, Sec. 3 |
|
(part).) |
|
Sec. 1058.057. VOTING REQUIREMENT. A concurrence of three |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 60th Leg., R.S., Ch. 183, Sec. 3 (part).) |
|
Sec. 1058.058. RECORDS OF PROCEEDINGS. (a) The board shall |
|
require the board secretary to keep suitable records of all |
|
proceedings of each board meeting. |
|
(b) After each meeting: |
|
(1) the member presiding at the meeting shall read and |
|
sign the record; and |
|
(2) the board secretary shall attest the record. |
|
(Acts 60th Leg., R.S., Ch. 183, Sec. 3 (part).) |
|
Sec. 1058.059. DISTRICT ADMINISTRATOR. (a) The board |
|
shall appoint a general manager to be known as the district |
|
administrator. |
|
(b) The district administrator must be a qualified |
|
practitioner of medicine or be specifically trained for work of |
|
that type. The district administrator may not be a director. |
|
(c) The district administrator receives the compensation |
|
determined by the board. |
|
(d) The district administrator serves at the pleasure of the |
|
board, and the board may remove the district administrator at any |
|
time. |
|
(e) 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 any other condition the board requires. |
|
(Acts 60th Leg., R.S., Ch. 183, Sec. 4 (part).) |
|
Sec. 1058.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to any 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. 183, Sec. 4 (part).) |
|
Sec. 1058.061. ASSISTANT TO DISTRICT ADMINISTRATOR. (a) |
|
The board may designate an assistant to the district administrator |
|
to discharge a duty or function of the administrator in the event of |
|
the administrator's incapacity, absence, or inability to discharge |
|
the duty or function. |
|
(b) The assistant shall post the bond required by board |
|
order. |
|
(c) The assistant is subject to any limitations prescribed |
|
by board order. (Acts 60th Leg., R.S., Ch. 183, Sec. 5.) |
|
Sec. 1058.062. LEGAL COUNSEL. The board may employ legal |
|
counsel to represent the district in all legal matters. (Acts 60th |
|
Leg., R.S., Ch. 183, Sec. 20.) |
|
Sec. 1058.063. RETIREMENT PROGRAM. (a) With the approval |
|
of the commissioners court of Upton County, the board may contract |
|
with this state or the federal government as necessary to establish |
|
or continue a retirement program for the benefit of district |
|
employees. |
|
(b) The board may establish other retirement programs for |
|
the benefit of district employees as it considers necessary and |
|
advisable. (Acts 60th Leg., R.S., Ch. 183, Sec. 4 (part).) |
|
Sec. 1058.064. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
All district records, including books, accounts, notices, and |
|
minutes, and all other matters of the district and the operation of |
|
its facilities shall be: |
|
(1) maintained at the district office; and |
|
(2) open to public inspection at the district office |
|
at all reasonable hours. (Acts 60th Leg., R.S., Ch. 183, Sec. 9 |
|
(part).) |
|
Sec. 1058.065. SEAL. The board shall have a seal engraved |
|
with the district's name to authenticate the board's acts. The |
|
board secretary shall keep the seal. (Acts 60th Leg., R.S., Ch. |
|
183, Sec. 3 (part).) |
|
[Sections 1058.066-1058.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1058.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy and indigent residents. (Acts 60th Leg., R.S., |
|
Ch. 183, Sec. 11 (part).) |
|
Sec. 1058.102. RESTRICTION ON COUNTY OR MUNICIPAL TAXATION. |
|
Any part of a county or a municipality, any part of which is in the |
|
district, may not impose a tax for hospital purposes. (Acts 60th |
|
Leg., R.S., Ch. 183, Sec. 11 (part).) |
|
Sec. 1058.103. MANAGEMENT AND CONTROL OF DISTRICT. The |
|
management and control of the district is vested in the board. |
|
(Acts 60th Leg., R.S., Ch. 183, Sec. 3 (part).) |
|
Sec. 1058.104. 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 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 otherwise |
|
required 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. 183, |
|
Sec. 17.) |
|
Sec. 1058.105. 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 any |
|
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. 183, |
|
Sec. 16.) |
|
Sec. 1058.106. AWARD OF CERTAIN CONTRACTS. (a) The board, |
|
on behalf of the district, may enter into a contract that exceeds |
|
$2,000 only with the lowest qualified bidder. |
|
(b) Before awarding a contract under this section, notice |
|
must be given by: |
|
(1) advertising in one or more newspapers of general |
|
circulation in this state, once a week for four weeks; and |
|
(2) posting a notice for at least 25 days at four |
|
public places in Upton County, including: |
|
(A) at the courthouse door; and |
|
(B) in at least two other places in the district. |
|
(c) On application by a person who wants to bid on the |
|
contract, the board shall provide to the person: |
|
(1) a copy of the plans and specifications; or |
|
(2) other data necessary to make the bid. |
|
(d) A bid under this section must be in writing, sealed, and |
|
delivered to the presiding officer of the board together with a |
|
certified check for at least five percent of the total amount of the |
|
bid. |
|
(e) If the bidder's bid is accepted but the bidder refuses a |
|
proper contract with the board, the certified check required by |
|
Subsection (d) is forfeited to the district. |
|
(f) The board may reject a bid under this section that the |
|
board considers too high. (Acts 60th Leg., R.S., Ch. 183, Sec. 13 |
|
(part).) |
|
Sec. 1058.107. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. With the approval of the commissioners court |
|
of Upton County, the board may contract with: |
|
(1) a county other than Upton County for the care and |
|
treatment of sick or injured persons of that county; and |
|
(2) this state or a federal agency for the care and |
|
treatment of a sick or injured person for whom this state or the |
|
federal government is responsible. (Acts 60th Leg., R.S., Ch. 183, |
|
Sec. 4 (part).) |
|
Sec. 1058.108. PAYMENT FOR TREATMENT; PROCEDURES. (a) When |
|
a patient from the district is admitted to a district facility, the |
|
district administrator shall have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives legally liable for the |
|
patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay for all or part of the |
|
patient's care and treatment in the hospital, the expense of that |
|
care becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives are liable to pay for all or part of the |
|
patient's care and treatment, the patient or those relatives shall |
|
be ordered to pay the district's treasurer a specified amount each |
|
week for the patient's support. The amount ordered must be |
|
proportionate to the 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 those relatives 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, or a doubt in the district |
|
administrator's mind, as to the ability to pay, the board shall hold |
|
a hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate order. |
|
(f) Either party to the dispute may appeal the district's |
|
order to the district court. The appeal is by trial de novo as that |
|
term is used in appeals from the justice courts to the county |
|
courts. (Acts 60th Leg., R.S., Ch. 183, Sec. 15.) |
|
Sec. 1058.109. AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district may sue and be sued in the |
|
district's own name in any court of this state. (Acts 60th Leg., |
|
R.S., Ch. 183, Sec. 21 (part).) |
|
[Sections 1058.110-1058.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1058.151. BUDGET. The board annually shall require a |
|
budget to be prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 60th Leg., R.S., Ch. 183, Sec. 9 (part).) |
|
Sec. 1058.152. PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in Upton County not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district taxpayer is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. (Acts 60th Leg., R.S., Ch. 183, Sec. 9 (part).) |
|
Sec. 1058.153. FISCAL YEAR. The district's fiscal year |
|
begins on October 1 and ends on September 30. (Acts 60th Leg., |
|
R.S., Ch. 183, Sec. 9 (part).) |
|
Sec. 1058.154. ANNUAL AUDIT. (a) The board annually shall |
|
have an independent audit made of the district's books and records |
|
for the preceding fiscal year. |
|
(b) Not later than December 31 of each year, the audit shall |
|
be filed: |
|
(1) with the county clerk of Upton County; and |
|
(2) at the district office. (Acts 60th Leg., R.S., Ch. |
|
183, Sec. 9 (part).) |
|
Sec. 1058.155. FINANCIAL REPORT. (a) The board and the |
|
district administrator shall annually prepare a report under oath |
|
that includes: |
|
(1) a complete statement of: |
|
(A) all money and choses in action; and |
|
(B) how the money and choses in action were |
|
disbursed or otherwise disposed; |
|
(2) the details of district operation during the |
|
preceding fiscal year; and |
|
(3) a full and complete list of all delinquent |
|
accounts owing and due the district, including names and addresses |
|
of delinquent debtors. |
|
(b) The report shall be filed in: |
|
(1) the district office; and |
|
(2) the office of the county clerk of Upton County. |
|
(Acts 60th Leg., R.S., Ch. 183, Sec. 9 (part).) |
|
Sec. 1058.156. DEPOSITORY. (a) The board shall designate |
|
one or more banks in the district to serve as a depository for |
|
district money. |
|
(b) All district money shall be immediately deposited on |
|
receipt with a depository bank, except that sufficient money must |
|
be remitted to an appropriate bank to pay the principal of and |
|
interest on the district's outstanding bonds, or other obligations |
|
assumed by the district, 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 that bank from being |
|
designated as depository. (Acts 60th Leg., R.S., Ch. 183, Secs. 6 |
|
(part), 10.) |
|
[Sections 1058.157-1058.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1058.201. 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 the purchase, |
|
construction, acquisition, repair, or renovation of buildings or |
|
improvements and equipping buildings or improvements for hospital |
|
purposes. (Acts 60th Leg., R.S., Ch. 183, Sec. 7 (part).) |
|
Sec. 1058.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
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 general obligation bonds issued under Section 1058.201 |
|
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 all taxable property in the |
|
district. (Acts 60th Leg., R.S., Ch. 183, Secs. 6 (part), 7 |
|
(part).) |
|
Sec. 1058.203. 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 on its own motion. |
|
(c) The order must specify: |
|
(1) the location of the polling places; |
|
(2) the presiding election officers; |
|
(3) the purpose for which the bonds are to be issued; |
|
(4) the amount of the bonds; |
|
(5) the maximum interest rate of the bonds; and |
|
(6) the maximum maturity date of the bonds. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the order in a newspaper of general circulation |
|
in the district once each week for two consecutive weeks before the |
|
date of the election. The first publication must occur at least 20 |
|
days before the date set for the election. (Acts 60th Leg., R.S., |
|
Ch. 183, Sec. 7 (part).) |
|
Sec. 1058.204. MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 60th Leg., R.S., Ch. 183, |
|
Sec. 7 (part).) |
|
Sec. 1058.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board's presiding officer shall execute the general obligation |
|
bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
60th Leg., R.S., Ch. 183, Sec. 7 (part).) |
|
[Sections 1058.206-1058.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1058.251. IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the budget, the board shall impose a tax on all taxable |
|
property in the district subject to district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued or assumed by the district for hospital purposes as |
|
provided by this chapter; |
|
(2) provide for the maintenance and operation of the |
|
hospital or hospital system; |
|
(3) make improvements and additions to the district's |
|
hospital system; and |
|
(4) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 60th Leg., R.S., Ch. 183, |
|
Secs. 6 (part), 9 (part).) |
|
Sec. 1058.252. 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 60th Leg., R.S., Ch. 183, Secs. 2 |
|
(part), 6 (part).) |
|
Sec. 1058.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR. Unless an election is held under Section |
|
1058.254, the tax assessor-collector of Upton County shall assess |
|
and collect taxes imposed by the district. (Acts 60th Leg., R.S., |
|
Ch. 183, Secs. 6 (part), 9 (part).) |
|
Sec. 1058.254. ELECTION FOR SEPARATE TAX ASSESSOR AND TAX |
|
COLLECTOR. (a) On receipt of a petition signed by a number of |
|
district voters equal to at least five percent of the taxpaying |
|
voters of the district, the court may order an election to determine |
|
whether the district shall have a separate tax assessor and tax |
|
collector for the assessment and collection of district taxes. |
|
(b) Notice of the election shall be given as required by |
|
Section 1058.052. (Acts 60th Leg., R.S., Ch. 183, Sec. 19 (part).) |
|
Sec. 1058.255. APPOINTMENT OF SEPARATE TAX ASSESSOR AND |
|
COLLECTOR. If the appointment of a separate tax assessor and |
|
separate tax collector is approved by a two-thirds majority vote of |
|
the district voters voting at an election held under Section |
|
1058.254, the board shall appoint: |
|
(1) a suitable person as tax assessor; and |
|
(2) a suitable person as tax collector. (Acts 60th Leg., R.S., Ch. 183, Sec. 19 (part).) |
|
|
|
CHAPTER 1069. NACOGDOCHES COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1069.001. DEFINITIONS |
|
Sec. 1069.002. AUTHORITY FOR OPERATION |
|
Sec. 1069.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1069.004. DISTRICT TERRITORY |
|
Sec. 1069.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1069.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1069.007-1069.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1069.051. BOARD ELECTION; TERM |
|
Sec. 1069.052. NOTICE OF ELECTION |
|
Sec. 1069.053. BALLOT PETITION |
|
Sec. 1069.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1069.055. BOARD VACANCY |
|
Sec. 1069.056. OFFICERS |
|
Sec. 1069.057. QUORUM; VOTING REQUIREMENT |
|
Sec. 1069.058. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1069.059. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1069.060. APPOINTMENT OF STAFF AND EMPLOYEES |
|
Sec. 1069.061. RETIREMENT BENEFITS |
|
[Sections 1069.062-1069.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1069.101. DISTRICT RESPONSIBILITY |
|
Sec. 1069.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1069.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1069.104. HOSPITAL SYSTEM |
|
Sec. 1069.105. RULES |
|
Sec. 1069.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1069.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1069.108. EMINENT DOMAIN |
|
Sec. 1069.109. GIFTS AND ENDOWMENTS |
|
Sec. 1069.110. CHARITABLE ORGANIZATION |
|
Sec. 1069.111. NONPROFIT CORPORATION |
|
Sec. 1069.112. CONSTRUCTION OR EQUIPMENT PURCHASE |
|
CONTRACTS |
|
Sec. 1069.113. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1069.114. CONTRACTS FOR CARE AND TREATMENT |
|
Sec. 1069.115. CONTRACTS WITH POLITICAL SUBDIVISION |
|
FOR SERVICES |
|
Sec. 1069.116. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1069.117. REIMBURSEMENT FOR SERVICE |
|
Sec. 1069.118. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1069.119-1069.150 reserved for expansion] |
|
SUBCHAPTER D. CHANGE IN BOUNDARIES |
|
Sec. 1069.151. PETITION TO EXPAND DISTRICT TERRITORY |
|
Sec. 1069.152. HEARING |
|
Sec. 1069.153. ORDER OF ANNEXATION |
|
Sec. 1069.154. RATIFICATION ELECTION |
|
Sec. 1069.155. ASSUMPTION OF DEBT AND TAXES |
|
Sec. 1069.156. BALLOT |
|
[Sections 1069.157-1069.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1069.201. BUDGET |
|
Sec. 1069.202. NOTICE; HEARING; APPROVAL OF BUDGET |
|
Sec. 1069.203. AMENDMENTS TO BUDGET |
|
Sec. 1069.204. RESTRICTION ON EXPENDITURES |
|
Sec. 1069.205. FISCAL YEAR |
|
Sec. 1069.206. AUDIT |
|
Sec. 1069.207. INSPECTION OF AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1069.208. FINANCIAL REPORT |
|
Sec. 1069.209. DEPOSITORY |
|
Sec. 1069.210. SPENDING RESTRICTIONS |
|
Sec. 1069.211. ECONOMIC DEVELOPMENT |
|
Sec. 1069.212. AUTHORITY TO BORROW MONEY |
|
[Sections 1069.213-1069.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS |
|
Sec. 1069.251. GENERAL OBLIGATION BONDS |
|
Sec. 1069.252. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1069.253. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1069.254. REFUNDING BONDS |
|
Sec. 1069.255. MATURITY OF BONDS |
|
Sec. 1069.256. EXECUTION OF BONDS |
|
Sec. 1069.257. OTHER OBLIGATIONS |
|
Sec. 1069.258. BONDS EXEMPT FROM TAXATION |
|
[Sections 1069.259-1069.300 reserved for expansion] |
|
SUBCHAPTER G. TAXES |
|
Sec. 1069.301. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1069.302. TAX RATE |
|
Sec. 1069.303. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR |
|
Sec. 1069.304. ASSESSMENT AND COLLECTION BY DISTRICT |
|
TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1069. NACOGDOCHES COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1069.001. 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 Nacogdoches County Hospital |
|
District. (New.) |
|
Sec. 1069.002. AUTHORITY FOR OPERATION. The Nacogdoches |
|
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 60th Leg., R.S., Ch. 431, |
|
Sec. 1 (part).) |
|
|
Sec. 1069.003. ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 60th Leg., R.S., Ch. 431, Sec. 21 (part).) |
|
Sec. 1069.004. DISTRICT TERRITORY. Unless the district's |
|
boundaries are expanded under Subchapter D, the boundaries of the |
|
district are coextensive with the boundaries of Nacogdoches County, |
|
Texas. (Acts 60th Leg., R.S., Ch. 431, Sec. 1 (part); New.) |
|
Sec. 1069.005. 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 60th |
|
Leg., R.S., Ch. 431, Sec. 20 (part).) |
|
Sec. 1069.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 60th Leg., R.S., Ch. 431, Sec. 20 (part).) |
|
[Sections 1069.007-1069.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1069.051. BOARD ELECTION; TERM. (a) The board |
|
consists of: |
|
(1) one director elected from each commissioners |
|
precinct; and |
|
(2) three directors elected from the district at |
|
large. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; and |
|
(2) an election shall be held annually on the May |
|
uniform election date to elect the appropriate number of directors. |
|
(Acts 60th Leg., R.S., Ch. 431, Sec. 4 (part); New.) |
|
Sec. 1069.052. NOTICE OF ELECTION. At least 10 days before |
|
the date of a directors' election, notice of the election must be |
|
published one time in a newspaper of general circulation in the |
|
county. (Acts 60th Leg., R.S., Ch. 431, Sec. 4 (part).) |
|
Sec. 1069.053. BALLOT PETITION. (a) A person who wants to |
|
have the person's name printed on the ballot as a candidate for |
|
director must file with the board secretary a petition requesting |
|
that action. The petition must: |
|
(1) be signed by not fewer than 25 qualified voters; |
|
(2) be filed by the deadline imposed by Section |
|
144.005, Election Code; and |
|
(3) specify the commissioners precinct the person |
|
wants to represent or specify that the person wants to represent the |
|
district at large. |
|
(b) The board secretary may accept the petition only if it |
|
is accompanied by evidence showing that the candidate has the |
|
qualifications required by Section 1069.054. (Acts 60th Leg., R.S., |
|
Ch. 431, Sec. 4 (part).) |
|
Sec. 1069.054. QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to be a candidate for or to serve as a director, a person |
|
must be: |
|
(1) a resident of the district; and |
|
(2) a qualified voter. |
|
(b) A director elected or appointed to represent a |
|
commissioners precinct must be a resident of that commissioners |
|
precinct. |
|
(c) A district employee may not serve as a director. (Acts |
|
60th Leg., R.S., Ch. 431, Sec. 4 (part).) |
|
Sec. 1069.055. 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 |
|
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 60th Leg., R.S., Ch. 431, Sec. 4 (part).) |
|
Sec. 1069.056. 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 a one-year term. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 60th Leg., R.S., Ch. 431, Sec. 4 (part).) |
|
Sec. 1069.057. QUORUM; VOTING REQUIREMENT. (a) Any four |
|
directors constitute a quorum. |
|
(b) A majority of the directors voting must concur in any |
|
matter relating to district business. (Acts 60th Leg., R.S., Ch. |
|
431, Sec. 4 (part).) |
|
Sec. 1069.058. 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 receive the |
|
compensation determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains any other condition the board requires. |
|
(Acts 60th Leg., R.S., Ch. 431, Sec. 5 (part).) |
|
Sec. 1069.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to any limitation 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 60th |
|
Leg., R.S., Ch. 431, Sec. 5 (part).) |
|
Sec. 1069.060. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The |
|
board may appoint to the staff any doctors and employ any |
|
technician, nurse, or other employee the board considers necessary |
|
for the efficient operation of the district. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys as the board considers proper. |
|
(c) The board may provide that the district administrator |
|
has the authority to employ district employees, including |
|
technicians and nurses. (Acts 60th Leg., R.S., Ch. 431, Secs. 5 |
|
(part), 16.) |
|
Sec. 1069.061. 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 60th Leg., R.S., Ch. |
|
431, Sec. 16A.) |
|
[Sections 1069.062-1069.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1069.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating all hospital facilities for |
|
providing medical and hospital care for the district's needy |
|
inhabitants. (Acts 60th Leg., R.S., Ch. 431, Sec. 19 (part).) |
|
Sec. 1069.102. 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 60th Leg., |
|
R.S., Ch. 431, Sec. 19 (part).) |
|
Sec. 1069.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the district's |
|
hospitals and hospital system. (Acts 60th Leg., R.S., Ch. 431, Sec. |
|
5 (part).) |
|
Sec. 1069.104. HOSPITAL SYSTEM. (a) The district shall |
|
provide for: |
|
(1) the establishment of a hospital system by: |
|
(A) purchasing, constructing, acquiring, |
|
repairing, or renovating buildings and equipment; and |
|
(B) equipping the buildings; and |
|
(2) the administration of the hospital system for |
|
hospital purposes. |
|
(b) The hospital system may include: |
|
(1) domiciliary care and treatment of the sick, |
|
injured, or geriatric; |
|
(2) outpatient clinics; |
|
(3) dispensaries; |
|
(4) convalescent home facilities; |
|
(5) necessary nurses; |
|
(6) domiciliaries and training centers; |
|
(7) blood banks; |
|
(8) community mental health centers; |
|
(9) research centers or laboratories; and |
|
(10) any other facilities the board considers |
|
necessary for hospital care. (Acts 60th Leg., R.S., Ch. 431, Secs. |
|
2 (part), 9(c).) |
|
Sec. 1069.105. RULES. The board may adopt rules for the |
|
operation of the district, including rules governing: |
|
(1) the operation of the hospital and hospital system; |
|
(2) the duties, functions, and responsibilities of |
|
district staff and employees; and |
|
(3) the acquisition of goods or services. (Acts 60th |
|
Leg., R.S., Ch. 431, Secs. 5 (part), 10(d) (part), 16B.) |
|
Sec. 1069.106. PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
Except as provided by Section 1069.112, the board may prescribe: |
|
(1) procedures for the acquisition of goods or |
|
services, including the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. |
|
(b) In making purchases, the board may determine the method |
|
of purchase that provides the best value to the district, |
|
including: |
|
(1) competitive bidding; |
|
(2) competitive sealed proposals; |
|
(3) catalogue purchase; |
|
(4) a group purchasing program; or |
|
(5) an open market contract. |
|
(c) In determining what is the best value to the district, |
|
the board shall consider: |
|
(1) the purchase price; |
|
(2) the reputation of the vendor and of the vendor's |
|
goods or services; |
|
(3) the quality of the vendor's goods or services; |
|
(4) the extent to which the goods or services meet the |
|
district's needs; |
|
(5) the vendor's past relationship with the district; |
|
(6) the total long-term cost to the district of |
|
acquiring the vendor's goods or services; and |
|
(7) any other relevant factor that a private business |
|
entity would consider in selecting a vendor. |
|
(d) The state auditor may audit purchases of goods or |
|
services by the district. |
|
(e) To the extent of any conflict, this section prevails |
|
over any other law relating to the purchasing of goods and services. |
|
(f) Chapters 2151 and 2254, Government Code, do not apply to |
|
purchases of goods and services made under this section. |
|
(g) The board may incur an obligation, including a lease or |
|
lease-purchase agreement for real property, facilities, or |
|
equipment for use in the hospital system, payable from the pledged |
|
sales and use tax revenue of the district. (Acts 60th Leg., R.S., |
|
Ch. 431, Secs. 10(a), (b), (c), (d) (part), (e), (f), (g).) |
|
Sec. 1069.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The board may: |
|
(1) acquire real property, facilities, and equipment |
|
for the district for use in the hospital system in the manner |
|
determined by the board; |
|
(2) lease to physicians, individuals, companies, |
|
corporations, or other legal entities or acquire by lease or by |
|
lease-purchase agreement real property, facilities, or equipment |
|
for use in the hospital system on terms the board determines are in |
|
the best interest of district residents; and |
|
(3) sell or otherwise dispose of district real |
|
property, facilities, or equipment on terms the board determines |
|
are in the best interest of district residents. |
|
(c) The district may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the acquired |
|
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. (Acts 60th Leg., R.S., Ch. 431, Secs. |
|
9(a), (b), 10(j).) |
|
Sec. 1069.108. 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 to 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 that the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. (Acts 60th Leg., R.S., Ch. 431, |
|
Sec. 14.) |
|
Sec. 1069.109. 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 any direction, |
|
limitation, or other provision 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. 431, Sec. 18(a).) |
|
Sec. 1069.110. CHARITABLE ORGANIZATION. (a) In this |
|
section, "charitable organization" means an organization that is |
|
eligible for an exemption from federal income tax under Section |
|
501(a), Internal Revenue Code of 1986, by being listed as an exempt |
|
organization by Section 501(c)(3) or (4) of that 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 60th Leg., R.S., Ch. 431, Sec. |
|
18(b).) |
|
Sec. 1069.111. 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 60th Leg., R.S., Ch. 431, Sec. 18(c).) |
|
Sec. 1069.112. CONSTRUCTION OR EQUIPMENT PURCHASE |
|
CONTRACTS. A contract for construction or the purchase of |
|
equipment that involves the expenditure of more than $25,000 may be |
|
made only after advertising in the manner provided by Subchapter B, |
|
Chapter 271, Local Government Code. (Acts 60th Leg., R.S., Ch. 431, |
|
Sec. 10(i) (part).) |
|
Sec. 1069.113. OPERATING AND MANAGEMENT CONTRACTS. The |
|
district, through its board, may enter into an operating or |
|
management contract relating to a district facility. (Acts 60th |
|
Leg., R.S., Ch. 431, Sec. 9(d).) |
|
Sec. 1069.114. CONTRACTS 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 60th |
|
Leg., R.S., Ch. 431, Sec. 5 (part).) |
|
Sec. 1069.115. CONTRACTS WITH POLITICAL SUBDIVISION FOR |
|
SERVICES. The board may contract with a political subdivision of |
|
this state or with a state or federal agency for the district to: |
|
(1) furnish a mobile emergency medical service; |
|
(2) provide for the investigatory or welfare needs of |
|
district inhabitants; or |
|
(3) provide a rural health clinic to care for the |
|
inhabitants of the contracting political subdivision. (Acts 60th |
|
Leg., R.S., Ch. 431, Sec. 16C.) |
|
Sec. 1069.116. 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 legally liable for the |
|
patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay for all or part of the |
|
patient's care and treatment in the hospital, the amount 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 administrator shall issue an order |
|
directing the patient or those relatives to pay the district a |
|
specified amount during an agreed term for the patient's care and |
|
support. The amount ordered must be proportionate to their |
|
financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from those relatives 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 order. |
|
(f) The final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 60th Leg., R.S., Ch. 431, Secs. 17(b), (c), (d), (e), |
|
(f).) |
|
Sec. 1069.117. REIMBURSEMENT FOR SERVICE. (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 a county or the |
|
police chief of a municipality to reimburse the district for the |
|
district's care and treatment of a person confined in a jail |
|
facility of the county or municipality who is not a district |
|
resident. |
|
(c) The board may contract with the state or federal |
|
government for that government to reimburse the district for |
|
treatment of a sick or injured person. (Acts 60th Leg., R.S., Ch. |
|
431, Sec. 16E.) |
|
Sec. 1069.118. AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 60th Leg., R.S., Ch. |
|
431, Sec. 5 (part).) |
|
[Sections 1069.119-1069.150 reserved for expansion] |
|
SUBCHAPTER D. CHANGE IN BOUNDARIES |
|
Sec. 1069.151. PETITION TO EXPAND DISTRICT |
|
TERRITORY. (a) Registered voters of a defined territory not |
|
included in the district may file a petition with the board |
|
secretary requesting inclusion of the territory in the district. |
|
(b) The petition must be signed by at least 50 registered |
|
voters of the territory or a majority of those voters, whichever is |
|
fewer. (Acts 60th Leg., R.S., Ch. 431, Sec. 16D(a).) |
|
Sec. 1069.152. HEARING. (a) The board by order shall set |
|
a time and place to hold a hearing on a petition to include a defined |
|
territory in the district. |
|
(b) The board shall set a date for the hearing that is after |
|
the 30th day after the date the board issues the order. (Acts 60th |
|
Leg., R.S., Ch. 431, Sec. 16D(b).) |
|
Sec. 1069.153. ORDER OF ANNEXATION. (a) If, after a |
|
hearing under Section 1069.152, the board finds that annexation of |
|
the defined territory into the district would be feasible and would |
|
benefit the district, the board may approve the annexation by a |
|
resolution entered in its minutes. |
|
(b) The board is not required to include in the annexation |
|
all territory described in the petition if the board finds that a |
|
modification or change is necessary or desirable. (Acts 60th Leg., |
|
R.S., Ch. 431, Sec. 16D(c).) |
|
Sec. 1069.154. RATIFICATION ELECTION. (a) Annexation of |
|
territory is final when approved by a majority of the voters at: |
|
(1) an election held in the district; and |
|
(2) a separate election held in the territory proposed |
|
to be annexed. |
|
(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 form of the ballot; and |
|
(4) the presiding and alternate election judges for |
|
each polling place. |
|
(c) Notice of the election shall be given by publishing a |
|
substantial copy of the election order in a newspaper of general |
|
circulation in the county once each week for two consecutive weeks. |
|
The first publication must occur at least 30 days before the date of |
|
the election. |
|
(d) Section 41.001(a), Election Code, does not apply to an |
|
election held under this section. (Acts 60th Leg., R.S., Ch. 431, |
|
Secs. 3 (part), 16D(d) (part), (f) (part).) |
|
Sec. 1069.155. ASSUMPTION OF DEBT AND TAXES. If the |
|
district has outstanding debts or taxes, the voters in an election |
|
to approve annexation under Section 1069.154 must determine whether |
|
the annexed territory will assume its portion of the debts or taxes |
|
on annexation. (Acts 60th Leg., R.S., Ch. 431, Sec. 16D(d) (part).) |
|
Sec. 1069.156. BALLOT. The ballot for an election under |
|
Section 1069.154 shall be printed to permit voting for or against |
|
the following, as applicable: |
|
(1) "Adding (description of territory to be added) to |
|
the Nacogdoches County Hospital District." |
|
(2) "(Description of territory to be added) assuming |
|
its proportionate share of the outstanding debts and taxes of the |
|
Nacogdoches County Hospital District, if it is added to the |
|
district." (Acts 60th Leg., R.S., Ch. 431, Sec. 16D(e).) |
|
[Sections 1069.157-1069.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1069.201. 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) cash on hand to the credit of each district fund; |
|
(3) money received by the district from all sources |
|
during the previous year; |
|
(4) 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 60th Leg., |
|
R.S., Ch. 431, Sec. 6 (part).) |
|
Sec. 1069.202. NOTICE; HEARING; APPROVAL OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) Notice of the hearing must be published one time at |
|
least 10 days before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall act on |
|
the budget as proposed by the board president. The board may make |
|
any changes in the proposed budget that the board judges to be in |
|
the interest of the taxpayers and the law warrants. The budget must |
|
be approved by the board. (Acts 60th Leg., R.S., Ch. 431, Sec. 6 |
|
(part).) |
|
Sec. 1069.203. AMENDMENTS TO BUDGET. The annual budget may |
|
be amended as required by circumstances. The board must approve all |
|
amendments. (Acts 60th Leg., R.S., Ch. 431, Sec. 6 (part).) |
|
Sec. 1069.204. RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the annual budget or an |
|
amendment to the budget. (Acts 60th Leg., R.S., Ch. 431, Sec. 6 |
|
(part).) |
|
Sec. 1069.205. FISCAL YEAR. The district operates |
|
according to a fiscal year that begins on July 1 and ends on June 30. |
|
(Acts 60th Leg., R.S., Ch. 431, Sec. 6 (part).) |
|
Sec. 1069.206. AUDIT. The district shall have an audit made |
|
of the district's financial condition. (Acts 60th Leg., R.S., Ch. |
|
431, Sec. 6 (part).) |
|
Sec. 1069.207. INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
The audit and other district records shall be open to inspection at |
|
the district's principal office. (Acts 60th Leg., R.S., Ch. 431, |
|
Sec. 6 (part).) |
|
Sec. 1069.208. 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 60th Leg., R.S., Ch. 431, Sec. 6 (part).) |
|
Sec. 1069.209. DEPOSITORY. (a) The board shall select one |
|
or more banks in the district to serve as a depository for district |
|
money. |
|
(b) All district money shall be immediately deposited on |
|
receipt with a depository bank, except that sufficient money must |
|
be remitted to the place or places designated as agent for the |
|
payment of principal of and interest on the district's outstanding |
|
bonds or other obligations assumed by the district in time for the |
|
agent to make that payment on or before the maturity date of the |
|
principal and interest. |
|
(c) To the extent that money in a depository bank is not |
|
insured by the Federal Deposit Insurance Corporation, the money |
|
must be secured in the manner provided by law for the security of |
|
county funds. |
|
(d) Membership on the district's board of an officer or |
|
director of a bank does not disqualify the bank from being |
|
designated as depository. (Acts 60th Leg., R.S., Ch. 431, Sec. 11.) |
|
Sec. 1069.210. SPENDING RESTRICTIONS. Except as provided |
|
by Sections 1069.106, 1069.107, and 1069.211 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 immediately following district fiscal years. (Acts |
|
60th Leg., R.S., Ch. 431, Sec. 10(l).) |
|
Sec. 1069.211. ECONOMIC DEVELOPMENT. The district may |
|
allocate a portion of its annual sales and use tax revenue, not to |
|
exceed one-fourth of one percent, to encourage economic development |
|
in the district as described by Section 52-a, Article III, Texas |
|
Constitution. (Acts 60th Leg., R.S., Ch. 431, Sec. 10(k).) |
|
Sec. 1069.212. AUTHORITY TO BORROW MONEY. (a) Pending |
|
receipt of accounts receivable, the board may borrow money for the |
|
payment of maintenance and operating expenses of the district. |
|
(b) A loan obtained by the district under this section must |
|
be repaid not later than one year after the date on which the loan is |
|
made. (Acts 60th Leg., R.S., Ch. 431, Sec. 10(h).) |
|
[Sections 1069.213-1069.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS |
|
Sec. 1069.251. GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to the purchase, |
|
construction, acquisition, repair, or renovation of buildings or |
|
improvements and equipping of buildings or improvements for |
|
hospital purposes. (Acts 60th Leg., R.S., Ch. 431, Sec. 7(a) |
|
(part).) |
|
Sec. 1069.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, 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 imposed for the district 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 60th Leg., |
|
R.S., Ch. 431, Sec. 7(a) (part).) |
|
Sec. 1069.253. 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 a bond 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 60th Leg., R.S., Ch. 431, |
|
Sec. 7(a) (part).) |
|
Sec. 1069.254. 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 60th |
|
Leg., R.S., Ch. 431, Secs. 7(a) (part), (b).) |
|
Sec. 1069.255. MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after the date of issuance. (Acts |
|
60th Leg., R.S., Ch. 431, Sec. 7(c) (part).) |
|
Sec. 1069.256. EXECUTION OF BONDS. District bonds shall be |
|
executed in the manner provided by Chapter 618, Government Code. |
|
(Acts 60th Leg., R.S., Ch. 431, Sec. 7(c) (part).) |
|
Sec. 1069.257. OTHER OBLIGATIONS. Notwithstanding |
|
Sections 1069.251 through 1069.256, the board may issue and sell |
|
bonds, notes, or other obligations that are payable from the |
|
district's sales and use tax revenues to: |
|
(1) acquire land for the hospital system; or |
|
(2) purchase, construct, acquire, repair, or renovate |
|
buildings, improvements, or equipment related to the hospital |
|
system. (Acts 60th Leg., R.S., Ch. 431, Sec. 7(d).) |
|
Sec. 1069.258. 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 60th |
|
Leg., R.S., Ch. 431, Sec. 21 (part).) |
|
[Sections 1069.259-1069.300 reserved for expansion] |
|
SUBCHAPTER G. TAXES |
|
Sec. 1069.301. IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a 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. (Acts 60th Leg., R.S., Ch. 431, Secs. 12 (part), 15 |
|
(part).) |
|
Sec. 1069.302. TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of the |
|
taxable property in the district subject to hospital district |
|
taxation. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 60th |
|
Leg., R.S., Ch. 431, Secs. 3 (part), 12 (part).) |
|
Sec. 1069.303. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR. Unless the board by majority vote elects to |
|
have taxes assessed and collected under Section 1069.304, the tax |
|
assessor-collector of the county in which the district is located |
|
shall assess and collect taxes imposed by the district. (Acts 60th |
|
Leg., R.S., Ch. 431, Secs. 15 (part), 15(a) (part).) |
|
Sec. 1069.304. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
ASSESSOR-COLLECTOR. (a) The board may elect to have district |
|
taxes assessed and collected by a tax assessor-collector appointed |
|
by the board. An election under this subsection must be made by |
|
December 1 and governs the manner in which taxes are assessed and |
|
collected, until changed by a similar resolution. |
|
(b) The district tax assessor-collector must be a district |
|
resident. |
|
(c) The board shall prescribe for the district tax |
|
assessor-collector the term of employment and compensation. (Acts 60th Leg., R.S., Ch. 431, Secs. 15 (part), 15(b) (part).) |
|
|
|
CHAPTER 1074. COMANCHE COUNTY CONSOLIDATED HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1074.001. DEFINITIONS |
|
Sec. 1074.002. AUTHORITY FOR OPERATION |
|
Sec. 1074.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1074.004. DISTRICT TERRITORY |
|
Sec. 1074.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1074.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1074.007-1074.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1074.051. BOARD ELECTION; TERM |
|
Sec. 1074.052. NOTICE OF ELECTION |
|
Sec. 1074.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1074.054. BOARD VACANCY |
|
Sec. 1074.055. OFFICERS |
|
Sec. 1074.056. COMPENSATION; EXPENSES |
|
Sec. 1074.057. VOTING REQUIREMENT |
|
Sec. 1074.058. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1074.059. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1074.060. APPOINTMENT OF STAFF AND EMPLOYEES |
|
[Sections 1074.061-1074.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1074.101. DISTRICT RESPONSIBILITY |
|
Sec. 1074.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1074.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1074.104. HOSPITAL SYSTEM |
|
Sec. 1074.105. RULES |
|
Sec. 1074.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1074.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1074.108. EMINENT DOMAIN |
|
Sec. 1074.109. GIFTS AND ENDOWMENTS |
|
Sec. 1074.110. CONSTRUCTION CONTRACTS |
|
Sec. 1074.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1074.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1074.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1074.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1074.115. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1074.116-1074.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1074.151. BUDGET |
|
Sec. 1074.152. NOTICE; HEARING; APPROVAL OF BUDGET |
|
Sec. 1074.153. AMENDMENTS TO BUDGET |
|
Sec. 1074.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1074.155. FISCAL YEAR |
|
Sec. 1074.156. ANNUAL AUDIT |
|
Sec. 1074.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1074.158. FINANCIAL REPORT |
|
Sec. 1074.159. DEPOSITORY |
|
Sec. 1074.160. INVESTMENT RESTRICTIONS |
|
Sec. 1074.161. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1074.162-1074.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1074.201. GENERAL OBLIGATION BONDS |
|
Sec. 1074.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1074.203. REVENUE BONDS |
|
Sec. 1074.204. REFUNDING BONDS |
|
Sec. 1074.205. BOND ELECTION |
|
Sec. 1074.206. MATURITY OF BONDS |
|
Sec. 1074.207. EXECUTION OF BONDS |
|
Sec. 1074.208. ADDITIONAL MEANS OF SECURING PAYMENT OF |
|
BONDS |
|
Sec. 1074.209. USE OF BOND PROCEEDS |
|
Sec. 1074.210. BONDS EXEMPT FROM TAXATION |
|
Sec. 1074.211. SECURITY OF CERTAIN BONDS |
|
[Sections 1074.212-1074.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1074.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1074.252. TAX RATE |
|
Sec. 1074.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1074. COMANCHE COUNTY CONSOLIDATED HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1074.001. 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 Comanche County Consolidated |
|
Hospital District. (New.) |
|
Sec. 1074.002. AUTHORITY FOR OPERATION. The Comanche |
|
County Consolidated Hospital District operates and is administered |
|
and financed in accordance with Section 9, Article IX, Texas |
|
Constitution, and has the rights, powers, and duties provided by |
|
this chapter. (Acts 74th Leg., R.S., Ch. 132, Secs. 3.01(a) (part), |
|
(b) (part).) |
|
Sec. 1074.003. ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function administering this chapter. |
|
(Acts 74th Leg., R.S., Ch. 132, Sec. 3.25 (part).) |
|
Sec. 1074.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Comanche County, |
|
except that portion of Comanche County within the boundaries of the |
|
South Eastland County Hospital District, as those boundaries |
|
existed on June 15, 2001, is not included in the district. (Acts |
|
74th Leg., R.S., Ch. 132, Sec. 3.01(a) (part).) |
|
Sec. 1074.005. 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 74th |
|
Leg., R.S., Ch. 132, Sec. 3.24 (part).) |
|
Sec. 1074.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 74th Leg., R.S., Ch. 132, Sec. 3.24 (part).) |
|
[Sections 1074.007-1074.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1074.051. BOARD ELECTION; TERM. (a) The board |
|
consists of six directors elected from the district in accordance |
|
with former Section 3.04(f), Chapter 132, Acts of the 74th |
|
Legislature, Regular Session, 1995. |
|
(b) Directors serve staggered three-year terms. |
|
(c) A directors' election to elect two directors shall be |
|
held annually on the May uniform election date. (Acts 74th Leg., |
|
R.S., Ch. 132, Sec. 3.05(a) (part).) |
|
Sec. 1074.052. NOTICE OF ELECTION. Not earlier than the |
|
30th day or later than the 10th day before the date of a directors' |
|
election, notice of the election must be published one time in a |
|
newspaper of general circulation in the district. (Acts 74th Leg., |
|
R.S., Ch. 132, Sec. 3.05(b) (part).) |
|
Sec. 1074.053. QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) a resident of the district; and |
|
(2) a qualified voter. |
|
(b) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; or |
|
(2) a district employee. (Acts 74th Leg., R.S., Ch. |
|
132, Sec. 3.06.) |
|
Sec. 1074.054. BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall fill the vacancy |
|
for the unexpired term. (Acts 74th Leg., R.S., Ch. 132, Sec. |
|
3.05(c).) |
|
Sec. 1074.055. 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 a one-year term. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.08(a).) |
|
Sec. 1074.056. 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 74th Leg., R.S., Ch. |
|
132, Sec. 3.08(c).) |
|
Sec. 1074.057. VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors voting is necessary in any matter |
|
relating to district business. (Acts 74th Leg., R.S., Ch. 132, Sec. |
|
3.08(b).) |
|
Sec. 1074.058. 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 receive the |
|
compensation determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains any other condition the board requires. |
|
(e) The board may pay for the bond with district money. |
|
(Acts 74th Leg., R.S., Ch. 132, Sec. 3.09(c) (part).) |
|
Sec. 1074.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall supervise the work and activities of the |
|
district. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.09(c) (part).) |
|
Sec. 1074.060. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district if warranted. |
|
(b) The board may employ, and may delegate to the district |
|
administrator the authority to employ, technicians, nurses, fiscal |
|
agents, accountants, architects, and other necessary employees for |
|
the district. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.09(d).) |
|
[Sections 1074.061-1074.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1074.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating all hospital facilities and |
|
providing medical and hospital care for the district's needy |
|
residents. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.23(b).) |
|
Sec. 1074.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located wholly or |
|
partly in the district may not impose a tax or issue bonds or other |
|
obligations for hospital purposes or to provide medical care for |
|
district residents. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.23(a).) |
|
Sec. 1074.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's business, money, and resources. (Acts 74th |
|
Leg., R.S., Ch. 132, Sec. 3.09(a) (part).) |
|
Sec. 1074.104. HOSPITAL SYSTEM. (a) The district shall |
|
provide for: |
|
(1) the establishment of a hospital system by: |
|
(A) purchasing, constructing, acquiring, |
|
repairing, or renovating buildings and equipment; and |
|
(B) equipping the buildings; and |
|
(2) the administration of the district for hospital |
|
purposes. |
|
(b) The hospital system may include: |
|
(1) domiciliary care and treatment of the sick, |
|
injured, or geriatric; |
|
(2) outpatient clinics; |
|
(3) dispensaries; |
|
(4) convalescent home facilities; |
|
(5) necessary nurses; |
|
(6) domiciliaries and training centers; |
|
(7) blood banks; |
|
(8) community mental health centers; |
|
(9) research centers; |
|
(10) laboratories; and |
|
(11) any other facilities the board considers |
|
necessary for hospital care. (Acts 74th Leg., R.S., Ch. 132, Secs. |
|
3.07(a) (part), 3.15(a) (part).) |
|
Sec. 1074.105. RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 74th Leg., R.S., Ch. 132, |
|
Sec. 3.09(b) (part).) |
|
Sec. 1074.106. 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 74th |
|
Leg., R.S., Ch. 132, Sec. 3.15(d).) |
|
Sec. 1074.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The board may lease all or part of the district's |
|
buildings and other facilities on terms considered to be in the best |
|
interest of district residents. The term of the lease may not |
|
exceed 25 years. |
|
(c) The district may: |
|
(1) acquire property, including facilities and |
|
equipment, for use in the district's hospital system; and |
|
(2) 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 district residents. (Acts 74th Leg., R.S., Ch. |
|
132, Secs. 3.15(a) (part), (b) (part), (c), (g).) |
|
Sec. 1074.108. 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 to exercise a right or |
|
authority conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021, 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 74th Leg., R.S., Ch. 132, |
|
Sec. 3.18.) |
|
Sec. 1074.109. 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 of |
|
the district. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.21.) |
|
Sec. 1074.110. CONSTRUCTION CONTRACTS. A construction |
|
contract that involves the expenditure of more than the amount |
|
provided by Section 271.024, Local Government Code, may be made |
|
only after competitive bidding as provided by Subchapter B, Chapter |
|
271, Local Government Code. (Acts 74th Leg., R.S., Ch. 132, Sec. |
|
3.15(e).) |
|
Sec. 1074.111. OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 74th Leg., R.S., Ch. 132, Sec. |
|
3.15(b) (part).) |
|
Sec. 1074.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. (a) The district 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 district may contract with this state or a federal |
|
agency to reimburse the district for treatment of a sick or injured |
|
person. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.09(e) (part).) |
|
Sec. 1074.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district to |
|
provide investigatory or other services for the medical, hospital, |
|
or welfare needs of district residents. (Acts 74th Leg., R.S., Ch. |
|
132, Sec. 3.09(e) (part).) |
|
Sec. 1074.114. PAYMENT FOR TREATMENT; PROCEDURES. (a) The |
|
district shall provide without charge to a patient residing in the |
|
district the care and treatment that the patient or a relative of |
|
the patient who is legally responsible for the patient's support |
|
cannot pay. |
|
(b) When a patient who resides in the district is admitted |
|
to a district facility, the district administrator may have an |
|
inquiry made into the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives legally responsible for |
|
the patient's support. |
|
(c) If the district administrator determines that the |
|
patient or relative can pay for all or part of the costs of the |
|
patient's care and treatment, the district administrator shall |
|
report that finding to the board and the board shall order the |
|
patient or relative to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be an |
|
amount the individual is able to pay. |
|
(d) The district administrator may collect amounts under |
|
Subsection (c) from the patient's estate, or from a relative |
|
legally responsible 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, the board |
|
shall: |
|
(1) call witnesses; |
|
(2) hear and resolve the dispute; and |
|
(3) issue a final order. |
|
(f) The final order may be appealed to the district court in |
|
Comanche County. The substantial evidence rule applies to the |
|
appeal. (Acts 74th Leg., R.S., Ch. 132, Secs. 3.20(a), (c), (d).) |
|
Sec. 1074.115. AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 74th Leg., R.S., Ch. |
|
132, Sec. 3.09(b) (part).) |
|
[Sections 1074.116-1074.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1074.151. 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 to the credit of 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 revenues and balances available to |
|
cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 74th Leg., |
|
R.S., Ch. 132, Sec. 3.10(c).) |
|
Sec. 1074.152. NOTICE; HEARING; APPROVAL 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 must be published one time in a newspaper of general |
|
circulation in the district. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) The board shall act on the budget proposed by the |
|
district administrator. The board may make any changes in the |
|
proposed budget that the board determines the law warrants and are |
|
in the interests of the taxpayers. The board must approve the |
|
budget. (Acts 74th Leg., R.S., Ch. 132, Secs. 3.10(d), (e), (g) |
|
(part).) |
|
Sec. 1074.153. AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.10(g) (part).) |
|
Sec. 1074.154. RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.10(f).) |
|
Sec. 1074.155. FISCAL YEAR. (a) The district operates |
|
according to a fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period that revenue bonds of the district |
|
are outstanding; or |
|
(2) more than once in a 24-month period. (Acts 74th |
|
Leg., R.S., Ch. 132, Sec. 3.10(a).) |
|
Sec. 1074.156. ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 74th |
|
Leg., R.S., Ch. 132, Sec. 3.10(b) (part).) |
|
Sec. 1074.157. 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 74th Leg., |
|
R.S., Ch. 132, Sec. 3.10(b) (part).) |
|
Sec. 1074.158. 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 74th Leg., R.S., Ch. 132, Sec. 3.10(h).) |
|
Sec. 1074.159. DEPOSITORY. (a) The board shall select one |
|
or more banks to serve as a depository for district money. |
|
(b) All district money, other than money invested as |
|
provided by Section 1074.160 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 section does not limit the power of the board to |
|
place a part of district money on time deposit or to purchase |
|
certificates of deposit. (Acts 74th Leg., R.S., Ch. 132, Sec. |
|
3.15(h).) |
|
Sec. 1074.160. INVESTMENT RESTRICTIONS. The board may |
|
invest operating, depreciation, or building reserves only in funds |
|
or securities specified by Chapter 2256, Government Code. (Acts |
|
74th Leg., R.S., Ch. 132, Sec. 3.09(a) (part).) |
|
Sec. 1074.161. 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 authorized 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 in 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) 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 pledged taxes were imposed or the |
|
bonds were authorized. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.22.) |
|
[Sections 1074.162-1074.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1074.201. 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: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; |
|
(2) equipping buildings or improvements for hospital |
|
purposes; or |
|
(3) acquiring and operating a mobile emergency |
|
service. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.11(a).) |
|
Sec. 1074.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, the |
|
board shall impose an ad valorem tax at a rate sufficient to create |
|
an interest and sinking fund and to pay the principal of and |
|
interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
tax imposed for the district may not in any year exceed the limit |
|
approved by the voters at the election authorizing the imposition |
|
of the tax. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.11(b).) |
|
Sec. 1074.203. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, equip, or |
|
renovate a building or improvement for hospital purposes; |
|
(2) acquire a site for hospital purposes; or |
|
(3) acquire and operate a mobile emergency 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 district revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or any part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Chapter 264, |
|
Health and Safety Code, for the issuance of revenue bonds by a |
|
county hospital authority. (Acts 74th Leg., R.S., Ch. 132, Secs. |
|
3.14(a) (part), (b), (c).) |
|
Sec. 1074.204. 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 the outstanding indebtedness. (Acts |
|
74th Leg., R.S., Ch. 132, Secs. 3.12(a), (b), 3.14(a) (part).) |
|
Sec. 1074.205. BOND ELECTION. (a) The district may issue |
|
bonds, other than refunding bonds, to be wholly or partly secured by |
|
an ad valorem tax only if the bonds are authorized by a majority of |
|
the district voters at an election that is held in the district. |
|
(b) The bond election order must specify: |
|
(1) the nature and date of the election; |
|
(2) the location of the polling places; |
|
(3) the hours during which the polls will be open; |
|
(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 74th Leg., R.S., Ch. 132, |
|
Secs. 3.11(c), (d), (e), 3.14A(b).) |
|
Sec. 1074.206. MATURITY OF BONDS. District bonds must |
|
mature not later than the 40th anniversary of the date of issuance. |
|
(Acts 74th Leg., R.S., Ch. 132, Sec. 3.13(a) (part).) |
|
Sec. 1074.207. EXECUTION OF BONDS. The board president |
|
shall execute the district's bonds in the district's name, and the |
|
board secretary shall countersign the bonds in the manner provided |
|
by Chapter 618, Government Code. (Acts 74th Leg., R.S., Ch. 132, |
|
Sec. 3.13(a) (part).) |
|
Sec. 1074.208. ADDITIONAL MEANS OF SECURING PAYMENT OF |
|
BONDS. In addition to the authority to issue general obligation |
|
bonds and revenue bonds under this subchapter, the board may |
|
provide for the security and payment of district bonds from a pledge |
|
of a combination of ad valorem taxes as authorized by Section |
|
1074.202 and revenue and other sources as authorized by Section |
|
1074.203. (Acts 74th Leg., R.S., Ch. 132, Sec. 3.14A(a).) |
|
Sec. 1074.209. USE OF BOND PROCEEDS. The district may use |
|
the proceeds of bonds issued under this subchapter to pay: |
|
(1) any expense the board determines is reasonable and |
|
necessary to issue, sell, and deliver the bonds; |
|
(2) interest payments on the bonds during a period of |
|
acquisition or construction of a project or facility to be provided |
|
through the bonds, not to exceed five years; |
|
(3) costs related to the operation and maintenance of |
|
a project or facility to be provided through the bonds: |
|
(A) during an estimated period of acquisition or |
|
construction, not to exceed five years; and |
|
(B) for one year after the project or facility is |
|
acquired or constructed; |
|
(4) costs related to the financing of the bond funds, |
|
including debt service reserve and contingency funds; |
|
(5) costs related to the issuance of the bonds; |
|
(6) costs related to the acquisition of land or |
|
interest in land for a project or facility to be provided through |
|
the bonds; and |
|
(7) construction costs of a project or facility to be |
|
provided through the bonds, including the payment of related |
|
professional services and expenses. (Acts 74th Leg., R.S., Ch. |
|
132, Sec. 3.14B.) |
|
Sec. 1074.210. 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 from the bonds; or |
|
(3) any profits made in the sale of the bonds. (Acts |
|
74th Leg., R.S., Ch. 132, Sec. 3.25 (part).) |
|
Sec. 1074.211. SECURITY OF CERTAIN BONDS. Bonds authorized |
|
at an election held in the district before May 20, 2003, may be |
|
payable from and secured by: |
|
(1) taxes as authorized by the election; or |
|
(2) a pledge of a combination of ad valorem taxes, |
|
revenues, and other sources as authorized by Section 1074.208. |
|
(Acts 74th Leg., R.S., Ch. 132, Sec. 3.14A(c).) |
|
[Sections 1074.212-1074.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1074.251. IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall annually impose a tax to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) district maintenance and operating expenses. |
|
(b) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under Section 1074.203. (Acts |
|
74th Leg., R.S., Ch. 132, Secs. 3.16(a) (part), (b).) |
|
Sec. 1074.252. TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 74th |
|
Leg., R.S., Ch. 132, Secs. 3.16(a) (part), (c) (part).) |
|
Sec. 1074.253. 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 74th Leg., R.S., Ch. 132, Sec. 3.19(c).) |
|
|
|
CHAPTER 1086. CROSBY COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1086.001. DEFINITIONS |
|
Sec. 1086.002. AUTHORITY FOR OPERATION |
|
Sec. 1086.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1086.004. DISTRICT TERRITORY |
|
Sec. 1086.005. DISTRICT SUPPORT OR MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1086.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1086.007-1086.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1086.051. BOARD ELECTION AND APPOINTMENT; TERM |
|
Sec. 1086.052. NOTICE OF ELECTION |
|
Sec. 1086.053. BALLOT PETITION |
|
Sec. 1086.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1086.055. BOND; RECORD OF BOND |
|
Sec. 1086.056. BOARD VACANCY |
|
Sec. 1086.057. OFFICERS |
|
Sec. 1086.058. COMPENSATION; EXPENSES |
|
Sec. 1086.059. VOTING REQUIREMENT |
|
Sec. 1086.060. DISTRICT ADMINISTRATOR |
|
Sec. 1086.061. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1086.062. ASSISTANT DISTRICT ADMINISTRATOR; |
|
ATTORNEY |
|
Sec. 1086.063. APPOINTMENT OF STAFF AND EMPLOYEES |
|
Sec. 1086.064. RETIREMENT BENEFITS |
|
[Sections 1086.065-1086.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1086.101. DISTRICT RESPONSIBILITY |
|
Sec. 1086.102. RESTRICTION ON GOVERNMENTAL ENTITY |
|
TAXATION AND DEBT |
|
Sec. 1086.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1086.104. RULES |
|
Sec. 1086.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1086.106. MOBILE EMERGENCY MEDICAL SERVICE |
|
Sec. 1086.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1086.108. EMINENT DOMAIN |
|
Sec. 1086.109. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1086.110. GIFTS AND ENDOWMENTS |
|
Sec. 1086.111. CONSTRUCTION CONTRACTS |
|
Sec. 1086.112. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1086.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR SERVICES |
|
Sec. 1086.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1086.115. REIMBURSEMENT FOR SERVICES |
|
Sec. 1086.116. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1086.117-1086.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1086.151. BUDGET |
|
Sec. 1086.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1086.153. AMENDMENTS TO BUDGET |
|
Sec. 1086.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1086.155. FISCAL YEAR |
|
Sec. 1086.156. ANNUAL AUDIT |
|
Sec. 1086.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1086.158. FINANCIAL REPORT |
|
Sec. 1086.159. DEPOSITORY |
|
Sec. 1086.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1086.161-1086.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1086.201. GENERAL OBLIGATION BONDS |
|
Sec. 1086.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1086.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1086.204. REVENUE BONDS |
|
Sec. 1086.205. REFUNDING BONDS |
|
Sec. 1086.206. MATURITY OF BONDS |
|
Sec. 1086.207. EXECUTION OF BONDS |
|
Sec. 1086.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1086.209-1086.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1086.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1086.252. TAX RATE |
|
Sec. 1086.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1086. CROSBY COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1086.001. 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 Crosby County Hospital |
|
District. (Acts 71st Leg., R.S., Ch. 548, Sec. 1.01.) |
|
Sec. 1086.002. AUTHORITY FOR OPERATION. The Crosby County |
|
Hospital District operates and is financed as provided by Section |
|
9, Article IX, Texas Constitution, and by this chapter. (Acts 71st |
|
Leg., R.S., Ch. 548, Sec. 1.02.) |
|
Sec. 1086.003. ESSENTIAL PUBLIC FUNCTION. The district is |
|
a public entity performing an essential public function. (Acts |
|
71st Leg., R.S., Ch. 548, Sec. 7.11 (part).) |
|
Sec. 1086.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Crosby County, |
|
Texas. (Acts 71st Leg., R.S., Ch. 548, Sec. 1.03.) |
|
Sec. 1086.005. DISTRICT SUPPORT OR MAINTENANCE NOT STATE |
|
OBLIGATION. This state may not become obligated for the support or |
|
maintenance of the district. (Acts 71st Leg., R.S., Ch. 548, Sec. |
|
9.01 (part).) |
|
Sec. 1086.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 71st Leg., R.S., Ch. 548, Sec. 9.01 (part).) |
|
[Sections 1086.007-1086.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1086.051. BOARD ELECTION AND APPOINTMENT; TERM. (a) |
|
The district is governed by a board of 12 directors as follows: |
|
(1) two directors elected from each commissioners |
|
precinct; and |
|
(2) four directors appointed by the Crosby County |
|
Commissioners Court. |
|
(b) Directors serve staggered two-year terms. |
|
(c) A directors' election shall be held annually on the May |
|
uniform election date to elect the appropriate number of directors. |
|
(d) The commissioners court shall annually within 10 days of |
|
the date that elected directors are elected appoint the appropriate |
|
number of directors. (Acts 71st Leg., R.S., Ch. 548, Secs. 4.01(a), |
|
4.03(a), (d).) |
|
Sec. 1086.052. NOTICE OF ELECTION. Not later than the 35th |
|
day before the date of a directors' election, notice of the election |
|
must be published one time in a newspaper with general circulation |
|
in the district. (Acts 71st Leg., R.S., Ch. 548, Sec. 4.04.) |
|
Sec. 1086.053. BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for a |
|
position as an elected director must file with the board secretary a |
|
petition requesting that action. The petition must: |
|
(1) be signed by at least 10 registered voters of the |
|
district, as determined by the most recent official list of |
|
registered voters; |
|
(2) be filed by the deadline imposed by Section |
|
144.005, Election Code; and |
|
(3) specify the commissioners precinct the candidate |
|
wants to represent. (Acts 71st Leg., R.S., Ch. 548, Sec. 4.05.) |
|
Sec. 1086.054. QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to be a candidate for an elected position or to serve as an |
|
elected director, a person must be: |
|
(1) a resident of the district; and |
|
(2) a registered voter. |
|
(b) To be eligible to serve as an appointed director, a |
|
person must be a registered voter. |
|
(c) In addition to the qualifications required by |
|
Subsection (a), a person who is elected from a commissioners |
|
precinct or who is appointed to fill a vacancy for a commissioners |
|
precinct must be a resident of that commissioners precinct. |
|
(d) A district employee may not serve as a director. (Acts |
|
71st Leg., R.S., Ch. 548, Sec. 4.06.) |
|
Sec. 1086.055. BOND; RECORD OF BOND. (a) Before assuming |
|
the duties of office, each director must execute a bond for $5,000 |
|
that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The board may pay for directors' bonds with district |
|
money. |
|
(c) Each director's bond shall be kept in the district's |
|
permanent records. (Acts 71st Leg., R.S., Ch. 548, Sec. 4.07.) |
|
Sec. 1086.056. BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 71st Leg., R.S., Ch. 548, |
|
Sec. 4.08.) |
|
Sec. 1086.057. OFFICERS. (a) The board shall elect from |
|
among its members a president and a vice president. |
|
(b) The board shall appoint a secretary, who need not be a |
|
director. |
|
(c) The president may vote only to break a tie vote. |
|
(d) Each officer of the board serves a one-year term. |
|
(e) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 71st Leg., R.S., Ch. 548, Secs. 4.09, 4.10.) |
|
Sec. 1086.058. COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 71st Leg., R.S., Ch. |
|
548, Sec. 4.11.) |
|
Sec. 1086.059. VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors voting is necessary in any matter |
|
relating to district business. (Acts 71st Leg., R.S., Ch. 548, Sec. |
|
4.12.) |
|
Sec. 1086.060. DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to compensation as determined by the board. |
|
(c) Before assuming the duties of district administrator, |
|
the administrator must execute a bond in an amount determined by the |
|
board of not less than $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
administrator's duties under this chapter. |
|
(d) The board may pay for the bond with district money. |
|
(Acts 71st Leg., R.S., Ch. 548, Secs. 4.13(a) (part), (b) (part), |
|
(c) (part), (d).) |
|
Sec. 1086.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. (Acts |
|
71st Leg., R.S., Ch. 548, Sec. 4.16.) |
|
Sec. 1086.062. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
(a) The board may appoint qualified persons as: |
|
(1) the assistant district administrator; and |
|
(2) the attorney for the district. |
|
(b) The assistant district administrator and the attorney |
|
for the district serve at the will of the board and are entitled to |
|
compensation as determined by the board. (Acts 71st Leg., R.S., Ch. |
|
548, Secs. 4.13(a) (part), (b) (part), (c) (part).) |
|
Sec. 1086.063. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as considered necessary. |
|
(b) The district may employ technicians, nurses, fiscal |
|
agents, accountants, architects, additional attorneys, and other |
|
necessary employees. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ persons for the district. (Acts 71st Leg., |
|
R.S., Ch. 548, Secs. 4.14, 4.15.) |
|
Sec. 1086.064. RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 71st Leg., R.S., Ch. |
|
548, Sec. 4.17.) |
|
[Sections 1086.065-1086.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1086.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating hospital facilities and for |
|
providing medical and hospital care for the district's needy |
|
inhabitants. (Acts 71st Leg., R.S., Ch. 548, Sec. 5.02 (part).) |
|
Sec. 1086.102. RESTRICTION ON GOVERNMENTAL ENTITY TAXATION |
|
AND DEBT. Crosby County, the City of Ralls, Crosbyton, or Lorenzo, |
|
or any other governmental entity in which the district is located |
|
may not impose a tax or issue bonds or other obligations for |
|
hospital purposes or to provide medical care for district |
|
residents. (Acts 71st Leg., R.S., Ch. 548, Sec. 5.01(b).) |
|
Sec. 1086.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 71st Leg., R.S., Ch. |
|
548, Sec. 5.03.) |
|
Sec. 1086.104. RULES. The board may adopt rules governing: |
|
(1) the operation of the hospital and hospital system; |
|
and |
|
(2) the duties, functions, and responsibilities of |
|
district staff and employees. (Acts 71st Leg., R.S., Ch. 548, Sec. |
|
5.04.) |
|
Sec. 1086.105. PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) accounting and control procedures for the |
|
district. (Acts 71st Leg., R.S., Ch. 548, Sec. 5.05.) |
|
Sec. 1086.106. MOBILE EMERGENCY MEDICAL SERVICE. The |
|
district may operate or provide for the operation of a mobile |
|
emergency medical service. (Acts 71st Leg., R.S., Ch. 548, Sec. |
|
5.02 (part).) |
|
Sec. 1086.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The board may: |
|
(1) acquire property, including facilities and |
|
equipment, for the district for use in the hospital system; and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(c) The board may lease hospital facilities for the |
|
district. |
|
(d) The board may sell or otherwise dispose of property, |
|
including facilities or equipment, for the district. (Acts 71st |
|
Leg., R.S., Ch. 548, Sec. 5.06.) |
|
Sec. 1086.108. EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in property located in district territory if the |
|
interest is necessary to exercise a right or authority conferred by |
|
this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. (Acts 71st Leg., R.S., Ch. 548, |
|
Sec. 5.09.) |
|
Sec. 1086.109. COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade, or |
|
altering the construction of any railroad, highway, pipeline, or |
|
electric transmission and electric distribution, telegraph, or |
|
telephone line, conduit, pole, or facility, the district must bear |
|
the actual cost of relocating, raising, lowering, rerouting, |
|
changing the grade, or altering the construction to provide |
|
comparable replacement without enhancement of facilities, after |
|
deducting the net salvage value derived from the old facility. |
|
(Acts 71st Leg., R.S., Ch. 548, Sec. 5.10.) |
|
Sec. 1086.110. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for any |
|
purpose and under any direction, limitation, or other provision |
|
prescribed in writing by the donor that is consistent with the |
|
proper management of the district. (Acts 71st Leg., R.S., Ch. 548, |
|
Sec. 5.14.) |
|
Sec. 1086.111. CONSTRUCTION CONTRACTS. (a) The board may |
|
enter into construction contracts for the district. |
|
(b) The board may enter into a construction contract that |
|
involves the expenditure of more than the amount provided by |
|
Section 271.024, Local Government Code, only after competitive |
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
Code. (Acts 71st Leg., R.S., Ch. 548, Sec. 5.07(a).) |
|
Sec. 1086.112. OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a hospital facility for the district. (Acts 71st Leg., R.S., Ch. |
|
548, Sec. 5.08.) |
|
Sec. 1086.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
SERVICES. The board may contract with a political subdivision of |
|
this state or with a state or federal agency for the district to: |
|
(1) furnish a mobile emergency medical service; or |
|
(2) provide for the investigatory or welfare needs of |
|
district inhabitants. (Acts 71st Leg., R.S., Ch. 548, Sec. 5.13.) |
|
Sec. 1086.114. 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 financial circumstances of: |
|
(1) the patient; or |
|
(2) a relative of the patient legally responsible for |
|
the patient's support. |
|
(b) The district without charge shall provide to a patient |
|
who resides in the district the care and treatment that the patient |
|
or a relative of the patient legally responsible for the patient's |
|
support cannot pay. |
|
(c) On determining that the patient or a relative legally |
|
responsible for the patient's support can pay for all or part of the |
|
care and treatment provided by the district, the district |
|
administrator shall report that determination to the board, and the |
|
board shall issue an order directing the patient or the relative to |
|
pay the district a specified amount each week. The amount must be |
|
based on the individual's ability to pay. |
|
(d) The district administrator may collect money owed to the |
|
district from the patient's estate or from that of a relative |
|
legally responsible for the patient's support in the manner |
|
provided by law for collection of expenses of the last illness of a |
|
deceased person. |
|
(e) If there is a dispute relating to an individual's |
|
ability to pay or if the district administrator has any doubt |
|
concerning an individual's ability to pay, the board shall: |
|
(1) call witnesses; |
|
(2) hear and resolve the question; and |
|
(3) issue a final order. |
|
(f) The final order of the board may be appealed to a |
|
district court in Crosby County. The substantial evidence rule |
|
applies to the appeal. (Acts 71st Leg., R.S., Ch. 548, Secs. |
|
5.11(a), (c), (d), (e), (f).) |
|
Sec. 1086.115. 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 Crosby County or |
|
the police chief of the City of Crosbyton, Ralls, or Lorenzo, as |
|
appropriate, to reimburse the district for the district's care and |
|
treatment of a person confined in a jail facility of Crosby County |
|
or the City of Crosbyton, Ralls, or Lorenzo, as appropriate, who is |
|
not a district resident. |
|
(c) The board may contract with the state or federal |
|
government for that government to reimburse the district for |
|
treatment of a sick or injured person. (Acts 71st Leg., R.S., Ch. |
|
548, Sec. 5.12.) |
|
Sec. 1086.116. AUTHORITY TO SUE AND BE SUED. The board may |
|
sue and be sued on behalf of the district. (Acts 71st Leg., R.S., |
|
Ch. 548, Sec. 5.15.) |
|
[Sections 1086.117-1086.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1086.151. BUDGET. (a) The district administrator |
|
shall prepare a proposed annual budget for the district. |
|
(b) The proposed budget must contain a complete financial |
|
statement, including a statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand to the credit of each |
|
district fund; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate to be required. (Acts 71st |
|
Leg., R.S., Ch. 548, Sec. 6.04.) |
|
Sec. 1086.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) The board shall publish notice of the hearing in a |
|
newspaper of general circulation in the district not later than the |
|
10th day before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the |
|
taxpayers. |
|
(e) The budget is effective only after adoption by the |
|
board. (Acts 71st Leg., R.S., Ch. 548, Sec. 6.05.) |
|
Sec. 1086.153. AMENDMENTS TO BUDGET. After the annual |
|
budget is adopted, the budget may be amended on the board's |
|
approval. (Acts 71st Leg., R.S., Ch. 548, Sec. 6.06.) |
|
Sec. 1086.154. RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the annual budget or an |
|
amendment to the budget. (Acts 71st Leg., R.S., Ch. 548, Sec. |
|
6.07.) |
|
Sec. 1086.155. FISCAL YEAR. (a) The district operates |
|
according to a fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period that revenue bonds of the district |
|
are outstanding; or |
|
(2) more than once in a 24-month period. (Acts 71st |
|
Leg., R.S., Ch. 548, Sec. 6.01.) |
|
Sec. 1086.156. ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 71st |
|
Leg., R.S., Ch. 548, Sec. 6.02.) |
|
Sec. 1086.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records are open to |
|
inspection during regular business hours at the district's |
|
principal office. (Acts 71st Leg., R.S., Ch. 548, Sec. 6.03.) |
|
Sec. 1086.158. FINANCIAL REPORT. As soon as practicable |
|
after the close of the fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a sworn statement of the amount of district money; |
|
and |
|
(2) an account of the disbursements of that money. |
|
(Acts 71st Leg., R.S., Ch. 548, Sec. 6.08.) |
|
Sec. 1086.159. DEPOSITORY. (a) The board shall select at |
|
least one bank to serve as a depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1086.160(b) and money transmitted to a bank of payment as a |
|
trustee for bonds or obligations issued or assumed by the district, |
|
shall be deposited as received with the depository bank and shall |
|
remain on deposit. This subsection does not limit the power of the |
|
board to: |
|
(1) place a portion of district money on time deposit; |
|
or |
|
(2) purchase certificates of deposit. |
|
(c) The district may not deposit money with a bank in an |
|
amount that exceeds the maximum amount secured by the Federal |
|
Deposit Insurance Corporation unless the bank first executes a bond |
|
or other security in an amount sufficient to secure from loss the |
|
district money that exceeds the amount secured by the Federal |
|
Deposit Insurance Corporation. (Acts 71st Leg., R.S., Ch. 548, |
|
Sec. 6.10.) |
|
Sec. 1086.160. SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as provided by Sections 1086.111, 1086.201, 1086.204, and |
|
1086.205, the district may not incur a debt payable from district |
|
revenue other than the revenue on hand or to be on hand in the |
|
current and immediately following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 71st Leg., R.S., Ch. 548, Sec. 6.09.) |
|
[Sections 1086.161-1086.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1086.201. GENERAL OBLIGATION BONDS. If authorized by |
|
an election, the board may issue and sell general obligation bonds |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements for hospital |
|
purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service. (Acts 71st Leg., R.S., Ch. 548, Sec. 7.01.) |
|
Sec. 1086.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, the |
|
board shall impose an ad valorem tax at a rate sufficient to create |
|
an interest and sinking fund to pay the principal of and interest on |
|
the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 71st Leg., R.S., Ch. 548, Sec. 7.02.) |
|
Sec. 1086.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order a bond election. |
|
(c) The order calling the election must specify: |
|
(1) the nature and date of the election; |
|
(2) the hours during which the polls will be open; |
|
(3) the location of the polling places; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. |
|
(e) The board shall declare the results of the election. |
|
(Acts 71st Leg., R.S., Ch. 548, Sec. 7.03.) |
|
Sec. 1086.204. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, equip, or |
|
renovate buildings or improvements for hospital purposes; |
|
(2) acquire sites to be used for hospital purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service to assist the district in carrying out its hospital |
|
purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, |
|
Health and Safety Code, for issuance of revenue bonds by a county |
|
hospital authority. (Acts 71st Leg., R.S., Ch. 548, Sec. 7.04.) |
|
Sec. 1086.205. REFUNDING BONDS. (a) District refunding |
|
bonds may be issued 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 71st |
|
Leg., R.S., Ch. 548, Secs. 7.05(a), (c) (part).) |
|
Sec. 1086.206. MATURITY OF BONDS. District bonds must |
|
mature not later than 50 years after the date of issuance. (Acts |
|
71st Leg., R.S., Ch. 548, Sec. 7.06 (part).) |
|
Sec. 1086.207. EXECUTION OF BONDS. The board president |
|
shall execute the district's bonds in the district's name, and the |
|
board secretary shall countersign the bonds in the manner provided |
|
by Chapter 618, Government Code. (Acts 71st Leg., R.S., Ch. 548, |
|
Sec. 7.07.) |
|
Sec. 1086.208. BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 71st |
|
Leg., R.S., Ch. 548, Sec. 7.11 (part).) |
|
[Sections 1086.209-1086.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1086.251. 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) district maintenance and operating expenses. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 71st |
|
Leg., R.S., Ch. 548, Secs. 8.01(a) (part), (c), (d), 8.02(b).) |
|
Sec. 1086.252. 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. |
|
(d) An appointed director may not vote on the adoption of |
|
the tax rate to be set by the board. (Acts 71st Leg., R.S., Ch. 548, |
|
Secs. 8.01(a) (part), (b), 8.03 (part).) |
|
Sec. 1086.253. TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 71st Leg., R.S., Ch. 548, Sec. 8.04(b).) |
|
|
|
CHAPTER 1098. STONEWALL COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1098.001. DEFINITIONS |
|
Sec. 1098.002. AUTHORITY FOR OPERATION |
|
Sec. 1098.003. POLITICAL SUBDIVISION |
|
Sec. 1098.004. DISTRICT TERRITORY |
|
Sec. 1098.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1098.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1098.007. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1098.008-1098.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1098.051. BOARD ELECTION; TERM |
|
Sec. 1098.052. NOTICE OF ELECTION |
|
Sec. 1098.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1098.054. BOARD VACANCY |
|
Sec. 1098.055. OFFICERS |
|
Sec. 1098.056. COMPENSATION; EXPENSES |
|
Sec. 1098.057. VOTING REQUIREMENT |
|
Sec. 1098.058. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1098.059. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1098.060. STAFF AND EMPLOYEES; RECRUITMENT OF |
|
PERSONNEL |
|
Sec. 1098.061. EDUCATIONAL PROGRAMS; COURSES |
|
Sec. 1098.062. RETIREMENT BENEFITS |
|
Sec. 1098.063. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1098.064. SEAL |
|
[Sections 1098.065-1098.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1098.101. DISTRICT RESPONSIBILITY |
|
Sec. 1098.102. RESTRICTION ON TAXATION AND DEBT |
|
Sec. 1098.103. MANAGEMENT AND CONTROL OF DISTRICT |
|
Sec. 1098.104. HOSPITAL SYSTEM |
|
Sec. 1098.105. RULES |
|
Sec. 1098.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1098.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1098.108. EMINENT DOMAIN |
|
Sec. 1098.109. GIFTS AND ENDOWMENTS |
|
Sec. 1098.110. BIDDING REQUIREMENTS |
|
Sec. 1098.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1098.112. CONTRACTS FOR HEALTH CARE |
|
Sec. 1098.113. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1098.114. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1098.115-1098.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1098.151. BUDGET |
|
Sec. 1098.152. NOTICE; HEARING; APPROVAL OF BUDGET |
|
Sec. 1098.153. AMENDMENTS TO BUDGET |
|
Sec. 1098.154. SPENDING RESTRICTIONS |
|
Sec. 1098.155. FISCAL YEAR |
|
Sec. 1098.156. ANNUAL AUDIT |
|
Sec. 1098.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1098.158. FINANCIAL REPORT |
|
Sec. 1098.159. DEPOSITORY OR TREASURER |
|
Sec. 1098.160. GENERAL AUTHORITY TO BORROW MONEY; |
|
SECURITY |
|
Sec. 1098.161. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
|
SECURITY |
|
[Sections 1098.162-1098.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1098.201. GENERAL OBLIGATION BONDS |
|
Sec. 1098.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1098.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1098.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1098.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1098.206. REVENUE BONDS |
|
[Sections 1098.207-1098.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1098.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1098.252. TAX RATE |
|
Sec. 1098.253. TAX ASSESSOR-COLLECTOR |
|
[Sections 1098.254-1098.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1098.301. DISSOLUTION; ELECTION |
|
Sec. 1098.302. NOTICE OF ELECTION |
|
Sec. 1098.303. BALLOT |
|
Sec. 1098.304. ELECTION RESULTS |
|
Sec. 1098.305. TRANSFER, SALE, OR ADMINISTRATION OF |
|
ASSETS |
|
Sec. 1098.306. SALE OR TRANSFER OF ASSETS AND |
|
LIABILITIES |
|
Sec. 1098.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES |
|
Sec. 1098.308. REPORT; DISSOLUTION ORDER |
|
CHAPTER 1098. STONEWALL COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1098.001. 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 Stonewall County Hospital |
|
District. (New.) |
|
Sec. 1098.002. AUTHORITY FOR OPERATION. The Stonewall |
|
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 58th Leg., R.S., Ch. 54, |
|
Sec. 1 (part).) |
|
Sec. 1098.003. POLITICAL SUBDIVISION. The district is a |
|
political subdivision of this state. (Acts 58th Leg., R.S., Ch. 54, |
|
Sec. 14 (part).) |
|
Sec. 1098.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Stonewall County, |
|
Texas. (Acts 58th Leg., R.S., Ch. 54, Sec. 1 (part).) |
|
Sec. 1098.005. 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 58th Leg., R.S., Ch. 54, Sec. 17 (part).) |
|
Sec. 1098.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. This state may not become obligated for the support or |
|
maintenance of the district. (Acts 58th Leg., R.S., Ch. 54, Sec. 16 |
|
(part).) |
|
Sec. 1098.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 58th Leg., R.S., Ch. 54, Sec. 16 (part).) |
|
[Sections 1098.008-1098.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1098.051. BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of five directors elected from the district at |
|
large by place. |
|
(b) Directors serve staggered three-year terms. |
|
(c) A directors' election shall be held annually on the May |
|
uniform election date prescribed by Section 41.001, Election Code. |
|
(Acts 58th Leg., R.S., Ch. 54, Secs. 3(a) (part), (c) (part).) |
|
Sec. 1098.052. NOTICE OF ELECTION. Notice of a directors' |
|
election shall be published in a newspaper of general circulation |
|
in the district in accordance with Section 4.003, Election Code. |
|
(Acts 58th Leg., R.S., Ch. 54, Sec. 3(c) (part).) |
|
Sec. 1098.053. QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to be a candidate for or to serve as a director, a person |
|
must be: |
|
(1) a resident of the district; and |
|
(2) a qualified voter. |
|
(b) A district employee may not serve as a director. (Acts |
|
58th Leg., R.S., Ch. 54, Sec. 3(d).) |
|
Sec. 1098.054. BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of director, the remaining directors by majority vote |
|
shall fill the vacancy for the unexpired term. |
|
(b) If the number of directors is reduced to fewer than |
|
three for any reason, the remaining directors shall immediately |
|
call a special election to fill the vacancies. If the remaining |
|
directors do not call the election, a district court, on |
|
application of a qualified voter or taxpayer of the district, may |
|
order the directors to hold the election. (Acts 58th Leg., R.S., |
|
Ch. 54, Sec. 3(b) (part).) |
|
Sec. 1098.055. OFFICERS. (a) The board shall elect: |
|
(1) a president and vice president from among its |
|
members; and |
|
(2) a secretary and treasurer who is not required to be |
|
a director. |
|
(b) Each officer of the board serves a one-year term. (Acts |
|
58th Leg., R.S., Ch. 54, Sec. 3(b) (part).) |
|
Sec. 1098.056. COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in the performance of the director's official duties. The |
|
expenses must be: |
|
(1) reported in the district's minutes; and |
|
(2) approved by the board. (Acts 58th Leg., R.S., Ch. |
|
54, Sec. 4(a) (part).) |
|
Sec. 1098.057. VOTING REQUIREMENT. A concurrence of three |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 58th Leg., R.S., Ch. 54, Sec. 3(b) (part).) |
|
Sec. 1098.058. 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 |
|
compensation as determined by the board. |
|
(d) Before 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 faithful performance of the |
|
administrator's duties under this chapter; and |
|
(2) contains any other condition the board requires. |
|
(e) The board may pay for the bond with district money. |
|
(Acts 58th Leg., R.S., Ch. 54, Sec. 4(b).) |
|
Sec. 1098.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. (Acts |
|
58th Leg., R.S., Ch. 54, Sec. 4(c).) |
|
Sec. 1098.060. STAFF AND EMPLOYEES; RECRUITMENT OF |
|
PERSONNEL. (a) The district may: |
|
(1) appoint physicians to the district's staff; and |
|
(2) employ technicians, nurses, fiscal agents, |
|
accountants, architects, attorneys, and other necessary employees. |
|
(b) The board may delegate to the district administrator the |
|
authority to employ persons for the district. |
|
(c) The board may spend district money to recruit |
|
physicians, nurses, and other trained medical personnel. (Acts |
|
58th Leg., R.S., Ch. 54, Secs. 4(d), (j).) |
|
Sec. 1098.061. EDUCATIONAL PROGRAMS; COURSES. The board |
|
may provide or contract for the provision of educational programs |
|
or courses for district employees and medical staff. (Acts 58th |
|
Leg., R.S., Ch. 54, Sec. 4(l).) |
|
Sec. 1098.062. 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 58th Leg., R.S., Ch. |
|
54, Sec. 4(i).) |
|
Sec. 1098.063. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
All district records, including books, accounts, notices, and |
|
minutes, and all other matters of the district and the operation of |
|
its facilities, shall be: |
|
(1) maintained at the district's office; and |
|
(2) open to public inspection at the district's office |
|
at all reasonable hours. (Acts 58th Leg., R.S., Ch. 54, Sec. 7(b).) |
|
Sec. 1098.064. SEAL. The board may adopt a seal for the |
|
district. (Acts 58th Leg., R.S., Ch. 54, Sec. 7(a) (part).) |
|
[Sections 1098.065-1098.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1098.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 58th Leg., R.S., Ch. 54, Sec. 2 |
|
(part).) |
|
Sec. 1098.102. RESTRICTION ON TAXATION AND DEBT. Stonewall |
|
County or another governmental entity in which the district is |
|
located may not impose a tax or issue bonds or other obligations for |
|
hospital purposes or to provide medical care for district |
|
residents. (Acts 58th Leg., R.S., Ch. 54, Sec. 2A.) |
|
Sec. 1098.103. MANAGEMENT AND CONTROL OF DISTRICT. The |
|
management and control of the district is vested in the board. |
|
(Acts 58th Leg., R.S., Ch. 54, Sec. 4(a) (part).) |
|
Sec. 1098.104. HOSPITAL SYSTEM. The district shall provide |
|
for: |
|
(1) the establishment of a hospital system to provide |
|
medical and hospital care for district residents by: |
|
(A) purchasing, constructing, acquiring, |
|
repairing, or renovating buildings and improvements; and |
|
(B) equipping the buildings and improvements; |
|
and |
|
(2) the administration of the hospital system for |
|
hospital purposes. (Acts 58th Leg., R.S, Ch. 54, Sec. 2 (part).) |
|
Sec. 1098.105. RULES. (a) The board may adopt rules |
|
governing the operation of the district and district facilities. |
|
(b) The rules may, on approval by the board, be published in |
|
booklet form at district expense and made available to any taxpayer |
|
on request. (Acts 58th Leg., R.S., Ch. 54, Sec. 7(c).) |
|
Sec. 1098.106. PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
The board may prescribe the method and manner of making purchases |
|
and expenditures by and for the district. |
|
(b) The board shall prescribe: |
|
(1) all accounting and control procedures; and |
|
(2) the method of purchasing necessary supplies, |
|
materials, and equipment. (Acts 58th Leg., R.S., Ch. 54, Sec. 7(a) |
|
(part).) |
|
Sec. 1098.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The board may: |
|
(1) establish and equip a clinic as part of the |
|
hospital system; |
|
(2) acquire property, including facilities and |
|
equipment, for the district for use in the hospital system; and |
|
(3) mortgage or pledge the property as security for |
|
payment of the purchase price. |
|
(c) The board may lease district hospital facilities to or |
|
from individuals, companies, corporations, or other legal |
|
entities. |
|
(d) The board may sell or otherwise dispose of property, |
|
including facilities or equipment. (Acts 58th Leg., R.S., Ch. 54, |
|
Secs. 4(f), (g).) |
|
Sec. 1098.108. 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, real, personal, or mixed, |
|
located in district territory, if the interest is necessary or |
|
convenient to exercise a right, power, privilege, or function |
|
conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021, Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. (Acts 58th Leg., R.S., Ch. 54, |
|
Sec. 9.) |
|
Sec. 1098.109. 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 58th Leg., R.S., Ch. 54, Sec. |
|
12.) |
|
Sec. 1098.110. BIDDING REQUIREMENTS. The district shall |
|
comply with the bidding requirements prescribed by Chapter 271, |
|
Local Government Code. (Acts 58th Leg., R.S., Ch. 54, Sec. 7(a) |
|
(part).) |
|
Sec. 1098.111. OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a hospital facility. The term of the contract may not exceed 25 |
|
years. (Acts 58th Leg., R.S., Ch. 54, Sec. 4(h).) |
|
Sec. 1098.112. CONTRACTS FOR HEALTH CARE. The board may |
|
contract with any public or private entity, including the federal |
|
government, this state, a political subdivision, or a charitable |
|
organization, to provide health care or related services inside or |
|
outside the district. (Acts 58th Leg., R.S., Ch. 54, Sec. 4(e).) |
|
Sec. 1098.113. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator shall have an inquiry made |
|
into the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives legally liable for the |
|
patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay for all or part of the |
|
patient's care and treatment in the hospital, the amount that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives are liable to pay for all or part of the |
|
patient's care and treatment, the patient or those relatives shall |
|
be ordered to pay the district treasurer a specified amount each |
|
week for the patient's support. The amount ordered must be |
|
proportionate to their financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from those relatives legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) The board may institute a suit to collect an amount owed |
|
to the district by a patient who has not been determined to be |
|
unable to pay under this section. |
|
(f) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue an appropriate order. |
|
(g) Either party to the dispute may appeal the order to the |
|
district court. (Acts 58th Leg., R.S., Ch. 54, Secs. 4(m), 11.) |
|
Sec. 1098.114. AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district may sue and be sued in the |
|
district's own name in any court of this state. (Acts 58th Leg., |
|
R.S., Ch. 54, Sec. 14 (part).) |
|
[Sections 1098.115-1098.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1098.151. BUDGET. The board annually shall require a |
|
budget to be prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 58th Leg., R.S., Ch. 54, Secs. 8(b) (part), (c) |
|
(part).) |
|
Sec. 1098.152. NOTICE; HEARING; APPROVAL OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in Stonewall County not later |
|
than the 10th day before the date of the hearing. |
|
(c) Any district taxpayer is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. |
|
(d) The annual budget must be approved by the board of |
|
directors. (Acts 58th Leg., R.S., Ch. 54, Secs. 8(b) (part), (c) |
|
(part).) |
|
Sec. 1098.153. AMENDMENTS TO BUDGET. The annual budget may |
|
be amended on the board's approval. (Acts 58th Leg., R.S., Ch. 54, |
|
Sec. 8(b) (part).) |
|
Sec. 1098.154. SPENDING RESTRICTIONS. (a) Except as |
|
otherwise provided by this chapter, the district may not incur an |
|
obligation payable from district revenue other than revenue held by |
|
the district or to be held by the district in the current district |
|
fiscal year. |
|
(b) Money may be spent only for an expense included in the |
|
budget or an amendment to the budget. (Acts 58th Leg., R.S., Ch. |
|
54, Secs. 7(a) (part), 8(b) (part).) |
|
Sec. 1098.155. FISCAL YEAR. (a) The district operates |
|
according to a fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) if revenue bonds of the district are outstanding; |
|
or |
|
(2) more than once in a 24-month period. (Acts 58th |
|
Leg., R.S., Ch. 54, Sec. 8(a) (part).) |
|
Sec. 1098.156. ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's books and records for the fiscal |
|
year. (Acts 58th Leg., R.S., Ch. 54, Sec. 8(a) (part).) |
|
Sec. 1098.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records are open to |
|
inspection during regular business hours at the district's |
|
principal office. (Acts 58th Leg., R.S., Ch. 54, Sec. 8(a) (part).) |
|
Sec. 1098.158. 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 58th Leg., R.S., Ch. 54, Sec. 8(b) (part).) |
|
Sec. 1098.159. DEPOSITORY OR TREASURER. (a) The board by |
|
resolution shall designate one or more banks to serve as the |
|
district's depository or treasurer. |
|
(b) District money shall be deposited on receipt with a |
|
depository bank, except that sufficient money must be remitted to |
|
an appropriate bank to pay the principal of and interest on the |
|
district's outstanding bonds, or other obligations assumed by the |
|
district, on or before the maturity date of the principal and |
|
interest. |
|
(c) Money in the depository bank or banks that is not |
|
insured by the Federal Deposit Insurance Corporation must be |
|
secured in the manner provided by law for security of county money. |
|
(d) Membership on the district's board of an officer or |
|
director of a bank does not disqualify that bank from being |
|
designated as depository. (Acts 58th Leg., R.S., Ch. 54, Sec. 10.) |
|
Sec. 1098.160. GENERAL AUTHORITY TO BORROW MONEY; SECURITY. |
|
(a) The board may borrow money at a rate not to exceed the maximum |
|
annual percentage rate allowed by law for district obligations at |
|
the time the loan is made. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) tax revenue to be collected 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 third 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 58th |
|
Leg., R.S., Ch. 54, Sec. 15A.) |
|
Sec. 1098.161. AUTHORITY TO BORROW MONEY IN EMERGENCY; |
|
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 determines |
|
that: |
|
(1) money is not available to meet a lawful obligation |
|
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 bond indebtedness; |
|
(2) tax revenue to be collected by the district during |
|
the 12-month period following the date of the pledge that has not |
|
been 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 tax revenue or bonds are pledged must |
|
mature not later than the third anniversary of the date the loan is |
|
made. A loan for which other 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 loan proceeds obtained under |
|
this section for a purpose other than: |
|
(1) the purpose for which the board determined the |
|
emergency existed; and |
|
(2) if tax revenue or bonds are pledged to pay the |
|
loan, the purpose for which the taxes were imposed or the bonds were |
|
authorized. (Acts 58th Leg., R.S., Ch. 54, Sec. 15.) |
|
[Sections 1098.162-1098.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1098.201. 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 58th Leg., R.S., Ch. 54, Sec. 6(a).) |
|
Sec. 1098.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, the |
|
board shall impose an ad valorem tax at a rate sufficient to create |
|
an interest and sinking fund to pay the principal of and interest on |
|
the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of taxes. (Acts 58th Leg., R.S., Ch. 54, Sec. 6(b).) |
|
Sec. 1098.203. 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 election must be conducted in accordance with |
|
Chapter 1251, Government Code. (Acts 58th Leg., R.S., Ch. 54, Secs. |
|
6(c), (d).) |
|
Sec. 1098.204. MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 58th Leg., R.S., Ch. 54, |
|
Sec. 6(e) (part).) |
|
Sec. 1098.205. EXECUTION OF GENERAL OBLIGATION BONDS. The |
|
board president shall execute the general obligation bonds in the |
|
district's name and the board secretary shall countersign the bonds |
|
in the manner provided by Chapter 618, Government Code. (Acts 58th |
|
Leg., R.S., Ch. 54, Sec. 6(e) (part).) |
|
Sec. 1098.206. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, equip, or |
|
renovate buildings or improvements for hospital purposes; |
|
(2) acquire sites to be used for hospital purposes; or |
|
(3) acquire and operate a mobile emergency medical or |
|
air ambulance service to assist the district in carrying out its |
|
hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, |
|
Health and Safety Code, for the issuance of revenue bonds by a |
|
county hospital authority. (Acts 58th Leg., R.S., Ch. 54, Sec. 6A.) |
|
[Sections 1098.207-1098.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1098.251. IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the budget, the board shall impose a tax on all property |
|
in the district subject to district taxation. |
|
(b) The tax may be used to: |
|
(1) pay the indebtedness assumed or issued by the |
|
district; |
|
(2) provide for the maintenance and operation 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 district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued by the district. (Acts 58th |
|
Leg., R.S., Ch. 54, Secs. 5(a) (part), (b), 8(c) (part).) |
|
Sec. 1098.252. TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed the limit approved by the voters. |
|
(b) The tax rate for all purposes may not exceed 75 cents on |
|
each $100 valuation of all taxable property in the district. (Acts |
|
58th Leg., R.S., Ch. 54, Sec. 5(a) (part).) |
|
Sec. 1098.253. TAX ASSESSOR-COLLECTOR. (a) Except as |
|
provided by Subsection (b), the tax assessor-collector of Stonewall |
|
County shall assess and collect taxes imposed by the district. |
|
(b) 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 58th Leg., R.S., Ch. 54, Secs. 5(c) (part), 8(c) (part).) |
|
[Sections 1098.254-1098.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1098.301. 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 58th Leg., R.S., Ch. 54, |
|
Secs. 15B(a), (b), (c) (part).) |
|
Sec. 1098.302. NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing the |
|
election order in a newspaper with general circulation in the |
|
district once a week for two consecutive weeks. |
|
(b) The first publication of the notice must appear not |
|
later than the 35th day before the date set for the election. (Acts |
|
58th Leg., R.S., Ch. 54, Sec. 15B(d) (part).) |
|
Sec. 1098.303. BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Stonewall County Hospital |
|
District." (Acts 58th Leg., R.S., Ch. 54, Sec. 15B(d) (part).) |
|
Sec. 1098.304. 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 58th Leg., R.S., Ch. 54, Sec. |
|
15B(e).) |
|
Sec. 1098.305. TRANSFER, SALE, OR ADMINISTRATION OF ASSETS. |
|
(a) If a majority of the votes in an election held under this |
|
subchapter favor dissolution, the board shall: |
|
(1) transfer the land, buildings, improvements, |
|
equipment, and other assets that belong to the district to a county |
|
or to another governmental entity in Stonewall County; |
|
(2) sell the assets and liabilities to another person; |
|
or |
|
(3) administer the property, assets, and debts until |
|
all money has been disposed of and all district debts have been paid |
|
or settled. |
|
(b) If the board makes the transfer under Subsection (a)(1), |
|
the county or entity assumes all debts and obligations of the |
|
district at the time of the transfer, and the district is dissolved. |
|
(Acts 58th Leg., R.S., Ch. 54, Secs. 15B(f), (g).) |
|
Sec. 1098.306. SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
(a) 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 and 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 |
|
agency that serves the district; and |
|
(2) the transferred assets are to be used for the |
|
benefit of district residents. |
|
(e) A grant from federal funds is an obligation to be repaid |
|
in satisfaction. (Acts 58th Leg., R.S., Ch. 54, Secs. 15B(m), (n).) |
|
Sec. 1098.307. 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 board 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 board |
|
secretary to transmit the money to the county tax |
|
assessor-collector. (Acts 58th Leg., R.S., Ch. 54, Secs. 15B(h), |
|
(i), (j).) |
|
Sec. 1098.308. 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 Stonewall County summarizing the board's actions in dissolving |
|
the district. |
|
(b) Not later than the 10th day after the date the |
|
Commissioners Court of Stonewall 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 58th Leg., R.S., Ch. 54, Secs. 15B(k), (l).) |
|
|
|
CHAPTER 1099. STRATFORD HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1099.001. DEFINITIONS |
|
Sec. 1099.002. AUTHORITY FOR OPERATION |
|
Sec. 1099.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1099.004. DISTRICT TERRITORY |
|
Sec. 1099.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1099.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1099.007. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1099.008-1099.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1099.051. BOARD ELECTION; TERM |
|
Sec. 1099.052. NOTICE OF ELECTION |
|
Sec. 1099.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1099.054. BOND |
|
Sec. 1099.055. BOARD VACANCY |
|
Sec. 1099.056. OFFICERS |
|
Sec. 1099.057. COMPENSATION; EXPENSES |
|
Sec. 1099.058. VOTING REQUIREMENT |
|
Sec. 1099.059. DISTRICT MANAGER; ASSISTANT MANAGER |
|
Sec. 1099.060. GENERAL DUTIES OF DISTRICT MANAGER |
|
Sec. 1099.061. APPOINTMENT AND DISMISSAL OF STAFF AND |
|
EMPLOYEES |
|
Sec. 1099.062. SENIORITY; RETIREMENT BENEFITS |
|
[Sections 1099.063-1099.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1099.101. DISTRICT RESPONSIBILITY |
|
Sec. 1099.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1099.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1099.104. HOSPITAL SYSTEM |
|
Sec. 1099.105. RULES |
|
Sec. 1099.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1099.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1099.108. EMINENT DOMAIN |
|
Sec. 1099.109. GIFTS AND ENDOWMENTS |
|
Sec. 1099.110. CONSTRUCTION AND PURCHASE CONTRACTS |
|
Sec. 1099.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1099.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR HOSPITALIZATION AND TREATMENT |
|
Sec. 1099.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1099.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1099.115. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1099.116-1099.150 reserved for expansion] |
|
SUBCHAPTER D. CHANGE IN BOUNDARIES |
|
Sec. 1099.151. TERRITORY THAT MAY BE ANNEXED |
|
Sec. 1099.152. PETITION TO ANNEX TERRITORY |
|
Sec. 1099.153. ELECTION ORDER |
|
Sec. 1099.154. BALLOT |
|
Sec. 1099.155. NOTICE OF ELECTION |
|
Sec. 1099.156. ELECTION RESULTS |
|
Sec. 1099.157. EFFECT OF ANNEXATION |
|
[Sections 1099.158-1099.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1099.201. BUDGET |
|
Sec. 1099.202. NOTICE; HEARING; APPROVAL OF BUDGET |
|
Sec. 1099.203. AMENDMENTS TO BUDGET |
|
Sec. 1099.204. RESTRICTION ON EXPENDITURES |
|
Sec. 1099.205. FISCAL YEAR |
|
Sec. 1099.206. AUDIT |
|
Sec. 1099.207. INSPECTION OF AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1099.208. FINANCIAL REPORT |
|
Sec. 1099.209. DEPOSITORY |
|
Sec. 1099.210. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1099.211-1099.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 1099.251. GENERAL OBLIGATION BONDS |
|
Sec. 1099.252. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1099.253. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1099.254. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1099.255. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1099.256. REVENUE BONDS |
|
Sec. 1099.257. REFUNDING BONDS |
|
Sec. 1099.258. BONDS EXEMPT FROM TAXATION |
|
[Sections 1099.259-1099.300 reserved for expansion] |
|
SUBCHAPTER G. TAXES |
|
Sec. 1099.301. IMPOSITION OF TAX |
|
Sec. 1099.302. TAX RATE |
|
Sec. 1099.303. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR |
|
Sec. 1099.304. ASSESSMENT AND COLLECTION BY DISTRICT |
|
TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1099. STRATFORD HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1099.001. 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 Stratford Hospital District. |
|
(New.) |
|
Sec. 1099.002. AUTHORITY FOR OPERATION. The Stratford |
|
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. 470, Sec. 1 |
|
(part).) |
|
Sec. 1099.003. ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 61st Leg., R.S., Ch. 470, Sec. 21 (part).) |
|
Sec. 1099.004. DISTRICT TERRITORY. Unless the district's |
|
boundaries are expanded under Subchapter D, the district is |
|
composed of the territory in the boundaries of that part of the |
|
Stratford Independent School District located in Sherman County, as |
|
those school district boundaries existed on January 1, 1969. (Acts |
|
61st Leg., R.S., Ch. 470, Secs. 1 (part), 1(a) (part).) |
|
Sec. 1099.005. 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 |
|
that constitution. (Acts 61st Leg., R.S., Ch. 470, Sec. 22 (part).) |
|
Sec. 1099.006. 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. 470, Sec. 20 (part).) |
|
Sec. 1099.007. 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. 470, Sec. 20 (part).) |
|
[Sections 1099.008-1099.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1099.051. BOARD ELECTION; TERM. (a) The board |
|
consists of five directors elected from the district at large. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms with the |
|
terms of two or three directors expiring each year as appropriate; |
|
and |
|
(2) a directors' election shall be held annually on the |
|
May uniform election date to elect the appropriate number of |
|
directors. (Acts 61st Leg., R.S., Ch. 470, Sec. 4(c) (part).) |
|
Sec. 1099.052. NOTICE OF ELECTION. At least 30 days before |
|
the date of a directors' election, notice of the election must 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. 470, Sec. 4(c) (part).) |
|
Sec. 1099.053. QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be appointed or elected as a director unless the person is: |
|
(1) a resident of the district; |
|
(2) a freeholder; and |
|
(3) a qualified voter. |
|
(b) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district manager; |
|
(2) a district employee; or |
|
(3) a member of the hospital staff. (Acts 61st Leg., |
|
R.S., Ch. 470, Sec. 4(d).) |
|
Sec. 1099.054. BOND. (a) Each director shall execute a |
|
good and sufficient bond for $1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district shall pay for the directors' bonds. (Acts |
|
61st Leg., R.S., Ch. 470, Sec. 4(c) (part).) |
|
Sec. 1099.055. BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall fill the vacancy |
|
for the unexpired term. (Acts 61st Leg., R.S., Ch. 470, Sec. 4(c) |
|
(part).) |
|
Sec. 1099.056. 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 a one-year term. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 61st Leg., R.S., Ch. 470, Sec. 4(e) (part).) |
|
Sec. 1099.057. 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. |
|
470, Sec. 4(e) (part).) |
|
Sec. 1099.058. VOTING REQUIREMENT. A concurrence of three |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 61st Leg., R.S., Ch. 470, Sec. 4(e) (part).) |
|
Sec. 1099.059. DISTRICT MANAGER; ASSISTANT MANAGER. (a) |
|
The board shall appoint a qualified person as district manager. |
|
(b) The board may appoint one or more assistant managers. |
|
(c) The manager and any assistant manager serve at the will |
|
of the board and receive the compensation determined by the board. |
|
(d) On assuming the duties of district manager, the manager |
|
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 manager performing the |
|
manager's required duties; and |
|
(2) contains any other condition the board requires. |
|
(Acts 61st Leg., R.S., Ch. 470, Sec. 5 (part).) |
|
Sec. 1099.060. GENERAL DUTIES OF DISTRICT MANAGER. Subject |
|
to the limitations prescribed by the board, the district manager |
|
shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 61st |
|
Leg., R.S., Ch. 470, Sec. 5 (part).) |
|
Sec. 1099.061. APPOINTMENT AND DISMISSAL OF STAFF AND |
|
EMPLOYEES. (a) The board may appoint to or dismiss from the staff |
|
any doctor the board considers necessary for the efficient |
|
operation of the district and may make temporary appointments to |
|
the staff if warranted. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys as the board considers proper. |
|
(c) The board may delegate to the district manager the |
|
authority to employ district employees, including technicians and |
|
nurses. (Acts 61st Leg., R.S., Ch. 470, Secs. 5 (part), 16.) |
|
Sec. 1099.062. SENIORITY; RETIREMENT BENEFITS. The board |
|
may adopt rules relating to the seniority of district employees, |
|
including rules for a retirement plan based on seniority. (Acts |
|
61st Leg., R.S., Ch. 470, Sec. 5 (part).) |
|
[Sections 1099.063-1099.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1099.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating all hospital facilities for |
|
providing medical and hospital care for the district's needy |
|
inhabitants. (Acts 61st Leg., R.S., Ch. 470, Sec. 19 (part).) |
|
Sec. 1099.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located within the |
|
district or that has the same boundaries as the district may not |
|
impose a tax or issue bonds or other obligations for hospital |
|
purposes or to provide medical care. (Acts 61st Leg., R.S., Ch. 470, |
|
Sec. 19 (part).) |
|
Sec. 1099.103. 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. |
|
470, Sec. 5 (part).) |
|
Sec. 1099.104. HOSPITAL SYSTEM. (a) The district shall |
|
provide for: |
|
(1) the establishment of a hospital system by: |
|
(A) purchasing, constructing, acquiring, |
|
repairing, or renovating buildings and equipment; and |
|
(B) equipping the buildings; and |
|
(2) the administration of the hospital system for |
|
hospital purposes. |
|
(b) The hospital system may include: |
|
(1) facilities for domiciliary care of the sick, |
|
injured, or geriatric; |
|
(2) facilities for outpatient clinics; |
|
(3) dispensaries; |
|
(4) convalescent home facilities; |
|
(5) necessary nurses domiciliaries and training |
|
centers; |
|
(6) blood banks; |
|
(7) community mental health centers; |
|
(8) research centers or laboratories; and |
|
(9) any other facilities the board considers necessary |
|
for hospital care. (Acts 61st Leg., R.S., Ch. 470, Secs. 2 (part), |
|
9 (part).) |
|
Sec. 1099.105. 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. 470, |
|
Sec. 5 (part).) |
|
Sec. 1099.106. 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. 470, Sec. 10 (part).) |
|
Sec. 1099.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system. |
|
(b) The board may lease all or part of the district's |
|
buildings and other facilities on terms considered to be in the best |
|
interest of the district's inhabitants. The term of the lease may |
|
not exceed 25 years. |
|
(c) The district may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the property as |
|
security for the payment of the purchase price. A contract entered |
|
into under this subsection must provide that the entire obligation |
|
be retired not later than the fifth anniversary of the date of the |
|
contract. |
|
(d) The district may sell or otherwise dispose of any |
|
property, including equipment, on terms the board finds are in the |
|
best interest of the district's inhabitants. (Acts 61st Leg., |
|
R.S., Ch. 470, Secs. 9 (part), 10 (part).) |
|
Sec. 1099.108. 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 to 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. 470, |
|
Sec. 14.) |
|
Sec. 1099.109. 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 any |
|
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. 470, |
|
Sec. 18.) |
|
Sec. 1099.110. CONSTRUCTION AND PURCHASE CONTRACTS. 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 Chapter 252, Local Government Code. (Acts 61st Leg., |
|
R.S., Ch. 470, Sec. 10 (part).) |
|
Sec. 1099.111. 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. 470, Sec. 9 |
|
(part).) |
|
Sec. 1099.112. 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 board 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. 470, Sec. 5 (part).) |
|
Sec. 1099.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with |
|
another political subdivision or a 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. 470, Sec. 5 (part).) |
|
Sec. 1099.114. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district manager may have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives legally liable for the |
|
patient's support. |
|
(b) If the district manager determines that the patient or |
|
those relatives cannot pay for all or part of the patient's care and |
|
treatment in the hospital, the amount that cannot be paid becomes a |
|
charge against the district. |
|
(c) If the district manager 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 their |
|
financial ability. |
|
(d) The district manager may collect the amount from the |
|
patient's estate, or from those relatives 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 manager, the board shall hold a hearing |
|
and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(f) The final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 61st Leg., R.S., Ch. 470, Sec. 17.) |
|
Sec. 1099.115. AUTHORITY TO SUE AND BE SUED. (a) The |
|
district, through the board, may sue and be sued. |
|
(b) The district is entitled to all causes of action and |
|
defenses to which similar authorities are entitled. (Acts 61st |
|
Leg., R.S., Ch. 470, Sec. 5 (part).) |
|
[Sections 1099.116-1099.150 reserved for expansion] |
|
SUBCHAPTER D. CHANGE IN BOUNDARIES |
|
Sec. 1099.151. TERRITORY THAT MAY BE ANNEXED. (a) The |
|
district may annex territory that is not located in: |
|
(1) Sherman 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. 470, Sec. 1(a) (part).) |
|
Sec. 1099.152. 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 50 or a majority of the registered |
|
voters who: |
|
(A) reside in the territory to be annexed; and |
|
(B) own property duly rendered for taxation on |
|
the applicable county tax rolls that will be subject to district |
|
taxation. |
|
(b) This subchapter does not prohibit simultaneous action |
|
on several petitions for annexation. A ballot proposition must be |
|
submitted for each different territory proposed to be annexed, and |
|
an election held in each territory represented by an approved |
|
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. 470, Sec. 1(a) (part).) |
|
Sec. 1099.153. ELECTION ORDER. (a) If, on receipt of a |
|
petition under Section 1099.152, 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 |
|
in: |
|
(1) the territory proposed to be annexed; and |
|
(2) 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. 470, Secs. 1(a) (part), 3(a) |
|
(part).) |
|
Sec. 1099.154. BALLOT. The ballot for the election shall be |
|
printed to permit voting for or against the proposition: "The |
|
establishment of the Hospital District with extended boundaries and |
|
establishment of a hospital district tax at a rate not to exceed 40 |
|
cents on the $100 valuation." (Acts 61st Leg., R.S., Ch. 470, Sec. |
|
1(a) (part).) |
|
Sec. 1099.155. 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. 470, |
|
Secs. 1(a) (part), 3(a) (part).) |
|
Sec. 1099.156. 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) The failure of an election under this subchapter does |
|
not prohibit subsequent elections for the same purpose. A |
|
confirmation election may not be held under this subchapter before |
|
the first anniversary of the date of an election previously held |
|
under this subchapter. (Acts 61st Leg., R.S., Ch. 470, Secs. 1(a) |
|
(part), 3(a) (part).) |
|
Sec. 1099.157. EFFECT OF ANNEXATION. (a) Territory |
|
annexed to the district is part of the board for all purposes. |
|
(b) The annexation of territory to the district does not |
|
change the manner in which the board or board officers are selected. |
|
(Acts 61st Leg., R.S., Ch. 470, Sec. 1(a) (part).) |
|
[Sections 1099.158-1099.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1099.201. BUDGET. (a) The district manager 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 to the credit of 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. 470, Sec. 6 (part).) |
|
Sec. 1099.202. NOTICE; HEARING; APPROVAL OF BUDGET. |
|
(a) The board shall hold a public hearing on the 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 act on |
|
the budget proposed by the district manager. The board may make any |
|
changes in the proposed budget that the board judges to be in the |
|
interests of the taxpayers and the law warrants. The board must |
|
approve the annual budget. (Acts 61st Leg., R.S., Ch. 470, Sec. 6 |
|
(part).) |
|
Sec. 1099.203. AMENDMENTS TO BUDGET. The budget may be |
|
amended as required by circumstances. The board must approve all |
|
amendments. (Acts 61st Leg., R.S., Ch. 470, Sec. 6 (part).) |
|
Sec. 1099.204. 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. 470, Sec. 6 (part).) |
|
Sec. 1099.205. FISCAL YEAR. The district shall operate on a |
|
fiscal year that begins on September 1 and ends on August 31. (Acts |
|
61st Leg., R.S., Ch. 470, Sec. 6 (part).) |
|
Sec. 1099.206. AUDIT. (a) The district shall have an |
|
independent audit made of the district's financial condition for |
|
each 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. 470, |
|
Sec. 6 (part).) |
|
Sec. 1099.207. 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. 470, |
|
Sec. 6 (part).) |
|
Sec. 1099.208. FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district manager 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. 470, Sec. 6 (part).) |
|
Sec. 1099.209. DEPOSITORY. (a) The board shall select one |
|
or more banks in the district to serve as a depository for district |
|
money. |
|
(b) All district money, other than money invested as |
|
provided by Section 1099.210(b), and money transmitted to a bank |
|
for payment of bonds or obligations issued by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to: |
|
(1) place a part of district money on time deposit; or |
|
(2) purchase certificates of deposit. (Acts 61st |
|
Leg., R.S., Ch. 470, Sec. 11.) |
|
Sec. 1099.210. SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Section 1099.107(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 reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 61st Leg., R.S., Ch. 470, Secs. 5 |
|
(part), 10 (part).) |
|
[Sections 1099.211-1099.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 1099.251. GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to the purchase, |
|
construction, acquisition, repair, or renovation of buildings or |
|
improvements and equipping the buildings or improvements for |
|
hospital purposes. (Acts 61st Leg., R.S., Ch. 470, Sec. 7(a) |
|
(part).) |
|
Sec. 1099.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, 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 imposed for the district may not exceed the tax rate |
|
approved by the voters at the election authorizing the imposition |
|
of the tax. (Acts 61st Leg., R.S., Ch. 470, Sec. 7(a) (part).) |
|
Sec. 1099.253. 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 bond election shall provide for |
|
clerks as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum interest rate of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. (Acts 61st Leg., R.S., Ch. 470, |
|
Sec. 7(a) (part).) |
|
Sec. 1099.254. MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 61st Leg., R.S., Ch. 470, |
|
Sec. 7(d) (part).) |
|
Sec. 1099.255. EXECUTION OF GENERAL OBLIGATION BONDS. The |
|
board president shall execute the general obligation bonds in the |
|
district's name and the board secretary shall countersign the bonds |
|
in the manner provided by Chapter 618, Government Code. (Acts 61st |
|
Leg., R.S., Ch. 470, Sec. 7(d) (part).) |
|
Sec. 1099.256. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of district 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. 470, Sec. 8 (part).) |
|
Sec. 1099.257. REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding |
|
indebtedness issued by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of the outstanding indebtedness. (Acts |
|
61st Leg., R.S., Ch. 470, Secs. 7(a) (part), (c) (part), 8 (part).) |
|
Sec. 1099.258. BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) any bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) any profits made in the sale of the bonds. (Acts |
|
61st Leg., R.S., Ch. 470, Sec. 21 (part).) |
|
[Sections 1099.259-1099.300 reserved for expansion] |
|
SUBCHAPTER G. TAXES |
|
Sec. 1099.301. IMPOSITION OF TAX. (a) The board shall |
|
impose a tax on all taxable property in the district subject to |
|
district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds or other obligations issued by the district for hospital |
|
purposes as provided by this chapter; |
|
(2) provide for the maintenance and operation 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. 470, |
|
Secs. 3(b) (part), 12 (part).) |
|
Sec. 1099.302. TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 40 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. 470, Secs. 3(b) (part), 12 (part).) |
|
Sec. 1099.303. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR. Unless the board by majority vote elects to |
|
have taxes assessed and collected under Section 1099.304, the tax |
|
assessor-collector of the county in which the district is located |
|
shall assess and collect taxes imposed by and for the district. |
|
(Acts 61st Leg., R.S., Ch. 470, Sec. 15 (part).) |
|
Sec. 1099.304. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
ASSESSOR-COLLECTOR. (a) The board, by majority vote, 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 district tax assessor-collector must: |
|
(1) reside in the district; and |
|
(2) own real property subject to district taxation. |
|
(c) The board shall prescribe the district tax |
|
assessor-collector's term of employment and compensation. (Acts 61st Leg., R.S., Ch. 470, Sec. 15 (part).) |
|
|
|
CHAPTER 1100. SOUTH RANDALL COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1100.001. DEFINITIONS |
|
Sec. 1100.002. AUTHORITY FOR OPERATION |
|
Sec. 1100.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1100.004. DISTRICT TERRITORY |
|
Sec. 1100.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1100.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1100.007. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1100.008-1100.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1100.051. BOARD ELECTION; TERM |
|
Sec. 1100.052. NOTICE OF ELECTION |
|
Sec. 1100.053. BALLOT PETITION |
|
Sec. 1100.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1100.055. BOARD VACANCY |
|
Sec. 1100.056. OFFICERS |
|
Sec. 1100.057. QUORUM; VOTING REQUIREMENT |
|
Sec. 1100.058. EXPENSES |
|
Sec. 1100.059. PAYMENT FOR ATTENDANCE AT MEETINGS |
|
Sec. 1100.060. PETITION TO CHANGE NUMBER OF DIRECTORS |
|
Sec. 1100.061. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1100.062. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1100.063. APPOINTMENT OF STAFF AND EMPLOYEES |
|
Sec. 1100.064. RECRUITMENT OF MEDICAL STAFF |
|
Sec. 1100.065. CONTINUING EDUCATION; RETRAINING |
|
[Sections 1100.066-1100.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1100.101. DISTRICT RESPONSIBILITY |
|
Sec. 1100.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1100.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1100.104. HOSPITAL SYSTEM |
|
Sec. 1100.105. RULES |
|
Sec. 1100.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1100.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1100.108. EMINENT DOMAIN |
|
Sec. 1100.109. GIFTS AND ENDOWMENTS |
|
Sec. 1100.110. CONSTRUCTION CONTRACTS |
|
Sec. 1100.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1100.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1100.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1100.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1100.115. REIMBURSEMENT FOR SERVICES |
|
Sec. 1100.116. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1100.117-1100.150 reserved for expansion] |
|
SUBCHAPTER D. CHANGE IN BOUNDARIES |
|
Sec. 1100.151. EXPANSION OF TERRITORY; ELECTION |
|
Sec. 1100.152. BALLOT |
|
[Sections 1100.153-1100.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1100.201. BUDGET |
|
Sec. 1100.202. NOTICE; HEARING; APPROVAL OF BUDGET |
|
Sec. 1100.203. AMENDMENTS TO BUDGET |
|
Sec. 1100.204. RESTRICTION ON EXPENDITURES |
|
Sec. 1100.205. FISCAL YEAR |
|
Sec. 1100.206. AUDIT |
|
Sec. 1100.207. INSPECTION OF AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1100.208. FINANCIAL REPORT |
|
Sec. 1100.209. DEPOSITORY |
|
Sec. 1100.210. SPENDING AND INVESTMENT RESTRICTIONS |
|
Sec. 1100.211. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1100.212-1100.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 1100.251. GENERAL OBLIGATION BONDS |
|
Sec. 1100.252. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1100.253. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1100.254. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1100.255. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1100.256. REVENUE BONDS |
|
Sec. 1100.257. REFUNDING BONDS |
|
Sec. 1100.258. BONDS EXEMPT FROM TAXATION |
|
[Sections 1100.259-1100.300 reserved for expansion] |
|
SUBCHAPTER G. TAXES |
|
Sec. 1100.301. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1100.302. TAX RATE |
|
Sec. 1100.303. TAX ASSESSOR-COLLECTOR |
|
[Sections 1100.304-1100.350 reserved for expansion] |
|
SUBCHAPTER H. DISSOLUTION |
|
Sec. 1100.351. DISSOLUTION; ELECTION |
|
Sec. 1100.352. BALLOT |
|
Sec. 1100.353. ELECTION RESULTS |
|
Sec. 1100.354. TRANSFER OR ADMINISTRATION OF ASSETS |
|
Sec. 1100.355. IMPOSITION OF TAX |
|
Sec. 1100.356. RETURN OF SURPLUS TAXES |
|
Sec. 1100.357. REPORT; DISSOLUTION ORDER |
|
CHAPTER 1100. SOUTH RANDALL COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1100.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the South Randall County Hospital |
|
District. (New.) |
|
Sec. 1100.002. AUTHORITY FOR OPERATION. The South Randall |
|
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 62nd Leg., R.S., Ch. 200, |
|
Sec. 1 (part).) |
|
Sec. 1100.003. ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 62nd Leg., R.S., Ch. 200, Sec. 21 (part).) |
|
Sec. 1100.004. DISTRICT TERRITORY. Unless the district's |
|
boundaries are expanded under Subchapter D, the boundaries of the |
|
district are coextensive with the boundaries of County |
|
Commissioners Precinct Number 3 of Randall County, Texas, as the |
|
boundaries of that precinct existed on January 1, 1971. (Acts 62nd |
|
Leg., R.S., Ch. 200, Sec. 1 (part).) |
|
Sec. 1100.005. CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 62nd Leg., R.S., Ch. 200, Sec. 23 (part).) |
|
Sec. 1100.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 62nd |
|
Leg., R.S., Ch. 200, Sec. 20 (part).) |
|
Sec. 1100.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 62nd Leg., R.S., Ch. 200, Sec. 20 (part).) |
|
[Sections 1100.008-1100.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1100.051. BOARD ELECTION; TERM. (a) Unless the number |
|
of directors is increased or decreased in accordance with Section |
|
1100.060, the board consists of seven directors elected from the |
|
district at large. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; and |
|
(2) an election shall be held annually on the May |
|
uniform election date to elect the appropriate number of directors. |
|
(Acts 62nd Leg., R.S., Ch. 200, Sec. 4(c) (part).) |
|
Sec. 1100.052. NOTICE OF ELECTION. At least 30 days before |
|
the date of a directors' election, notice of the election must be |
|
published one time in a newspaper or newspapers that individually |
|
or collectively have general circulation in the district. (Acts |
|
62nd Leg., R.S., Ch. 200, Sec. 4(c) (part).) |
|
Sec. 1100.053. 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 taxpaying voters; |
|
and |
|
(2) filed by the deadline imposed by Section 144.005, |
|
Election Code. (Acts 62nd Leg., R.S., Ch. 200, Sec. 4(c) (part).) |
|
Sec. 1100.054. QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) a resident of the district; and |
|
(2) a qualified voter. |
|
(b) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; |
|
(2) a district employee; or |
|
(3) a member of the hospital staff. (Acts 62nd Leg., |
|
R.S., Ch. 200, Sec. 4(d).) |
|
Sec. 1100.055. BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall fill the vacancy |
|
for the unexpired term. (Acts 62nd Leg., R.S., Ch. 200, Sec. 4(c) |
|
(part).) |
|
Sec. 1100.056. 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 a one-year term. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 62nd Leg., R.S., Ch. 200, Sec. 4(e) (part).) |
|
Sec. 1100.057. QUORUM; VOTING REQUIREMENT. (a) Any four |
|
directors constitute a quorum. |
|
(b) A concurrence of four directors is sufficient in any |
|
matter relating to district business. (Acts 62nd Leg., R.S., Ch. |
|
200, Sec. 4(e) (part).) |
|
Sec. 1100.058. EXPENSES. A director or officer may be |
|
reimbursed for actual expenses incurred in the performance of |
|
official duties. The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 62nd Leg., R.S., Ch. |
|
200, Sec. 4(e) (part).) |
|
Sec. 1100.059. PAYMENT FOR ATTENDANCE AT MEETINGS. The |
|
board may establish a system of payments set at a reasonable amount |
|
determined by the board for attending board or committee meetings |
|
related to the performance of official duties. (Acts 62nd Leg., |
|
R.S., Ch. 200, Sec. 4(e) (part).) |
|
Sec. 1100.060. PETITION TO CHANGE NUMBER OF DIRECTORS. (a) |
|
A petition to increase or decrease the number of directors by one or |
|
two directors may be presented to the board at any time. |
|
(b) A petition to increase or decrease the number of |
|
directors must: |
|
(1) be executed by at least 100 registered voters of |
|
the district; and |
|
(2) suggest the number of directors the petitioners |
|
believe are required for the orderly administration of district |
|
affairs. |
|
(c) Not later than the 90th day after the date a proper |
|
petition is presented to the board, the board shall order an |
|
election on the question of changing the number of directors to a |
|
number not to exceed the number suggested by the petition. |
|
(d) The order calling the election shall provide for |
|
election officials as in county elections and must specify: |
|
(1) the date of the election; and |
|
(2) the location of the polling places. |
|
(e) Notice of the election shall be published as provided by |
|
Section 1251.003, Government Code. |
|
(f) The ballot for the election shall be printed to permit |
|
voting for or against the proposition: "Providing for an increase |
|
(decrease) in the number of directors of the South Randall County |
|
Hospital District." |
|
(g) If a proposition to increase the number of directors is |
|
approved by a majority of the voters participating in the election: |
|
(1) each director in office shall continue to serve |
|
for the term for which the director was elected or appointed; and |
|
(2) the board shall appoint any additional directors |
|
to serve until the next regular election of directors, at which time |
|
a successor shall be elected. |
|
(h) If a proposition to decrease the number of directors is |
|
approved by a majority of the voters participating in the election: |
|
(1) the reduction takes effect at the next regular |
|
election or election of directors; and |
|
(2) not more than one position may be deleted at each |
|
election. |
|
(i) Notwithstanding Subsection (c), another election for |
|
the same purpose may not be held before the third anniversary of the |
|
date of an election under this section. (Acts 62nd Leg., R.S., Ch. |
|
200, Sec. 4(f) (part).) |
|
Sec. 1100.061. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
district administrator. |
|
(b) The district administrator may appoint an assistant |
|
administrator. |
|
(c) The district administrator shall serve at the will of |
|
the board and shall receive the compensation determined by the |
|
board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains any other condition the board requires. |
|
(Acts 62nd Leg., R.S., Ch. 200, Sec. 5 (part).) |
|
Sec. 1100.062. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to any limitation prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 62nd |
|
Leg., R.S., Ch. 200, Sec. 5 (part).) |
|
Sec. 1100.063. 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 if warranted. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys as the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ district employees, including technicians and |
|
nurses. (Acts 62nd Leg., R.S., Ch. 200, Secs. 5 (part), 16.) |
|
Sec. 1100.064. RECRUITMENT OF MEDICAL STAFF. (a) The |
|
district may spend district money to recruit physicans, nurses, or |
|
other trained medical personnel. |
|
(b) The district may pay the tuition or other costs or |
|
expenses of a full-time medical or nursing student who: |
|
(1) is enrolled in and is in good standing at an |
|
accredited school, college, or university; and |
|
(2) contractually agrees to become a district employee |
|
in return for that assistance. (Acts 62nd Leg., R.S., Ch. 200, Secs. |
|
5A(a), (b).) |
|
Sec. 1100.065. CONTINUING EDUCATION; RETRAINING. The board |
|
may spend district money for continuing education and retraining of |
|
employees. (Acts 62nd Leg., R.S., Ch. 200, Sec. 5A(c).) |
|
[Sections 1100.066-1100.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1100.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating all hospital facilities for |
|
providing hospital care for the district's needy inhabitants. |
|
(Acts 62nd Leg., R.S., Ch. 200, Sec. 19 (part).) |
|
Sec. 1100.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located within the |
|
district may not impose a tax or issue bonds or other obligations |
|
for hospital purposes or to provide medical care for district |
|
inhabitants. (Acts 62nd Leg., R.S., Ch. 200, Sec. 19 (part).) |
|
Sec. 1100.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 62nd Leg., R.S., Ch. |
|
200, Sec. 5 (part).) |
|
Sec. 1100.104. HOSPITAL SYSTEM. (a) The district shall |
|
provide for: |
|
(1) the establishment of a hospital system by: |
|
(A) purchasing, constructing, acquiring, |
|
repairing, or renovating buildings and equipment; and |
|
(B) equipping the buildings; and |
|
(2) the administration of the hospital system for |
|
hospital purposes. |
|
(b) The hospital system may include: |
|
(1) domiciliary care and treatment of the sick, |
|
injured, or geriatric; |
|
(2) outpatient clinics; |
|
(3) dispensaries; |
|
(4) convalescent home facilities; |
|
(5) necessary nurses; |
|
(6) domiciliaries and training centers; |
|
(7) blood banks; |
|
(8) community mental health centers; |
|
(9) research centers or laboratories; and |
|
(10) any other facilities the board considers |
|
necessary for hospital care. (Acts 62nd Leg., R.S., Ch. 200, Secs. |
|
2 (part), 10(a) (part).) |
|
Sec. 1100.105. RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 62nd Leg., R.S., Ch. 200, |
|
Sec. 5 (part).) |
|
Sec. 1100.106. PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 62nd |
|
Leg., R.S., Ch. 200, Sec. 10(b) (part).) |
|
Sec. 1100.107. 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 or lease equipment for use in |
|
the district's hospital system and mortgage or pledge the property |
|
as security for the payment of the purchase price. A contract |
|
entered into under this subsection must provide that the entire |
|
obligation be retired not later than the fifth anniversary of the |
|
date of the contract. |
|
(d) The district may borrow money to purchase equipment or |
|
for other purposes authorized by the board. The board may pledge |
|
all or part of the district's tax revenue to the payment of the |
|
amounts borrowed. Section 1100.211(c) does not apply to amounts |
|
borrowed under this subsection. |
|
(e) The district may sell or otherwise dispose of any |
|
property, including equipment, on terms the board finds are in the |
|
best interest of the district's inhabitants. (Acts 62nd Leg., |
|
R.S., Ch. 200, Secs. 10(a) (part), (b) (part).) |
|
Sec. 1100.108. 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 to a power, |
|
right, or privilege conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. (Acts 62nd Leg., R.S., Ch. 200, |
|
Sec. 14.) |
|
Sec. 1100.109. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 62nd Leg., R.S., Ch. 200, |
|
Sec. 18.) |
|
Sec. 1100.110. CONSTRUCTION CONTRACTS. A construction |
|
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. (Acts 62nd Leg., R.S., Ch. 200, |
|
Sec. 10(b) (part).) |
|
Sec. 1100.111. OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 62nd Leg., R.S., Ch. 200, Sec. 10(a) |
|
(part).) |
|
Sec. 1100.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries for the 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 state or federal government to reimburse the |
|
district for treatment of a sick or injured person. (Acts 62nd |
|
Leg., R.S., Ch. 200, Sec. 5 (part).) |
|
Sec. 1100.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with |
|
another political subdivision or governmental agency for the |
|
district to provide investigatory or other services for the |
|
medical, hospital, or welfare needs of district inhabitants. (Acts |
|
62nd Leg., R.S., Ch. 200, Sec. 5 (part).) |
|
Sec. 1100.114. 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 legally liable for the |
|
patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay for all or part of the |
|
patient's care and treatment in the hospital, the amount 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 their |
|
financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from those relatives 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 order. |
|
(f) The final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 62nd Leg., R.S., Ch. 200, Sec. 17.) |
|
Sec. 1100.115. REIMBURSEMENT FOR SERVICES. (a) The board |
|
shall require the sheriff of Randall County or the police chief of a |
|
municipality located in Randall County, as appropriate, to |
|
reimburse the district for the district's care and treatment of a |
|
person confined in a jail facility of Randall County or a |
|
municipality located in Randall County who is not a district |
|
resident. |
|
(b) A person confined in a jail facility of Randall County |
|
or a municipality located in Randall County, as appropriate, is not |
|
considered a district resident unless the person meets the |
|
qualifications for residency notwithstanding the confinement, the |
|
length of confinement, or the facts surrounding the confinement. |
|
(Acts 62nd Leg., R.S., Ch. 200, Sec. 5 (part).) |
|
Sec. 1100.116. AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 62nd Leg., R.S., Ch. |
|
200, Sec. 5 (part).) |
|
[Sections 1100.117-1100.150 reserved for expansion] |
|
SUBCHAPTER D. CHANGE IN BOUNDARIES |
|
Sec. 1100.151. EXPANSION OF TERRITORY; ELECTION. (a) The |
|
board may order an election on the question of: |
|
(1) expanding the district's boundaries to include all |
|
of the territory in Randall County that is not included in the City |
|
of Amarillo Hospital District; |
|
(2) the assumption by the additional territory of a |
|
proportionate share of district debt; and |
|
(3) the imposition of taxes in the territory to be |
|
added to that district. |
|
(b) The district may not be expanded unless the expansion, |
|
assumption of debt, and imposition of taxes are approved by a |
|
majority of the voters at: |
|
(1) an election held in the district; and |
|
(2) a separate election held in the territory to be |
|
added. |
|
(c) The election in the district and the election in the |
|
territory to be added must be held on the same day. |
|
(d) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 62nd Leg., R.S., Ch. |
|
200, Secs. 1A(a), (c), (d), (e) (part).) |
|
Sec. 1100.152. BALLOT. The ballot for the election must be |
|
printed to permit voting for or against the proposition: |
|
"Expanding the South Randall County Hospital District to include |
|
all of the territory in Randall County that is not included in the |
|
City of Amarillo Hospital District, the assumption by the |
|
additional territory of its proportionate share of the district's |
|
outstanding debt, and the imposition of a tax not to exceed 75 cents |
|
on each $100 of valuation on all taxable property in the expanded |
|
area of the district." (Acts 62nd Leg., R.S., Ch. 200, Sec. 1A(b).) |
|
[Sections 1100.153-1100.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1100.201. 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 to the credit of each district |
|
fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 62nd Leg., |
|
R.S., Ch. 200, Sec. 6 (part).) |
|
Sec. 1100.202. NOTICE; HEARING; APPROVAL 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. |
|
(c) Any district taxpayer is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall act 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 the law warrants. (Acts 62nd |
|
Leg., R.S., Ch. 200, Sec. 6 (part).) |
|
Sec. 1100.203. AMENDMENTS TO BUDGET. The annual budget may |
|
be amended as required by circumstances. The board must approve all |
|
amendments. (Acts 62nd Leg., R.S., Ch. 200, Sec. 6 (part).) |
|
Sec. 1100.204. RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the annual budget or an |
|
amendment to the budget. (Acts 62nd Leg., R.S., Ch. 200, Sec. 6 |
|
(part).) |
|
Sec. 1100.205. FISCAL YEAR. (a) The district operates |
|
according to a fiscal year established by the board. |
|
(b) The fiscal year may not be changed more than once in a |
|
24-month period. (Acts 62nd Leg., R.S., Ch. 200, Sec. 6 (part).) |
|
Sec. 1100.206. AUDIT. The board shall have an audit made of |
|
the district's financial condition. (Acts 62nd Leg., R.S., Ch. |
|
200, Sec. 6 (part).) |
|
Sec. 1100.207. INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
The audit and other district records shall be open to inspection at |
|
the district's principal office. (Acts 62nd Leg., R.S., Ch. 200, |
|
Sec. 6 (part).) |
|
Sec. 1100.208. FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 62nd Leg., R.S., Ch. 200, Sec. 6 (part).) |
|
Sec. 1100.209. DEPOSITORY. (a) The board shall select one |
|
or more banks or other federally insured financial institutions |
|
inside or outside the district to serve as a depository for district |
|
money. |
|
(b) District money, other than money invested as provided by |
|
Section 1100.210(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 portion of district money on time deposit; |
|
or |
|
(2) purchase certificates of deposit. (Acts 62nd |
|
Leg., R.S., Ch. 200, Sec. 11.) |
|
Sec. 1100.210. SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Sections 1100.104(b), 1100.107, |
|
1100.110, 1100.111, and 1100.211 and Subchapter F, the district may |
|
not incur an obligation payable from district revenue other than |
|
the revenue on hand or to be on hand in the current and following |
|
district fiscal years. |
|
(b) The board may invest district money in funds and |
|
securities as prescribed by Chapter 2256, Government Code. (Acts |
|
62nd Leg., R.S., Ch. 200, Secs. 5 (part), 10(b) (part).) |
|
Sec. 1100.211. 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 district |
|
obligations; 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) 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) 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 purposes for which the pledged taxes were imposed or the |
|
pledged bonds were authorized. (Acts 62nd Leg., R.S., Ch. 200, Sec. |
|
9A.) |
|
[Sections 1100.212-1100.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 1100.251. GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings or improvements; and |
|
(2) equipping buildings or improvements for hospital |
|
purposes. (Acts 62nd Leg., R.S., Ch. 200, Sec. 7 (part).) |
|
Sec. 1100.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, 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 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 62nd |
|
Leg., R.S., Ch. 200, Sec. 7 (part).) |
|
Sec. 1100.253. 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 a bond election 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 published as provided |
|
by Section 1251.003, Government Code. (Acts 62nd Leg., R.S., Ch. |
|
200, Sec. 7 (part).) |
|
Sec. 1100.254. MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 62nd Leg., R.S., Ch. 200, |
|
Sec. 7 (part).) |
|
Sec. 1100.255. EXECUTION OF GENERAL OBLIGATION BONDS. The |
|
board president shall execute the district's general obligation |
|
bonds in the district's name, and the board secretary shall |
|
countersign the general obligation bonds in the manner provided by |
|
Chapter 618, Government Code. (Acts 62nd Leg., R.S., Ch. 200, Sec. |
|
7 (part).) |
|
Sec. 1100.256. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health |
|
and Safety Code, for issuance of revenue bonds by a county hospital |
|
authority. (Acts 62nd Leg., R.S., Ch. 200, Sec. 9 (part).) |
|
Sec. 1100.257. REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding |
|
indebtedness issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 62nd |
|
Leg., R.S., Ch. 200, Secs. 7 (part), 9 (part).) |
|
Sec. 1100.258. 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) any profits made in the sale of the bonds. (Acts |
|
62nd Leg., R.S., Ch. 200, Sec. 21 (part).) |
|
[Sections 1100.259-1100.300 reserved for expansion] |
|
SUBCHAPTER G. TAXES |
|
Sec. 1100.301. IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all taxable property in the district subject |
|
to district taxation. |
|
(b) The board shall impose the tax to pay: |
|
(1) the district's indebtedness, including |
|
obligations created or assumed by the district; and |
|
(2) the district's maintenance and operating expenses. |
|
(Acts 62nd Leg., R.S., Ch. 200, Secs. 7 (part), 12 (part).) |
|
Sec. 1100.302. TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of all |
|
taxable property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 62nd |
|
Leg., R.S., Ch. 200, Secs. 7 (part), 12 (part).) |
|
Sec. 1100.303. TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 62nd Leg., R.S., Ch. 200, Sec. |
|
15(c).) |
|
[Sections 1100.304-1100.350 reserved for expansion] |
|
SUBCHAPTER H. DISSOLUTION |
|
Sec. 1100.351. DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved as provided by this subchapter. |
|
(b) The board may order an election on the question of |
|
dissolving the district and disposing of the district's assets and |
|
obligations. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 30 |
|
registered voters in the district. |
|
(d) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 62nd Leg., R.S., Ch. |
|
200, Secs. 21A(a), (b), (c) (part).) |
|
Sec. 1100.352. BALLOT. The ballot for the election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the South Randall County Hospital |
|
District." (Acts 62nd Leg., R.S., Ch. 200, Sec. 21A(d) (part).) |
|
Sec. 1100.353. ELECTION RESULTS. (a) If a majority of the |
|
votes in the election under this subchapter favor dissolution, the |
|
board shall find that the district is dissolved. |
|
(b) If a majority of the votes in the election do not favor |
|
dissolution, the board shall continue to administer the district |
|
and another election on the question of dissolution may not be held |
|
before the first anniversary of the date of the most recent election |
|
to dissolve the district. (Acts 62nd Leg., R.S., Ch. 200, Sec. |
|
21A(e).) |
|
Sec. 1100.354. 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 to Randall County the land, buildings, |
|
improvements, equipment, and other assets that belong to the |
|
district; or |
|
(2) administer the property, assets, and debts in |
|
accordance with this subchapter. |
|
(b) If the board makes the transfer under Subsection (a)(1), |
|
the county assumes all debts and obligations of the district at the |
|
time of the transfer, and the district is dissolved. |
|
(c) If the board does not make the transfer under Subsection |
|
(a)(1), the board shall continue to control and administer the |
|
property, debts, and assets of the district under Subsection (a)(2) |
|
until all money has been disposed of and all district debts have |
|
been paid or settled. (Acts 62nd Leg., R.S., Ch. 200, Secs. 21A(f), |
|
21B(a).) |
|
Sec. 1100.355. IMPOSITION OF TAX. (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) The board may institute a suit to enforce payment of |
|
taxes and to foreclose liens to secure the payment of the taxes. |
|
(Acts 62nd Leg., R.S., Ch. 200, Secs. 21B(b), (c).) |
|
Sec. 1100.356. RETURN OF SURPLUS TAXES. (a) On the payment |
|
of all outstanding debts and obligations of the district, the board |
|
shall order the board secretary to return to each district taxpayer |
|
the taxpayer's pro rata share of all unused tax money. |
|
(b) 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 board |
|
secretary to transmit the money to the county tax |
|
assessor-collector. (Acts 62nd Leg., R.S., Ch. 200, Sec. 21B(d).) |
|
Sec. 1100.357. 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 Randall County summarizing the board's actions in dissolving the |
|
district. |
|
(b) Not later than the 10th day after the date the |
|
Commissioners Court of Randall 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 62nd Leg., R.S., Ch. 200, Sec. 21B(e).) |
|
|
|
CHAPTER 1101. SUTTON COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1101.001. DEFINITIONS |
|
Sec. 1101.002. AUTHORITY FOR OPERATION |
|
Sec. 1101.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1101.004. DISTRICT TERRITORY |
|
Sec. 1101.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1101.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1101.007-1101.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1101.051. BOARD ELECTION; TERM |
|
Sec. 1101.052. NOTICE OF ELECTION |
|
Sec. 1101.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1101.054. BOARD VACANCY |
|
Sec. 1101.055. OFFICERS |
|
Sec. 1101.056. COMPENSATION; EXPENSES |
|
Sec. 1101.057. VOTING REQUIREMENT |
|
Sec. 1101.058. DISTRICT ADMINISTRATOR |
|
Sec. 1101.059. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1101.060. ASSISTANT DISTRICT ADMINISTRATOR; |
|
ATTORNEY |
|
Sec. 1101.061. APPOINTMENT AND RECRUITMENT OF STAFF |
|
AND EMPLOYEES |
|
Sec. 1101.062. NURSING SCHOOL SCHOLARSHIPS |
|
Sec. 1101.063. RETIREMENT BENEFITS |
|
[Sections 1101.064-1101.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1101.101. DISTRICT RESPONSIBILITY |
|
Sec. 1101.102. RESTRICTION ON COUNTY TAXATION AND DEBT |
|
Sec. 1101.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1101.104. RULES |
|
Sec. 1101.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1101.106. MOBILE EMERGENCY MEDICAL SERVICE |
|
Sec. 1101.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1101.108. GIFTS AND ENDOWMENTS |
|
Sec. 1101.109. CONSTRUCTION CONTRACTS |
|
Sec. 1101.110. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1101.111. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR SERVICES |
|
Sec. 1101.112. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1101.113. REIMBURSEMENT FOR SERVICES |
|
Sec. 1101.114. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1101.115-1101.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1101.151. BUDGET |
|
Sec. 1101.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1101.153. AMENDMENTS TO BUDGET |
|
Sec. 1101.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1101.155. FISCAL YEAR |
|
Sec. 1101.156. ANNUAL AUDIT |
|
Sec. 1101.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1101.158. FINANCIAL REPORT |
|
Sec. 1101.159. DEPOSITORY |
|
Sec. 1101.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
Sec. 1101.161. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1101.162-1101.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1101.201. GENERAL OBLIGATION BONDS |
|
Sec. 1101.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1101.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1101.204. REVENUE BONDS |
|
Sec. 1101.205. REFUNDING BONDS |
|
Sec. 1101.206. MATURITY OF BONDS |
|
Sec. 1101.207. EXECUTION OF BONDS |
|
Sec. 1101.208. ADDITIONAL MEANS OF SECURING PAYMENT |
|
OF BONDS |
|
Sec. 1101.209. USE OF BOND PROCEEDS |
|
Sec. 1101.210. BONDS EXEMPT FROM TAXATION |
|
[Sections 1101.211-1101.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1101.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1101.252. TAX RATE |
|
Sec. 1101.253. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
Sec. 1101.254. LIMIT ON ANNUAL INCREASE IN TAX RATE |
|
Sec. 1101.255. TAX ASSESSOR-COLLECTOR |
|
[Sections 1101.256-1101.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1101.301. DISSOLUTION; ELECTION |
|
Sec. 1101.302. BALLOT |
|
Sec. 1101.303. ELECTION RESULTS |
|
Sec. 1101.304. TRANSFER OR ADMINISTRATION OF ASSETS |
|
Sec. 1101.305. BOARD MANAGEMENT OF ASSETS ON |
|
DISSOLUTION; IMPOSITION OF TAX |
|
Sec. 1101.306. RETURN OF SURPLUS TAXES |
|
Sec. 1101.307. REPORT; DISSOLUTION ORDER |
|
CHAPTER 1101. SUTTON COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1101.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Commissioners court" means the Commissioners |
|
Court of Sutton County, Texas. |
|
(3) "Director" means a member of the board. |
|
(4) "District" means the Sutton County Hospital |
|
District. (Acts 68th Leg., R.S., Ch. 1047, Sec. 1.01.) |
|
Sec. 1101.002. AUTHORITY FOR OPERATION. The Sutton County |
|
Hospital District operates and is financed as provided by Section |
|
9, Article IX, Texas Constitution, and by this chapter. (Acts 68th |
|
Leg., R.S., Ch. 1047, Sec. 1.02.) |
|
Sec. 1101.003. ESSENTIAL PUBLIC FUNCTION. The district is |
|
a public entity performing an essential public function. (Acts |
|
68th Leg., R.S., Ch. 1047, Sec. 6.11 (part).) |
|
Sec. 1101.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Sutton County, |
|
Texas. (Acts 68th Leg., R.S., Ch. 1047, Sec. 1.03.) |
|
Sec. 1101.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. This state may not become obligated for the support or |
|
maintenance of the district. (Acts 68th Leg., R.S., Ch. 1047, Sec. |
|
8.01 (part).) |
|
Sec. 1101.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 68th Leg., R.S., Ch. 1047, Sec. 8.01 (part).) |
|
[Sections 1101.007-1101.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1101.051. BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of seven directors elected as follows: |
|
(1) one director elected from each commissioners |
|
precinct; and |
|
(2) three directors elected from the district at |
|
large. |
|
(b) Directors serve staggered four-year terms. |
|
(c) An election shall be held in each even-numbered year on |
|
the May uniform election date under Section 41.001, Election Code, |
|
to elect the appropriate number of directors. (Acts 68th Leg., |
|
R.S., Ch. 1047, Secs. 3.01(a), 3.03(a), (d); Acts 72nd Leg., R.S., |
|
Ch. 521, Sec. 4.) |
|
Sec. 1101.052. NOTICE OF ELECTION. Notice of a directors' |
|
election must be published one time in a newspaper with general |
|
circulation in the district in accordance with Section 4.003, |
|
Election Code. (Acts 68th Leg., R.S., Ch. 1047, Sec. 3.04.) |
|
Sec. 1101.053. QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to be a candidate for or to serve as a director, a person |
|
must be: |
|
(1) a resident of the district; and |
|
(2) a qualified voter. |
|
(b) In addition to the qualifications required by |
|
Subsection (a), a person who is elected from a commissioners |
|
precinct or who is appointed to fill a vacancy for a commissioners |
|
precinct must be a resident of that commissioners precinct. |
|
(c) A district employee may not serve as a director. (Acts |
|
68th Leg., R.S., Ch. 1047, Sec. 3.06.) |
|
Sec. 1101.054. BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 68th Leg., R.S., Ch. 1047, |
|
Sec. 3.07.) |
|
Sec. 1101.055. OFFICERS. (a) The board shall elect from |
|
among its members a president and a vice president. |
|
(b) The board shall appoint a secretary, who need not be a |
|
director. |
|
(c) Each officer of the board serves a one-year term. |
|
(d) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 68th Leg., R.S., Ch. 1047, Secs. 3.08, 3.09.) |
|
Sec. 1101.056. 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 68th Leg., R.S., Ch. |
|
1047, Sec. 3.10.) |
|
Sec. 1101.057. VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors voting is necessary in any matter |
|
relating to district business. (Acts 68th Leg., R.S., Ch. 1047, |
|
Sec. 3.11.) |
|
Sec. 1101.058. DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to compensation as determined by the board. |
|
(c) Before assuming the duties of district administrator, |
|
the administrator must execute a bond in an amount determined by the |
|
board of not less than $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
administrator's duties under this chapter. |
|
(d) The board may pay for the bond with district money. |
|
(Acts 68th Leg., R.S., Ch. 1047, Secs. 3.12(a) (part), (b) (part), |
|
(c) (part), (d).) |
|
Sec. 1101.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. (Acts |
|
68th Leg., R.S., Ch. 1047, Sec. 3.15.) |
|
Sec. 1101.060. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
(a) The board may appoint qualified persons as: |
|
(1) the assistant district administrator; and |
|
(2) the attorney for the district. |
|
(b) The assistant district administrator and the attorney |
|
for the district serve at the will of the board and are entitled to |
|
compensation as determined by the board. (Acts 68th Leg., R.S., Ch. |
|
1047, Secs. 3.12(a) (part), (b) (part), (c) (part).) |
|
Sec. 1101.061. APPOINTMENT AND RECRUITMENT OF STAFF AND |
|
EMPLOYEES. (a) The board may appoint to the staff any doctors the |
|
board considers necessary for the efficient operation of the |
|
district and may make temporary appointments as considered |
|
necessary. |
|
(b) The district may employ technicians, nurses, fiscal |
|
agents, accountants, architects, additional attorneys, and other |
|
necessary employees. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ persons for the district. |
|
(d) The board may spend district money to recruit to the |
|
hospital staff any physicians necessary to satisfy the medical |
|
needs of district residents. (Acts 68th Leg., R.S., Ch. 1047, Secs. |
|
3.13, 3.14, 4.05(c) (part).) |
|
Sec. 1101.062. NURSING SCHOOL SCHOLARSHIPS. The board may |
|
spend district money to provide scholarships to district residents |
|
to attend nursing school. (Acts 68th Leg., R.S., Ch. 1047, Sec. |
|
4.05(c) (part).) |
|
Sec. 1101.063. 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 68th Leg., R.S., Ch. |
|
1047, Sec. 3.16.) |
|
[Sections 1101.064-1101.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1101.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating hospital facilities and for |
|
providing medical and hospital care for the district's needy |
|
inhabitants. (Acts 68th Leg., R.S., Ch. 1047, Sec. 4.02 (part).) |
|
Sec. 1101.102. RESTRICTION ON COUNTY TAXATION AND DEBT. |
|
Sutton County may not impose a tax or issue bonds or other |
|
obligations for hospital purposes or to provide medical care for |
|
district residents. (Acts 68th Leg., R.S., Ch. 1047, Sec. 4.01.) |
|
Sec. 1101.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 68th Leg., R.S., Ch. |
|
1047, Sec. 4.03.) |
|
Sec. 1101.104. RULES. The board may adopt rules governing: |
|
(1) the operation of the hospital and hospital system; |
|
and |
|
(2) the duties, functions, and responsibilities of |
|
district staff and employees. (Acts 68th Leg., R.S., Ch. 1047, Sec. |
|
4.04.) |
|
Sec. 1101.105. PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) accounting and control procedures for the |
|
district. (Acts 68th Leg., R.S., Ch. 1047, Secs. 4.05(a), (b).) |
|
Sec. 1101.106. MOBILE EMERGENCY MEDICAL SERVICE. The |
|
district may operate or provide for the operation of a mobile |
|
emergency medical service. (Acts 68th Leg., R.S., Ch. 1047, Sec. |
|
4.02 (part).) |
|
Sec. 1101.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The hospital system may include: |
|
(1) facilities and equipment to provide for |
|
domiciliary care and treatment of geriatric patients; and |
|
(2) convalescent home facilities. |
|
(c) The board may: |
|
(1) acquire property, including facilities and |
|
equipment, for the district for use in the hospital system; and |
|
(2) mortgage or pledge the property as security for |
|
payment of the purchase price. |
|
(d) The board may lease hospital facilities for the |
|
district. |
|
(e) The board may sell or otherwise dispose of property, |
|
including facilities or equipment, for the district. (Acts 68th |
|
Leg., R.S., Ch. 1047, Sec. 4.06.) |
|
Sec. 1101.108. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for any |
|
purpose and under any direction, limitation, or other provision |
|
prescribed in writing by the donor that is consistent with the |
|
proper management of the district. (Acts 68th Leg., R.S., Ch. 1047, |
|
Sec. 4.12.) |
|
Sec. 1101.109. CONSTRUCTION CONTRACTS. (a) The board may |
|
enter into construction contracts for the district. |
|
(b) The board may enter into a construction contract that |
|
involves the expenditure of more than the amount provided by |
|
Section 271.024, Local Government Code, only after competitive |
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
Code. (Acts 68th Leg., R.S., Ch. 1047, Sec. 4.07(a).) |
|
Sec. 1101.110. OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a hospital facility for the district. (Acts 68th Leg., R.S., Ch. |
|
1047, Sec. 4.08.) |
|
Sec. 1101.111. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
SERVICES. The board may contract with a political subdivision of |
|
this state or with a state or federal agency for the district to: |
|
(1) furnish a mobile emergency medical service; or |
|
(2) provide for the investigatory or welfare needs of |
|
district inhabitants. (Acts 68th Leg., R.S., Ch. 1047, Sec. 4.11.) |
|
Sec. 1101.112. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When an individual who resides in the district is admitted as a |
|
patient to a district facility, the district administrator may have |
|
an inquiry made into the financial circumstances of: |
|
(1) the patient; and |
|
(2) a relative of the patient legally responsible for |
|
the patient's support. |
|
(b) To the extent that the patient or a relative of the |
|
patient legally responsible for the patient's support cannot pay |
|
for care and treatment provided by the district, the district shall |
|
supply the care and treatment without charging the patient or the |
|
relative. |
|
(c) On determining that the patient or a relative legally |
|
responsible for the patient's support can pay for all or part of the |
|
care and treatment provided by the district, the district |
|
administrator shall report that determination to the board, and the |
|
board shall issue an order directing the patient or the relative to |
|
pay the district a specified amount each week. The amount must be |
|
based on the individual's ability to pay. |
|
(d) The district administrator may collect money owed to the |
|
district from the patient's estate or from that of a relative |
|
legally responsible for the patient's support in the manner |
|
provided by law for the collection of expenses in the last illness |
|
of a deceased person. |
|
(e) If there is a dispute relating to an individual's |
|
ability to pay or if the district administrator has any doubt |
|
concerning an individual's ability to pay, the board shall: |
|
(1) call witnesses; |
|
(2) hear and resolve the question; and |
|
(3) issue a final order. |
|
(f) The final order of the board may be appealed to a |
|
district court in Sutton County. The substantial evidence rule |
|
applies to the appeal. (Acts 68th Leg., R.S., Ch. 1047, Sec. 4.09.) |
|
Sec. 1101.113. REIMBURSEMENT FOR SERVICES. (a) The board |
|
shall require a county or municipality located outside the district |
|
to reimburse the district for the district's care and treatment of a |
|
sick or injured person of that county or municipality. |
|
(b) The board shall require the sheriff of Sutton County to |
|
reimburse the district for the district's care and treatment of a |
|
person confined in a jail facility of Sutton County who is not a |
|
district resident. |
|
(c) On behalf of the district, the board may contract with |
|
the state or federal government for that government to reimburse |
|
the district for treatment of a sick or injured person. (Acts 68th |
|
Leg., R.S., Ch. 1047, Sec. 4.10.) |
|
Sec. 1101.114. AUTHORITY TO SUE AND BE SUED. The board may |
|
sue and be sued on behalf of the district. (Acts 68th Leg., R.S., |
|
Ch. 1047, Sec. 4.13.) |
|
[Sections 1101.115-1101.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1101.151. BUDGET. (a) The district administrator |
|
shall prepare a proposed annual budget for the district. |
|
(b) The proposed budget must contain a complete financial |
|
statement, including a statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand to the credit of each |
|
district fund; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 68th Leg., |
|
R.S., Ch. 1047, Sec. 5.04.) |
|
Sec. 1101.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) The board shall publish notice of the hearing in a |
|
newspaper with general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the |
|
taxpayers. |
|
(e) The budget is effective only after adoption by the |
|
board. (Acts 68th Leg., R.S., Ch. 1047, Sec. 5.05.) |
|
Sec. 1101.153. AMENDMENTS TO BUDGET. After the annual |
|
budget is adopted, the budget may be amended on the board's |
|
approval. (Acts 68th Leg., R.S., Ch. 1047, Sec. 5.06.) |
|
Sec. 1101.154. RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the annual budget or an |
|
amendment to the budget. (Acts 68th Leg., R.S., Ch. 1047, Sec. |
|
5.07.) |
|
Sec. 1101.155. FISCAL YEAR. The district operates |
|
according to a fiscal year established by the board. (Acts 68th |
|
Leg., R.S., Ch. 1047, Sec. 5.01.) |
|
Sec. 1101.156. ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 68th |
|
Leg., R.S., Ch. 1047, Sec. 5.02.) |
|
Sec. 1101.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records shall be open |
|
to inspection during regular business hours at the district's |
|
principal office. (Acts 68th Leg., R.S., Ch. 1047, Sec. 5.03.) |
|
Sec. 1101.158. FINANCIAL REPORT. As soon as practicable |
|
after the close of the fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a sworn statement of the amount of district money; |
|
and |
|
(2) an account of the disbursements of that money. |
|
(Acts 68th Leg., R.S., Ch. 1047, Sec. 5.08.) |
|
Sec. 1101.159. DEPOSITORY. (a) The board shall select at |
|
least one bank to serve as a depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1101.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. This subsection does not limit the power of the board to: |
|
(1) place a portion of district money on time deposit; |
|
or |
|
(2) purchase certificates of deposit. (Acts 68th Leg., |
|
R.S., Ch. 1047, Secs. 5.10(a), (b).) |
|
Sec. 1101.160. SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as provided by Sections 1101.109, 1101.201, 1101.204, and |
|
1101.205, the district may not incur a debt payable from district |
|
revenue other than the revenue on hand or to be on hand in the |
|
current and immediately following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 68th Leg., R.S., Ch. 1047, Sec. 5.09.) |
|
Sec. 1101.161. 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 |
|
12-month period following the date of the pledge that is not pledged |
|
to pay the principal of or interest on district bonds; or |
|
(3) a district bond that has been authorized but not |
|
sold. |
|
(c) A loan for which taxes or bonds are pledged must mature |
|
not later than the first anniversary of the date the loan is made. A |
|
loan for which district revenue is pledged must mature not later |
|
than the fifth anniversary of the date the loan is made. (Acts 68th |
|
Leg., R.S., Ch. 1047, Sec. 5.11.) |
|
[Sections 1101.162-1101.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1101.201. GENERAL OBLIGATION BONDS. If authorized by |
|
an election, the board may issue and sell general obligation bonds |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements for hospital |
|
purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service. (Acts 68th Leg., R.S., Ch. 1047, Sec. 6.01.) |
|
Sec. 1101.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, the |
|
board shall impose an ad valorem tax at a rate sufficient to create |
|
an interest and sinking fund to pay the principal of and interest on |
|
the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 68th Leg., R.S., Ch. 1047, Sec. 6.02.) |
|
Sec. 1101.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters. |
|
(b) The board may order a bond election. |
|
(c) The order calling the election must specify: |
|
(1) the nature and date of the election; |
|
(2) the hours during which the polls will be open; |
|
(3) the location of the polling places; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. |
|
(e) The board shall declare the results of the election. |
|
(Acts 68th Leg., R.S., Ch. 1047, Sec. 6.03.) |
|
Sec. 1101.204. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, equip, or |
|
renovate buildings or improvements for hospital purposes; |
|
(2) acquire sites to be used for hospital purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service to assist the district in carrying out its hospital |
|
purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, |
|
Health and Safety Code, for issuance of revenue bonds by a county |
|
hospital authority. (Acts 68th Leg., R.S., Ch. 1047, Sec. 6.04.) |
|
Sec. 1101.205. REFUNDING BONDS. (a) District refunding |
|
bonds may be issued 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 68th |
|
Leg., R.S., Ch. 1047, Secs. 6.05(a), (c) (part).) |
|
Sec. 1101.206. MATURITY OF BONDS. District bonds must |
|
mature not later than 50 years after the date of issuance. (Acts |
|
68th Leg., R.S., Ch. 1047, Sec. 6.06 (part).) |
|
Sec. 1101.207. EXECUTION OF BONDS. The board president |
|
shall execute the district's bonds in the district's name, and the |
|
board secretary shall countersign the bonds in the manner provided |
|
by Chapter 618, Government Code. (Acts 68th Leg., R.S., Ch. 1047, |
|
Sec. 6.07.) |
|
Sec. 1101.208. ADDITIONAL MEANS OF SECURING PAYMENT OF |
|
BONDS. In addition to the authority to issue general obligation |
|
bonds and revenue bonds under this subchapter, the board may |
|
provide for the security and payment of district bonds from a pledge |
|
of a combination of ad valorem taxes as authorized by Section |
|
1101.202 and revenue and other sources authorized by Section |
|
1101.204. (Acts 68th Leg., R.S., Ch. 1047, Sec. 6.12.) |
|
Sec. 1101.209. USE OF BOND PROCEEDS. The district may use |
|
the proceeds of bonds issued under this subchapter to pay: |
|
(1) any expense the board determines is reasonable and |
|
necessary to issue, sell, and deliver the bonds; |
|
(2) interest payments on the bonds during a period of |
|
acquisition or construction of a project or facility to be provided |
|
through the bonds, not to exceed five years; |
|
(3) costs related to the operation and maintenance of |
|
a project or facility to be provided through the bonds: |
|
(A) during an estimated period of acquisition or |
|
construction, not to exceed five years; and |
|
(B) for one year after the project or facility is |
|
acquired or constructed; |
|
(4) costs related to the financing of the bond funds, |
|
including debt service reserve and contingency funds; |
|
(5) costs related to the bond issuance; |
|
(6) costs related to the acquisition of land or |
|
interests in land for a project or facility to be provided through |
|
the bonds; and |
|
(7) costs of construction of a project or facility to |
|
be provided through the bonds, including the payment of related |
|
professional services and expenses. (Acts 68th Leg., R.S., Ch. |
|
1047, Sec. 6.13.) |
|
Sec. 1101.210. 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 68th |
|
Leg., R.S., Ch. 1047, Sec. 6.11 (part).) |
|
[Sections 1101.211-1101.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1101.251. 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) district maintenance and operating expenses. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 68th |
|
Leg., R.S., Ch. 1047, Secs. 7.01(a) (part), (c), (d), 7.02(b).) |
|
Sec. 1101.252. 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 68th |
|
Leg., R.S., Ch. 1047, Secs. 7.01(a) (part), (b), 7.03 (part).) |
|
Sec. 1101.253. ELECTION TO INCREASE MAXIMUM TAX RATE. (a) |
|
The board may order an election to increase the district's maximum |
|
tax rate to 75 cents on each $100 valuation of taxable property in |
|
the district. The board shall order the election if the board |
|
receives a petition requesting an election that is signed by at |
|
least 15 percent of the registered voters in the district. |
|
(b) The ballot for the election shall be printed to permit |
|
voting for or against the proposition: "The imposition of annual |
|
taxes by the district for hospital purposes at a rate not to exceed |
|
75 cents on the $100 valuation of all taxable property in the |
|
district." |
|
(c) If a majority of the votes favor the proposition, the |
|
board may impose taxes as authorized by the proposition, subject to |
|
Section 1101.254. If a majority of the votes do not favor the |
|
proposition, another election on the question of increasing the |
|
district's maximum tax rate may not be held before the first |
|
anniversary of the date of the most recent election at which voters |
|
disapproved the proposition. |
|
(d) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 68th Leg., R.S., Ch. |
|
1047, Secs. 7.05(a), (b) (part), (c) (part), (d) (part).) |
|
Sec. 1101.254. LIMIT ON ANNUAL INCREASE IN TAX RATE. (a) |
|
Notwithstanding Section 1101.253, the board may not in any year |
|
increase the tax rate by five cents or more on each $100 valuation |
|
above the tax rate imposed in the preceding year unless the increase |
|
is approved at an election held under this section. |
|
(b) The board may order an election to increase the |
|
district's tax rate by five cents or more on each $100 of valuation |
|
above the rate imposed in the preceding year. The board shall order |
|
the election if the board receives a petition requesting an |
|
election that is signed by at least 15 percent of the registered |
|
voters in the district. |
|
(c) The ballot for the election shall be printed to permit |
|
voting for or against the proposition: "The imposition of the |
|
(insert year) annual tax by the district for hospital purposes at a |
|
rate not to exceed (insert rate) cents on the $100 valuation of all |
|
taxable property in the district." |
|
(d) If a majority of the votes favor the proposition, the |
|
board may impose taxes as authorized by the proposition. If a |
|
majority of the votes do not favor the proposition, the board may |
|
not increase the tax rate for that year by five cents or more on each |
|
$100 valuation above the tax rate imposed in the preceding year. |
|
(e) This section does not authorize the board to impose |
|
taxes in an amount that exceeds the maximum amount approved by the |
|
voters under Section 1101.253. |
|
(f) This section does not affect any rights district voters |
|
may have to petition for an election under Section 26.07, Tax Code, |
|
except that if district voters approve a tax rate increase under |
|
this section, the voters may not petition for an election under |
|
Section 26.07, Tax Code, as to the tax rate for that year. |
|
(g) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 68th Leg., R.S., Ch. |
|
1047, Secs. 7.06(a), (b), (c) (part), (d) (part), (e) (part), (f), |
|
(g).) |
|
Sec. 1101.255. 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 68th Leg., R.S., Ch. 1047, Sec. |
|
7.04(b).) |
|
[Sections 1101.256-1101.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1101.301. DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved as provided by this subchapter. |
|
(b) The board may order an election on the question of |
|
dissolving the district and disposing of the district's assets and |
|
obligations. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 15 |
|
percent of registered voters in the district. |
|
(d) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 68th Leg., R.S., Ch. |
|
1047, Secs. 7.21(a), (b), (c) (part).) |
|
Sec. 1101.302. BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Sutton County Hospital |
|
District." (Acts 68th Leg., R.S., Ch. 1047, Sec. 7.21(d) (part).) |
|
Sec. 1101.303. 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 68th Leg., R.S., Ch. 1047, Sec. |
|
7.21(e).) |
|
Sec. 1101.304. 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 to Sutton County the land, buildings, |
|
improvements, equipment, and other assets that belong to the |
|
district; or |
|
(2) administer the property, assets, and debts in |
|
accordance with Sections 1101.305, 1101.306, and 1101.307. |
|
(b) If the board makes the transfer under Subsection (a)(1), |
|
Sutton County assumes all debts and obligations of the district at |
|
the time of the transfer, and the district is dissolved. (Acts 68th |
|
Leg., R.S., Ch. 1047, Sec. 7.21(f).) |
|
Sec. 1101.305. BOARD MANAGEMENT OF ASSETS ON DISSOLUTION; |
|
IMPOSITION OF TAX. (a) If the district does not transfer the land, |
|
buildings, improvements, equipment, and other assets to Sutton |
|
County under Section 1101.304, the board shall continue to control |
|
and administer the property, assets, and debts of the district |
|
until all money has been disposed of and all district debts have |
|
been paid or settled. |
|
(b) 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. |
|
(c) The board may institute a suit to enforce payment of |
|
taxes and to foreclose liens to secure the payment of taxes due the |
|
district. (Acts 68th Leg., R.S., Ch. 1047, Secs. 7.22(a), (b), |
|
(c).) |
|
Sec. 1101.306. RETURN OF SURPLUS TAXES. (a) On the payment |
|
of all outstanding debts and obligations of the district in |
|
accordance with Section 1101.305, the board shall order the board |
|
secretary to return to each district taxpayer the pro rata share of |
|
all unused tax money. |
|
(b) 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 board |
|
secretary to transmit the money to the county tax |
|
assessor-collector. (Acts 68th Leg., R.S., Ch. 1047, Sec. |
|
7.22(d).) |
|
Sec. 1101.307. REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all district debts and has disposed of all |
|
district money and other assets as prescribed by this subchapter, |
|
the board shall file a written report with the commissioners court |
|
summarizing the board's actions in dissolving the district. |
|
(b) Not later than the 10th day after the date the |
|
commissioners court 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 68th Leg., R.S., Ch. 1047, Sec. 7.22(e).) |
|
|
|
CHAPTER 1102. SWEENY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1102.001. DEFINITIONS |
|
Sec. 1102.002. AUTHORITY FOR OPERATION |
|
Sec. 1102.003. POLITICAL SUBDIVISION |
|
Sec. 1102.004. DISTRICT TERRITORY |
|
Sec. 1102.005. CORRECTION OF INVALID PROCEDURES |
|
[Sections 1102.006-1102.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1102.051. BOARD ELECTION; TERM |
|
Sec. 1102.052. NOTICE OF ELECTION |
|
Sec. 1102.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1102.054. BOND; RECORD OF BOND AND OATH |
|
Sec. 1102.055. BOARD VACANCY |
|
Sec. 1102.056. OFFICERS |
|
Sec. 1102.057. COMPENSATION; EXPENSES |
|
Sec. 1102.058. VOTING REQUIREMENT |
|
Sec. 1102.059. APPOINTMENT AND RECRUITMENT OF STAFF |
|
AND EMPLOYEES |
|
Sec. 1102.060. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1102.061. SEAL |
|
[Sections 1102.062-1102.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1102.101. DISTRICT RESPONSIBILITY |
|
Sec. 1102.102. RESTRICTION ON COUNTY OR MUNICIPAL |
|
TAXATION |
|
Sec. 1102.103. MANAGEMENT AND CONTROL OF DISTRICT |
|
Sec. 1102.104. HOSPITAL SYSTEM |
|
Sec. 1102.105. NURSING HOME FACILITIES |
|
Sec. 1102.106. RULES |
|
Sec. 1102.107. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1102.108. EMINENT DOMAIN |
|
Sec. 1102.109. GIFTS AND ENDOWMENTS |
|
Sec. 1102.110. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1102.111. NONPROFIT CORPORATION |
|
Sec. 1102.112. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1102.113-1102.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1102.151. BUDGET |
|
Sec. 1102.152. PROPOSED BUDGET; NOTICE AND HEARING |
|
Sec. 1102.153. FISCAL YEAR |
|
Sec. 1102.154. ANNUAL AUDIT |
|
Sec. 1102.155. DEPOSITORY OR TREASURER |
|
Sec. 1102.156. GENERAL AUTHORITY TO BORROW MONEY; |
|
SECURITY |
|
[Sections 1102.157-1102.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1102.201. GENERAL OBLIGATION BONDS |
|
Sec. 1102.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1102.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1102.204. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1102.205. REVENUE BONDS |
|
Sec. 1102.206. ADDITIONAL MEANS OF SECURING REPAYMENT |
|
OF BONDS |
|
Sec. 1102.207. USE OF BOND PROCEEDS |
|
[Sections 1102.208-1102.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1102.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1102.252. TAX RATE |
|
Sec. 1102.253. TAX ASSESSOR-COLLECTOR |
|
[Sections 1102.254-1102.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1102.301. DISSOLUTION; ELECTION |
|
Sec. 1102.302. NOTICE OF ELECTION |
|
Sec. 1102.303. BALLOT |
|
Sec. 1102.304. ELECTION RESULTS |
|
Sec. 1102.305. TRANSFER OR ADMINISTRATION OF ASSETS |
|
Sec. 1102.306. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES |
|
Sec. 1102.307. REPORT; DISSOLUTION ORDER |
|
CHAPTER 1102. SWEENY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1102.001. 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 Sweeny Hospital District. |
|
(New.) |
|
Sec. 1102.002. AUTHORITY FOR OPERATION. The Sweeny |
|
Hospital District operates in accordance with Section 9, Article |
|
IX, Texas Constitution. (Acts 58th Leg., R.S., Ch. 135, Sec. 1 |
|
(part).) |
|
Sec. 1102.003. POLITICAL SUBDIVISION. The district is a |
|
political subdivision of this state. (Acts 58th Leg., R.S., Ch. |
|
135, Sec. 16 (part).) |
|
Sec. 1102.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of the Sweeny |
|
Independent School District as those boundaries existed on May 10, |
|
1963. (Acts 58th Leg., R.S., Ch. 135, Sec. 1 (part).) |
|
Sec. 1102.005. 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 58th Leg., R.S., Ch. 135, Sec. 17 (part).) |
|
[Sections 1102.006-1102.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1102.051. BOARD ELECTION; TERM. (a) The board |
|
consists of seven elected directors. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve two-year terms; and |
|
(2) an election shall be held annually on the May |
|
uniform election date under Section 41.001, Election Code. (Acts |
|
58th Leg., R.S., Ch. 135, Secs. 3(a) (part), (c) (part).) |
|
Sec. 1102.052. NOTICE OF ELECTION. Notice of a directors' |
|
election shall be published in a newspaper of general circulation |
|
in Brazoria County in accordance with Section 4.003, Election Code. |
|
(Acts 58th Leg., R.S., Ch. 135, Sec. 3(c) (part).) |
|
Sec. 1102.053. QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) a resident of the district; and |
|
(2) at least 18 years of age. |
|
(b) A district employee may not serve as a director. (Acts |
|
58th Leg., R.S., Ch. 135, Sec. 3(a) (part).) |
|
Sec. 1102.054. BOND; RECORD OF BOND AND OATH. (a) Each |
|
director shall execute a good and sufficient bond for $1,000 that |
|
is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) Each director's bond and the constitutional oath of |
|
office must be deposited with the district's depository bank for |
|
safekeeping. (Acts 58th Leg., R.S., Ch. 135, Sec. 3(a) (part).) |
|
Sec. 1102.055. 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 |
|
for any reason, the remaining directors shall immediately call a |
|
special election to fill the vacancies. If the remaining directors |
|
do not call the election, a district court, on application of a |
|
district voter or taxpayer, may order the directors to hold the |
|
election. (Acts 58th Leg., R.S., Ch. 135, Sec. 3(b) (part).) |
|
Sec. 1102.056. OFFICERS. (a) The board shall elect from |
|
among its members a president and secretary. |
|
(b) The board may elect or appoint other officers as the |
|
board determines necessary. |
|
(c) The board shall prescribe the powers and duties of an |
|
officer position created under Subsection (b) in addition to the |
|
positions of president and secretary. (Acts 58th Leg., R.S., Ch. |
|
135, Sec. 3(b) (part).) |
|
Sec. 1102.057. COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in the performance of official duties on approval of the |
|
expenses by the entire board. (Acts 58th Leg., R.S., Ch. 135, Sec. 4 |
|
(part).) |
|
Sec. 1102.058. VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 58th Leg., R.S., Ch. 135, Sec. 3(b) (part).) |
|
Sec. 1102.059. APPOINTMENT AND RECRUITMENT OF STAFF AND |
|
EMPLOYEES. (a) The board may employ a general manager, an attorney, |
|
a bookkeeper, an architect, and other employees considered |
|
necessary for the efficient operation of the district. |
|
(b) The board may spend district money, enter into |
|
agreements, and take other necessary action to recruit physicians |
|
as independent contractors to serve as medical staff members and to |
|
recruit other persons to serve as district employees, including: |
|
(1) advertising and marketing; |
|
(2) paying travel, recruitment, and relocation |
|
expenses; |
|
(3) providing a loan or scholarship to: |
|
(A) a physician who: |
|
(i) is currently enrolled in health care |
|
education courses at an institution of higher education; and |
|
(ii) contractually agrees to serve as an |
|
independent contractor on the district's medical staff; or |
|
(B) a person who is not a physician who: |
|
(i) is currently enrolled in health care |
|
education courses at an institution of higher education; and |
|
(ii) contractually agrees to become a |
|
district employee; |
|
(4) paying the tuition or other expenses of a |
|
full-time medical student who: |
|
(A) is enrolled in and is in good standing at an |
|
accredited medical school, college, or university; and |
|
(B) contractually agrees to serve as an |
|
independent contractor on the district's medical staff in return |
|
for that assistance; or |
|
(5) paying the tuition or other expenses of a |
|
full-time student in a health occupation who: |
|
(A) is not a medical student; |
|
(B) is enrolled in and is in good standing at an |
|
accredited medical school, college, or university; and |
|
(C) contractually agrees to serve as an employee |
|
or independent contractor for the district in return for that |
|
assistance. (Acts 58th Leg., R.S., Ch. 135, Secs. 7(a) (part), |
|
(d).) |
|
Sec. 1102.060. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
Except as provided by Section 1102.054, all district records, |
|
including books, accounts, notices, and minutes, and all other |
|
matters of the district and the operation of its facilities, shall |
|
be: |
|
(1) maintained at the district office; and |
|
(2) open to public inspection at the district office |
|
at all reasonable hours. (Acts 58th Leg., R.S., Ch. 135, Sec. |
|
7(b).) |
|
Sec. 1102.061. SEAL. The board may adopt a seal for the |
|
district. (Acts 58th Leg., R.S., Ch. 135, Sec. 7(a) (part).) |
|
[Sections 1102.062-1102.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1102.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy inhabitants and needy and indigent residents. |
|
(Acts 58th Leg., R.S., Ch. 135, Secs. 2 (part), 12 (part).) |
|
Sec. 1102.102. RESTRICTION ON COUNTY OR MUNICIPAL TAXATION. |
|
Brazoria County or a municipality in the district may not impose a |
|
tax on property in the district for hospital purposes. (Acts 58th |
|
Leg., R.S., Ch. 135, Sec. 12 (part).) |
|
Sec. 1102.103. MANAGEMENT AND CONTROL OF DISTRICT. The |
|
management and control of the district is vested in the board. |
|
(Acts 58th Leg., R.S., Ch. 135, Sec. 4 (part).) |
|
Sec. 1102.104. HOSPITAL SYSTEM. The district shall provide |
|
for: |
|
(1) the establishment of a hospital system to provide |
|
medical and hospital care to district residents by: |
|
(A) purchasing, constructing, acquiring, |
|
repairing, or renovating buildings and improvements; and |
|
(B) equipping the buildings and improvements; |
|
and |
|
(2) the administration of the hospital system for |
|
hospital purposes. (Acts 58th Leg., R.S., Ch. 135, Sec. 2 (part).) |
|
Sec. 1102.105. NURSING HOME FACILITIES. The district may |
|
provide outpatient care for the aged or infirm residing in the |
|
district in nursing home facilities by purchasing, constructing, |
|
acquiring, repairing, renovating, or leasing land, buildings, and |
|
improvements. The district may equip the facilities and administer |
|
the facilities for appropriate purposes. (Acts 58th Leg., R.S., |
|
Ch. 135, Sec. 2a.) |
|
Sec. 1102.106. RULES. (a) The board may adopt rules |
|
governing the operation of the district and district facilities. |
|
(b) The rules, on approval by the board, may be published in |
|
booklet form at district expense and may be made available to any |
|
taxpayer on request. (Acts 58th Leg., R.S., Ch. 135, Sec. 7(c).) |
|
Sec. 1102.107. PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
The board may prescribe the method and manner of making purchases |
|
and expenditures by and for the district. |
|
(b) The board shall prescribe: |
|
(1) all accounting and control procedures; and |
|
(2) the method of purchasing necessary supplies, |
|
materials, and equipment. (Acts 58th Leg., R.S., Ch. 135, Sec. 7(a) |
|
(part).) |
|
Sec. 1102.108. 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, real, personal, or mixed, |
|
located in district territory, if the interest is necessary or |
|
convenient to exercise a right, power, privilege, or function |
|
conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. (Acts 58th Leg., R.S., Ch. 135, |
|
Sec. 9.) |
|
Sec. 1102.109. 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 58th Leg., R.S., Ch. 135, |
|
Sec. 14.) |
|
Sec. 1102.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the board shall have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives legally liable for the |
|
patient's support. |
|
(b) If an agent designated by the district to handle the |
|
inquiry determines that the patient or those relatives cannot pay |
|
for all or part of the patient's care and treatment in the hospital, |
|
the amount that cannot be paid becomes a charge against the |
|
district. |
|
(c) If the board determines that the patient or those |
|
relatives are liable to pay for all or part of the patient's care |
|
and treatment, the patient or those relatives shall be ordered to |
|
pay to the district's treasurer a specified amount each week for the |
|
patient's support. The amount ordered must be proportionate to |
|
their financial ability and may not exceed the actual per capita |
|
cost of maintenance. |
|
(d) The district may collect the amount from the patient's |
|
estate, or from the patient's relatives 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's designated agent, the board shall hold |
|
a hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate order. |
|
(f) Either party to the dispute may appeal the order to the |
|
district court. (Acts 58th Leg., R.S., Ch. 135, Sec. 13.) |
|
Sec. 1102.111. NONPROFIT CORPORATION. (a) The district |
|
may create and sponsor a nonprofit corporation under the Business |
|
Organizations Code and may contribute money to or solicit money for |
|
the corporation. |
|
(b) The corporation may use money contributed by the |
|
district only to provide health care or other services the district |
|
is authorized to provide under this chapter. |
|
(c) The corporation may invest the corporation's money in |
|
any manner in which the district may invest the district's money, |
|
including investing money as authorized by Chapter 2256, Government |
|
Code. |
|
(d) The board shall establish controls to ensure that the |
|
corporation uses its money as required by this section. (Acts 58th |
|
Leg., R.S., Ch. 135, Sec. 7A.) |
|
Sec. 1102.112. AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district may sue and be sued in its own |
|
name in any court of this state. (Acts 58th Leg., R.S., Ch. 135, |
|
Sec. 16 (part).) |
|
[Sections 1102.113-1102.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1102.151. BUDGET. The board annually shall have a |
|
budget prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 58th Leg., R.S., Ch. 135, Sec. 8(c) (part).) |
|
Sec. 1102.152. PROPOSED BUDGET; NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in Brazoria County not later |
|
than the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. (Acts 58th Leg., R.S., Ch. 135, Sec. 8(c) (part).) |
|
Sec. 1102.153. FISCAL YEAR. (a) The district operates |
|
according to a fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) if revenue bonds of the district are outstanding; |
|
or |
|
(2) more than once in a 24-month period. (Acts 58th |
|
Leg., R.S., Ch. 135, Sec. 8(a).) |
|
Sec. 1102.154. ANNUAL AUDIT. The board annually shall have |
|
an independent audit made of the district's books and records. |
|
(Acts 58th Leg., R.S., Ch. 135, Sec. 8(b).) |
|
Sec. 1102.155. DEPOSITORY OR TREASURER. (a) The board by |
|
resolution shall designate a bank or banks in Brazoria County as the |
|
district's depository or treasurer. 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 58th Leg., R.S., Ch. 135, |
|
Sec. 10.) |
|
Sec. 1102.156. GENERAL AUTHORITY TO BORROW MONEY; SECURITY. |
|
(a) The board may borrow money at a rate not to exceed the maximum |
|
annual percentage rate allowed by law for district obligations at |
|
the time the loan is made. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) a district tax to be imposed by the district during |
|
the 12-month period following the date of the pledge that is not |
|
pledged to pay the principal of or interest on district bonds; or |
|
(3) a district bond that has been authorized but not |
|
sold. |
|
(c) A loan for which taxes or bonds are pledged must mature |
|
not later than the first anniversary of the date the loan is made. A |
|
loan for which district revenue is pledged must mature not later |
|
than the fifth anniversary of the date the loan is made. (Acts 58th |
|
Leg., R.S., Ch. 135, Sec. 7B.) |
|
[Sections 1102.157-1102.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1102.201. GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district to purchase, construct, acquire, repair, |
|
or renovate buildings or improvements and equip buildings or |
|
improvements for hospital purposes. (Acts 58th Leg., R.S., Ch. |
|
135, Sec. 6(a) (part).) |
|
Sec. 1102.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
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 general obligation bonds issued under Section 1102.201 |
|
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 58th Leg., R.S., Ch. 135, Secs. 5(a) (part), 6(a) (part).) |
|
Sec. 1102.203. 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 in accordance with |
|
Chapter 1251, Government Code. |
|
(c) Notice of a bond election shall be given as provided by |
|
Chapter 1251, Government Code. (Acts 58th Leg., R.S., Ch. 135, Sec. |
|
6(c) (part).) |
|
Sec. 1102.204. EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board president shall execute district general obligation bonds |
|
in the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
58th Leg., R.S., Ch. 135, Sec. 6(b) (part).) |
|
Sec. 1102.205. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to purchase, construct, acquire, repair, renovate, or |
|
equip buildings, sites, 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. (Acts 58th Leg., R.S., Ch. 135, Sec. 6(e).) |
|
Sec. 1102.206. ADDITIONAL MEANS OF SECURING REPAYMENT OF |
|
BONDS. In addition to the authority to issue general obligation |
|
bonds and revenue bonds under this subchapter, the board may |
|
provide for the security and payment of district bonds from a pledge |
|
of a combination of ad valorem taxes as authorized by Section |
|
1102.202 and revenue and other sources as authorized by Section |
|
1102.205. (Acts 58th Leg., R.S., Ch. 135, Sec. 6A.) |
|
Sec. 1102.207. USE OF BOND PROCEEDS. The district may use |
|
the proceeds of bonds issued under this subchapter to pay: |
|
(1) any expense the board determines is reasonable and |
|
necessary to issue, sell, and deliver the bonds; |
|
(2) interest payments on the bonds during a period of |
|
acquisition or construction of a project or facility to be provided |
|
through the bonds, not to exceed five years; |
|
(3) costs related to the operation and maintenance of |
|
a project or facility to be provided through the bonds: |
|
(A) during an estimated period of acquisition or |
|
construction, not to exceed five years; and |
|
(B) for one year after the project or facility is |
|
acquired or constructed; |
|
(4) costs related to the financing of the bond funds, |
|
including debt service reserve and contingency funds; |
|
(5) costs related to the bond issuance; |
|
(6) costs related to the acquisition of land or |
|
interests in land for a project or facility to be provided through |
|
the bonds; and |
|
(7) construction costs of a project or facility to be |
|
provided through the bonds, including the payment of related |
|
professional services and expenses. (Acts 58th Leg., R.S., Ch. |
|
135, Sec. 6B.) |
|
[Sections 1102.208-1102.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1102.251. IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the budget, the board shall impose a tax on all property |
|
in the district subject to district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued by the district for hospital purposes as provided by |
|
this chapter; |
|
(2) provide for the maintenance and operation 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 58th Leg., R.S., Ch. 135, |
|
Secs. 5(a) (part), 8(c) (part).) |
|
Sec. 1102.252. TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 58th Leg., R.S., Ch. 135, Sec. 5(a) |
|
(part).) |
|
Sec. 1102.253. 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 58th Leg., R.S., Ch. 135, Sec. |
|
5(c).) |
|
[Sections 1102.254-1102.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1102.301. DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved only on approval of a majority of the registered |
|
district voters voting in an election held for that purpose. |
|
(b) The board may order an election on the question of |
|
dissolving the district and disposing of the district's assets and |
|
obligations. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 15 |
|
percent of the registered district voters. |
|
(d) The election shall be held not later than the 60th day |
|
after the date the election is ordered. |
|
(e) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition to appear on the ballot; |
|
(2) the date of the election; |
|
(3) the hours during which the polls will be open; and |
|
(4) the location of the polling places. |
|
(f) Section 41.001, Election Code, does not apply to an |
|
election ordered under this section. (Acts 58th Leg., R.S., Ch. |
|
135, Secs. 9A(a), (b), (c), (d).) |
|
Sec. 1102.302. NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks a substantial copy of the election |
|
order in a newspaper with general circulation in the district. |
|
(b) The first publication of notice must appear not later |
|
than the 35th day before the date set for the election. (Acts 58th |
|
Leg., R.S., Ch. 135, Sec. 9A(e).) |
|
Sec. 1102.303. BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Sweeny Hospital District." |
|
(Acts 58th Leg., R.S., Ch. 135, Sec. 9A(f).) |
|
Sec. 1102.304. 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 58th Leg., R.S., Ch. 135, Sec. |
|
9A(g).) |
|
Sec. 1102.305. 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 Brazoria |
|
County or another governmental entity in Brazoria County; or |
|
(2) administer the property, assets, and debts until |
|
all money has been disposed of and all district debts have been paid |
|
or settled. |
|
(b) If the district makes the transfer under Subsection |
|
(a)(1), the county or entity assumes all debts and obligations of |
|
the district at the time of the transfer, and the district is |
|
dissolved. |
|
(c) If the district does not make the transfer under |
|
Subsection (a)(1) and the board administers the property, assets, |
|
and debts of the district under Subsection (a)(2), the district is |
|
dissolved when all the money has been disposed of and all district |
|
debts have been paid or settled. (Acts 58th Leg., R.S., Ch. 135, |
|
Secs. 9A(h), (i), (j).) |
|
Sec. 1102.306. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES. (a) After the board finds that the district is dissolved, |
|
the board shall: |
|
(1) determine any debt owed by the district; and |
|
(2) impose on the property included on the district's |
|
tax roll a tax that is in proportion of any debt to the property |
|
value. |
|
(b) On the payment of all outstanding debts and obligations |
|
of the district, the board shall order the board 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 board |
|
secretary to transmit the money to the Brazoria County tax |
|
assessor-collector. (Acts 58th Leg., R.S., Ch. 135, Secs. 9A(k), |
|
(l), (m).) |
|
Sec. 1102.307. REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all district debts and has disposed of all |
|
district money and other assets as prescribed by this subchapter, |
|
the board shall file a written report with the Commissioners Court |
|
of Brazoria County summarizing the board's actions in dissolving |
|
the district. |
|
(b) Not later than the 10th day after the date the |
|
commissioners court 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 58th Leg., R.S., Ch. 135, Secs. 9A(n), (o).) |
|
|
|
CHAPTER 1103. SWISHER MEMORIAL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1103.001. DEFINITIONS |
|
Sec. 1103.002. AUTHORITY FOR CREATION |
|
Sec. 1103.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1103.004. DISTRICT TERRITORY |
|
Sec. 1103.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1103.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1103.007-1103.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1103.051. BOARD ELECTION; TERM |
|
Sec. 1103.052. NOTICE OF ELECTION |
|
Sec. 1103.053. BALLOT PETITION |
|
Sec. 1103.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1103.055. BOARD VACANCY |
|
Sec. 1103.056. OFFICERS |
|
Sec. 1103.057. COMPENSATION |
|
Sec. 1103.058. VOTING REQUIREMENT |
|
Sec. 1103.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1103.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1103.061. EMPLOYEES |
|
Sec. 1103.062. RETIREMENT PROGRAM |
|
Sec. 1103.063. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
[Sections 1103.064-1103.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1103.101. DISTRICT RESPONSIBILITY |
|
Sec. 1103.102. RESTRICTION ON COUNTY OR MUNICIPAL |
|
TAXATION AND DEBT |
|
Sec. 1103.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1103.104. HOSPITAL SYSTEM |
|
Sec. 1103.105. RULES |
|
Sec. 1103.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1103.107. EMINENT DOMAIN |
|
Sec. 1103.108. GIFTS AND ENDOWMENTS |
|
Sec. 1103.109. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1103.110. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1103.111. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1103.112-1103.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1103.151. BUDGET |
|
Sec. 1103.152. FISCAL YEAR |
|
Sec. 1103.153. AUDIT |
|
Sec. 1103.154. FINANCIAL REPORT |
|
Sec. 1103.155. DEPOSITORY |
|
[Sections 1103.156-1103.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1103.201. GENERAL OBLIGATION BONDS |
|
Sec. 1103.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1103.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1103.204. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1103.205. REFUNDING BONDS |
|
Sec. 1103.206. BONDS EXEMPT FROM TAXATION |
|
Sec. 1103.207. ANTICIPATION NOTES AND CERTIFICATES OF |
|
OBLIGATION |
|
[Sections 1103.208-1103.250 reserved for expansion] |
|
SUBCHAPTER F. GENERAL TAX PROVISIONS |
|
Sec. 1103.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1103.252. TAX RATE |
|
Sec. 1103.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1103. SWISHER MEMORIAL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1103.001. 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 Swisher Memorial Hospital |
|
District. (New.) |
|
Sec. 1103.002. AUTHORITY FOR CREATION. The Swisher |
|
Memorial 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 59th Leg., R.S., |
|
Ch. 16, Sec. 1 (part).) |
|
Sec. 1103.003. ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 59th Leg., R.S., Ch. 16, Sec. 8 (part).) |
|
Sec. 1103.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Swisher County, |
|
Texas. (Acts 59th Leg., R.S., Ch. 16, Sec. 1 (part).) |
|
Sec. 1103.005. 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. 16, Sec. 18 (part).) |
|
Sec. 1103.006. 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. 16, Sec. 18 (part).) |
|
[Sections 1103.007-1103.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1103.051. BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of five directors elected as follows: |
|
(1) one director elected from each county |
|
commissioners precinct; and |
|
(2) one director elected from the county at large. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code, directors serve staggered two-year |
|
terms, with the terms of two or three directors expiring each year, |
|
as appropriate. |
|
(c) An election shall be held on the uniform election date |
|
in May of each year to elect the appropriate number of directors. |
|
(Acts 59th Leg., R.S., Ch. 16, Sec. 4 (part).) |
|
Sec. 1103.052. NOTICE OF ELECTION. At least 10 days before |
|
the date of a directors' election, notice of the election must be |
|
published one time in a newspaper of general circulation in Swisher |
|
County. (Acts 59th Leg., R.S., Ch. 16, Sec. 4 (part).) |
|
Sec. 1103.053. BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file a petition requesting that action. The petition must be: |
|
(1) signed by not less than 25 registered voters; and |
|
(2) filed by the deadline imposed by Section 144.005, |
|
Election Code. (Acts 59th Leg., R.S., Ch. 16, Sec. 4 (part).) |
|
Sec. 1103.054. QUALIFICATIONS FOR OFFICE. (a) A person |
|
must at the time of election or appointment as director: |
|
(1) own property subject to taxation in the district; |
|
and |
|
(2) be at least 18 years of age. |
|
(b) A director must reside in the area the director |
|
represents. (Acts 59th Leg., R.S., Ch. 16, Sec. 4 (part).) |
|
Sec. 1103.055. BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of director, the remaining directors shall appoint a |
|
director for the unexpired term. |
|
(b) If the number of directors is reduced to fewer than |
|
three 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, the county judge of Swisher |
|
County may fill the vacancies by appointment. (Acts 59th Leg., |
|
R.S., Ch. 16, Sec. 4 (part).) |
|
Sec. 1103.056. OFFICERS. The board shall elect from among |
|
its members a president, a vice president, and a secretary. (Acts |
|
59th Leg., R.S., Ch. 16, Sec. 4 (part).) |
|
Sec. 1103.057. COMPENSATION. A director is entitled to |
|
compensation at a rate determined by the board. The rate may not |
|
exceed $10 for each board meeting. (Acts 59th Leg., R.S., Ch. 16, |
|
Sec. 4 (part).) |
|
Sec. 1103.058. VOTING REQUIREMENT. A concurrence of three |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 59th Leg., R.S., Ch. 16, Sec. 4 (part).) |
|
Sec. 1103.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
district administrator. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The district administrator and any assistant |
|
administrator serve at the will of the board and receive 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 any other condition the board requires. |
|
(Acts 59th Leg., R.S., Ch. 16, Sec. 5 (part).) |
|
Sec. 1103.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to any limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 59th |
|
Leg., R.S., Ch. 16, Sec. 5 (part).) |
|
Sec. 1103.061. EMPLOYEES. The board may employ any |
|
doctors, technicians, nurses, and other employees as considered |
|
necessary for the efficient operation of the district or may |
|
provide that the district administrator has the authority to employ |
|
those persons. (Acts 59th Leg., R.S., Ch. 16, Sec. 5 (part).) |
|
Sec. 1103.062. RETIREMENT PROGRAM. The board may enter |
|
into any contract or agreement with this state or the federal |
|
government as required to establish or continue a retirement |
|
program for the benefit of the district's employees. (Acts 59th |
|
Leg., R.S., Ch. 16, Sec. 5 (part).) |
|
Sec. 1103.063. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
(a) The board shall: |
|
(1) keep an accurate account of board meetings and |
|
proceedings; and |
|
(2) maintain at the district's principal office all |
|
district records and accounts, including contracts, notices, |
|
duplicate vouchers, and duplicate receipts. |
|
(b) The information described by Subsection (a) shall be |
|
open to public inspection at the district's principal office at all |
|
reasonable times. (Acts 59th Leg., R.S., Ch. 16, Sec. 4 (part).) |
|
[Sections 1103.064-1103.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1103.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating all hospital facilities for providing |
|
medical and hospital care of indigent persons; and |
|
(2) providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 16, Secs. |
|
2 (part), 17 (part).) |
|
Sec. 1103.102. RESTRICTION ON COUNTY OR MUNICIPAL TAXATION |
|
AND DEBT. Swisher County or a municipality in Swisher County may |
|
not impose a tax or issue bonds or other obligations for hospital |
|
purposes or for medical care. (Acts 59th Leg., R.S., Ch. 16, Sec. |
|
17 (part).) |
|
Sec. 1103.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the district's |
|
hospitals and hospital system. (Acts 59th Leg., R.S., Ch. 16, Sec. |
|
5 (part).) |
|
Sec. 1103.104. HOSPITAL SYSTEM. The district shall provide |
|
for: |
|
(1) the establishment of a hospital system by: |
|
(A) purchasing, constructing, acquiring, |
|
repairing, or renovating buildings and equipment; and |
|
(B) equipping the buildings; and |
|
(2) the administration of the hospital system for |
|
hospital purposes. (Acts 59th Leg., R.S., Ch. 16, Sec. 2 (part).) |
|
Sec. 1103.105. 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. 16, Secs. 5 (part), 9 (part).) |
|
Sec. 1103.106. 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. 16, Sec. 9 (part).) |
|
Sec. 1103.107. 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 to 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. 16, Sec. 12.) |
|
Sec. 1103.108. 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 any |
|
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. 16, Sec. |
|
15.) |
|
Sec. 1103.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
municipality located outside Swisher County for the care and |
|
treatment of a sick or injured person of that county or |
|
municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for the treatment of a sick or injured person for whom this |
|
state or the federal government is responsible. (Acts 59th Leg., |
|
R.S., Ch. 16, Sec. 5 (part).) |
|
Sec. 1103.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator shall have an inquiry made |
|
into the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives legally liable for the |
|
patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay for all or part of the |
|
patient's care and treatment in the hospital, the amount 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 |
|
support. The amount ordered must be proportionate to their |
|
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 those relatives 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 order. |
|
(f) A party to the dispute who is not satisfied with the |
|
order may appeal to the district court. The appeal shall be by |
|
trial de novo as that term is used in an appeal from a justice court |
|
to the county court. (Acts 59th Leg., R.S., Ch. 16, Sec. 14.) |
|
Sec. 1103.111. AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 59th Leg., R.S., Ch. |
|
16, Sec. 5 (part).) |
|
[Sections 1103.112-1103.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1103.151. BUDGET. (a) The district administrator |
|
shall prepare for approval by the board an annual budget that |
|
corresponds to the district's fiscal year. |
|
(b) Not later than August 31 of each year, the board shall |
|
publish notice of a public hearing on the proposed budget. The |
|
notice must be published in a newspaper of general circulation in |
|
Swisher County at least 10 days before the date of the hearing. |
|
(Acts 59th Leg., R.S., Ch. 16, Secs. 6 (part), 16.) |
|
Sec. 1103.152. FISCAL YEAR. The district shall operate on a |
|
fiscal year that begins on October 1 and ends on September 30. |
|
(Acts 59th Leg., R.S., Ch. 16, Sec. 6 (part).) |
|
Sec. 1103.153. AUDIT. (a) The district shall have an audit |
|
made of the district's financial condition. |
|
(b) The audit shall be open to inspection at all times at the |
|
district's principal office. (Acts 59th Leg., R.S., Ch. 16, Sec. 6 |
|
(part).) |
|
Sec. 1103.154. FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 59th Leg., R.S., Ch. 16, Sec. 6 (part).) |
|
Sec. 1103.155. DEPOSITORY. (a) The board shall designate |
|
one or more banks in Swisher County to serve as a depository for |
|
district money. |
|
(b) All district money shall be immediately deposited on |
|
receipt with a depository bank, except that sufficient money must |
|
be remitted to an appropriate bank to pay the principal of and |
|
interest on the district's outstanding bonds, or other obligations |
|
assumed by the district, on or before the maturity date of the |
|
principal and interest. |
|
(c) To the extent that money in a depository bank is not |
|
insured by the Federal Deposit Insurance Corporation, the money |
|
must be secured in the manner provided by law for the security of |
|
county funds. |
|
(d) Membership on the district's board of an officer or |
|
director of a bank does not disqualify the bank from being |
|
designated as depository. (Acts 59th Leg., R.S., Ch. 16, Sec. 10.) |
|
[Sections 1103.156-1103.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1103.201. GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose related to the purchase, |
|
construction, acquisition, repair, or renovation of buildings or |
|
improvements, and equipping buildings or improvements for a |
|
hospital and the hospital system, as determined by the board. (Acts |
|
59th Leg., R.S., Ch. 16, Sec. 7 (part).) |
|
Sec. 1103.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, 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 imposed for the district may not in any year exceed |
|
75 cents on each $100 valuation of taxable property in the district. |
|
(Acts 59th Leg., R.S., Ch. 16, Sec. 7 (part).) |
|
Sec. 1103.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board shall call the election. The election must be |
|
held in accordance with Chapter 1251, Government Code. |
|
(c) The bond election order must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding election officers; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum maturity of the bonds; and |
|
(6) the maximum interest rate of the bonds. (Acts 59th |
|
Leg., R.S., Ch. 16, Sec. 7 (part).) |
|
Sec. 1103.204. EXECUTION OF GENERAL OBLIGATION BONDS. The |
|
board president shall execute the general obligation bonds in the |
|
district's name and the board secretary shall attest the bonds as |
|
provided by Chapter 618, Government Code. (Acts 59th Leg., R.S., |
|
Ch. 16, Sec. 7 (part).) |
|
Sec. 1103.205. REFUNDING BONDS. (a) District refunding |
|
bonds may, without an election, be issued to refund any bonds issued |
|
or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of outstanding bonds; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of the outstanding bonds. (Acts 59th |
|
Leg., R.S., Ch. 16, Sec. 7 (part).) |
|
Sec. 1103.206. BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) any bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) any profits made in the sale of the bonds. (Acts |
|
59th Leg., R.S., Ch. 16, Sec. 8 (part).) |
|
Sec. 1103.207. ANTICIPATION NOTES AND CERTIFICATES OF |
|
OBLIGATION. The board may issue: |
|
(1) anticipation notes under Chapter 1431, Government |
|
Code; and |
|
(2) certificates of obligation under Subchapter C, |
|
Chapter 271, Local Government Code. (Acts 59th Leg., R.S., Ch. 16, |
|
Sec. 7A.) |
|
[Sections 1103.208-1103.250 reserved for expansion] |
|
SUBCHAPTER F. GENERAL TAX PROVISIONS |
|
Sec. 1103.251. IMPOSITION OF AD VALOREM TAX. (a) The |
|
district may impose a tax on all taxable property in the district |
|
subject to district taxation. |
|
(b) The tax may be used to meet the requirements of: |
|
(1) district bonds; |
|
(2) indebtedness assumed by the district; and |
|
(3) district maintenance and operating expenses. |
|
(Acts 59th Leg., R.S., Ch. 16, Secs. 3 (part), 13 (part).) |
|
Sec. 1103.252. TAX RATE. The district may impose the tax at |
|
a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. (Acts 59th Leg., R.S., Ch. 16, Sec. 3 |
|
(part).) |
|
Sec. 1103.253. TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector of Swisher County shall assess and collect taxes |
|
imposed by the district. (Acts 59th Leg., R.S., Ch. 16, Sec. 13 (part).) |
|
|
|
CHAPTER 1104. TEAGUE HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1104.001. DEFINITIONS |
|
Sec. 1104.002. AUTHORITY FOR OPERATION |
|
Sec. 1104.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1104.004. DISTRICT TERRITORY |
|
Sec. 1104.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1104.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1104.007-1104.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1104.051. BOARD ELECTION; TERMS |
|
Sec. 1104.052. NOTICE OF ELECTION |
|
Sec. 1104.053. BALLOT PETITION |
|
Sec. 1104.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1104.055. BOND |
|
Sec. 1104.056. BOARD VACANCY |
|
Sec. 1104.057. OFFICERS |
|
Sec. 1104.058. COMPENSATION; EXPENSES |
|
Sec. 1104.059. VOTING REQUIREMENT |
|
Sec. 1104.060. DISTRICT ADMINISTRATOR |
|
Sec. 1104.061. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1104.062. ASSISTANT DISTRICT ADMINISTRATOR; |
|
ATTORNEY |
|
Sec. 1104.063. APPOINTMENT OF STAFF AND EMPLOYEES |
|
Sec. 1104.064. RETIREMENT BENEFITS |
|
[Sections 1104.065-1104.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1104.101. DISTRICT RESPONSIBILITY |
|
Sec. 1104.102. RESTRICTION ON MUNICIPAL TAXATION AND |
|
DEBT |
|
Sec. 1104.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1104.104. RULES |
|
Sec. 1104.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1104.106. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1104.107. EMINENT DOMAIN |
|
Sec. 1104.108. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1104.109. GIFTS AND ENDOWMENTS |
|
Sec. 1104.110. CONSTRUCTION CONTRACTS |
|
Sec. 1104.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1104.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR SERVICES |
|
Sec. 1104.113. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1104.114. REIMBURSEMENT FOR SERVICES |
|
Sec. 1104.115. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1104.116-1104.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1104.151. BUDGET |
|
Sec. 1104.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1104.153. AMENDMENTS TO BUDGET |
|
Sec. 1104.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1104.155. FISCAL YEAR |
|
Sec. 1104.156. ANNUAL AUDIT |
|
Sec. 1104.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1104.158. FINANCIAL REPORT |
|
Sec. 1104.159. DEPOSITORY |
|
Sec. 1104.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1104.161-1104.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1104.201. GENERAL OBLIGATION BONDS |
|
Sec. 1104.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1104.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1104.204. REVENUE BONDS |
|
Sec. 1104.205. REFUNDING BONDS |
|
Sec. 1104.206. MATURITY OF BONDS |
|
Sec. 1104.207. EXECUTION OF BONDS |
|
Sec. 1104.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1104.209-1104.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1104.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1104.252. TAX RATE |
|
Sec. 1104.253. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
Sec. 1104.254. TAX ASSESSOR-COLLECTOR |
|
[Sections 1104.255-1104.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1104.301. DISSOLUTION; ELECTION |
|
Sec. 1104.302. NOTICE OF ELECTION |
|
Sec. 1104.303. BALLOT |
|
Sec. 1104.304. ELECTION RESULTS |
|
Sec. 1104.305. DIRECTORS IN OFFICE AFTER DISSOLUTION |
|
Sec. 1104.306. IMPOSITION OF TAX; TRANSFER OF DEBTS |
|
Sec. 1104.307. DISPOSITION OR TRANSFER OF ASSETS AND |
|
DEBTS |
|
Sec. 1104.308. SPENDING RESTRICTIONS |
|
Sec. 1104.309. REPORT; DISSOLUTION ORDER |
|
CHAPTER 1104. TEAGUE HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1104.001. 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 Teague Hospital District. |
|
(Acts 68th Leg., R.S., Ch. 1055, Sec. 1.01.) |
|
Sec. 1104.002. AUTHORITY FOR OPERATION. The Teague |
|
Hospital District operates and is financed as provided by Section |
|
9, Article IX, Texas Constitution, and by this chapter. (Acts 68th |
|
Leg., R.S., Ch. 1055, Sec. 1.02.) |
|
Sec. 1104.003. ESSENTIAL PUBLIC FUNCTION. The district is |
|
a public entity performing an essential public function. (Acts |
|
68th Leg., R.S., Ch. 1055, Sec. 7.11 (part).) |
|
Sec. 1104.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of the Teague |
|
Independent School District as those boundaries existed on June 19, |
|
1983. (Acts 68th Leg., R.S., Ch. 1055, Sec. 1.03.) |
|
Sec. 1104.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. This state may not become obligated for the support or |
|
maintenance of the district. (Acts 68th Leg., R.S., Ch. 1055, Sec. |
|
10.01 (part).) |
|
Sec. 1104.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 68th Leg., R.S., Ch. 1055, Sec. 10.01 (part).) |
|
[Sections 1104.007-1104.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1104.051. BOARD ELECTION; TERMS. (a) The district is |
|
governed by a board of seven directors elected from the district at |
|
large. |
|
(b) Directors serve staggered two-year terms unless |
|
four-year terms are established under Section 285.081, Health and |
|
Safety Code. (Acts 68th Leg., R.S., Ch. 1055, Secs. 4.01(a), |
|
4.03(a), (c).) |
|
Sec. 1104.052. NOTICE OF ELECTION. At least 35 days before |
|
the date of a directors' election, notice of the election must be |
|
published one time in a newspaper with general circulation in the |
|
district. (Acts 68th Leg., R.S., Ch. 1055, Sec. 4.04.) |
|
Sec. 1104.053. 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 50 registered voters of the |
|
district, as determined by the most recent official lists of |
|
registered voters; and |
|
(2) filed by the deadline imposed by Section 144.005, |
|
Election Code. (Acts 68th Leg., R.S., Ch. 1055, Sec. 4.05.) |
|
Sec. 1104.054. QUALIFICATIONS FOR OFFICE. (a) To be |
|
eligible to be a candidate for or to serve as a director, a person |
|
must be: |
|
(1) a resident of the district; and |
|
(2) a qualified voter. |
|
(b) A district employee may not serve as a director. (Acts |
|
68th Leg., R.S., Ch. 1055, Sec. 4.06.) |
|
Sec. 1104.055. BOND. (a) Before assuming the duties of |
|
office, each director must execute a bond for $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The board may pay for directors' bonds with district |
|
money. |
|
(c) Each director's bond shall be kept in the district's |
|
permanent records. (Acts 68th Leg., R.S., Ch. 1055, Sec. 4.07.) |
|
Sec. 1104.056. BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 68th Leg., R.S., Ch. 1055, |
|
Sec. 4.08.) |
|
Sec. 1104.057. OFFICERS. (a) The board shall elect from |
|
among its members a president, a vice president, and a secretary. |
|
(b) Each officer of the board serves a one-year term. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 68th Leg., R.S., Ch. 1055, Secs. 4.09, 4.10.) |
|
Sec. 1104.058. COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 68th Leg., R.S., Ch. |
|
1055, Sec. 4.11.) |
|
Sec. 1104.059. VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors voting is necessary in any matter |
|
relating to district business. (Acts 68th Leg., R.S., Ch. 1055, |
|
Sec. 4.12.) |
|
Sec. 1104.060. DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to compensation as determined by the board. |
|
(c) Before assuming the duties of district administrator, |
|
the administrator must execute a bond in an amount determined by the |
|
board of not less than $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
administrator's duties under this chapter. |
|
(d) The board may pay for the bond with district money. |
|
(Acts 68th Leg., R.S., Ch. 1055, Secs. 4.13(a) (part), (b) (part), |
|
(c) (part), (d).) |
|
Sec. 1104.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. (Acts |
|
68th Leg., R.S., Ch. 1055, Sec. 4.16.) |
|
Sec. 1104.062. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
(a) The board may appoint qualified persons as: |
|
(1) the assistant district administrator; and |
|
(2) the attorney for the district. |
|
(b) The assistant district administrator and the attorney |
|
for the district serve at the will of the board and are entitled to |
|
compensation as determined by the board. (Acts 68th Leg., R.S., Ch. |
|
1055, Secs. 4.13(a) (part), (b) (part), (c) (part).) |
|
Sec. 1104.063. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as considered necessary. |
|
(b) The district may employ technicians, nurses, fiscal |
|
agents, accountants, architects, additional attorneys, and other |
|
necessary employees. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ persons for the district. (Acts 68th Leg., |
|
R.S., Ch. 1055, Secs. 4.14, 4.15.) |
|
Sec. 1104.064. RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 68th Leg., R.S., Ch. |
|
1055, Sec. 4.17.) |
|
[Sections 1104.065-1104.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1104.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating hospital facilities and for |
|
providing medical and hospital care for the district's needy |
|
inhabitants. (Acts 68th Leg., R.S., Ch. 1055, Sec. 5.02 (part).) |
|
Sec. 1104.102. RESTRICTION ON MUNICIPAL TAXATION AND DEBT. |
|
The City of Teague may not impose a tax or issue bonds or other |
|
obligations for hospital purposes or to provide medical care for |
|
district residents. (Acts 68th Leg., R.S., Ch. 1055, Sec. |
|
5.01(b).) |
|
Sec. 1104.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 68th Leg., R.S., Ch. |
|
1055, Sec. 5.03.) |
|
Sec. 1104.104. RULES. The board may adopt rules governing: |
|
(1) the operation of the hospital and hospital system; |
|
and |
|
(2) the duties, functions, and responsibilities of |
|
district staff and employees. (Acts 68th Leg., R.S., Ch. 1055, Sec. |
|
5.04.) |
|
Sec. 1104.105. PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) accounting and control procedures for the |
|
district. (Acts 68th Leg., R.S., Ch. 1055, Sec. 5.05.) |
|
Sec. 1104.106. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The board may: |
|
(1) acquire property, including facilities and |
|
equipment, for the district for use in the hospital system; and |
|
(2) mortgage or pledge the property as security for |
|
payment of the purchase price. |
|
(c) The board may lease hospital facilities for the |
|
district. |
|
(d) The board may sell or otherwise dispose of property, |
|
including facilities or equipment, for the district. (Acts 68th |
|
Leg., R.S., Ch. 1055, Sec. 5.06.) |
|
Sec. 1104.107. EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in property located in district territory if the |
|
interest is necessary to exercise a right or authority conferred by |
|
this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. (Acts 68th Leg., R.S., Ch. 1055, |
|
Sec. 5.09.) |
|
Sec. 1104.108. COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade, or |
|
altering the construction of any railroad, highway, pipeline, or |
|
electric transmission, telegraph, or telephone line, conduit, |
|
pole, or facility, the district must bear the actual cost of |
|
relocating, raising, lowering, rerouting, changing the grade, or |
|
altering the construction to provide comparable replacement |
|
without enhancement of facilities, after deducting the net salvage |
|
value derived from the old facility. (Acts 68th Leg., R.S., Ch. |
|
1055, Sec. 5.10.) |
|
Sec. 1104.109. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for any |
|
purpose and under any direction, limitation, or other provision |
|
prescribed in writing by the donor that is consistent with the |
|
proper management of the district. (Acts 68th Leg., R.S., Ch. 1055, |
|
Sec. 5.14.) |
|
Sec. 1104.110. CONSTRUCTION CONTRACTS. (a) The board may |
|
enter into construction contracts for the district. |
|
(b) The board may enter into a construction contract that |
|
involves the expenditure of more than the amount provided by |
|
Section 271.024, Local Government Code, only after competitive |
|
bidding as provided by Subchapter B, Chapter 271, Local Government |
|
Code. (Acts 68th Leg., R.S., Ch. 1055, Sec. 5.07(a).) |
|
Sec. 1104.111. OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a hospital facility for the district. (Acts 68th Leg., R.S., Ch. |
|
1055, Sec. 5.08.) |
|
Sec. 1104.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
SERVICES. The board may contract with a political subdivision of |
|
this state or with a state or federal agency for the district to: |
|
(1) furnish a mobile emergency medical service; or |
|
(2) provide for the investigatory or welfare needs of |
|
district inhabitants. (Acts 68th Leg., R.S., Ch. 1055, Sec. 5.13.) |
|
Sec. 1104.113. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When an individual who resides in the district is admitted as a |
|
patient to a district facility, the district administrator may have |
|
an inquiry made into the financial circumstances of: |
|
(1) the patient; and |
|
(2) a relative of the patient legally responsible for |
|
the patient's support. |
|
(b) To the extent that the patient or a relative of the |
|
patient legally responsible for the patient's support cannot pay |
|
for care and treatment provided by the district, the district shall |
|
supply the care and treatment without charging the patient or the |
|
patient's relative. |
|
(c) On determining that the patient or a relative legally |
|
responsible for the patient's support can pay for all or part of the |
|
care and treatment provided by the district, the district |
|
administrator shall report that determination to the board, and the |
|
board shall issue an order directing the patient or the relative to |
|
pay the district a specified amount each week. The amount must be |
|
based on the individual's ability to pay. |
|
(d) The district administrator may collect money owed to the |
|
district from the patient's estate or from that of a relative |
|
legally responsible for the patient's support in the manner |
|
provided by law for the collection of expenses in the last illness |
|
of a deceased person. |
|
(e) If there is a dispute relating to an individual's |
|
ability to pay or if the district administrator has any doubt |
|
concerning an individual's ability to pay, the board shall: |
|
(1) call witnesses; |
|
(2) hear and resolve the question; and |
|
(3) issue a final order. |
|
(f) The final order of the board may be appealed to a |
|
district court in the county in which the district is located. The |
|
substantial evidence rule applies to the appeal. (Acts 68th Leg., |
|
R.S., Ch. 1055, Sec. 5.11.) |
|
Sec. 1104.114. REIMBURSEMENT FOR SERVICES. (a) The board |
|
shall require a county or municipality located outside the district |
|
to reimburse the district for the district's care and treatment of a |
|
sick or injured person of that county or municipality. |
|
(b) On behalf of the district, the board may contract with |
|
the state or federal government for that government to reimburse |
|
the district for treatment of a sick or injured person. (Acts 68th |
|
Leg., R.S., Ch. 1055, Sec. 5.12.) |
|
Sec. 1104.115. AUTHORITY TO SUE AND BE SUED. The board may |
|
sue and be sued on behalf of the district. (Acts 68th Leg., R.S., |
|
Ch. 1055, Sec. 5.15.) |
|
[Sections 1104.116-1104.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1104.151. BUDGET. (a) The district administrator |
|
shall prepare a proposed annual budget for the district. |
|
(b) The proposed budget must contain a complete financial |
|
statement, including a statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand to the credit of each |
|
district fund; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenue and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. (Acts 68th Leg., |
|
R.S., Ch. 1055, Sec. 6.04.) |
|
Sec. 1104.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the proposed annual budget. |
|
(b) The board shall publish notice of the hearing in a |
|
newspaper of general circulation in the district not later than the |
|
10th day before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the budget proposed by the district |
|
administrator. The board may make any changes in the proposed |
|
budget that the board judges to be in the interests of the |
|
taxpayers. |
|
(e) The budget is effective only after adoption by the |
|
board. (Acts 68th Leg., R.S., Ch. 1055, Sec. 6.05.) |
|
Sec. 1104.153. AMENDMENTS TO BUDGET. After the annual |
|
budget is adopted, the budget may be amended on the board's |
|
approval. (Acts 68th Leg., R.S., Ch. 1055, Sec. 6.06.) |
|
Sec. 1104.154. RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the annual budget or an |
|
amendment to the budget. (Acts 68th Leg., R.S., Ch. 1055, Sec. |
|
6.07.) |
|
Sec. 1104.155. FISCAL YEAR. (a) The district operates |
|
according to a fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period that revenue bonds of the district |
|
are outstanding; or |
|
(2) more than once in a 24-month period. (Acts 68th |
|
Leg., R.S., Ch. 1055, Sec. 6.01.) |
|
Sec. 1104.156. ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 68th |
|
Leg., R.S., Ch. 1055, Sec. 6.02.) |
|
Sec. 1104.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records shall be open |
|
to inspection during regular business hours at the district's |
|
principal office. (Acts 68th Leg., R.S., Ch. 1055, Sec. 6.03.) |
|
Sec. 1104.158. FINANCIAL REPORT. As soon as practicable |
|
after the close of the fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a sworn statement of the amount of district money; |
|
and |
|
(2) an account of the disbursements of that money. |
|
(Acts 68th Leg., R.S., Ch. 1055, Sec. 6.08.) |
|
Sec. 1104.159. DEPOSITORY. (a) The board shall select at |
|
least one bank to serve as a depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1104.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. This subsection does not limit the power of the board to: |
|
(1) place a part of district money on time deposit; or |
|
(2) purchase certificates of deposit. (Acts 68th |
|
Leg., R.S., Ch. 1055, Secs. 6.10(a), (b).) |
|
Sec. 1104.160. SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as provided by Sections 1104.110, 1104.201, 1104.204, and |
|
1104.205, the district may not incur a debt payable from district |
|
revenue other than the revenue on hand or to be on hand in the |
|
current and immediately following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 68th Leg., R.S., Ch. 1055, Sec. 6.09.) |
|
[Sections 1104.161-1104.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1104.201. GENERAL OBLIGATION BONDS. If authorized by |
|
an election, the board may issue and sell general obligation bonds |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; or |
|
(2) equip buildings or improvements for hospital |
|
purposes. (Acts 68th Leg., R.S., Ch. 1055, Sec. 7.01.) |
|
Sec. 1104.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, the |
|
board shall impose an ad valorem tax at a rate sufficient to create |
|
an interest and sinking fund to pay the principal of and interest on |
|
the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
limit approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 68th Leg., R.S., Ch. 1055, Sec. 7.02.) |
|
Sec. 1104.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters. |
|
(b) The board may order a bond election. |
|
(c) The order calling the election must specify: |
|
(1) the nature and date of the election; |
|
(2) the hours during which the polls will be open; |
|
(3) the location of the polling places; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. |
|
(e) The board shall declare the results of the election. |
|
(Acts 68th Leg., R.S., Ch. 1055, Sec. 7.03.) |
|
Sec. 1104.204. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, equip, or |
|
renovate buildings or improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, |
|
Health and Safety Code, for issuance of revenue bonds by a county |
|
hospital authority. (Acts 68th Leg., R.S., Ch. 1055, Sec. 7.04.) |
|
Sec. 1104.205. REFUNDING BONDS. (a) District refunding |
|
bonds may be issued 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 68th |
|
Leg., R.S., Ch. 1055, Secs. 7.05(a), (c) (part).) |
|
Sec. 1104.206. MATURITY OF BONDS. District bonds must |
|
mature not later than 50 years after the date of issuance. (Acts |
|
68th Leg., R.S., Ch. 1055, Sec. 7.06 (part).) |
|
Sec. 1104.207. EXECUTION OF BONDS. The board president |
|
shall execute the district's bonds in the district's name, and the |
|
board secretary shall countersign the bonds in the manner provided |
|
by Chapter 618, Government Code. (Acts 68th Leg., R.S., Ch. 1055, |
|
Sec. 7.07.) |
|
Sec. 1104.208. 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 68th |
|
Leg., R.S., Ch. 1055, Sec. 7.11 (part).) |
|
[Sections 1104.209-1104.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1104.251. 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 to pay: |
|
(1) the general obligation bonds issued and the |
|
indebtedness assumed by the district; and |
|
(2) district maintenance and operating expenses. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. (Acts 68th |
|
Leg., R.S., Ch. 1055, Secs. 8.01(a) (part), (c), (d), 8.02(b).) |
|
Sec. 1104.252. 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) Unless the rate is increased as provided by Section |
|
1104.253, the tax rate for all purposes may not exceed five 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 68th |
|
Leg., R.S., Ch. 1055, Secs. 8.01(a) (part), (b), 8.03 (part).) |
|
Sec. 1104.253. ELECTION TO INCREASE MAXIMUM TAX RATE. (a) |
|
The board may order an election to increase the district's maximum |
|
tax rate to 12 cents on each $100 valuation of taxable property in |
|
the district. The board shall order the election if the board |
|
receives a petition requesting an election that is signed by at |
|
least 50 registered voters in the district. |
|
(b) The ballot for the election shall be printed to permit |
|
voting for or against the proposition: "The imposition of annual |
|
taxes by the district for hospital purposes at a rate not to exceed |
|
12 cents on the $100 valuation of all taxable property in the |
|
district." |
|
(c) If the board finds that the election results favor the |
|
proposition, the board may impose taxes as authorized by the |
|
proposition. If the board finds that the election results do not |
|
favor the proposition, another election on the question of |
|
increasing the district's maximum tax rate may not be held before |
|
the first anniversary of the date of the most recent election at |
|
which voters disapproved the proposition. |
|
(d) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 68th Leg., R.S., Ch. |
|
1055, Secs. 8.01A(a), (b) (part), (c) (part), (d) (part).) |
|
Sec. 1104.254. 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 68th Leg., R.S., Ch. 1055, Sec. |
|
8.04(b).) |
|
[Sections 1104.255-1104.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1104.301. 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) A majority of the board may order that a dissolution |
|
election be held. |
|
(c) If the board receives a petition requesting an election |
|
that is signed by at least 10 percent of the registered voters of |
|
the district, according to the most recent official list of |
|
registered voters, the board shall order an election to be held. |
|
The election shall be called not later than the 60th day after the |
|
date the petition is presented to 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 68th Leg., R.S., Ch. |
|
1055, Secs. 9.01, 9.02, 9.03, 9.05(b).) |
|
Sec. 1104.302. 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 must appear at least 35 days |
|
before the date set for the election. (Acts 68th Leg., R.S., Ch. |
|
1055, Sec. 9.04.) |
|
Sec. 1104.303. BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Teague Hospital District." |
|
(Acts 68th Leg., R.S., Ch. 1055, Sec. 9.06.) |
|
Sec. 1104.304. ELECTION RESULTS. (a) If the board finds |
|
that the election results favor the proposition to dissolve the |
|
district, the board shall: |
|
(1) issue an order declaring the district be |
|
dissolved; and |
|
(2) specify in the order the date the dissolution |
|
takes effect. |
|
(b) If the board finds that the election results do not |
|
favor the proposition to dissolve the district, another dissolution |
|
election may not be held before the first anniversary of the date of |
|
the election at which the voters disapproved the proposition. |
|
(Acts 68th Leg., R.S., Ch. 1055, Secs. 9.07(b), (c).) |
|
Sec. 1104.305. DIRECTORS IN OFFICE AFTER DISSOLUTION. The |
|
directors in office on the date of the dissolution shall continue in |
|
office, without further election, until: |
|
(1) the affairs of the district are effectively |
|
concluded; and |
|
(2) all duties or acts required of the board are |
|
completed. (Acts 68th Leg., R.S., Ch. 1055, Sec. 9.08(c).) |
|
Sec. 1104.306. IMPOSITION OF TAX; TRANSFER OF DEBTS. After |
|
issuing the dissolution order, the board shall determine the debt |
|
owed by the district and shall: |
|
(1) impose on property subject to taxation in the |
|
district a tax in proportion of the debt to the property value and |
|
use the tax revenue to pay the district's bonds or satisfy other |
|
district debts; or |
|
(2) transfer the district's debts to any governmental |
|
entity assuming responsibility after dissolution of the district |
|
for providing hospital care in the territory included in the |
|
district. (Acts 68th Leg., R.S., Ch. 1055, Sec. 9.08(a).) |
|
Sec. 1104.307. DISPOSITION OR TRANSFER OF ASSETS AND DEBTS. |
|
(a) The board may not dispose of or transfer the district's assets |
|
except for due compensation unless: |
|
(1) the debts are transferred to another governmental |
|
entity embracing the district; and |
|
(2) the transferred assets are used for the benefit of |
|
citizens formerly in the district. |
|
(b) If the board transfers the district's debts to another |
|
governmental entity, the board shall also transfer to that |
|
governmental entity: |
|
(1) title to land, buildings, improvements, and |
|
equipment related to the hospital system owned by the district; and |
|
(2) operating money and reserves for operating |
|
expenses and money budgeted by the district to provide medical care |
|
for district residents for the remainder of the fiscal year in which |
|
the district is dissolved. (Acts 68th Leg., R.S., Ch. 1055, Secs. |
|
9.08(b), (d) (part).) |
|
Sec. 1104.308. SPENDING RESTRICTIONS. After the effective |
|
date of the district's dissolution, the board may not spend any |
|
money except as authorized together with all reasonable dissolution |
|
expenses and the district's legal debts incurred before that date. |
|
(Acts 68th Leg., R.S., Ch. 1055, Sec. 9.08(d) (part).) |
|
Sec. 1104.309. 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 Freestone County summarizing the board's actions in dissolving |
|
the district. The report must include a summary of the district's |
|
debts. |
|
(b) Not later than the 10th day after the date the |
|
Commissioners Court of Freestone County receives the report, the |
|
commissioners court shall: |
|
(1) determine whether the board has fulfilled the |
|
requirements of this subchapter; and |
|
(2) if the commissioners court determines the board |
|
has fulfilled its duties, enter an order to that effect. |
|
(c) On entry of an order under Subsection (b)(2), the |
|
directors are discharged from liability under their bonds. (Acts |
|
68th Leg., R.S., Ch. 1055, Sec. 9.08(e).) |
|
CHAPTER 1105. TERRY MEMORIAL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1105.001. DEFINITIONS |
|
Sec. 1105.002. AUTHORITY FOR CREATION |
|
Sec. 1105.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1105.004. DISTRICT TERRITORY |
|
Sec. 1105.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1105.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1105.007-1105.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1105.051. BOARD ELECTION; TERM |
|
Sec. 1105.052. NOTICE OF ELECTION |
|
Sec. 1105.053. BALLOT PETITION |
|
Sec. 1105.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1105.055. FILING OF OATH |
|
Sec. 1105.056. BOARD VACANCY |
|
Sec. 1105.057. OFFICERS |
|
Sec. 1105.058. COMPENSATION |
|
Sec. 1105.059. VOTING REQUIREMENT |
|
Sec. 1105.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1105.061. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1105.062. EMPLOYEES |
|
Sec. 1105.063. RECRUITMENT OF MEDICAL STAFF |
|
Sec. 1105.064. CONTINUING EDUCATION; RETRAINING |
|
Sec. 1105.065. RETIREMENT PROGRAM |
|
Sec. 1105.066. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
[Sections 1105.067-1105.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1105.101. DISTRICT RESPONSIBILITY |
|
Sec. 1105.102. RESTRICTION ON COUNTY OR MUNICIPAL |
|
TAXATION AND DEBT |
|
Sec. 1105.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1105.104. HOSPITAL SYSTEM |
|
Sec. 1105.105. RULES |
|
Sec. 1105.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1105.107. RATES AND CHARGES |
|
Sec. 1105.108. EMINENT DOMAIN |
|
Sec. 1105.109. GIFTS AND ENDOWMENTS |
|
Sec. 1105.110. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1105.111. DISPOSITION OF REAL PROPERTY |
|
Sec. 1105.112. PROVISION OF CERTAIN HEALTH CARE |
|
SERVICES |
|
Sec. 1105.113. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1105.114. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1105.115-1105.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1105.151. BUDGET |
|
Sec. 1105.152. FISCAL YEAR |
|
Sec. 1105.153. AUDIT |
|
Sec. 1105.154. FINANCIAL REPORT |
|
Sec. 1105.155. DEPOSITORY |
|
Sec. 1105.156. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1105.157-1105.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1105.201. GENERAL OBLIGATION BONDS |
|
Sec. 1105.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1105.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1105.204. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1105.205. REFUNDING BONDS |
|
Sec. 1105.206. BONDS EXEMPT FROM TAXATION |
|
[Sections 1105.207-1105.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1105.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1105.252. TAX RATE |
|
Sec. 1105.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1105. TERRY MEMORIAL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1105.001. 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 Terry Memorial Hospital |
|
District. (New.) |
|
Sec. 1105.002. AUTHORITY FOR CREATION. The Terry Memorial |
|
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 59th Leg., R.S., Ch. 653, |
|
Sec. 1 (part).) |
|
Sec. 1105.003. ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 59th Leg., R.S., Ch. 653, Sec. 8 (part).) |
|
Sec. 1105.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Terry County, |
|
Texas. (Acts 59th Leg., R.S., Ch. 653, Sec. 1 (part).) |
|
Sec. 1105.005. 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. 653, Sec. 18 (part).) |
|
Sec. 1105.006. 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. 653, Sec. 18 (part).) |
|
[Sections 1105.007-1105.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1105.051. BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of seven directors elected from the district at |
|
large. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms with the |
|
terms of three or four directors expiring each year as appropriate; |
|
and |
|
(2) a directors' election shall be held annually on the |
|
May uniform election date. (Acts 59th Leg., R.S., Ch. 653, Sec. 4 |
|
(part).) |
|
Sec. 1105.052. NOTICE OF ELECTION. At least 10 days before |
|
the date of a directors' election, notice of the election must be |
|
published one time in a newspaper of general circulation in Terry |
|
County. (Acts 59th Leg., R.S., Ch. 653, Sec. 4 (part).) |
|
Sec. 1105.053. BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file a petition requesting that action. The petition must be: |
|
(1) signed by not fewer than 10 registered voters; and |
|
(2) filed by the deadline imposed by Section 144.005, |
|
Election Code. (Acts 59th Leg., R.S., Ch. 653, Sec. 4 (part).) |
|
Sec. 1105.054. QUALIFICATIONS FOR OFFICE. A person must at |
|
the time of election or appointment as director be: |
|
(1) registered to vote in the district; and |
|
(2) at least 18 years of age. (Acts 59th Leg., R.S., |
|
Ch. 653, Sec. 4 (part).) |
|
Sec. 1105.055. FILING OF OATH. The constitutional oath of |
|
office executed by a director must be filed in the district's |
|
office. (Acts 59th Leg., R.S., Ch. 653, Sec. 4 (part).) |
|
Sec. 1105.056. 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, the county judge of Terry County may fill |
|
the vacancies by appointment. (Acts 59th Leg., R.S., Ch. 653, Sec. |
|
4 (part).) |
|
Sec. 1105.057. OFFICERS. The board shall elect from among |
|
its members a president, a vice president, and a secretary. (Acts |
|
59th Leg., R.S., Ch. 653, Sec. 4 (part).) |
|
Sec. 1105.058. COMPENSATION. A director is entitled to |
|
compensation at a rate determined by the board. The rate may not |
|
exceed $10 for each board meeting. (Acts 59th Leg., R.S., Ch. 653, |
|
Sec. 4 (part).) |
|
Sec. 1105.059. VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 59th Leg., R.S., Ch. 653, Sec. 4 (part).) |
|
Sec. 1105.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
district administrator. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The district administrator and any assistant |
|
administrator serve at the will of the board and receive 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 any other condition the board requires. |
|
(Acts 59th Leg., R.S., Ch. 653, Sec. 5 (part).) |
|
Sec. 1105.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to any limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 59th |
|
Leg., R.S., Ch. 653, Sec. 5 (part).) |
|
Sec. 1105.062. EMPLOYEES. The board may employ any nurses, |
|
technicians, and other lay personnel considered necessary for the |
|
efficient operation of the district or may provide that the |
|
district administrator has the authority to employ those persons. |
|
(Acts 59th Leg., R.S., Ch. 653, Sec. 5 (part).) |
|
Sec. 1105.063. RECRUITMENT OF MEDICAL STAFF. (a) The board |
|
may spend district money to recruit physicians, nurses, or other |
|
trained medical personnel. |
|
(b) The board may: |
|
(1) contract with a full-time medical or nursing |
|
student who is enrolled and in good standing in an accredited |
|
school, college, or university; and |
|
(2) agree to pay the student's tuition or other costs |
|
or expenses if the student agrees to serve in the district on terms |
|
prescribed by the contract. (Acts 59th Leg., R.S., Ch. 653, Secs. |
|
5B(a), (b).) |
|
Sec. 1105.064. CONTINUING EDUCATION; RETRAINING. The board |
|
may spend district money for continuing education and retraining of |
|
employees. (Acts 59th Leg., R.S., Ch. 653, Sec. 5B(c).) |
|
Sec. 1105.065. RETIREMENT PROGRAM. The board may enter |
|
into any contract or agreement with this state or the federal |
|
government that is required to establish or continue a retirement |
|
program for the benefit of the district's employees. (Acts 59th |
|
Leg., R.S., Ch. 653, Sec. 5 (part).) |
|
Sec. 1105.066. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
(a) The board shall: |
|
(1) keep an accurate account of all board meetings and |
|
proceedings; and |
|
(2) maintain at the district's principal office all |
|
district records and accounts, including all contracts, notices, |
|
duplicate vouchers, and duplicate receipts. |
|
(b) The information described by Subsection (a) shall be |
|
open to public inspection at the district's principal office at all |
|
reasonable times. (Acts 59th Leg., R.S., Ch. 653, Sec. 4 (part).) |
|
[Sections 1105.067-1105.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1105.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating all hospital facilities for providing |
|
medical and hospital care of indigent persons; and |
|
(2) providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 653, |
|
Secs. 2 (part), 17 (part).) |
|
Sec. 1105.102. RESTRICTION ON COUNTY OR MUNICIPAL TAXATION |
|
AND DEBT. Terry County or a municipality in Terry County may not |
|
impose a tax or issue bonds or other obligations for hospital |
|
purposes or for medical care. (Acts 59th Leg., R.S., Ch. 653, Sec. |
|
17 (part).) |
|
Sec. 1105.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the district's |
|
hospitals and hospital system. (Acts 59th Leg., R.S., Ch. 653, Sec. |
|
5 (part).) |
|
Sec. 1105.104. HOSPITAL SYSTEM. The district shall provide |
|
for: |
|
(1) the establishment of a hospital system by: |
|
(A) purchasing, constructing, acquiring, |
|
repairing, or renovating buildings and equipment; and |
|
(B) equipping the buildings; and |
|
(2) the administration of the hospital system for |
|
hospital purposes. (Acts 59th Leg., R.S., Ch. 653, Sec. 2 (part).) |
|
Sec. 1105.105. 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. 653, Secs. 5 (part), 9 (part).) |
|
Sec. 1105.106. 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. 653, Sec. 9 (part).) |
|
Sec. 1105.107. RATES AND CHARGES. The board shall |
|
establish the rates and charges for: |
|
(1) services; |
|
(2) supplies; and |
|
(3) the use of district facilities. (Acts 59th Leg., |
|
R.S., Ch. 653, Sec. 14 (part).) |
|
Sec. 1105.108. 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 to 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. 653, Sec. 12.) |
|
Sec. 1105.109. 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. 653, |
|
Sec. 15.) |
|
Sec. 1105.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. (a) The board may contract with a county or |
|
municipality located outside Terry County for the care and |
|
treatment of a sick or injured person of that county or |
|
municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for the treatment of a sick or injured person for whom this |
|
state or the federal government is responsible. (Acts 59th Leg., |
|
R.S., Ch. 653, Sec. 5 (part).) |
|
Sec. 1105.111. DISPOSITION OF REAL PROPERTY. The district |
|
may sell or otherwise dispose of real property on terms the board |
|
finds are in the best interest of the district. (Acts 59th Leg., |
|
R.S., Ch. 653, Sec. 5A.) |
|
Sec. 1105.112. PROVISION OF CERTAIN HEALTH CARE SERVICES. |
|
The district may provide any appropriate health care services the |
|
board determines are necessary to meet the needs of the district, |
|
including: |
|
(1) emergency medical services; |
|
(2) home health care services; |
|
(3) long-term care services; |
|
(4) rehabilitation services; and |
|
(5) fitness services. (Acts 59th Leg., R.S., Ch. 653, |
|
Sec. 2A.) |
|
Sec. 1105.113. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When an indigent patient 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 legally liable for the |
|
patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay for all or part of the |
|
patient's care and treatment in the hospital, the amount 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 |
|
support. The amount ordered must be proportionate to their |
|
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 those relatives, 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 order. |
|
(f) A party to the dispute who is not satisfied with the |
|
order may appeal to the district court. The appeal shall be by |
|
trial de novo as that term is used in an appeal from a justice court |
|
to the county court. (Acts 59th Leg., R.S., Ch. 653, Sec. 14 |
|
(part).) |
|
Sec. 1105.114. AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 59th Leg., R.S., Ch. |
|
653, Sec. 5 (part).) |
|
[Sections 1105.115-1105.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1105.151. BUDGET. (a) The district administrator |
|
shall prepare for approval by the board an annual budget that |
|
corresponds to the district's fiscal year. |
|
(b) Not later than August 31 of each year, the board shall |
|
publish notice of a public hearing on the proposed budget. The |
|
notice must be published in a newspaper of general circulation in |
|
Terry County at least 10 days before the date of the hearing. (Acts |
|
59th Leg., R.S., Ch. 653, Secs. 6 (part), 16.) |
|
Sec. 1105.152. FISCAL YEAR. The district shall operate on a |
|
fiscal year that begins on October 1 and ends on September 30. |
|
(Acts 59th Leg., R.S., Ch. 653, Sec. 6 (part).) |
|
Sec. 1105.153. AUDIT. (a) The district shall have an audit |
|
made of the district's financial condition. |
|
(b) The audit shall be open to inspection at all times at the |
|
district's principal office. (Acts 59th Leg., R.S., Ch. 653, Sec. 6 |
|
(part).) |
|
Sec. 1105.154. FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 59th Leg., R.S., Ch. 653, Sec. 6 (part).) |
|
Sec. 1105.155. DEPOSITORY. (a) The board shall designate |
|
one or more banks in Terry County to serve as a depository for |
|
district money. |
|
(b) All district money shall be immediately deposited on |
|
receipt with a depository bank, except that sufficient money must |
|
be remitted to an appropriate bank to pay the principal of and |
|
interest on the district's outstanding bonds, or other obligations |
|
assumed by the district, on or before the maturity date of the |
|
principal and interest. |
|
(c) To the extent that money in a depository bank is not |
|
insured by the Federal Deposit Insurance Corporation, the money |
|
must be secured in the manner provided by law for the security of |
|
county funds. |
|
(d) Membership on the district's board of an officer or |
|
director of a bank does not disqualify the bank from being |
|
designated as depository. (Acts 59th Leg., R.S., Ch. 653, Sec. 10.) |
|
Sec. 1105.156. 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) 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) a district bond that has been authorized but not |
|
sold. |
|
(c) A loan for which taxes or bonds are pledged must mature |
|
not later than the first anniversary of the date the loan is made. A |
|
loan for which district revenue is pledged must mature not later |
|
than the fifth anniversary of the date the loan is made. |
|
(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 purposes for which the taxes were imposed or the bonds |
|
were authorized. (Acts 59th Leg., R.S., Ch. 653, Sec. 8A.) |
|
[Sections 1105.157-1105.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1105.201. GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose related to the purchase, |
|
construction, acquisition, repair, or renovation of buildings or |
|
improvements, and equipping buildings or improvements for a |
|
hospital and the hospital system, as determined by the board. (Acts |
|
59th Leg., R.S., Ch. 653, Sec. 7 (part).) |
|
Sec. 1105.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, 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 imposed for the district may not in any year exceed |
|
75 cents on each $100 valuation of taxable property. (Acts 59th |
|
Leg., R.S., Ch. 653, Sec. 7 (part).) |
|
Sec. 1105.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board shall call the election. The election must be |
|
held in accordance with Chapter 1251, Government Code. |
|
(c) The bond election order must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding election officers; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum maturity of the bonds; and |
|
(6) the maximum interest rate of the bonds. (Acts 59th |
|
Leg., R.S., Ch. 653, Sec. 7 (part).) |
|
Sec. 1105.204. EXECUTION OF GENERAL OBLIGATION BONDS. The |
|
board president shall execute the general obligation bonds in the |
|
district's name and the board secretary shall attest the bonds as |
|
provided by Chapter 618, Government Code. (Acts 59th Leg., R.S., |
|
Ch. 653, Sec. 7 (part).) |
|
Sec. 1105.205. REFUNDING BONDS. (a) District bonds may be |
|
issued without an election to refund any bonds issued or assumed by |
|
the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of outstanding bonds; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of the outstanding bonds. (Acts 59th |
|
Leg., R.S., Ch. 653, Sec. 7 (part).) |
|
Sec. 1105.206. BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) any bonds issued by the district; |
|
(2) the transfer of the bonds; and |
|
(3) bond revenue, including any profits made in the |
|
sale of the bonds. (Acts 59th Leg., R.S., Ch. 653, Sec. 8 (part).) |
|
[Sections 1105.207-1105.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1105.251. IMPOSITION OF AD VALOREM TAX. (a) The |
|
district may impose a tax on all taxable property in the district |
|
subject to district taxation. |
|
(b) The tax may be used to meet the requirements of: |
|
(1) district bonds; |
|
(2) indebtedness assumed by the district; and |
|
(3) district maintenance and operating expenses. |
|
(Acts 59th Leg., R.S., Ch. 653, Secs. 3 (part), 13 (part).) |
|
Sec. 1105.252. TAX RATE. The district may impose the tax at |
|
a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. (Acts 59th Leg., R.S., Ch. 653, Sec. 3 |
|
(part).) |
|
Sec. 1105.253. TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector of Terry County shall assess and collect taxes |
|
imposed by the district. (Acts 59th Leg., R.S., Ch. 653, Sec. 13 |
|
(part).) |
|
CHAPTER 1106. TEXHOMA MEMORIAL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1106.001. DEFINITIONS |
|
Sec. 1106.002. AUTHORITY FOR OPERATION |
|
Sec. 1106.003. POLITICAL SUBDIVISION |
|
Sec. 1106.004. DISTRICT TERRITORY |
|
[Sections 1106.005-1106.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1106.051. BOARD; TERM |
|
Sec. 1106.052. NOTICE OF ELECTION |
|
Sec. 1106.053. BALLOT PETITION |
|
Sec. 1106.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1106.055. BOND NOT REQUIRED |
|
Sec. 1106.056. BOARD VACANCY |
|
Sec. 1106.057. OFFICERS |
|
Sec. 1106.058. COMPENSATION; EXPENSES |
|
Sec. 1106.059. VOTING REQUIREMENT |
|
Sec. 1106.060. EMPLOYEES |
|
Sec. 1106.061. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1106.062. SEAL |
|
[Sections 1106.063-1106.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1106.101. DISTRICT RESPONSIBILITY |
|
Sec. 1106.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION |
|
Sec. 1106.103. MANAGEMENT AND CONTROL OF DISTRICT |
|
Sec. 1106.104. HOSPITAL SYSTEM |
|
Sec. 1106.105. RULES |
|
Sec. 1106.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1106.107. EMINENT DOMAIN |
|
Sec. 1106.108. GIFTS AND ENDOWMENTS |
|
Sec. 1106.109. CONTRACTS WITH POLITICAL SUBDIVISIONS |
|
FOR HOSPITAL AND MEDICAL CARE |
|
Sec. 1106.110. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1106.111. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1106.112-1106.150 reserved for expansion] |
|
SUBCHAPTER D. FINANCIAL PROVISIONS |
|
Sec. 1106.151. BUDGET |
|
Sec. 1106.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1106.153. FISCAL YEAR |
|
Sec. 1106.154. ANNUAL AUDIT |
|
Sec. 1106.155. DEPOSITORY OR TREASURER |
|
[Sections 1106.156-1106.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1106.201. GENERAL OBLIGATION BONDS |
|
Sec. 1106.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1106.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1106.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1106.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
[Sections 1106.206-1106.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1106.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1106.252. TAX RATE |
|
CHAPTER 1106. TEXHOMA MEMORIAL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1106.001. 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 Texhoma Memorial Hospital |
|
District. (New.) |
|
Sec. 1106.002. AUTHORITY FOR OPERATION. The Texhoma |
|
Memorial Hospital District operates in accordance with Section 9, |
|
Article IX, Texas Constitution. (Acts 60th Leg., R.S., Ch. 422, |
|
Sec. 1(a) (part).) |
|
Sec. 1106.003. POLITICAL SUBDIVISION. The district is a |
|
political subdivision of this state. (Acts 60th Leg., R.S., Ch. |
|
422, Sec. 16 (part).) |
|
Sec. 1106.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of the Texhoma |
|
Independent School District in Sherman County, as those boundaries |
|
existed as of January 1, 1967. (Acts 60th Leg., R.S., Ch. 422, Sec. |
|
1(a) (part).) |
|
[Sections 1106.005-1106.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1106.051. BOARD; TERM. (a) The board consists of five |
|
elected directors. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code, directors serve staggered two-year |
|
terms with the terms of two or three directors expiring each year as |
|
appropriate. (Acts 60th Leg., R.S., Ch. 422, Sec. 3(a) (part).) |
|
Sec. 1106.052. NOTICE OF ELECTION. At least 10 days before |
|
the date of a directors' election, notice of the election must be |
|
published one time in a newspaper of general circulation in the |
|
district. (Acts 60th Leg., R.S., Ch. 422, Sec. 3(c) (part).) |
|
Sec. 1106.053. BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by not less than 15 registered voters; and |
|
(2) filed by the deadline imposed by Section 144.005, |
|
Election Code. (Acts 60th Leg., R.S., Ch. 422, Sec. 3(c) (part).) |
|
Sec. 1106.054. QUALIFICATIONS FOR OFFICE. A person may not |
|
be appointed or elected a director unless the person: |
|
(1) is a resident of the district; |
|
(2) owns land in the district subject to taxation; and |
|
(3) is at least 18 years of age at the time of the |
|
election or appointment. (Acts 60th Leg., R.S., Ch. 422, Sec. 3(a) |
|
(part).) |
|
Sec. 1106.055. BOND NOT REQUIRED. A director is not |
|
required to post a public official's bond. (Acts 60th Leg., R.S., |
|
Ch. 422, Sec. 3(a) (part).) |
|
Sec. 1106.056. BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of director, the remaining directors shall appoint a |
|
director for the unexpired term. |
|
(b) If the number of directors is reduced to fewer than |
|
three for any reason, the remaining directors shall immediately |
|
call a special election to fill the vacancies. If the remaining |
|
directors do not call the election, a district court, on |
|
application of a district voter or taxpayer, may order the |
|
directors to hold the election. (Acts 60th Leg., R.S., Ch. 422, |
|
Sec. 3(b) (part).) |
|
Sec. 1106.057. OFFICERS. The board shall elect from among |
|
its members a president and a secretary. (Acts 60th Leg., R.S., Ch. |
|
422, Sec. 3(b) (part).) |
|
Sec. 1106.058. COMPENSATION; EXPENSES. A director serves |
|
without compensation but is entitled to reimbursement for actual |
|
expenses incurred in the performance of official duties on approval |
|
of the expenses by the board. (Acts 60th Leg., R.S., Ch. 422, Secs. |
|
3(a) (part), 4 (part).) |
|
Sec. 1106.059. VOTING REQUIREMENT. A concurrence of three |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 60th Leg., R.S., Ch. 422, Sec. 3(b) (part).) |
|
Sec. 1106.060. EMPLOYEES. The board may employ a general |
|
manager, attorney, bookkeeper, architect, and any other employee |
|
considered necessary for the efficient operation of the district. |
|
(Acts 60th Leg., R.S., Ch. 422, Sec. 7(a) (part).) |
|
Sec. 1106.061. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
All district records, including books, accounts, notices, and |
|
minutes, and all other matters of the district and the operation of |
|
its facilities, shall be: |
|
(1) maintained at the district office; and |
|
(2) open to public inspection at the district office |
|
at all reasonable hours. (Acts 60th Leg., R.S., Ch. 422, Sec. |
|
7(b).) |
|
Sec. 1106.062. SEAL. The board may adopt a seal for the |
|
district. (Acts 60th Leg., R.S., Ch. 422, Sec. 7(a) (part).) |
|
[Sections 1106.063-1106.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1106.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy inhabitants and needy and indigent residents. |
|
(Acts 60th Leg., R.S., Ch. 422, Secs. 2(a) (part), 12 (part).) |
|
Sec. 1106.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION. Sherman County or any other political subdivision in the |
|
district may not impose a tax on property in the district for |
|
hospital purposes. (Acts 60th Leg., R.S., Ch. 422, Sec. 12 (part).) |
|
Sec. 1106.103. MANAGEMENT AND CONTROL OF DISTRICT. The |
|
management and control of the district are vested in the board. |
|
(Acts 60th Leg., R.S., Ch. 422, Sec. 4 (part).) |
|
Sec. 1106.104. HOSPITAL SYSTEM. The district shall provide |
|
for: |
|
(1) the establishment of a hospital system to provide |
|
medical and hospital care to district residents by: |
|
(A) purchasing, constructing, acquiring, |
|
repairing, or renovating buildings and improvements; and |
|
(B) equipping the buildings and improvements; |
|
and |
|
(2) the administration of the hospital system for |
|
hospital purposes. (Acts 60th Leg., R.S., Ch. 422, Sec. 2(a) |
|
(part).) |
|
Sec. 1106.105. RULES. (a) The board may adopt rules |
|
governing the operation of the district and district facilities. |
|
(b) The rules may, on approval by the board, be published in |
|
booklet form at district expense and made available to any taxpayer |
|
on request. (Acts 60th Leg., R.S., Ch. 422, Sec. 7(c).) |
|
Sec. 1106.106. PURCHASING AND ACCOUNTING PROCEDURES. (a) |
|
The board may prescribe the method and manner of making purchases |
|
and expenditures by and for the district. |
|
(b) The board shall prescribe: |
|
(1) all accounting and control procedures; and |
|
(2) the method of purchasing necessary supplies, |
|
materials, and equipment. (Acts 60th Leg., R.S., Ch. 422, Sec. 7(a) |
|
(part).) |
|
Sec. 1106.107. 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, real, personal, or mixed, |
|
located in district territory if the interest is necessary or |
|
convenient to exercise a right, power, privilege, or function |
|
conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. (Acts 60th Leg., R.S., Ch. 422, |
|
Sec. 9.) |
|
Sec. 1106.108. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment 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. 422, |
|
Sec. 14.) |
|
Sec. 1106.109. CONTRACTS WITH POLITICAL SUBDIVISIONS FOR |
|
HOSPITAL AND MEDICAL CARE. (a) The board may enter into an |
|
agreement or contract with another political subdivision of this |
|
state that has boundaries contiguous to the district, on terms the |
|
board considers reasonable and proper, to provide medical and |
|
hospital care for residents of the other political subdivision. |
|
(b) A contract or agreement entered into under this section |
|
must require the other political subdivision to pay for all medical |
|
and hospital care received by or provided to any resident of the |
|
other political subdivision if the person fails to pay for the |
|
medical and hospital services received by the resident. (Acts 60th |
|
Leg., R.S., Ch. 422, Sec. 18.) |
|
Sec. 1106.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the board shall have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives legally liable for the |
|
patient's support. |
|
(b) If an agent designated by the district to handle the |
|
inquiry determines that the patient or those relatives cannot pay |
|
for all or part 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 board determines that the patient or those |
|
relatives are liable to pay for all or part of the patient's care |
|
and treatment, the patient or those relatives shall be ordered to |
|
pay to the district's treasurer a specified amount each week for the |
|
patient's support. The amount ordered must be proportionate to |
|
their financial ability and may not exceed the actual per capita |
|
cost of maintenance. |
|
(d) The district may collect the amount from the patient's |
|
estate, or from those relatives 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's designated agent, the board shall hold |
|
a hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate order. |
|
(f) Either party to the dispute may appeal the order to the |
|
district court. (Acts 60th Leg., R.S., Ch. 422, Sec. 13.) |
|
Sec. 1106.111. AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district may sue and be sued in its own |
|
name in any court of this state. (Acts 60th Leg., R.S., Ch. 422, |
|
Sec. 16 (part).) |
|
[Sections 1106.112-1106.150 reserved for expansion] |
|
SUBCHAPTER D. FINANCIAL PROVISIONS |
|
Sec. 1106.151. BUDGET. The board annually shall require a |
|
budget to be prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 60th Leg., R.S., Ch. 422, Sec. 8(b) (part).) |
|
Sec. 1106.152. PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in Sherman County not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district taxpayer is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. (Acts 60th Leg., R.S., Ch. 422, Sec. 8(b) (part).) |
|
Sec. 1106.153. FISCAL YEAR. The district's fiscal year |
|
begins on October 1 and ends on September 30. (Acts 60th Leg., |
|
R.S., Ch. 422, Sec. 8(a) (part).) |
|
Sec. 1106.154. ANNUAL AUDIT. The board annually shall have |
|
an independent audit made of the district's books and records. |
|
(Acts 60th Leg., R.S., Ch. 422, Sec. 8(a) (part).) |
|
Sec. 1106.155. DEPOSITORY OR TREASURER. (a) The board by |
|
resolution shall designate a bank or banks in Sherman County as the |
|
district's depository or treasurer. 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 60th Leg., R.S., Ch. 422, |
|
Sec. 10.) |
|
[Sections 1106.156-1106.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1106.201. GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
of the district for any purpose relating to the purchase, |
|
construction, acquisition, repair, or renovation of buildings or |
|
improvements and equipping the buildings or improvements for |
|
hospital purposes. (Acts 60th Leg., R.S., Ch. 422, Sec. 6(a) |
|
(part).) |
|
Sec. 1106.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
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 general obligation bonds issued under Section 1106.201 |
|
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 all taxable property in the |
|
district. (Acts 60th Leg., R.S., Ch. 422, Secs. 5(a) (part), 6(a) |
|
(part).) |
|
Sec. 1106.203. 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 in an |
|
election held for that purpose. |
|
(b) The board may order a bond election on its own motion. |
|
(c) The order calling the election must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding election officers; |
|
(4) the purpose for which the bonds are to be issued; |
|
(5) the amount of the bonds to be authorized; |
|
(6) the maximum interest rate of the bonds; and |
|
(7) the maximum maturity date of the bonds. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the order in a newspaper of general circulation |
|
in the district once each week for two consecutive weeks before the |
|
date of the election. The first publication must occur at least 14 |
|
days before the date of the election. (Acts 60th Leg., R.S., Ch. |
|
422, Sec. 6(a) (part).) |
|
Sec. 1106.204. MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 60th Leg., R.S., Ch. 422, |
|
Sec. 6(a) (part).) |
|
Sec. 1106.205. 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. (Acts |
|
60th Leg., R.S., Ch. 422, Sec. 6(a) (part).) |
|
[Sections 1106.206-1106.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1106.251. IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the budget, the board shall impose a tax on all taxable |
|
property in the district subject to district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued by the district for hospital purposes as provided by |
|
this chapter; |
|
(2) provide for the maintenance and operation 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 60th Leg., R.S., Ch. 422, |
|
Secs. 5(a) (part), 8(b) (part).) |
|
Sec. 1106.252. TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 60th Leg., R.S., Ch. 422, Sec. 5(a) |
|
(part).) |
|
CHAPTER 1108. TRINITY MEMORIAL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1108.001. DEFINITIONS |
|
Sec. 1108.002. AUTHORITY FOR OPERATION |
|
Sec. 1108.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1108.004. DISTRICT TERRITORY |
|
Sec. 1108.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1108.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1108.007-1108.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1108.051. BOARD ELECTION; TERM |
|
Sec. 1108.052. NOTICE OF ELECTION |
|
Sec. 1108.053. BALLOT PETITION |
|
Sec. 1108.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1108.055. BOARD VACANCY |
|
Sec. 1108.056. OFFICERS |
|
Sec. 1108.057. COMPENSATION; EXPENSES |
|
Sec. 1108.058. QUORUM; VOTING REQUIREMENT |
|
Sec. 1108.059. DISTRICT ADMINISTRATOR |
|
Sec. 1108.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1108.061. ASSISTANT DISTRICT ADMINISTRATOR; |
|
ATTORNEY |
|
Sec. 1108.062. APPOINTMENT OF STAFF AND EMPLOYEES |
|
Sec. 1108.063. RETIREMENT BENEFITS |
|
[Sections 1108.064-1108.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1108.101. DISTRICT RESPONSIBILITY |
|
Sec. 1108.102. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1108.103. HOSPITAL SYSTEM; MOBILE EMERGENCY |
|
MEDICAL SERVICES |
|
Sec. 1108.104. RULES |
|
Sec. 1108.105. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1108.106. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1108.107. EMINENT DOMAIN |
|
Sec. 1108.108. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 1108.109. GIFTS AND ENDOWMENTS |
|
Sec. 1108.110. CONSTRUCTION CONTRACTS |
|
Sec. 1108.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1108.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR SERVICES |
|
Sec. 1108.113. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1108.114. REIMBURSEMENT FOR SERVICES |
|
Sec. 1108.115. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1108.116-1108.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1108.151. BUDGET |
|
Sec. 1108.152. NOTICE; HEARING; APPROVAL OF BUDGET |
|
Sec. 1108.153. AMENDMENTS TO BUDGET |
|
Sec. 1108.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1108.155. FISCAL YEAR |
|
Sec. 1108.156. ANNUAL AUDIT |
|
Sec. 1108.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1108.158. FINANCIAL REPORT |
|
Sec. 1108.159. DEPOSITORY |
|
Sec. 1108.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1108.161-1108.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1108.201. GENERAL OBLIGATION BONDS |
|
Sec. 1108.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1108.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1108.204. REVENUE BONDS |
|
Sec. 1108.205. REFUNDING BONDS |
|
Sec. 1108.206. MATURITY OF BONDS |
|
Sec. 1108.207. EXECUTION OF BONDS |
|
Sec. 1108.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1108.209-1108.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1108.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1108.252. TAX RATE |
|
Sec. 1108.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1108. TRINITY MEMORIAL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1108.001. 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 Trinity Memorial Hospital |
|
District. (New.) |
|
Sec. 1108.002. AUTHORITY FOR OPERATION. The Trinity |
|
Memorial Hospital District operates and is administered and |
|
financed in accordance with Section 9, Article IX, Texas |
|
Constitution, and has the rights, powers, and duties provided by |
|
this chapter. (Acts 67th Leg., R.S., Ch. 265, Sec. 1.) |
|
Sec. 1108.003. ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 67th Leg., R.S., Ch. 265, Sec. 24 (part).) |
|
Sec. 1108.004. DISTRICT TERRITORY. The district is |
|
composed of the territory in Trinity County described by Section 2, |
|
Chapter 265, Acts of the 67th Legislature, Regular Session, 1981. |
|
(New.) |
|
Sec. 1108.005. 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 67th |
|
Leg., R.S., Ch. 265, Sec. 23 (part).) |
|
Sec. 1108.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 67th Leg., R.S., Ch. 265, Sec. 23 (part).) |
|
[Sections 1108.007-1108.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1108.051. BOARD ELECTION; TERM. (a) The board |
|
consists of nine directors elected by place. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code, directors serve staggered two-year |
|
terms with the terms of four or five directors expiring each year as |
|
appropriate. (Acts 67th Leg., R.S., Ch. 265, Sec. 5(d) (part).) |
|
Sec. 1108.052. NOTICE OF ELECTION. At least 30 days before |
|
the date of a directors' election, notice of the election must be |
|
published one time in a newspaper or newspapers that individually |
|
or collectively have general circulation in the district. (Acts |
|
67th Leg., R.S., Ch. 265, Sec. 5(e).) |
|
Sec. 1108.053. BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must: |
|
(1) be signed by at least 10 voters in the district; |
|
(2) be filed by the deadline imposed by Section |
|
144.005, Election Code; and |
|
(3) specify the place for which the person is to be a |
|
candidate. (Acts 67th Leg., R.S., Ch. 265, Sec. 5(f).) |
|
Sec. 1108.054. QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) at least 18 years of age; |
|
(2) a resident of the district; and |
|
(3) a qualified voter. |
|
(b) A person elected or appointed to fill Place 1 or 3 on the |
|
board must also be a resident of the portion of Commissioners |
|
Precinct 1 or 3, respectively, that lies within the district. |
|
(c) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; or |
|
(2) a district employee. (Acts 67th Leg., R.S., Ch. |
|
265, Sec. 5(h).) |
|
Sec. 1108.055. BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall fill the vacancy |
|
for the unexpired term. (Acts 67th Leg., R.S., Ch. 265, Sec. 5(g).) |
|
Sec. 1108.056. 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 a one-year term. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 67th Leg., R.S., Ch. 265, Sec. 5(i) (part).) |
|
Sec. 1108.057. 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 67th Leg., R.S., Ch. |
|
265, Sec. 5(i) (part).) |
|
Sec. 1108.058. QUORUM; VOTING REQUIREMENT. (a) Any four |
|
directors constitute a quorum. |
|
(b) A concurrence of four directors is sufficient in any |
|
matter relating to district business. (Acts 67th Leg., R.S., Ch. |
|
265, Sec. 5(i) (part).) |
|
Sec. 1108.059. DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and is entitled to receive the compensation determined by the |
|
board. |
|
(c) Before assuming the duties of district administrator, |
|
the administrator must execute a bond in the amount set by the board |
|
of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's required duties; and |
|
(2) contains any other condition the board requires. |
|
(Acts 67th Leg., R.S., Ch. 265, Sec. 6 (part).) |
|
Sec. 1108.060. 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 67th |
|
Leg., R.S., Ch. 265, Sec. 6 (part).) |
|
Sec. 1108.061. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
(a) The board may appoint qualified persons as: |
|
(1) the assistant district administrator; and |
|
(2) the attorney for the district. |
|
(b) The assistant district administrator and the attorney |
|
serve at the will of the board and are entitled to receive the |
|
compensation determined by the board. (Acts 67th Leg., R.S., Ch. |
|
265, Sec. 6 (part).) |
|
Sec. 1108.062. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as warranted. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and additional attorneys as the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ district employees, including technicians and |
|
nurses. (Acts 67th Leg., R.S., Ch. 265, Secs. 6 (part), 19.) |
|
Sec. 1108.063. 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 67th Leg., R.S., Ch. |
|
265, Sec. 7.) |
|
[Sections 1108.064-1108.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1108.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating all hospital facilities and for |
|
providing medical and hospital care for the district's needy |
|
inhabitants. (Acts 67th Leg., R.S., Ch. 265, Sec. 22 (part).) |
|
Sec. 1108.102. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 67th Leg., R.S., Ch. |
|
265, Sec. 6 (part).) |
|
Sec. 1108.103. HOSPITAL SYSTEM; MOBILE EMERGENCY MEDICAL |
|
SERVICES. (a) The district shall provide for: |
|
(1) the establishment of a hospital system and the |
|
provision of emergency medical services by: |
|
(A) purchasing, constructing, acquiring, |
|
repairing, or renovating buildings and equipment; and |
|
(B) equipping the buildings; and |
|
(2) the administration of the hospital system for |
|
hospital purposes. |
|
(b) The hospital system may include any facilities and |
|
equipment the board considers necessary for hospital care. (Acts |
|
67th Leg., R.S., Ch. 265, Secs. 3 (part), 12(a) (part).) |
|
Sec. 1108.104. RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 67th Leg., R.S., Ch. 265, |
|
Sec. 6 (part).) |
|
Sec. 1108.105. 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 67th |
|
Leg., R.S., Ch. 265, Sec. 12(b) (part).) |
|
Sec. 1108.106. 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 |
|
facilities on terms considered to be in the best interest of the |
|
district's inhabitants. |
|
(c) The district may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the property as |
|
security for the payment of the purchase price. |
|
(d) The district may sell or otherwise dispose of any |
|
property, including equipment, on terms the board finds are in the |
|
best interest of the district's inhabitants. (Acts 67th Leg., |
|
R.S., Ch. 265, Secs. 12(a) (part), (b) (part).) |
|
Sec. 1108.107. 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 to 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 67th Leg., R.S., Ch. 265, |
|
Sec. 18(a).) |
|
Sec. 1108.108. COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade, or |
|
altering the construction of any railroad, 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 67th Leg., R.S., Ch. 265, Sec. 18(b).) |
|
Sec. 1108.109. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for the |
|
purposes and under the directions, limitations, or other provisions |
|
prescribed in writing by the donor that are consistent with the |
|
proper management and objectives of the district. (Acts 67th Leg., |
|
R.S., Ch. 265, Sec. 21.) |
|
Sec. 1108.110. 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 67th |
|
Leg., R.S., Ch. 265, Sec. 12(b) (part).) |
|
Sec. 1108.111. OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 67th Leg., R.S., Ch. 265, Sec. 12(a) |
|
(part).) |
|
Sec. 1108.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
SERVICES. The board may contract with a political subdivision or |
|
governmental agency for the district to provide mobile emergency |
|
medical services and investigatory or other services as to |
|
facilities for the medical care, hospital, or welfare needs of |
|
district inhabitants. (Acts 67th Leg., R.S., Ch. 265, Sec. 6 |
|
(part).) |
|
Sec. 1108.113. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives legally liable for the |
|
patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay for all or part of the care |
|
and treatment in the hospital, the amount 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 their financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from those relatives 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: |
|
(1) call witnesses; |
|
(2) hear and resolve the dispute or doubt; and |
|
(3) issue a final order. |
|
(f) A final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 67th Leg., R.S., Ch. 265, Sec. 20.) |
|
Sec. 1108.114. REIMBURSEMENT FOR SERVICES. (a) The board |
|
shall require a county or municipality located outside the district |
|
to reimburse the district for the care and treatment of a sick or |
|
injured person of that county or municipality. |
|
(b) The board shall require the sheriff of Trinity County to |
|
reimburse the district for the care and treatment of a prisoner |
|
imprisoned in Trinity County who is not a district resident. |
|
(c) The district may contract with this state or a federal |
|
agency for the reimbursement for the treatment of a sick or injured |
|
person. (Acts 67th Leg., R.S., Ch. 265, Sec. 6 (part).) |
|
Sec. 1108.115. AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 67th Leg., R.S., Ch. |
|
265, Sec. 6 (part).) |
|
[Sections 1108.116-1108.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1108.151. 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 to the credit of 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 budget; and |
|
(7) the estimated tax rate required. (Acts 67th Leg., |
|
R.S., Ch. 265, Sec. 8 (part).) |
|
Sec. 1108.152. NOTICE; HEARING; APPROVAL 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 must be published one time in a newspaper with |
|
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 act on |
|
the budget as proposed by the district administrator. The board may |
|
make any changes in the proposed budget that the board judges to be |
|
in the interests of the taxpayers and the law warrants. The budget |
|
must be approved by the board. (Acts 67th Leg., R.S., Ch. 265, Sec. |
|
8 (part).) |
|
Sec. 1108.153. AMENDMENTS TO BUDGET. After the annual |
|
budget is adopted, the budget may be amended as required by |
|
circumstances. The board must approve all amendments. (Acts 67th |
|
Leg., R.S., Ch. 265, Sec. 8 (part).) |
|
Sec. 1108.154. RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 67th Leg., R.S., Ch. 265, Sec. 8 (part).) |
|
Sec. 1108.155. 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 any 24-month period. (Acts 67th |
|
Leg., R.S., Ch. 265, Sec. 8 (part).) |
|
Sec. 1108.156. ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 67th |
|
Leg., R.S., Ch. 265, Sec. 8 (part).) |
|
Sec. 1108.157. 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 67th Leg., |
|
R.S., Ch. 265, Sec. 8 (part).) |
|
Sec. 1108.158. 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 67th Leg., R.S., Ch. 265, Sec. 8 (part).) |
|
Sec. 1108.159. DEPOSITORY. (a) The board shall select one |
|
or more banks inside or outside the district to serve as a |
|
depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1108.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to place a part of district money on time |
|
deposit or to purchase certificates of deposit. (Acts 67th Leg., |
|
R.S., Ch. 265, Sec. 13(a).) |
|
Sec. 1108.160. SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as provided by Section 1108.106(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 67th Leg., R.S., Ch. 265, Secs. 6 |
|
(part), 12(b) (part).) |
|
[Sections 1108.161-1108.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1108.201. 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; |
|
(2) equipping buildings or improvements for hospital |
|
purposes; and |
|
(3) the acquisition and operation of mobile emergency |
|
medical services to assist the district in carrying out its |
|
hospital purposes. (Acts 67th Leg., R.S., Ch. 265, Sec. 9(a) |
|
(part).) |
|
Sec. 1108.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, 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 imposed for the district 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 67th Leg., |
|
R.S., Ch. 265, Sec. 9(a) (part).) |
|
Sec. 1108.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters. |
|
(b) The board, in ordering a bond election, 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. |
|
(d) Section 41.001(a), Election Code, does not apply to an |
|
election held under this section. |
|
(e) The board shall declare the results of the election. |
|
(Acts 67th Leg., R.S., Ch. 265, Sec. 9(a) (part).) |
|
Sec. 1108.204. 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 and operate mobile emergency medical |
|
services to assist the district in carrying out its hospital |
|
purposes; and |
|
(3) 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 district 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 67th Leg., R.S., Ch. 265, Sec. 11 (part).) |
|
Sec. 1108.205. 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 67th |
|
Leg., R.S., Ch. 265, Secs. 9(a) (part), (b) (part), 11 (part).) |
|
Sec. 1108.206. MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after their date of issuance. (Acts |
|
67th Leg., R.S., Ch. 265, Sec. 9(c) (part).) |
|
Sec. 1108.207. EXECUTION OF BONDS. The board president |
|
shall execute the district's bonds in the district's name, and the |
|
board secretary shall countersign the bonds in the manner provided |
|
by Chapter 618, Government Code. (Acts 67th Leg., R.S., Ch. 265, |
|
Sec. 9(c) (part).) |
|
Sec. 1108.208. 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) any profits made in the sale of the bonds. (Acts |
|
67th Leg., R.S., Ch. 265, Sec. 24 (part).) |
|
[Sections 1108.209-1108.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1108.251. 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 shall impose the tax to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) district maintenance and operating expenses. |
|
(c) The board may not impose a tax to pay the principal of or |
|
interest on revenue bonds issued under Section 1108.204. (Acts |
|
67th Leg., R.S., Ch. 265, Secs. 14(a) (part), (c).) |
|
Sec. 1108.252. 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 67th |
|
Leg., R.S., Ch. 265, Secs. 4(b) (part), 14(a) (part), (d) (part).) |
|
Sec. 1108.253. 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 Title 1, Tax Code. (Acts 67th Leg., R.S., Ch. 265, Sec. 16(b).) |
|
|
|
CHAPTER 1111. WALKER COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1111.001. DEFINITIONS |
|
Sec. 1111.002. AUTHORITY FOR CREATION |
|
Sec. 1111.003. POLITICAL SUBDIVISION |
|
Sec. 1111.004. DISTRICT TERRITORY |
|
Sec. 1111.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1111.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
[Sections 1111.007-1111.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1111.051. BOARD ELECTION; TERM |
|
Sec. 1111.052. NOTICE OF ELECTION |
|
Sec. 1111.053. REQUEST TO APPEAR ON BALLOT |
|
Sec. 1111.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1111.055. BOND; RECORD OF BOND AND OATH |
|
Sec. 1111.056. OFFICERS |
|
Sec. 1111.057. OFFICE; MEETINGS |
|
Sec. 1111.058. RECORDS OF PROCEEDINGS |
|
Sec. 1111.059. DISTRICT ADMINISTRATOR |
|
Sec. 1111.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1111.061. APPOINTMENT OF STAFF AND EMPLOYEES |
|
Sec. 1111.062. RETIREMENT PROGRAM |
|
Sec. 1111.063. SEAL |
|
[Sections 1111.064-1111.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1111.101. DISTRICT RESPONSIBILITY |
|
Sec. 1111.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1111.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1111.104. HOSPITAL SYSTEM |
|
Sec. 1111.105. RULES |
|
Sec. 1111.106. EMINENT DOMAIN |
|
Sec. 1111.107. GIFTS AND ENDOWMENTS |
|
Sec. 1111.108. LEASES |
|
Sec. 1111.109. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1111.110. CONTRACTS FOR CARE |
|
Sec. 1111.111. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR HOSPITALIZATION |
|
Sec. 1111.112. DISPOSITION OF PROPERTY |
|
Sec. 1111.113. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1111.114-1111.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1111.151. DEPOSITORY |
|
[Sections 1111.152-1111.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1111.201. GENERAL OBLIGATION BONDS |
|
Sec. 1111.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1111.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1111.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1111.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1111.206. INVESTMENT OF GENERAL OBLIGATION BOND |
|
PROCEEDS |
|
Sec. 1111.207. REVENUE AND SPECIAL OBLIGATION BONDS |
|
[Sections 1111.208-1111.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1111.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1111.252. TAX RATE |
|
Sec. 1111.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR |
|
Sec. 1111.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1111. WALKER COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1111.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of hospital managers of |
|
the district. |
|
(2) "District" means the Walker County Hospital |
|
District of Walker County, Texas. |
|
(3) "Manager" means a member of the board. (New.) |
|
Sec. 1111.002. AUTHORITY FOR CREATION. The Walker County |
|
Hospital District of Walker County, Texas, is created under the |
|
authority of Section 9, Article IX, Texas Constitution. (Acts 62nd |
|
Leg., R.S., Ch. 848, Sec. 1 (part).) |
|
Sec. 1111.003. POLITICAL SUBDIVISION. The district is a |
|
political subdivision of this state. (Acts 62nd Leg., R.S., Ch. |
|
848, Sec. 14 (part).) |
|
Sec. 1111.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Walker County, |
|
Texas. (Acts 62nd Leg., R.S., Ch. 848, Sec. 1 (part).) |
|
Sec. 1111.005. CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 62nd Leg., R.S., Ch. 848, Sec. 16 (part).) |
|
Sec. 1111.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district's hospital |
|
system may not become a charge against or obligation of this state. |
|
(Acts 62nd Leg., R.S., Ch. 848, Sec. 6 (part).) |
|
[Sections 1111.007-1111.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1111.051. BOARD ELECTION; TERM. (a) The board |
|
consists of five elected managers. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code, managers serve staggered two-year |
|
terms with the terms of two or three managers expiring each year as |
|
appropriate. (Acts 62nd Leg., R.S., Ch. 848, Sec. 4(b) (part).) |
|
Sec. 1111.052. NOTICE OF ELECTION. At least 10 days before |
|
the date of a managers' election, notice of the election must be |
|
published one time in a newspaper of general circulation in Walker |
|
County. (Acts 62nd Leg., R.S., Ch. 848, Sec. 4(b) (part).) |
|
Sec. 1111.053. REQUEST TO APPEAR ON BALLOT. A person who |
|
wants to have the person's name printed on the ballot as a candidate |
|
for manager must file a written request with the board secretary. |
|
The request must be: |
|
(1) signed by at least 20 district voters; and |
|
(2) filed by the deadline imposed by Section 144.005, |
|
Election Code. (Acts 62nd Leg., R.S., Ch. 848, Sec. 4(b) (part).) |
|
Sec. 1111.054. QUALIFICATIONS FOR OFFICE. A person may not |
|
serve as a manager unless the person is: |
|
(1) a resident of the district; and |
|
(2) at least 18 years of age. (Acts 62nd Leg., R.S., |
|
Ch. 848, Sec. 4(b) (part).) |
|
Sec. 1111.055. BOND; RECORD OF BOND AND OATH. (a) Each |
|
manager shall execute a good and sufficient bond for $5,000 that is: |
|
(1) approved by the board; |
|
(2) payable to the district; and |
|
(3) conditioned on the faithful performance of the |
|
manager's duties. |
|
(b) Each manager's bond and constitutional oath of office |
|
must be kept in the district's permanent records. (Acts 62nd Leg., |
|
R.S., Ch. 848, Sec. 4(b) (part).) |
|
Sec. 1111.056. OFFICERS. (a) The board shall select from |
|
among the managers a presiding officer. |
|
(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 62nd Leg., R.S., Ch. 848, Sec. 4(e) |
|
(part).) |
|
Sec. 1111.057. OFFICE; MEETINGS. (a) The board: |
|
(1) shall establish an office and meeting place in the |
|
district; |
|
(2) shall establish regular meetings to conduct |
|
district business; and |
|
(3) may hold special meetings at other times as |
|
district business requires. |
|
(b) Except as provided by this section, Chapter 551, |
|
Government Code, applies to board meetings. |
|
(c) If there is an emergency or urgent public necessity, |
|
posting of notice of a board meeting is not required. |
|
(d) Failure to post notice does not affect the validity of |
|
an action taken at a regular board meeting. Failure to post notice |
|
may affect the validity of an action taken at a special meeting |
|
unless the board declares, by an action taken at the special |
|
meeting, that an emergency exists. |
|
(e) Any interested person may attend a board meeting. (Acts |
|
62nd Leg., R.S., Ch. 848, Sec. 4(e) (part).) |
|
Sec. 1111.058. RECORDS OF PROCEEDINGS. (a) The board shall |
|
require the board 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 board secretary shall attest the record. |
|
(Acts 62nd Leg., R.S., Ch. 848, Sec. 4(e) (part).) |
|
Sec. 1111.059. DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and receives the compensation determined by the board. |
|
(c) 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 any other condition the board requires. |
|
(Acts 62nd Leg., R.S., Ch. 848, Sec. 4(c) (part).) |
|
Sec. 1111.060. 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 62nd |
|
Leg., R.S., Ch. 848, Sec. 4(c) (part).) |
|
Sec. 1111.061. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The |
|
board may: |
|
(1) appoint to the staff any doctors and employ any |
|
technicians, nurses, and other employees considered necessary for |
|
the efficient operation of the district; and |
|
(2) provide that the district administrator has the |
|
authority to employ district employees, including technicians and |
|
nurses. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys the board considers proper. (Acts 62nd |
|
Leg., R.S., Ch. 848, Secs. 4(c) (part), 8.) |
|
Sec. 1111.062. RETIREMENT PROGRAM. The board may contract |
|
with this state or the federal government as necessary to establish |
|
or continue a retirement program for the benefit of district |
|
employees. (Acts 62nd Leg., R.S., Ch. 848, Sec. 4(c) (part).) |
|
Sec. 1111.063. SEAL. The board shall have a seal engraved |
|
with the district's name to authenticate the board's acts. The |
|
board secretary shall keep the seal. (Acts 62nd Leg., R.S., Ch. |
|
848, Sec. 4(e) (part).) |
|
[Sections 1111.064-1111.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1111.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing hospital care for the district's |
|
needy inhabitants. (Acts 62nd Leg., R.S., Ch. 848, Sec. 2 (part).) |
|
Sec. 1111.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision in Walker County, other |
|
than the district, may not impose a tax or issue bonds or other |
|
obligations for hospital purposes or to provide medical care in the |
|
district. (Acts 62nd Leg., R.S., Ch. 848, Sec. 2 (part).) |
|
Sec. 1111.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the district's |
|
hospitals and hospital system. (Acts 62nd Leg., R.S., Ch. 848, Sec. |
|
4(c) (part).) |
|
Sec. 1111.104. HOSPITAL SYSTEM. (a) The district shall |
|
provide for: |
|
(1) the establishment of a hospital or hospital system |
|
in the district to furnish hospital care to district residents by: |
|
(A) purchasing, constructing, acquiring, |
|
repairing, or renovating buildings and improvements; and |
|
(B) equipping the buildings and improvements; |
|
and |
|
(2) the administration of the hospital system for |
|
hospital purposes. |
|
(b) The board shall determine the type, number, and location |
|
of buildings required to maintain an adequate hospital system. |
|
(c) The hospital system may include: |
|
(1) domiciliary hospital care of the sick or injured; |
|
(2) outpatient clinics; |
|
(3) dispensaries; |
|
(4) geriatric domiciliary care; |
|
(5) convalescent home facilities; |
|
(6) necessary nurses; |
|
(7) domiciliaries and training centers; |
|
(8) blood banks; |
|
(9) community health centers; |
|
(10) research centers or laboratories; and |
|
(11) any other facilities the board considers |
|
necessary for hospital care. (Acts 62nd Leg., R.S., Ch. 848, Secs. |
|
2 (part), 4(d) (part).) |
|
Sec. 1111.105. RULES. The district through the board may |
|
adopt rules for the operation of the district. (Acts 62nd Leg., |
|
R.S., Ch. 848, Sec. 4(c) (part).) |
|
Sec. 1111.106. 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 to exercise a right, power, privilege, or function |
|
conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. (Acts 62nd Leg., R.S., Ch. 848, |
|
Sec. 10.) |
|
Sec. 1111.107. 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 any |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 62nd Leg., R.S., Ch. 848, |
|
Sec. 15.) |
|
Sec. 1111.108. LEASES. (a) The district through the board |
|
may lease all or part of the buildings and facilities comprising the |
|
hospital system to any person on terms considered to be in the |
|
district's best interest. The term of a lease may not exceed 40 |
|
years. |
|
(b) When leasing a building or other facility, the board may |
|
delegate as it considers appropriate the board's power to manage, |
|
control, and administer the leased buildings and facilities to |
|
furnish hospital care. |
|
(c) If all or part of a district building or other facility |
|
is leased, the board shall provide that the lessee charges |
|
sufficient rates for services rendered or goods provided at the |
|
leased premise that together with other sources of the lessee's |
|
revenue produce an amount sufficient to enable the lessee to pay the |
|
expenses of operating and maintaining the leased premise as the |
|
lessee is required to pay under the lease. The rates also must |
|
enable the lessee to pay lease rentals to the district that will be |
|
sufficient, when taken with any other source of the district's |
|
estimated revenue that are pledged for the same purpose, to: |
|
(1) pay the interest on any revenue or special |
|
obligation bonds that are payable wholly or partly from the lease |
|
rentals; |
|
(2) create and maintain a sinking fund to pay the |
|
principal of and any premium on the bonds as they become due; |
|
(3) create and maintain a bond reserve fund and any |
|
other fund required by the bond resolution or trust indenture |
|
authorizing the issuance of the bonds; and |
|
(4) pay all other charges, fees, costs, and expenses |
|
that the lessee is required to pay under the resolution or |
|
indenture. |
|
(d) The lease, management agreement, bond resolution, or |
|
trust indenture may prescribe systems, methods, routines, |
|
procedures, and policies for the operation of the buildings and |
|
other facilities owned by the district. If all or part of the |
|
district's buildings or other facilities are leased, the district |
|
may delegate to the lessee the duty to establish the systems, |
|
methods, routines, procedures, and policies for the operation of |
|
the leased premise. (Acts 62nd Leg., R.S., Ch. 848, Sec. 4(d) |
|
(part).) |
|
Sec. 1111.109. OPERATING AND MANAGEMENT CONTRACTS. The |
|
district through the board may: |
|
(1) enter into an operating or management contract |
|
with any person regarding any district hospital or any part of the |
|
district hospital system; and |
|
(2) delegate to the person the power to: |
|
(A) manage and operate the hospital or hospital |
|
system or a portion of the hospital or hospital system; and |
|
(B) employ and discharge employees or appoint and |
|
remove doctors from the staff. (Acts 62nd Leg., R.S., Ch. 848, Sec. |
|
4(d) (part).) |
|
Sec. 1111.110. CONTRACTS FOR CARE. The board may contract |
|
with any lessee of the district's hospitals or any other person to |
|
provide hospital care to needy district inhabitants for the |
|
payments and terms and under the conditions the board considers to |
|
be in the district's best interests. (Acts 62nd Leg., R.S., Ch. |
|
848, Sec. 4(c) (part).) |
|
Sec. 1111.111. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
HOSPITALIZATION. (a) The board may contract with a county or |
|
municipality located outside the district's boundaries for the |
|
hospitalization of a sick or injured person of that county or |
|
municipality. |
|
(b) The board may contract with this state or a federal |
|
agency for the hospitalization of a sick or injured person. (Acts |
|
62nd Leg., R.S., Ch. 848, Sec. 4(c) (part).) |
|
Sec. 1111.112. DISPOSITION OF PROPERTY. The district may |
|
sell or otherwise dispose of any property, including equipment, on |
|
terms the board finds are in the district's best interest. (Acts |
|
62nd Leg., R.S., Ch. 848, Sec. 4(d) (part).) |
|
Sec. 1111.113. AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district, through the board, may sue and |
|
be sued in the district's own name in any court of this state. (Acts |
|
62nd Leg., R.S., Ch. 848, Secs. 4(c) (part), 14 (part).) |
|
[Sections 1111.114-1111.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1111.151. DEPOSITORY. (a) The board by resolution |
|
shall designate a bank in Walker 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 62nd Leg., R.S., Ch. 848, |
|
Sec. 9.) |
|
[Sections 1111.152-1111.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1111.201. 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 the purchase, |
|
construction, acquisition, repair, or renovation of buildings or |
|
improvements and equipping buildings or improvements for hospital |
|
purposes. (Acts 62nd Leg., R.S., Ch. 848, Sec. 11(a) (part).) |
|
Sec. 1111.202. TAX TO PAY GENERAL OBLIGATION 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 |
|
general obligation bonds issued under Section 1111.201 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 all taxable property in the |
|
district. (Acts 62nd Leg., R.S., Ch. 848, Sec. 11(a) (part).) |
|
Sec. 1111.203. 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 in an |
|
election held for that purpose. |
|
(b) The board may order a bond election on its own motion. |
|
(c) The order calling the election must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding election officers; |
|
(4) each proposition to be voted on; and |
|
(5) any other matter considered necessary or desirable |
|
by the board. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the order calling the election in a newspaper of |
|
general circulation in the district once each week for two |
|
consecutive weeks. The first publication must occur at least 14 |
|
days before the date of the election. (Acts 62nd Leg., R.S., Ch. |
|
848, Secs. 5 (part), 11(a) (part).) |
|
Sec. 1111.204. MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 62nd Leg., R.S., Ch. 848, |
|
Sec. 11(a) (part).) |
|
Sec. 1111.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
|
The board's presiding officer shall execute the general obligation |
|
bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds. (Acts |
|
62nd Leg., R.S., Ch. 848, Sec. 11(a) (part).) |
|
Sec. 1111.206. INVESTMENT OF GENERAL OBLIGATION BOND |
|
PROCEEDS. Until general obligation bond proceeds 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 62nd Leg., R.S., Ch. |
|
848, Sec. 11(a) (part).) |
|
Sec. 1111.207. REVENUE AND SPECIAL OBLIGATION BONDS. (a) |
|
The district may, without an election, issue revenue or special |
|
obligation bonds as authorized by the laws of this state relating to |
|
the issuance of revenue or special obligation bonds, including |
|
Sections 264.042-264.049 and 284.031, Health and Safety Code. |
|
(b) Bonds issued under this section may be payable from and |
|
secured by revenue, encumbrances, and mortgages as authorized by |
|
law. Any maintenance and operating expense of the hospital system |
|
that is charged against the revenue of the system may include only |
|
items set forth and defined in the proceedings authorizing the bond |
|
issuance. (Acts 62nd Leg., R.S., Ch. 848, Sec. 11(b).) |
|
[Sections 1111.208-1111.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1111.251. IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all taxable property in the district subject |
|
to district taxation. |
|
(b) The tax shall be imposed for and may be pledged to: |
|
(1) meet the requirements of district bonds and |
|
indebtedness assumed by the district; |
|
(2) provide for the district's maintenance and |
|
operating expenses, including the costs or contract payments for |
|
hospital care for needy district inhabitants; |
|
(3) make improvements and additions to the district's |
|
hospitals or hospital system; and |
|
(4) acquire necessary sites for the hospitals or |
|
hospital system by gift, purchase, lease, or condemnation. (Acts |
|
62nd Leg., R.S., Ch. 848, Secs. 6 (part), 7 (part).) |
|
Sec. 1111.252. 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 62nd Leg., R.S., Ch. 848, Sec. 6 |
|
(part).) |
|
Sec. 1111.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR. Unless the board elects to have taxes assessed |
|
and collected by its own tax assessor-collector under Section |
|
1111.254, the tax assessor-collector of Walker County shall assess |
|
and collect taxes imposed by and for the district. (Acts 62nd Leg., |
|
R.S., Ch. 848, Secs. 7 (part), 7(a) (part).) |
|
Sec. 1111.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
ASSESSOR-COLLECTOR. (a) The board by majority vote 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 the board. |
|
(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 prescribe the district tax |
|
assessor-collector's term of employment and compensation. (Acts |
|
62nd Leg., R.S., Ch. 848, Secs. 7 (part), 7(b) (part).) |
|
SECTION 1.02. Subtitle E, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapters 7806 and 7807 to read as follows: |
|
|
|
CHAPTER 7806. NORTHWEST DALLAS COUNTY FLOOD CONTROL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7806.001. DEFINITIONS |
|
Sec. 7806.002. NATURE OF DISTRICT; POLITICAL |
|
SUBDIVISION |
|
Sec. 7806.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 7806.004. DISTRICT TERRITORY |
|
[Sections 7806.005-7806.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 7806.051. COMPOSITION OF BOARD |
|
Sec. 7806.052. ELIGIBILITY |
|
Sec. 7806.053. BOARD VACANCY |
|
Sec. 7806.054. OFFICERS |
|
Sec. 7806.055. COMPENSATION |
|
Sec. 7806.056. MEETINGS |
|
[Sections 7806.057-7806.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7806.101. LEVEE IMPROVEMENT DISTRICT POWERS |
|
Sec. 7806.102. RECLAMATION AND DRAINAGE |
|
Sec. 7806.103. ANNEXATION OR EXCLUSION OF LAND |
|
Sec. 7806.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 7806.105. DISTRICT ELECTIONS |
|
[Sections 7806.106-7806.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7806.151. TAX METHOD |
|
Sec. 7806.152. TAX ASSESSMENT AND COLLECTION |
|
Sec. 7806.153. DEPOSITORY |
|
Sec. 7806.154. INVESTMENT OF DISTRICT MONEY |
|
Sec. 7806.155. EXPENDITURES |
|
[Sections 7806.156-7806.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 7806.201. AUTHORITY TO ISSUE BONDS |
|
Sec. 7806.202. ELECTION REQUIRED |
|
CHAPTER 7806. NORTHWEST DALLAS COUNTY FLOOD CONTROL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7806.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Northwest Dallas County Flood |
|
Control District. (Acts 69th Leg., R.S., Ch. 472, Sec. 2; New.) |
|
Sec. 7806.002. NATURE OF DISTRICT; POLITICAL SUBDIVISION. |
|
The district is: |
|
(1) a conservation and reclamation district created |
|
under Section 59, Article XVI, Texas Constitution; and |
|
(2) a political subdivision of this state. (Acts 69th |
|
Leg., R.S., Ch. 472, Sec. 1 (part).) |
|
Sec. 7806.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district's |
|
boundaries will benefit from the works and projects of the |
|
district. |
|
(c) The creation of the district will accomplish the |
|
purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
69th Leg., R.S., Ch. 472, Sec. 4 (part).) |
|
Sec. 7806.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3, Chapter 472, Acts |
|
of the 69th Legislature, Regular Session, 1985, as that territory |
|
may have been modified under: |
|
(1) Section 7806.103 of this chapter or its |
|
predecessor statute, former Section 14, Chapter 472, Acts of the |
|
69th Legislature, Regular Session, 1985; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries of the district form a closure. A |
|
mistake in the description of the district's boundaries does not |
|
affect: |
|
(1) the district's organization, existence, or |
|
validity; or |
|
(2) the exercise of a power, function, or purpose |
|
under this chapter. (Acts 69th Leg., R.S., Ch. 472, Sec. 4 (part); |
|
New.) |
|
[Sections 7806.005-7806.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 7806.051. COMPOSITION OF BOARD. The district is |
|
governed by a board of three elected directors. (Acts 69th Leg., |
|
R.S., Ch. 472, Secs. 9(a), (g) (part).) |
|
Sec. 7806.052. ELIGIBILITY. To serve as a director, a |
|
person must: |
|
(1) own taxable property in the district; or |
|
(2) be a resident of the district. (Acts 69th Leg., |
|
R.S., Ch. 472, Sec. 9(b).) |
|
Sec. 7806.053. BOARD VACANCY. A vacancy on the board shall |
|
be filled by the remaining directors for the unexpired term. (Acts |
|
69th Leg., R.S., Ch. 472, Sec. 9(l).) |
|
Sec. 7806.054. OFFICERS. (a) The board shall elect a |
|
president, a vice president, and a secretary-treasurer at the first |
|
board meeting after each directors' election. |
|
(b) The secretary-treasurer: |
|
(1) is the custodian of district records; and |
|
(2) shall attest to all legal documents executed by |
|
the district. |
|
(c) The board may employ an assistant secretary to act in |
|
the absence of the secretary. (Acts 69th Leg., R.S., Ch. 472, Sec. |
|
9(n) (part).) |
|
Sec. 7806.055. COMPENSATION. Unless the board by |
|
resolution increases the fee to an amount authorized by Section |
|
49.060, Water Code, each director is entitled to receive $50 for |
|
each day the director is actually engaged in duties for the |
|
district, but not more than $200 in any month. (Acts 69th Leg., |
|
R.S., Ch. 472, Sec. 9(i) (part); New.) |
|
Sec. 7806.056. MEETINGS. (a) The board shall: |
|
(1) establish a regular meeting time and place; and |
|
(2) publish notice of the meeting time and place in a |
|
newspaper with general circulation in the district. |
|
(b) The board by order may change the meeting time and place |
|
if the board gives notice as provided by this section. (Acts 69th |
|
Leg., R.S., Ch. 472, Sec. 9(m).) |
|
[Sections 7806.057-7806.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7806.101. LEVEE IMPROVEMENT DISTRICT POWERS. The |
|
district may exercise all of the rights, powers, privileges, and |
|
functions conferred or imposed by the general law of this state |
|
applicable to a levee improvement district created under Section |
|
59, Article XVI, Texas Constitution, including those provided by |
|
Chapters 49 and 57, Water Code. (Acts 69th Leg., R.S., Ch. 472, |
|
Sec. 5(a) (part); New.) |
|
Sec. 7806.102. RECLAMATION AND DRAINAGE. (a) The district |
|
may purchase, acquire, construct, own, operate, maintain, repair, |
|
rebuild, add to, and make improvements to any works, materials, |
|
facilities, plants, equipment, and improvements necessary, |
|
helpful, or incident to the reclamation of land in the district and |
|
for the proper drainage of land in the district. |
|
(b) To accomplish the purposes of Subsection (a), the |
|
district may issue bonds and notes, enter into contracts, or incur |
|
obligations in the manner provided by this chapter. (Acts 69th |
|
Leg., R.S., Ch. 472, Sec. 6.) |
|
Sec. 7806.103. ANNEXATION OR EXCLUSION OF LAND. (a) The |
|
district may annex land to or may, before holding a bond election, |
|
exclude land from the district in accordance with Subchapter J, |
|
Chapter 49, or Subchapter H, Chapter 54, Water Code. |
|
(b) The district is not required to hold an exclusion |
|
hearing unless the board determines the hearing should be held. |
|
(Acts 69th Leg., R.S., Ch. 472, Sec. 14; New.) |
|
Sec. 7806.104. COST OF RELOCATING OR ALTERING PROPERTY. If |
|
the district's exercise of the powers granted under this chapter |
|
makes necessary the relocating, raising, rerouting, changing the |
|
grade of, or altering the construction of any highway, railroad, |
|
electric transmission or distribution line, pipeline, or telephone |
|
or telegraph properties or facilities, the district shall pay all |
|
of the actual cost of: |
|
(1) the relocating, raising, rerouting, changing in |
|
grade, or altering of construction; and |
|
(2) providing comparable replacement of facilities |
|
without enhancement, less the net salvage value of the facilities. |
|
(Acts 69th Leg., R.S., Ch. 472, Sec. 16.) |
|
Sec. 7806.105. DISTRICT ELECTIONS. (a) Notice of an |
|
election must be published once a week for two consecutive weeks in |
|
a newspaper with general circulation in the district, with the |
|
first publication occurring at least 14 days before the date of the |
|
election. |
|
(b) A bond or maintenance tax election may be held at the |
|
same time. (Acts 69th Leg., R.S., Ch. 472, Secs. 10(a), (b) |
|
(part).) |
|
[Sections 7806.106-7806.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7806.151. TAX METHOD. (a) The district shall use the |
|
ad valorem plan of taxation. |
|
(b) The board is not required to hold a hearing on the |
|
adoption of a plan of taxation. (Acts 69th Leg., R.S., Ch. 472, |
|
Sec. 8.) |
|
Sec. 7806.152. TAX ASSESSMENT AND COLLECTION. The district |
|
may: |
|
(1) employ a tax collector; or |
|
(2) contract with any qualified person to assess and |
|
collect taxes for the district. (Acts 69th Leg., R.S., Ch. 472, |
|
Secs. 9(o) (part), 13(b).) |
|
Sec. 7806.153. DEPOSITORY. The board may select one or more |
|
depositories. (Acts 69th Leg., R.S., Ch. 472, Sec. 9(o) (part).) |
|
Sec. 7806.154. INVESTMENT OF DISTRICT MONEY. District |
|
money may be invested by the board or the board's designee under |
|
Subchapter E, Chapter 49, Water Code. (Acts 69th Leg., R.S., Ch. |
|
472, Sec. 9(p).) |
|
Sec. 7806.155. EXPENDITURES. An expenditure of the |
|
district must be made by check signed by two directors. (Acts 69th |
|
Leg., R.S., Ch. 472, Sec. 9(q).) |
|
[Sections 7806.156-7806.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 7806.201. AUTHORITY TO ISSUE BONDS. (a) The board may |
|
issue bonds or notes of the district for any authorized purpose or |
|
combination of purposes under Chapter 54, Water Code. |
|
(b) Sections 49.181 and 49.182, Water Code, do not apply to |
|
the district. (Acts 69th Leg., R.S., Ch. 472, Sec. 11(a).) |
|
Sec. 7806.202. ELECTION REQUIRED. The district may not |
|
issue bonds, except refunding bonds, secured wholly or partly by |
|
the imposition of ad valorem taxes unless the issuance is |
|
authorized by a majority of the district voters voting at an |
|
election called for that purpose. (Acts 69th Leg., R.S., Ch. 472, Sec. 11(b).) |
|
|
|
CHAPTER 7807. VALWOOD IMPROVEMENT AUTHORITY OF DALLAS COUNTY, TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7807.001. DEFINITIONS |
|
Sec. 7807.002. NATURE OF DISTRICT |
|
Sec. 7807.003. DISSOLUTION AND ABOLITION OF DISTRICT |
|
Sec. 7807.004. LIBERAL CONSTRUCTION OF CHAPTER |
|
[Sections 7807.005-7807.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 7807.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 7807.052. QUALIFICATIONS FOR OFFICE |
|
Sec. 7807.053. DIRECTOR'S BOND |
|
Sec. 7807.054. BOARD VACANCY |
|
Sec. 7807.055. OFFICERS AND ASSISTANTS |
|
Sec. 7807.056. SECRETARY'S DUTIES |
|
Sec. 7807.057. COMPENSATION |
|
Sec. 7807.058. BOARD PROCEDURES |
|
Sec. 7807.059. MEETING PLACE |
|
[Sections 7807.060-7807.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7807.101. LEVEE IMPROVEMENT DISTRICT POWERS |
|
Sec. 7807.102. EXCLUSION OR ANNEXATION OF LAND |
|
Sec. 7807.103. EMINENT DOMAIN |
|
Sec. 7807.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 7807.105. CONTRACTS FOR FACILITIES AND |
|
IMPROVEMENTS; ELECTION NOT REQUIRED |
|
Sec. 7807.106. CONSTRUCTION CONTRACTS: MUNICIPAL |
|
APPROVAL REQUIRED |
|
Sec. 7807.107. CONSTRUCTION CONTRACTS: AWARD |
|
Sec. 7807.108. CONSTRUCTION CONTRACTS: EXECUTION AND |
|
AVAILABILITY |
|
Sec. 7807.109. CONSTRUCTION CONTRACTS: PAYMENT |
|
Sec. 7807.110. FLOOD HAZARD AREAS |
|
Sec. 7807.111. SETBACK LINES |
|
Sec. 7807.112. DISTRICT ELECTIONS |
|
[Sections 7807.113-7807.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7807.151. TAX METHOD |
|
Sec. 7807.152. TAX ASSESSOR AND COLLECTOR |
|
Sec. 7807.153. DEPOSITORY |
|
Sec. 7807.154. INVESTMENT OF DISTRICT MONEY |
|
[Sections 7807.155-7807.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 7807.201. AUTHORITY TO ISSUE BONDS |
|
Sec. 7807.202. FORM OF BONDS |
|
Sec. 7807.203. MATURITY |
|
Sec. 7807.204. ELECTION REQUIRED |
|
Sec. 7807.205. USE OF BOND PROCEEDS |
|
Sec. 7807.206. TAXES FOR BONDS |
|
Sec. 7807.207. BOND ANTICIPATION NOTES AND PRELIMINARY |
|
BONDS |
|
Sec. 7807.208. REFUNDING BONDS |
|
CHAPTER 7807. VALWOOD IMPROVEMENT AUTHORITY OF DALLAS COUNTY, TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7807.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Valwood Improvement |
|
Authority of Dallas County, Texas. (Acts 64th Leg., R.S., Ch. 201, |
|
Sec. 2; New.) |
|
Sec. 7807.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district established under Section |
|
59, Article XVI, Texas Constitution. (Acts 64th Leg., R.S., Ch. |
|
201, Sec. 1 (part).) |
|
Sec. 7807.003. DISSOLUTION AND ABOLITION OF DISTRICT. The |
|
Cities of Carrollton and Farmers Branch, and any other municipality |
|
in which the district is located, may dissolve and abolish the |
|
district at the municipalities' discretion on written notice of the |
|
dissolution and abolition to the board, in the same manner and on |
|
the same terms and obligations as prescribed by Section 43.076, |
|
Local Government Code. (Acts 64th Leg., R.S., Ch. 201, Sec. 11.) |
|
Sec. 7807.004. LIBERAL CONSTRUCTION OF CHAPTER. This |
|
chapter shall be liberally construed to effect the purposes, |
|
powers, rights, and functions stated in this chapter. (Acts 71st |
|
Leg., R.S., Ch. 588, Sec. 4 (part).) |
|
[Sections 7807.005-7807.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 7807.051. COMPOSITION OF BOARD; TERMS. (a) The board |
|
consists of seven directors. |
|
(b) Directors serve staggered two-year terms and are |
|
appointed as follows: |
|
(1) the Commissioners Court of Dallas County shall |
|
appoint one director to a term expiring each even-numbered year; |
|
(2) the city council of the City of Carrollton shall |
|
appoint one director to a term expiring each even-numbered year and |
|
two directors to terms expiring each odd-numbered year; and |
|
(3) the city council of the City of Farmers Branch |
|
shall appoint one director to a term expiring each even-numbered |
|
year and two directors to terms expiring each odd-numbered year. |
|
(Acts 64th Leg., R.S., Ch. 201, Sec. 3 (part).) |
|
Sec. 7807.052. QUALIFICATIONS FOR OFFICE. (a) A director |
|
must own land in the district subject to taxation at the time the |
|
person qualifies for office. |
|
(b) Each director must be fully qualified to serve as |
|
director before taking office. (Acts 64th Leg., R.S., Ch. 201, Sec. |
|
3 (part).) |
|
Sec. 7807.053. DIRECTOR'S BOND. (a) Each director shall |
|
qualify by giving bond in the amount of $5,000 for the faithful |
|
performance of the director's duties. |
|
(b) The bond must be: |
|
(1) approved by the board; and |
|
(2) recorded in the official bond records of the |
|
county clerk of Dallas County. |
|
(c) Each director shall file the bond as soon as practicable |
|
after the director's appointment. (Acts 64th Leg., R.S., Ch. 201, |
|
Sec. 3 (part).) |
|
Sec. 7807.054. BOARD VACANCY. (a) Except as provided by |
|
Subsection (b) or (c), a vacancy on the board shall be filled by |
|
appointment to the unexpired term by the governing body that |
|
appointed the director in whose position a vacancy exists. |
|
(b) If under Subsection (a) the governing body does not fill |
|
a vacancy within 60 days after the date the position became vacant, |
|
the unexpired term of the position shall be filled by appointment by |
|
the remaining directors. The Commissioners Court of Dallas County, |
|
after consulting with the Cities of Carrollton and Farmers Branch, |
|
shall appoint directors to fill all vacancies on the board when the |
|
number of directors is fewer than four. |
|
(c) If any director ceases to possess the qualifications |
|
prescribed by Section 7807.052, the remaining directors shall |
|
declare the person's office vacant and appoint a successor. (Acts |
|
64th Leg., R.S., Ch. 201, Sec. 3 (part).) |
|
Sec. 7807.055. OFFICERS AND ASSISTANTS. (a) The board |
|
shall annually elect a president, one or more vice presidents, a |
|
secretary, and a treasurer. |
|
(b) The board may appoint one or more assistant secretaries |
|
and an assistant treasurer. An assistant secretary or assistant |
|
treasurer is not required to be a director. (Acts 64th Leg., R.S., |
|
Ch. 201, Secs. 3 (part), 4 (part).) |
|
Sec. 7807.056. SECRETARY'S DUTIES. The board secretary or |
|
an assistant secretary shall keep the minutes of the board meetings |
|
and all official records of the board and may certify to any action |
|
the board takes. (Acts 64th Leg., R.S., Ch. 201, Sec. 3 (part).) |
|
Sec. 7807.057. COMPENSATION. Unless the board by |
|
resolution increases the fee to an amount authorized by Section |
|
49.060, Water Code, each director shall receive a per diem payment |
|
of $50, not to exceed a maximum payment of $200 per month. (Acts |
|
64th Leg., R.S., Ch. 201, Sec. 3 (part); New.) |
|
Sec. 7807.058. BOARD PROCEDURES. The board shall designate |
|
the proper execution of all contracts, signing of checks, or |
|
handling of any other matters entered into by the board as shown in |
|
the district's official minutes. (Acts 64th Leg., R.S., Ch. 201, |
|
Sec. 3 (part).) |
|
Sec. 7807.059. MEETING PLACE. (a) The board shall |
|
designate a meeting place or places. |
|
(b) Any meeting place of the district is a public place for |
|
matters pertaining to the district's business. |
|
(c) The board shall give notice of the meeting place and of |
|
any changes in the meeting place by publishing the location in a |
|
newspaper of general circulation in Dallas County. (Acts 64th |
|
Leg., R.S., Ch. 201, Sec. 4 (part).) |
|
[Sections 7807.060-7807.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7807.101. LEVEE IMPROVEMENT DISTRICT POWERS. (a) The |
|
district has all of the rights, powers, privileges, and functions |
|
provided by the general law of this state applicable to a levee |
|
improvement district created under the authority of Section 59, |
|
Article XVI, Texas Constitution, including those conferred by |
|
Chapters 49 and 57, Water Code. |
|
(b) In the accomplishment of the district's purposes, the |
|
district may issue bonds, enter into contracts, or incur debt in the |
|
manner prescribed by this chapter. (Acts 64th Leg., R.S., Ch. 201, |
|
Sec. 1 (part); New.) |
|
Sec. 7807.102. EXCLUSION OR ANNEXATION OF LAND. (a) The |
|
board may exclude land from the district or add land to the district |
|
in accordance with Subchapter J, Chapter 49, or Subchapter H, |
|
Chapter 54, Water Code. |
|
(b) Land may not be added to the district until the board has |
|
obtained the written consent of the Cities of Carrollton and |
|
Farmers Branch to approve any petition for annexation. (Acts 64th |
|
Leg., R.S., Ch. 201, Sec. 6.) |
|
Sec. 7807.103. EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain provided by Chapter 49, Water |
|
Code. |
|
(b) The district may not exercise the power of eminent |
|
domain without first obtaining the approval of any municipality in |
|
which the subject property is located. (Acts 64th Leg., R.S., Ch. |
|
201, Sec. 10 (part).) |
|
Sec. 7807.104. COST OF RELOCATING OR ALTERING PROPERTY. |
|
(a) In this section, "sole expense" means the actual cost of |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of a facility described by Subsection (b) |
|
in providing comparable replacement without enhancement of the |
|
facility, after deducting from that cost the net salvage value of |
|
the old facility. |
|
(b) If the district's exercise of its power of eminent |
|
domain, police power, or any other power conferred by this chapter |
|
makes necessary the relocation, raising, lowering, rerouting, |
|
changing the grade, or alteration of the construction of a |
|
railroad, an electric transmission, telegraph, or telephone line, |
|
property, or facility, or a pipeline, the necessary action shall be |
|
accomplished at the sole expense of the district. (Acts 64th Leg., |
|
R.S., Ch. 201, Sec. 10 (part).) |
|
Sec. 7807.105. CONTRACTS FOR FACILITIES AND IMPROVEMENTS; |
|
ELECTION NOT REQUIRED. (a) The district may enter into a contract |
|
with the United States, the City of Carrollton, the City of Farmers |
|
Branch, another public body, or an individual, corporation, or |
|
other entity for the operation and maintenance of or construction |
|
of any facility or improvement authorized by this chapter. |
|
(b) The district is not required to hold an election to |
|
approve a contract described by Subsection (a). (Acts 64th Leg., |
|
R.S., Ch. 201, Sec. 9(a) (part).) |
|
Sec. 7807.106. CONSTRUCTION CONTRACTS: MUNICIPAL APPROVAL |
|
REQUIRED. Plans and specifications for a construction contract |
|
must be approved, before the contract is awarded, by any |
|
municipality in which the improvements or facilities are to be |
|
constructed. (Acts 64th Leg., R.S., Ch. 201, Sec. 9(a) (part).) |
|
Sec. 7807.107. CONSTRUCTION CONTRACTS: AWARD. (a) The |
|
board shall award all construction contracts. |
|
(b) The board may award contracts to construct improvements |
|
included in the approved plan of reclamation for the district at the |
|
times and in the amounts that the board considers in the best |
|
interest of the district. (Acts 64th Leg., R.S., Ch. 201, Sec. 9(b) |
|
(part).) |
|
Sec. 7807.108. CONSTRUCTION CONTRACTS: EXECUTION AND |
|
AVAILABILITY. (a) A contract under Section 7807.107 must be in |
|
writing and be signed by: |
|
(1) the contractor; and |
|
(2) the president and secretary of the board. |
|
(b) A copy of each construction contract shall be kept in |
|
the district's records and be subject to public inspection. (Acts |
|
64th Leg., R.S., Ch. 201, Sec. 9(b) (part).) |
|
Sec. 7807.109. CONSTRUCTION CONTRACTS: PAYMENT. (a) A |
|
contract under Section 7807.107 may be paid for in partial payments |
|
as the work progresses, based on estimates approved by the |
|
district's engineer. |
|
(b) The payments may not exceed 90 percent of the amount due |
|
at the time of such payments as shown by approved estimates, except |
|
that on certification by the district's engineer that the project |
|
is substantially complete, the board may authorize payment of not |
|
to exceed 95 percent of the amount due at the time of such |
|
certification before the acceptance of the job and the certificate |
|
of completion of the job. (Acts 64th Leg., R.S., Ch. 201, Sec. 9(b) |
|
(part).) |
|
Sec. 7807.110. FLOOD HAZARD AREAS. (a) The board shall |
|
designate flood hazard areas in the district if the board finds that |
|
the public health and safety and the purposes of Section 59, Article |
|
XVI, Texas Constitution, will be promoted by the designation. |
|
(b) The area to be included in a flood hazard area shall be |
|
described by field notes, map, or both. |
|
(c) Before designating a flood hazard area, the board shall |
|
hold a public hearing. The board must publish notice of the hearing |
|
in a newspaper having general circulation in Dallas County at least |
|
15 days before the hearing. Any interested person is entitled to an |
|
opportunity to be heard. |
|
(d) The board may, following notice and a hearing as |
|
required by Subsection (c), amend the designated flood hazard areas |
|
as necessary. (Acts 64th Leg., R.S., Ch. 201, Sec. 13.) |
|
Sec. 7807.111. SETBACK LINES. (a) The board shall |
|
establish building setback lines along any waterway in the |
|
boundaries of the district if the board finds the setback lines are |
|
needed to protect the public health and safety and to accomplish the |
|
purposes of Section 59, Article XVI, Texas Constitution. |
|
(b) After the establishment of building setback lines, no |
|
structure may be erected within the setback lines. In any |
|
subsequent eminent domain proceeding instituted by the district to |
|
acquire the area within the setback lines, it shall constitute |
|
prima facie showing that the person erecting the structure did so at |
|
the person's own risk with knowledge of: |
|
(1) the fact that erecting the structure interfered |
|
with the district's setback provisions; and |
|
(2) the district's right to remove the structure |
|
erected after the establishment of the setback lines without |
|
payment of the value of the structure. |
|
(c) The area included within the building setback lines |
|
shall be described by field notes, map or plat, or both. A |
|
certified copy of the description shall be filed for record |
|
immediately with the county clerk of Dallas County. |
|
(d) Before establishing building setback lines, the board |
|
shall hold a public hearing. The board must: |
|
(1) publish notice of the hearing in a newspaper |
|
having general circulation in Dallas County at least 15 days before |
|
the hearing; and |
|
(2) mail notice of the hearing to the latest available |
|
address for each landowner affected by the proposed setback lines. |
|
(e) After establishing building setback lines, the board |
|
may, following notice and a hearing as required by Subsection (d), |
|
amend or grant exceptions to the setback lines. (Acts 64th Leg., |
|
R.S., Ch. 201, Sec. 12.) |
|
Sec. 7807.112. DISTRICT ELECTIONS. (a) The board shall |
|
order each election the district is required to hold. |
|
(b) Notice of a district election must be published once a |
|
week for two consecutive weeks in a newspaper with general |
|
circulation in Dallas County, with the first publication occurring |
|
at least 14 days before the date of the election. |
|
(c) A district election may be held separately or at the |
|
same time as an election for another purpose, including a |
|
maintenance tax election that may be held on the same day as a bond |
|
election. An election held at the same time as an election for |
|
another purpose may be ordered by the board in a single election |
|
order, and the results may be canvassed in a single order. (Acts |
|
64th Leg., R.S., Ch. 201, Sec. 5 (part).) |
|
[Sections 7807.113-7807.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7807.151. TAX METHOD. (a) The district shall use the |
|
ad valorem plan of taxation. |
|
(b) Subchapter G, Chapter 54, Water Code, applies to all |
|
matters relating to the imposition of district taxes. (Acts 64th |
|
Leg., R.S., Ch. 201, Sec. 8 (part).) |
|
Sec. 7807.152. TAX ASSESSOR AND COLLECTOR. (a) The board |
|
shall appoint a tax assessor and collector and may appoint deputies |
|
that the board considers necessary. |
|
(b) The tax assessor and collector and each deputy shall |
|
qualify by executing a bond for $10,000 conditioned on the faithful |
|
performance of the person's duties. The bond must be payable to the |
|
district and approved by the board. |
|
(c) The board shall set the compensation of the tax assessor |
|
and collector and any deputies. (Acts 64th Leg., R.S., Ch. 201, |
|
Sec. 4 (part).) |
|
Sec. 7807.153. DEPOSITORY. (a) The district's treasurer |
|
shall see that all district money is deposited in the depository |
|
bank or banks designated by the board as the official depository of |
|
the district. |
|
(b) To the extent that money in the depository bank is not |
|
insured by the Federal Deposit Insurance Corporation, the money |
|
must be secured in the manner provided by law for the security of |
|
county funds. (Acts 64th Leg., R.S., Ch. 201, Sec. 4 (part).) |
|
Sec. 7807.154. INVESTMENT OF DISTRICT MONEY. District |
|
money may be invested by the board, the treasurer, or another |
|
qualified representative of the district in direct or indirect |
|
obligations of the United States, the state, or any political |
|
subdivision of the state, or may be placed in certificates of |
|
deposit of state or national banks or savings and loan associations |
|
in this state, if that money is secured in the manner provided for |
|
the security of county funds. (Acts 64th Leg., R.S., Ch. 201, Sec. |
|
4 (part).) |
|
[Sections 7807.155-7807.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 7807.201. AUTHORITY TO ISSUE BONDS. The board may |
|
issue district tax bonds to acquire money to carry out any power or |
|
accomplish any purpose conferred by this chapter. The bonds may be |
|
authorized by a board order. (Acts 64th Leg., R.S., Ch. 201, Secs. |
|
7(a) (part), (b) (part).) |
|
Sec. 7807.202. FORM OF BONDS. District bonds shall be |
|
signed and executed as provided by the board in the order |
|
authorizing the issuance of the bonds. (Acts 64th Leg., R.S., Ch. |
|
201, Sec. 7(a) (part).) |
|
Sec. 7807.203. MATURITY. District bonds must mature not |
|
later than 40 years after their date of issuance. (Acts 64th Leg., |
|
R.S., Ch. 201, Sec. 7(a) (part).) |
|
Sec. 7807.204. ELECTION REQUIRED. (a) Bonds, other than |
|
refunding bonds, may not be issued unless authorized by a majority |
|
of the votes cast in an election held to determine whether the bonds |
|
should be issued and whether a tax should be imposed to pay the |
|
principal of and interest on the bonds. |
|
(b) The board may order and provide notice of an election |
|
under this section. |
|
(c) In addition to other requirements, the ballot shall be |
|
printed to provide for voting for or against the proposition: "The |
|
issuance of bonds and the imposition of a tax in payment thereof." |
|
(Acts 64th Leg., R.S., Ch. 201, Sec. 7(b) (part).) |
|
Sec. 7807.205. USE OF BOND PROCEEDS. (a) The board may set |
|
aside part of the bond proceeds to: |
|
(1) pay interest on the bonds and administrative and |
|
operational expenses expected to accrue during the period of |
|
construction of the improvements or facilities; and |
|
(2) create reserves for the payment of the principal |
|
of and interest on the bonds. |
|
(b) For purposes of Subsection (a), the period of |
|
construction may not exceed two years. (Acts 64th Leg., R.S., Ch. |
|
201, Sec. 7(c) (part).) |
|
Sec. 7807.206. TAXES FOR BONDS. The board of directors may |
|
impose continuing direct annual ad valorem taxes on all taxable |
|
property in the district sufficient to: |
|
(1) provide for the payment of interest on bonds |
|
issued under this subchapter as the interest accrues; and |
|
(2) create and provide a sinking fund for the payment |
|
of principal of the bonds as the principal matures. (Acts 64th |
|
Leg., R.S., Ch. 201, Sec. 7(a) (part).) |
|
Sec. 7807.207. BOND ANTICIPATION NOTES AND PRELIMINARY |
|
BONDS. (a) The district may issue either bond anticipation notes |
|
or preliminary bonds, which need not be designated as such, to |
|
provide a fund to pay: |
|
(1) the cost of making surveys and investigations, |
|
attorneys' fees, and engineers' work; |
|
(2) the cost of issuing bonds; and |
|
(3) all other costs and expenses incident to the |
|
organization of the district and the district's operation in |
|
investigating and determining plans for the district's plant and |
|
improvements. |
|
(b) Preliminary bonds shall be voted and authorized in the |
|
manner and under the same provisions applicable to the district's |
|
construction bonds and shall be of equal dignity with those |
|
construction bonds. |
|
(c) The district may issue bond anticipation notes as |
|
provided by Section 49.154(c), Water Code. These notes shall be |
|
sold on the best terms and for the best price possible. (Acts 64th |
|
Leg., R.S., Ch. 201, Secs. 7(d) (part), (e) (part).) |
|
Sec. 7807.208. REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund or refinance all or part of the district's |
|
outstanding bonds and matured but unpaid interest coupons. |
|
(b) District refunding bonds must mature not later than 40 |
|
years after their date of issuance. (Acts 64th Leg., R.S., Ch. 201, |
|
Sec. 7(g) (part).) |
|
SECTION 1.03. Subtitle H, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapters 8833, 8835, 8838, 8839, |
|
8841, 8843, 8845, 8851, 8854, and 8857 to read as follows: |
|
CHAPTER 8833. GUADALUPE COUNTY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8833.001. DEFINITIONS |
|
Sec. 8833.002. NATURE OF DISTRICT |
|
Sec. 8833.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8833.004. DISTRICT TERRITORY |
|
[Sections 8833.005-8833.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8833.051. COMPOSITION OF BOARD; SINGLE-MEMBER |
|
DISTRICTS; TERMS |
|
Sec. 8833.052. ELECTION DATE |
|
Sec. 8833.053. QUALIFICATIONS FOR ELECTION |
|
[Sections 8833.054-8833.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8833.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8833.102. LIMITATIONS ON DISTRICT POWERS |
|
CHAPTER 8833. GUADALUPE COUNTY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8833.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Guadalupe County Groundwater |
|
Conservation District. (Acts 75th Leg., R.S., Ch. 1066, Sec. 2; |
|
New.) |
|
Sec. 8833.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district in Guadalupe County created |
|
under and essential to accomplish the purposes of Section 59, |
|
Article XVI, Texas Constitution. (Acts 75th Leg., R.S., Ch. 1066, |
|
Secs. 1(a) (part), (b).) |
|
Sec. 8833.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The |
|
district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 75th Leg., R.S., Ch. 1066, Sec. 4.) |
|
Sec. 8833.004. DISTRICT TERRITORY. The district is |
|
composed of the territory described by Section 3, Chapter 1066, |
|
Acts of the 75th Legislature, Regular Session, 1997, as that |
|
territory may have been modified under: |
|
(1) Subchapter J, Chapter 36, Water Code; or |
|
(2) other law. (New.) |
|
[Sections 8833.005-8833.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8833.051. COMPOSITION OF BOARD; SINGLE-MEMBER |
|
DISTRICTS; TERMS. (a) The district is governed by a board of seven |
|
directors elected from single-member districts determined by the |
|
Guadalupe County Commissioners Court. |
|
(b) Section 36.059(b), Water Code, does not apply to the |
|
district. |
|
(c) Directors serve staggered four-year terms. (Acts 75th |
|
Leg., R.S., Ch. 1066, Secs. 6(a), (d), (i).) |
|
Sec. 8833.052. ELECTION DATE. On the uniform election date |
|
in November of each odd-numbered year, the district shall hold an |
|
election in the district to elect the appropriate number of |
|
directors. (Acts 75th Leg., R.S., Ch. 1066, Sec. 9.) |
|
Sec. 8833.053. QUALIFICATIONS FOR ELECTION. To be |
|
qualified to be elected as a director, a person must be a registered |
|
voter in the single-member district that the person would |
|
represent. (Acts 75th Leg., R.S., Ch. 1066, Sec. 6(h).) |
|
[Sections 8833.054-8833.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8833.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. Except as provided by Section 8833.102, the district |
|
has the rights, powers, privileges, functions, and duties provided |
|
by the general law of this state, including Chapters 36 and 49, |
|
Water Code, applicable to groundwater conservation districts |
|
created under Section 59, Article XVI, Texas Constitution. (Acts |
|
75th Leg., R.S., Ch. 1066, Sec. 5(a) (part).) |
|
Sec. 8833.102. LIMITATIONS ON DISTRICT POWERS. The |
|
district may not impose: |
|
(1) a tax; or |
|
(2) a fee on a well used exclusively for domestic or |
|
livestock watering purposes. (Acts 75th Leg., R.S., Ch. 1066, Sec. 5(c).) |
|
|
|
CHAPTER 8835. BRAZOS VALLEY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8835.001. DEFINITIONS |
|
Sec. 8835.002. NATURE OF DISTRICT |
|
Sec. 8835.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8835.004. DISTRICT TERRITORY |
|
[Sections 8835.005-8835.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8835.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8835.052. APPOINTMENT OF DIRECTORS |
|
Sec. 8835.053. BOARD VACANCY |
|
Sec. 8835.054. COMPENSATION; EXPENSES |
|
Sec. 8835.055. VOTE REQUIRED FOR BOARD ACTION |
|
[Sections 8835.056-8835.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8835.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8835.102. GROUNDWATER WELLS UNDER JURISDICTION OF |
|
RAILROAD COMMISSION |
|
Sec. 8835.103. LIMITATION ON POWER OF EMINENT DOMAIN |
|
[Sections 8835.104-8835.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8835.151. FEES |
|
Sec. 8835.152. AUTHORITY TO ISSUE BONDS AND NOTES |
|
Sec. 8835.153. LIMITATION ON AUTHORITY TO IMPOSE TAXES |
|
CHAPTER 8835. BRAZOS VALLEY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8835.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Brazos Valley Groundwater |
|
Conservation District. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3; |
|
Acts 77th Leg., R.S., Ch. 966, Sec. 3.1302; Acts 77th Leg., R.S., |
|
Ch. 1307, Sec. 2.02; New.) |
|
Sec. 8835.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district created under and essential to |
|
accomplish the purposes of Section 59, Article XVI, Texas |
|
Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part), |
|
(c).) |
|
Sec. 8835.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The |
|
district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.) |
|
Sec. 8835.004. DISTRICT TERRITORY. The district's |
|
boundaries are coextensive with the boundaries of Robertson and |
|
Brazos Counties unless the district's territory has been modified |
|
under: |
|
(1) Subchapter J, Chapter 36, Water Code; or |
|
(2) other law. (Acts 76th Leg., R.S., Ch. 1331, Sec. |
|
2(a) (part); Acts 77th Leg., R.S., Ch. 966, Sec. 3.1303; Acts 77th |
|
Leg., R.S., Ch. 1307, Sec. 2.03; New.) |
|
[Sections 8835.005-8835.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8835.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of eight directors. |
|
(b) Directors serve staggered four-year terms. |
|
(c) A director may serve consecutive terms. (Acts 77th Leg., |
|
R.S., Ch. 966, Secs. 3.1309(a), (c), (f); Acts 77th Leg., R.S., Ch. |
|
1307, Secs. 2.10(a), (c), (f).) |
|
Sec. 8835.052. APPOINTMENT OF DIRECTORS. (a) The |
|
Robertson County Commissioners Court shall appoint four directors, |
|
of whom: |
|
(1) one must represent municipal interests in the |
|
county; |
|
(2) one must be a bona fide agricultural producer who |
|
derives a substantial portion of the producer's income from |
|
agriculture in the county; |
|
(3) one must be a director or employee of a rural water |
|
supply corporation in the county; and |
|
(4) one must represent active industrial interests in |
|
the county. |
|
(b) The Brazos County Commissioners Court shall appoint two |
|
directors, of whom: |
|
(1) one must be a bona fide agricultural producer who |
|
derives a substantial portion of the producer's income from |
|
agriculture in the county; and |
|
(2) one must be a director or employee of a rural water |
|
supply corporation in the county. |
|
(c) The governing body of the City of Bryan, with the |
|
approval of the Brazos County Commissioners Court, shall appoint |
|
one director. |
|
(d) The governing body of the City of College Station, with |
|
the approval of the Brazos County Commissioners Court, shall |
|
appoint one director. |
|
(e) Every two years after January 1 of the second year |
|
following the district's confirmation, the appropriate governing |
|
body shall appoint the appropriate number of directors. (Acts 77th |
|
Leg., R.S., Ch. 966, Secs. 3.1310(c), (d), (f) (part); Acts 77th |
|
Leg., R.S., Ch. 1307, Secs. 2.11(a), (b), (c), (d), (f) (part).) |
|
Sec. 8835.053. BOARD VACANCY. If there is a vacancy on the |
|
board, the governing body of the entity that appointed the director |
|
who vacated the office shall appoint a director to serve the |
|
remainder of the term. (Acts 77th Leg., R.S., Ch. 966, Sec. |
|
3.1309(g); Acts 77th Leg., R.S., Ch. 1307, Sec. 2.10(g).) |
|
Sec. 8835.054. COMPENSATION; EXPENSES. (a) A director is |
|
not entitled to receive compensation for serving as a director. |
|
(b) A director may be reimbursed for actual, reasonable |
|
expenses incurred in discharging official duties. (Acts 77th Leg., |
|
R.S., Ch. 966, Sec. 3.1309(h); Acts 77th Leg., R.S., Ch. 1307, Sec. |
|
2.10(h).) |
|
Sec. 8835.055. VOTE REQUIRED FOR BOARD ACTION. A majority |
|
vote of a quorum of the board is required for board action. If there |
|
is a tie vote, the proposed action fails. (Acts 77th Leg., R.S., |
|
Ch. 966, Sec. 3.1309(i); Acts 77th Leg., R.S., Ch. 1307, Sec. |
|
2.10(i).) |
|
[Sections 8835.056-8835.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8835.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. Except as provided by this chapter, the district has |
|
the rights, powers, privileges, functions, and duties provided by |
|
the general law of this state, including Chapter 36, Water Code, |
|
applicable to groundwater conservation districts created under |
|
Section 59, Article XVI, Texas Constitution. (Acts 77th Leg., |
|
R.S., Ch. 966, Sec. 3.1304(a) (part); Acts 77th Leg., R.S., Ch. |
|
1307, Sec. 2.04(a) (part).) |
|
Sec. 8835.102. GROUNDWATER WELLS UNDER JURISDICTION OF |
|
RAILROAD COMMISSION. (a) In this section, "railroad commission" |
|
means the Railroad Commission of Texas. |
|
(b) A groundwater well drilled or operated in the district |
|
under a permit issued by the railroad commission is under the |
|
exclusive jurisdiction of the railroad commission and is exempt |
|
from regulation by the district. |
|
(c) Groundwater produced in an amount authorized by a |
|
railroad commission permit may be used in or exported from the |
|
district without a permit from the district. |
|
(d) To the extent groundwater production exceeds railroad |
|
commission authorization, the holder of the railroad commission |
|
permit: |
|
(1) must apply to the district for the appropriate |
|
permit for the excess production; and |
|
(2) is subject to the applicable regulatory fees. |
|
(e) Groundwater produced from a well under the jurisdiction |
|
of the railroad commission is generally exempt from water district |
|
fees. However, the district may impose either a pumping fee or an |
|
export fee on groundwater produced from an otherwise exempt mine |
|
well that is used for municipal purposes or by a public utility. A |
|
fee imposed by the district under this subsection may not exceed the |
|
fee imposed on other groundwater producers in the district. (Acts |
|
77th Leg., R.S., Ch. 966, Sec. 3.1307; Acts 77th Leg., R.S., Ch. |
|
1307, Sec. 2.07; New.) |
|
Sec. 8835.103. LIMITATION ON POWER OF EMINENT DOMAIN. The |
|
district does not have the power of eminent domain granted by |
|
Section 36.105, Water Code. (Acts 77th Leg., R.S., Ch. 966, Sec. |
|
3.1304(b) (part); Acts 77th Leg., R.S., Ch. 1307, Sec. 2.04(b) |
|
(part).) |
|
[Sections 8835.104-8835.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8835.151. FEES. (a) The board by rule may impose a |
|
reasonable fee on each well that is not exempt from regulation by |
|
the district and for which a permit is issued by the district. The |
|
fee may be based on: |
|
(1) the size of column pipe used by the well; or |
|
(2) the actual, authorized, or anticipated amount of |
|
water to be withdrawn from the well. |
|
(b) The board shall base the amount of the initial fee on the |
|
amount of water to be withdrawn from the well. The initial fee: |
|
(1) may not exceed: |
|
(A) $0.25 for each acre-foot for water used to |
|
irrigate agricultural crops or operate existing steam electric |
|
stations; or |
|
(B) $0.0425 for each thousand gallons for water |
|
used for any other purpose; and |
|
(2) may be increased at a cumulative rate not to exceed |
|
three percent for each year. |
|
(c) In addition to the fee authorized under Subsection (b), |
|
the district may impose a reasonable fee or surcharge for an export |
|
fee using one of the following methods: |
|
(1) a fee negotiated between the district and the |
|
transporter; or |
|
(2) a combined production and export fee not to exceed |
|
17 cents for each thousand gallons for water used. |
|
(d) Fees authorized by this section may be: |
|
(1) assessed annually; and |
|
(2) used to pay the cost of operating the district. |
|
(Acts 77th Leg., R.S., Ch. 966, Sec. 3.1306; Acts 77th Leg., R.S., |
|
Ch. 1307, Sec. 2.06.) |
|
Sec. 8835.152. AUTHORITY TO ISSUE BONDS AND NOTES. The |
|
district may issue bonds and notes under Subchapter F, Chapter 36, |
|
Water Code, not to exceed $500,000 of total indebtedness at any |
|
time. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1305; Acts 77th Leg., |
|
R.S., Ch. 1307, Sec. 2.05.) |
|
Sec. 8835.153. LIMITATION ON AUTHORITY TO IMPOSE TAXES. |
|
The district does not have the authority relating to taxes that is |
|
granted by Sections 36.020 and 36.201-36.204, Water Code. (Acts |
|
77th Leg., R.S., Ch. 966, Sec. 3.1304(b) (part); Acts 77th Leg., R.S., Ch. 1307, Sec. 2.04(b) (part).) |
|
|
|
CHAPTER 8838. COW CREEK GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8838.001. DEFINITIONS |
|
Sec. 8838.002. NATURE OF DISTRICT |
|
Sec. 8838.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8838.004. DISTRICT TERRITORY |
|
Sec. 8838.005. CONFLICTS WITH OTHER LAW |
|
[Sections 8838.006-8838.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8838.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8838.052. ELECTION OF DIRECTORS |
|
Sec. 8838.053. ELECTION DATE |
|
Sec. 8838.054. ELIGIBILITY |
|
Sec. 8838.055. BOARD VACANCY |
|
[Sections 8838.056-8838.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8838.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8838.102. PROGRAMS TO PRESERVE AND PROTECT |
|
GROUNDWATER RESOURCES |
|
Sec. 8838.103. CONTRACTS WITH OTHER GOVERNMENTAL |
|
BODIES |
|
Sec. 8838.104. WELL PERMITS; AUTHORIZATION OF EXEMPT |
|
WELLS |
|
Sec. 8838.105. BEST MANAGEMENT PRACTICES FOR WATER |
|
RESOURCE MANAGEMENT |
|
Sec. 8838.106. LIMITATIONS ON DISTRICT POWERS |
|
[Sections 8838.107-8838.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8838.151. FEES |
|
Sec. 8838.152. AD VALOREM TAX EXEMPTION FOR PROPERTY |
|
ON WHICH WATER CONSERVATION |
|
INITIATIVE HAS BEEN IMPLEMENTED |
|
Sec. 8838.153. LIMITATION ON TAXES |
|
CHAPTER 8838. COW CREEK GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8838.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Cow Creek Groundwater |
|
Conservation District. |
|
(4) "Well" means an excavation drilled or dug into the |
|
ground that may intercept or penetrate a water-bearing stratum or |
|
formation. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3; Acts 77th Leg., |
|
R.S., Ch. 966, Secs. 3.0102(1), (3); Acts 77th Leg., R.S., Ch. 1349, |
|
Sec. 2(1); New.) |
|
Sec. 8838.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district created under and essential to |
|
accomplish the purposes of Section 59, Article XVI, Texas |
|
Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part), |
|
(c).) |
|
Sec. 8838.003. FINDINGS OF PUBLIC USE AND BENEFIT. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.) |
|
Sec. 8838.004. DISTRICT TERRITORY. The district's |
|
boundaries are coextensive with the boundaries of Kendall County |
|
unless the district's territory has been modified under: |
|
(1) Subchapter J, Chapter 36, Water Code; or |
|
(2) other law. (Acts 76th Leg., R.S., Ch. 1331, Sec. |
|
2(a) (part); Acts 77th Leg., R.S., Ch. 966, Sec. 3.0103; Acts 77th |
|
Leg., R.S., Ch. 1349, Sec. 3; New.) |
|
Sec. 8838.005. CONFLICTS WITH OTHER LAW. The following |
|
provisions prevail over a conflicting or inconsistent provision of |
|
this chapter: |
|
(1) Sections 36.1071-36.108, Water Code; |
|
(2) Sections 36.159-36.161, Water Code; and |
|
(3) Subchapter I, Chapter 36, Water Code. (Acts 77th |
|
Leg., R.S., Ch. 1349, Sec. 4(b).) |
|
[Sections 8838.006-8838.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8838.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 77th |
|
Leg., R.S., Ch. 966, Secs. 3.0105(a), (d); Acts 77th Leg., R.S., Ch. |
|
1349, Secs. 5(a), (d).) |
|
Sec. 8838.052. ELECTION OF DIRECTORS. (a) Directors are |
|
elected according to the commissioners precinct method provided by |
|
this section. |
|
(b) One director is elected by the voters of the entire |
|
district. One director is elected from each county commissioners |
|
precinct by the voters of that precinct. |
|
(c) A person shall indicate on the application for a place |
|
on the ballot: |
|
(1) the precinct that the person seeks to represent; |
|
or |
|
(2) that the person seeks to represent the district at |
|
large. |
|
(d) When the boundaries of the county commissioners |
|
precincts are changed, each director in office on the effective |
|
date of the change or elected to a term of office beginning on or |
|
after the effective date of the change serves in the precinct to |
|
which the director was elected for the entire term to which the |
|
director was elected, even though the change in boundaries places |
|
the person's residence outside the precinct for which the person |
|
was elected. (Acts 77th Leg., R.S., Ch. 966, Secs. 3.0106(a), (b), |
|
(c), (d); Acts 77th Leg., R.S., Ch. 1349, Secs. 6(a), (b), (d).) |
|
Sec. 8838.053. ELECTION DATE. On the uniform election date |
|
in May of each even-numbered year, the appropriate number of |
|
directors shall be elected. (Acts 77th Leg., R.S., Ch. 966, Sec. |
|
3.0110; Acts 77th Leg., R.S., Ch. 1349, Sec. 10.) |
|
Sec. 8838.054. ELIGIBILITY. (a) To be eligible to be a |
|
candidate for or to serve as director at large, a person must be a |
|
registered voter in the district. |
|
(b) To be eligible to be a candidate for or to serve as a |
|
director from a county commissioners precinct, a person must be a |
|
registered voter of that precinct, except as provided by Section |
|
8838.052(d). (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0106(e); Acts |
|
77th Leg., R.S., Ch. 1349, Sec. 6(c); New.) |
|
Sec. 8838.055. BOARD VACANCY. (a) The board shall appoint |
|
a replacement to fill a vacancy in the office of director. |
|
(b) The appointed replacement serves until the next |
|
directors' election. |
|
(c) At that election, a person is elected to fill the |
|
position. If the position is not scheduled to be filled at the |
|
election, the person elected to fill the position serves only for |
|
the remainder of the unexpired term. (Acts 77th Leg., R.S., Ch. |
|
966, Sec. 3.0105(g); Acts 77th Leg., R.S., Ch. 1349, Sec. 5(g).) |
|
[Sections 8838.056-8838.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8838.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. Except as otherwise provided by this chapter, the |
|
district has the rights, powers, privileges, functions, and duties |
|
provided by the general law of this state, including Chapter 36, |
|
Water Code, applicable to groundwater conservation districts |
|
created under Section 59, Article XVI, Texas Constitution. (Acts |
|
77th Leg., R.S., Ch. 966, Sec. 3.0104 (part); Acts 77th Leg., R.S., |
|
Ch. 1349, Sec. 4(a) (part).) |
|
Sec. 8838.102. PROGRAMS TO PRESERVE AND PROTECT GROUNDWATER |
|
RESOURCES. The district may develop and implement regulatory, |
|
conservation, and recharge programs that preserve and protect |
|
groundwater resources located in the district. (Acts 77th Leg., |
|
R.S., Ch. 966, Sec. 3.0101(b).) |
|
Sec. 8838.103. CONTRACTS WITH OTHER GOVERNMENTAL BODIES. |
|
The district may contract with one or more state agencies or other |
|
governmental bodies, including a county, a river authority, or |
|
another district, to carry out any function of the district. (Acts |
|
77th Leg., R.S., Ch. 966, Sec. 3.0111(a); Acts 77th Leg., R.S., Ch. |
|
1349, Sec. 11(a).) |
|
Sec. 8838.104. WELL PERMITS; AUTHORIZATION OF EXEMPT WELLS. |
|
(a) The district may require a drilling permit before a new well is |
|
drilled or an existing well is substantially altered. |
|
(b) Notwithstanding an exemption for a well under Section |
|
36.117, Water Code, written authorization granted by the district |
|
must be received before a new well is drilled or an existing well is |
|
substantially altered. (Acts 77th Leg., R.S., Ch. 966, Sec. |
|
3.0111(b); Acts 77th Leg., R.S., Ch. 1349, Sec. 11(b).) |
|
Sec. 8838.105. BEST MANAGEMENT PRACTICES FOR WATER RESOURCE |
|
MANAGEMENT. (a) The district may participate in the construction, |
|
implementation, and maintenance of best management practices for |
|
water resource management in the district and may engage in and |
|
promote the acceptance of best management practices through |
|
education efforts sponsored by the district. |
|
(b) Construction, implementation, and maintenance of best |
|
management practices must address water quantity and quality |
|
practices such as brush management, prescribed grazing, recharge |
|
structures, water and silt detention and retention structures, |
|
plugging of abandoned wells, rainwater harvesting, and other |
|
treatment measures for the conservation of water resources. (Acts |
|
77th Leg., R.S., Ch. 966, Sec. 3.0111(c); Acts 77th Leg., R.S., Ch. |
|
1349, Sec. 11(c).) |
|
Sec. 8838.106. LIMITATIONS ON DISTRICT POWERS. (a) In this |
|
section, "retail public utility" means a retail public utility as |
|
defined by Section 13.002, Water Code, that is providing service in |
|
the district on September 1, 2001. |
|
(b) The district may not: |
|
(1) require the owner of a well used solely for |
|
domestic or livestock purposes to install a meter or measuring |
|
device on the well; |
|
(2) sell, transport, or export groundwater outside of |
|
the district; or |
|
(3) enter into a contract or engage in an action to |
|
supply water to any person in the service area of any municipality |
|
or retail public utility located in the district, except with the |
|
consent of the municipality or retail public utility. (Acts 77th |
|
Leg., R.S., Ch. 966, Secs. 3.0102(2), 3.0112 (part); Acts 77th |
|
Leg., R.S., Ch. 1349, Sec. 12 (part).) |
|
[Sections 8838.107-8838.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8838.151. FEES. (a) Reasonable fees, as determined by |
|
the district, may be imposed on an annual basis on each nonexempt |
|
well and on each well exempt from permitting under Section |
|
36.117(b)(1), Water Code. The district shall adopt any rules |
|
necessary for the assessment and collection of fees under this |
|
subsection. |
|
(b) The district may use money collected from fees: |
|
(1) in any manner necessary for the management and |
|
operation of the district; |
|
(2) to pay all or part of the principal of and interest |
|
on district bonds or notes; and |
|
(3) for any purpose consistent with the district's |
|
approved water management plan. (Acts 77th Leg., R.S., Ch. 966, |
|
Secs. 3.0111(d), (e); Acts 77th Leg., R.S., Ch. 1349, Secs. 11(d), |
|
(e).) |
|
Sec. 8838.152. AD VALOREM TAX EXEMPTION FOR PROPERTY ON |
|
WHICH WATER CONSERVATION INITIATIVE HAS BEEN IMPLEMENTED. (a) The |
|
district may adopt rules providing for granting exemptions from ad |
|
valorem taxes on property on which a water conservation initiative |
|
has been implemented as provided by Section 11.32, Tax Code. |
|
(b) The total amount of the exemption from ad valorem taxes |
|
may not exceed one-half of the tax imposed by the district. (Acts |
|
77th Leg., R.S., Ch. 966, Secs. 3.0111(f), (h); Acts 77th Leg., |
|
R.S., Ch. 1349, Secs. 11(f), (i).) |
|
Sec. 8838.153. LIMITATION ON TAXES. The district may not |
|
impose an ad valorem tax for administrative, operation, or |
|
maintenance expenses that exceeds the lesser of: |
|
(1) the rate approved by the majority of the voters |
|
voting in the election authorizing the tax; or |
|
(2) three cents per $100 of assessed valuation. (Acts |
|
77th Leg., R.S., Ch. 966, Sec. 3.0112 (part); Acts 77th Leg., R.S., Ch. 1349, Sec. 12 (part).) |
|
|
|
CHAPTER 8839. GATEWAY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8839.001. DEFINITIONS |
|
Sec. 8839.002. DISTRICT TERRITORY |
|
[Sections 8839.003-8839.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8839.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8839.052. APPOINTMENT OF DIRECTORS |
|
Sec. 8839.053. BOARD VACANCY |
|
Sec. 8839.054. COMPENSATION; EXPENSES |
|
[Sections 8839.055-8839.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8839.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
[Sections 8839.102-8839.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8839.151. TAXING AUTHORITY |
|
CHAPTER 8839. GATEWAY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8839.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Gateway Groundwater |
|
Conservation District. (Acts 77th Leg., R.S., Ch. 1352, Sec. 2; |
|
New.) |
|
Sec. 8839.002. DISTRICT TERRITORY. The district's |
|
boundaries are coextensive with the boundaries of Foard and |
|
Hardeman Counties unless the district's territory has been modified |
|
under: |
|
(1) Subchapter J, Chapter 36, Water Code; or |
|
(2) other law. (Acts 77th Leg., R.S., Ch. 1352, Sec. |
|
3(a); New.) |
|
[Sections 8839.003-8839.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8839.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board in the manner provided by Section |
|
36.051, Water Code. |
|
(b) Directors serve staggered four-year terms. (Acts 77th |
|
Leg., R.S., Ch. 1352, Secs. 5(a), (d).) |
|
Sec. 8839.052. APPOINTMENT OF DIRECTORS. (a) The |
|
commissioners court of each county in the district shall appoint an |
|
equal number of directors. |
|
(b) The appropriate commissioners court shall appoint a |
|
director to succeed a director on or before the date the director's |
|
term expires. (Acts 77th Leg., R.S., Ch. 1352, Secs. 5(g), 7(a).) |
|
Sec. 8839.053. BOARD VACANCY. If there is a vacancy on the |
|
board, the appropriate commissioners court shall appoint a director |
|
to serve the remainder of the term. (Acts 77th Leg., R.S., Ch. |
|
1352, Sec. 5(f).) |
|
Sec. 8839.054. COMPENSATION; EXPENSES. A director may not |
|
receive a salary or other compensation for service as a director but |
|
may be reimbursed for actual expenses of attending meetings. (Acts |
|
77th Leg., R.S., Ch. 1352, Sec. 5(h).) |
|
[Sections 8839.055-8839.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8839.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by the general law of this state, |
|
including Chapter 36, Water Code, applicable to groundwater |
|
conservation districts created under Section 59, Article XVI, Texas |
|
Constitution. (Acts 77th Leg., R.S., Ch. 1352, Sec. 4(a) (part).) |
|
[Sections 8839.102-8839.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8839.151. TAXING AUTHORITY. The district may impose |
|
an ad valorem tax in the district at a rate not to exceed one cent on |
|
each $100 of assessed valuation. (Acts 77th Leg., R.S., Ch. 1352, Sec. 9.) |
|
|
|
CHAPTER 8841. GOLIAD COUNTY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8841.001. DEFINITIONS |
|
Sec. 8841.002. NATURE OF DISTRICT |
|
Sec. 8841.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8841.004. DISTRICT TERRITORY |
|
Sec. 8841.005. DISTRICT NAME CHANGE |
|
Sec. 8841.006. CONFLICTS WITH OTHER LAW |
|
[Sections 8841.007-8841.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8841.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8841.052. ELECTION DATE |
|
Sec. 8841.053. ELIGIBILITY |
|
Sec. 8841.054. BOARD VACANCY |
|
Sec. 8841.055. OFFICERS |
|
[Sections 8841.056-8841.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8841.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8841.102. REGIONAL COOPERATION |
|
[Sections 8841.103-8841.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8841.151. LIMITATION ON TAXES |
|
CHAPTER 8841. GOLIAD COUNTY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8841.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Goliad County Groundwater |
|
Conservation District. (Acts 77th Leg., R.S., Ch. 1359, Sec. 2; |
|
New.) |
|
Sec. 8841.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district in Goliad County created under |
|
and essential to accomplish the purposes of Section 59, Article |
|
XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1359, Secs. |
|
1(a) (part), (b).) |
|
Sec. 8841.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The |
|
district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1359, Sec. 4.) |
|
Sec. 8841.004. DISTRICT TERRITORY. The district's |
|
boundaries are coextensive with the boundaries of Goliad County, |
|
Texas, unless the district's territory has been modified under: |
|
(1) Subchapter J, Chapter 36, Water Code; or |
|
(2) other law. (Acts 77th Leg., R.S., Ch. 1359, Sec. |
|
3; New.) |
|
Sec. 8841.005. DISTRICT NAME CHANGE. The board may change |
|
the district's name if the district annexes territory. (Acts 77th |
|
Leg., R.S., Ch. 1359, Sec. 14.) |
|
Sec. 8841.006. CONFLICTS WITH OTHER LAW. The following |
|
provisions prevail over a conflicting or inconsistent provision of |
|
this chapter: |
|
(1) Sections 36.1071-36.108, Water Code; |
|
(2) Sections 36.159-36.161, Water Code; and |
|
(3) Subchapter I, Chapter 36, Water Code. (Acts 77th |
|
Leg., R.S., Ch. 1359, Sec. 5(b).) |
|
[Sections 8841.007-8841.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8841.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of seven directors elected to |
|
numbered places from Goliad County at large by the voters of the |
|
district. |
|
(b) Directors serve staggered four-year terms. (Acts 77th |
|
Leg., R.S., Ch. 1359, Secs. 10(a), (c), 11(a), 12 (part).) |
|
Sec. 8841.052. ELECTION DATE. Beginning in the second year |
|
following the election that confirmed the creation of the district, |
|
an election shall be held on the uniform election date in November |
|
every two years to elect the appropriate number of directors. (Acts |
|
77th Leg., R.S., Ch. 1359, Sec. 12 (part).) |
|
Sec. 8841.053. ELIGIBILITY. To be eligible to serve as a |
|
director, a person must be a resident of Goliad County. (Acts 77th |
|
Leg., R.S., Ch. 1359, Sec. 6(a).) |
|
Sec. 8841.054. BOARD VACANCY. (a) If a vacancy occurs on |
|
the board, the remaining directors shall appoint a person to fill |
|
the vacancy. |
|
(b) A director appointed to fill a vacancy serves for the |
|
unexpired portion of the term. (Acts 77th Leg., R.S., Ch. 1359, |
|
Secs. 11(b), (c).) |
|
Sec. 8841.055. OFFICERS. The board shall select from among |
|
the directors a presiding officer, assistant presiding officer, and |
|
secretary. (Acts 77th Leg., R.S., Ch. 1359, Sec. 10(b).) |
|
[Sections 8841.056-8841.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8841.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. Except as provided by this chapter, the district has |
|
the rights, powers, privileges, functions, and duties provided by |
|
the general law of this state, including Chapter 36, Water Code, |
|
applicable to groundwater conservation districts created under |
|
Section 59, Article XVI, Texas Constitution. (Acts 77th Leg., |
|
R.S., Ch. 1359, Sec. 5(a) (part).) |
|
Sec. 8841.102. REGIONAL COOPERATION. (a) In recognition |
|
of the need for uniform regional monitoring and regulation of |
|
common, scientifically recognized groundwater sources, and in |
|
designated management areas, the district shall establish rules |
|
that: |
|
(1) require the permitting of each water well that is: |
|
(A) not exempted from permitting by Chapter 36, |
|
Water Code; and |
|
(B) capable of producing more than 25,000 gallons |
|
each day; |
|
(2) provide for the prevention of waste, as defined by |
|
Section 36.001, Water Code; |
|
(3) provide for timely capping or plugging of |
|
abandoned wells; and |
|
(4) require reports to be filed with the district on |
|
each new, nonexempt water well. |
|
(b) A report required under Subsection (a)(4) must include: |
|
(1) the driller's log; |
|
(2) a description of the casing and pumping equipment |
|
installed; |
|
(3) the capacity of the well; and |
|
(4) the intended use of the water. |
|
(c) To further regional continuity, the district shall: |
|
(1) seek to participate in at least one coordination |
|
meeting annually with each adjacent district that shares an aquifer |
|
with the district; |
|
(2) coordinate the collection of data with adjacent |
|
districts in a manner designed to achieve uniformity of data |
|
quality; |
|
(3) coordinate efforts to monitor water quality with |
|
adjacent districts, local governments, and state agencies; |
|
(4) investigate any groundwater pollution with the |
|
intention of locating its source and report the district's findings |
|
to adjacent districts and appropriate state agencies; |
|
(5) provide to adjacent districts annually an |
|
inventory of new water wells in the district and an estimate of |
|
groundwater production in the district; and |
|
(6) include adjacent districts on the mailing lists |
|
for district newsletters, seminars, public education events, news |
|
articles, and field days. (Acts 77th Leg., R.S., Ch. 1359, Sec. |
|
15.) |
|
[Sections 8841.103-8841.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8841.151. LIMITATION ON TAXES. The district may not |
|
impose an ad valorem tax at a rate that exceeds five cents on each |
|
$100 valuation of taxable property in the district. (Acts 77th Leg., R.S., Ch. 1359, Sec. 13.) |
|
|
|
CHAPTER 8843. HAYS TRINITY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8843.001. DEFINITIONS |
|
Sec. 8843.002. NATURE OF DISTRICT |
|
Sec. 8843.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8843.004. DISTRICT TERRITORY |
|
[Sections 8843.005-8843.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8843.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8843.052. ELECTION OF DIRECTORS |
|
Sec. 8843.053. ELECTION DATE |
|
Sec. 8843.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 8843.055. BOARD VACANCY |
|
Sec. 8843.056. REVISION OF SINGLE-MEMBER DISTRICTS |
|
Sec. 8843.057. COMPENSATION; EXPENSES |
|
[Sections 8843.058-8843.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8843.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8843.102. ELECTION ON BOARD DECISION |
|
Sec. 8843.103. WELL CONSTRUCTION PERMIT |
|
Sec. 8843.104. EXEMPT WELLS |
|
Sec. 8843.105. STANDARDS FOR RESIDENTIAL WELLS |
|
Sec. 8843.106. ELECTIONS OTHER THAN DIRECTORS' |
|
ELECTIONS |
|
[Sections 8843.107-8843.150 reserved for expansion] |
|
SUBCHAPTER D. FINANCIAL PROVISIONS |
|
Sec. 8843.151. WELL CONSTRUCTION PERMIT FEE |
|
Sec. 8843.152. SERVICE CONNECTION FEE |
|
Sec. 8843.153. TAXES AND OTHER FEES PROHIBITED |
|
Sec. 8843.154. BUDGET |
|
Sec. 8843.155. AUDIT |
|
CHAPTER 8843. HAYS TRINITY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8843.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Hays Trinity Groundwater |
|
Conservation District. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3; |
|
Acts 77th Leg., R.S., Ch. 966, Sec. 3.0302; New.) |
|
Sec. 8843.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district created under and essential to |
|
accomplish the purposes of Section 59, Article XVI, Texas |
|
Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part), |
|
(c).) |
|
Sec. 8843.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The |
|
district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.) |
|
Sec. 8843.004. DISTRICT TERRITORY. The district's |
|
boundaries are coextensive with the boundaries of Hays County, |
|
excluding any area that on September 1, 2001, was within another |
|
groundwater conservation district with authority to require a |
|
permit to drill or alter a well for the withdrawal of groundwater, |
|
unless the district's territory has been modified under: |
|
(1) Subchapter J, Chapter 36, Water Code; or |
|
(2) other law. (Acts 77th Leg., R.S., Ch. 966, Sec. |
|
3.0303 (part); New.) |
|
[Sections 8843.005-8843.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8843.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered two-year terms. (Acts 77th |
|
Leg., R.S., Ch. 966, Secs. 3.0307(a), (d).) |
|
Sec. 8843.052. ELECTION OF DIRECTORS. (a) The district is |
|
divided into five numbered single-member districts for electing |
|
directors. |
|
(b) One director is elected from each single-member |
|
district. A director elected from a single-member district |
|
represents the residents of that single-member district. (Acts |
|
77th Leg., R.S., Ch. 966, Secs. 3.0308(a), (b).) |
|
Sec. 8843.053. ELECTION DATE. On the uniform election date |
|
in May of each year, the appropriate number of directors shall be |
|
elected. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0310(b).) |
|
Sec. 8843.054. QUALIFICATIONS FOR OFFICE. To be qualified |
|
to be a candidate for or to serve as director, a person must be a |
|
registered voter in the single-member district that the person |
|
represents or seeks to represent. (Acts 77th Leg., R.S., Ch. 966, |
|
Sec. 3.0308(c).) |
|
Sec. 8843.055. BOARD VACANCY. If there is a vacancy on the |
|
board, the Hays County Commissioners Court shall appoint a director |
|
to serve the remainder of the term. (Acts 77th Leg., R.S., Ch. 966, |
|
Sec. 3.0307(g).) |
|
Sec. 8843.056. REVISION OF SINGLE-MEMBER DISTRICTS. (a) |
|
The board may revise the single-member districts as necessary or |
|
appropriate. |
|
(b) The board shall revise each single-member district |
|
after each federal decennial census to reflect population changes. |
|
(c) At the first election after the single-member districts |
|
are revised, a new director shall be elected from each district. |
|
The directors shall draw lots to determine which two directors |
|
serve one-year terms and which three directors serve two-year |
|
terms. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0308(d).) |
|
Sec. 8843.057. COMPENSATION; EXPENSES. A director may not |
|
receive a salary or other compensation for service as a director but |
|
may be reimbursed for actual expenses of attending meetings at the |
|
rate in effect for employees of Hays County. (Acts 77th Leg., R.S., |
|
Ch. 966, Sec. 3.0307(h).) |
|
[Sections 8843.058-8843.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8843.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by the general law of this state, |
|
including Chapter 36, Water Code, applicable to groundwater |
|
conservation districts created under Section 59, Article XVI, Texas |
|
Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0304(a) |
|
(part).) |
|
Sec. 8843.102. ELECTION ON BOARD DECISION. The Hays County |
|
Commissioners Court by resolution may require an election to affirm |
|
or reverse a decision of the board not later than six months after |
|
the date of the decision. (Acts 77th Leg., R.S., Ch. 966, Sec. |
|
3.0304(d).) |
|
Sec. 8843.103. WELL CONSTRUCTION PERMIT. Except as |
|
provided by Sections 8843.104(b) and (c), the district may require |
|
a permit for the construction of a new well completed after |
|
September 1, 2001. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0312(a) |
|
(part).) |
|
Sec. 8843.104. EXEMPT WELLS. (a) The following wells are |
|
exempt from the requirements of Chapter 36, Water Code, and may not |
|
be regulated, permitted, or metered by the district: |
|
(1) a well used for domestic use by a single private |
|
residential household and producing less than 25,000 gallons per |
|
day; and |
|
(2) a well used for conventional farming and ranching |
|
activities, including such intensive operations as aquaculture, |
|
livestock feedlots, or poultry operations. |
|
(b) The district may not require a permit to construct a |
|
well described by Subsection (a)(2). |
|
(c) A well used for dewatering and monitoring in the |
|
production of coal or lignite is exempt from permit requirements, |
|
regulations, and fees imposed by the district. |
|
(d) The district may not enter property to inspect an exempt |
|
well without the property owner's permission. (Acts 77th Leg., |
|
R.S., Ch. 966, Secs. 3.0304(c), 3.0305.) |
|
Sec. 8843.105. STANDARDS FOR RESIDENTIAL WELLS. The |
|
district may not adopt standards for the construction of a |
|
residential well that are more stringent than state standards for a |
|
residential well. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0304(e).) |
|
Sec. 8843.106. ELECTIONS OTHER THAN DIRECTORS' ELECTIONS. |
|
An election held by the district, other than an election under |
|
Section 8843.053, must be scheduled to coincide with a general |
|
election in May or November. (Acts 77th Leg., R.S., Ch. 966, Sec. |
|
3.0311.) |
|
[Sections 8843.107-8843.150 reserved for expansion] |
|
SUBCHAPTER D. FINANCIAL PROVISIONS |
|
Sec. 8843.151. WELL CONSTRUCTION PERMIT FEE. The district |
|
may charge and collect a construction permit fee not to exceed $300 |
|
for a well for which the district requires a permit under Section |
|
8843.103. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0312(a) (part).) |
|
Sec. 8843.152. SERVICE CONNECTION FEE. (a) This section |
|
does not apply to a water utility that has surface water as its sole |
|
source of water. |
|
(b) The district may levy and collect a water utility |
|
service connection fee not to exceed $300 for each new water service |
|
connection made after September 1, 2001. (Acts 77th Leg., R.S., Ch. |
|
966, Sec. 3.0312(b).) |
|
Sec. 8843.153. TAXES AND OTHER FEES PROHIBITED. |
|
Notwithstanding Section 8843.101 or Subchapter G, Chapter 36, Water |
|
Code, the district may not: |
|
(1) impose a tax; or |
|
(2) assess or collect any fees except as authorized by |
|
Section 8843.151 or 8843.152. (Acts 77th Leg., R.S., Ch. 966, Sec. |
|
3.0312(c).) |
|
Sec. 8843.154. BUDGET. (a) The district shall annually: |
|
(1) prepare a budget showing proposed expenditures and |
|
disbursements and estimated receipts and collections for the next |
|
fiscal year; and |
|
(2) hold a public hearing on the proposed budget. |
|
(b) The district must publish notice of the hearing at least |
|
once in a newspaper of general circulation in the county not later |
|
than the 10th day before the date of the hearing. |
|
(c) A taxpayer of the district is entitled to appear at the |
|
hearing to be heard regarding any item in the proposed budget. |
|
(Acts 77th Leg., R.S., Ch. 966, Sec. 3.0306(a).) |
|
Sec. 8843.155. AUDIT. At the written request of the Hays |
|
County Commissioners Court, the county auditor shall audit the |
|
performance of the district. The commissioners court may request a |
|
general audit of the performance of the district or may request an |
|
audit of only one or more district matters. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0306(b).) |
|
|
|
CHAPTER 8845. IRION COUNTY WATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8845.001. DEFINITIONS |
|
Sec. 8845.002. NATURE AND PURPOSE OF DISTRICT |
|
Sec. 8845.003. LEGISLATIVE FINDINGS |
|
Sec. 8845.004. DISTRICT TERRITORY |
|
Sec. 8845.005. DISTRICT NAME CHANGE |
|
Sec. 8845.006. OWNERSHIP OF GROUNDWATER AND SURFACE |
|
WATER RIGHTS |
|
[Sections 8845.007-8845.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 8845.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8845.0511. TERMS FOR CERTAIN DIRECTORS |
|
Sec. 8845.052. ELECTION OF DIRECTORS |
|
Sec. 8845.053. ELECTION DATE |
|
Sec. 8845.054. QUALIFICATIONS FOR ELECTION; |
|
ELIGIBILITY TO SERVE |
|
Sec. 8845.055. BOARD VACANCY |
|
Sec. 8845.056. COMPOSITION OF BOARD FOLLOWING |
|
ANNEXATION OR CONSOLIDATION |
|
Sec. 8845.057. VOTE REQUIRED FOR OFFICIAL BOARD ACTION |
|
Sec. 8845.058. OFFICERS |
|
Sec. 8845.059. GENERAL MANAGER |
|
Sec. 8845.060. TREASURER AND ATTORNEY |
|
Sec. 8845.061. ENGINEER |
|
Sec. 8845.062. EMPLOYEES AND CONTRACT PERSONNEL |
|
Sec. 8845.063. DISTRICT OFFICE |
|
Sec. 8845.064. MEETINGS |
|
Sec. 8845.065. RECORDS |
|
[Sections 8845.066-8845.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8845.101. GENERAL POWERS AND DUTIES |
|
Sec. 8845.102. RULES |
|
Sec. 8845.103. EMINENT DOMAIN |
|
Sec. 8845.104. CONTROL, STORAGE, AND PRESERVATION OF |
|
STORM WATER AND FLOODWATER |
|
Sec. 8845.105. RECLAMATION |
|
Sec. 8845.106. SOIL CONSERVATION AND IMPROVEMENT |
|
Sec. 8845.107. ACQUISITION OF PROPERTY |
|
Sec. 8845.108. SALE AND DISPOSAL OF PROPERTY |
|
Sec. 8845.109. IMPROVEMENTS AND FACILITIES |
|
Sec. 8845.110. INPUT WELLS |
|
Sec. 8845.111. STUDIES AND SURVEYS |
|
Sec. 8845.112. RESEARCH; INFORMATION |
|
Sec. 8845.113. DISTRICT PLANS |
|
Sec. 8845.114. SERVICE OF PROCESS |
|
Sec. 8845.115. PAYMENT OF JUDGMENTS |
|
Sec. 8845.116. CERTAIN PERMIT DENIALS PROHIBITED |
|
Sec. 8845.117. PROHIBITION: SUPPLY OF WATER |
|
[Sections 8845.118-8845.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8845.151. MAINTENANCE AND OPERATIONS TAX; |
|
ELECTION |
|
Sec. 8845.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 8845.153. INVESTMENT OF DISTRICT MONEY |
|
Sec. 8845.154. ANNUAL AUDIT |
|
Sec. 8845.155. BORROWING MONEY |
|
Sec. 8845.156. PROHIBITION ON BONDS |
|
Sec. 8845.157. RESTRICTION ON EXPENDITURES |
|
CHAPTER 8845. IRION COUNTY WATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8845.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Irion County Water |
|
Conservation District. (Acts 69th Leg., R.S., Ch. 65, Sec. 2; New.) |
|
Sec. 8845.002. NATURE AND PURPOSE OF DISTRICT. The |
|
district is created under Section 59, Article XVI, Texas |
|
Constitution, to provide for the conservation, preservation, |
|
protection, recharge, and prevention of waste and pollution of the |
|
district's groundwater and surface water, consistent with: |
|
(1) the objectives of Section 59, Article XVI, Texas |
|
Constitution, and Chapter 36, Water Code; and |
|
(2) the powers and duties under Subchapters H and I, |
|
Chapter 49, Water Code. (Acts 69th Leg., R.S., Ch. 65, Secs. 1 |
|
(part), 29.) |
|
Sec. 8845.003. LEGISLATIVE FINDINGS. The legislature finds |
|
that: |
|
(1) the organization of the district is feasible and |
|
practicable; |
|
(2) the land to be included in and the residents of the |
|
district will benefit from the creation of the district; |
|
(3) there is a public necessity for the district; and |
|
(4) the creation of the district will further the |
|
public welfare. (Acts 69th Leg., R.S., Ch. 65, Sec. 3.) |
|
Sec. 8845.004. DISTRICT TERRITORY. The district is |
|
composed of all the territory in Irion County unless the district's |
|
territory has been modified by: |
|
(1) annexation under Subchapter J or consolidation |
|
under Subchapter K, Chapter 36, Water Code; or |
|
(2) other law. (Acts 69th Leg., R.S., Ch. 65, Sec. 4; |
|
New.) |
|
Sec. 8845.005. DISTRICT NAME CHANGE. The name of the |
|
district may be changed if: |
|
(1) additional territory is annexed to the district; |
|
or |
|
(2) the district consolidates with another district. |
|
(Acts 69th Leg., R.S., Ch. 65, Sec. 28.) |
|
Sec. 8845.006. OWNERSHIP OF GROUNDWATER AND SURFACE WATER |
|
RIGHTS. The ownership and rights of the owner of land, the owner's |
|
lessees, and assigns in groundwater and any surface water rights |
|
are recognized, and this chapter does not deprive or divest the |
|
owner, the owner's lessees, or assigns of those ownership rights. |
|
(Acts 69th Leg., R.S., Ch. 65, Sec. 45.) |
|
[Sections 8845.007-8845.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 8845.051. COMPOSITION OF BOARD; TERMS. (a) The board |
|
is composed of five directors. |
|
(b) Directors serve staggered four-year terms. |
|
(c) A director takes office at the first regular meeting of |
|
the board following the director's election to the board. (Acts |
|
69th Leg., R.S., Ch. 65, Secs. 8(a), 11, 12; New.) |
|
Sec. 8845.0511. TERMS FOR CERTAIN DIRECTORS. (a) |
|
Notwithstanding Section 8845.051(b), a director whose term expires |
|
in May 2009 shall serve a term that expires on the uniform election |
|
date in May 2012. |
|
(b) A director elected to replace a director whose term |
|
expires in May 2010 shall serve a four-year term as provided by |
|
Section 8845.051(b). |
|
(c) Section 8845.051(b) applies to any regularly scheduled |
|
election of directors held in 2012 or a later year. |
|
(d) This section expires June 1, 2014. (Acts 81st Leg., |
|
R.S., Ch. 113, Sec. 13; New.) |
|
Sec. 8845.052. ELECTION OF DIRECTORS. One director is |
|
elected from the district at large. One director is elected from |
|
each county commissioners precinct. (Acts 69th Leg., R.S., Ch. 65, |
|
Sec. 8(b).) |
|
Sec. 8845.053. ELECTION DATE. Each even-numbered year, an |
|
election shall be held on the uniform election date in May to elect |
|
the appropriate number of directors. (Acts 69th Leg., R.S., Ch. 65, |
|
Sec. 10.) |
|
Sec. 8845.054. QUALIFICATIONS FOR ELECTION; ELIGIBILITY TO |
|
SERVE. (a) To be qualified for election as a director, a person |
|
must be: |
|
(1) a resident of the district; and |
|
(2) at least 18 years of age. |
|
(b) In addition to the requirements of Subsection (a), a |
|
person who is a director from a county commissioners precinct must |
|
be a resident of that precinct unless the composition of the board |
|
changes under Section 8845.056. (Acts 69th Leg., R.S., Ch. 65, Sec. |
|
9.) |
|
Sec. 8845.055. BOARD VACANCY. If a vacancy occurs on the |
|
board, the remaining directors shall appoint a director for the |
|
unexpired term. (Acts 69th Leg., R.S., Ch. 65, Sec. 13.) |
|
Sec. 8845.056. COMPOSITION OF BOARD FOLLOWING ANNEXATION OR |
|
CONSOLIDATION. If the district annexes territory or consolidates |
|
with another district, the composition of the board shall be |
|
determined in a manner that is: |
|
(1) equitable for the residents of the district as |
|
provided by Chapter 36, Water Code; and |
|
(2) otherwise in compliance with Subchapter K, Chapter |
|
36, Water Code. (Acts 69th Leg., R.S., Ch. 65, Sec. 8(c).) |
|
Sec. 8845.057. VOTE REQUIRED FOR OFFICIAL BOARD ACTION. An |
|
official action of the board is not valid without the affirmative |
|
vote of a majority of the directors. (Acts 69th Leg., R.S., Ch. 65, |
|
Sec. 17 (part).) |
|
Sec. 8845.058. OFFICERS. (a) After each directors' |
|
election, the board shall: |
|
(1) hold a regular meeting at the district office; and |
|
(2) organize by electing from the directors a |
|
president, a vice president, and a secretary. |
|
(b) A person selected to serve as president, vice president, |
|
or secretary serves in that capacity for a two-year term. |
|
(c) The president, vice president, and secretary shall |
|
perform the duties and may exercise the powers specifically |
|
provided by this chapter or by order of the board. (Acts 69th Leg., |
|
R.S., Ch. 65, Secs. 16(a), (b), (d).) |
|
Sec. 8845.059. GENERAL MANAGER. (a) The general manager |
|
may execute a bond in the amount determined by the board, payable to |
|
the district, and conditioned on the faithful performance of the |
|
general manager's duties. The district shall pay for the bond. |
|
(b) The general manager is entitled to receive the |
|
compensation provided by the district's budget. (Acts 69th Leg., |
|
R.S., Ch. 65, Secs. 19(b), (c).) |
|
Sec. 8845.060. TREASURER AND ATTORNEY. (a) The board may |
|
appoint a treasurer and an attorney for the district. |
|
(b) The person appointed as treasurer shall execute a bond |
|
in the amount determined by the board, payable to the district, |
|
conditioned on the faithful performance of the treasurer's duties. |
|
The district shall pay for the bond. |
|
(c) A person appointed under this section is entitled to the |
|
compensation provided by the district's budget. (Acts 69th Leg., |
|
R.S., Ch. 65, Sec. 18.) |
|
Sec. 8845.061. ENGINEER. The board may: |
|
(1) appoint or contract with a competent professional |
|
engineer for the district; and |
|
(2) determine the amount of compensation to be paid to |
|
the engineer. (Acts 69th Leg., R.S., Ch. 65, Sec. 20.) |
|
Sec. 8845.062. EMPLOYEES AND CONTRACT PERSONNEL. (a) The |
|
general manager or the board may: |
|
(1) employ other persons necessary to properly handle |
|
the district's business and operation; and |
|
(2) employ or contract with expert and specialized |
|
personnel who are necessary to carry out this chapter. |
|
(b) The board shall determine the terms of employment and |
|
the compensation to be paid to employees under this section. |
|
(c) The district shall pay for any bond that an employee of |
|
or a person under contract with the district is required to furnish |
|
under Section 36.057(d), Water Code. |
|
(d) The general manager or the board may dismiss an employee |
|
of the district. (Acts 69th Leg., R.S., Ch. 65, Secs. 21(a), (b), |
|
(c), (d) (part).) |
|
Sec. 8845.063. DISTRICT OFFICE. The board shall maintain |
|
an office in the district for conducting district business. (Acts |
|
69th Leg., R.S., Ch. 65, Sec. 22.) |
|
Sec. 8845.064. MEETINGS. The board shall hold regular |
|
meetings at the district office on dates established by the board. |
|
(Acts 69th Leg., R.S., Ch. 65, Sec. 23.) |
|
Sec. 8845.065. RECORDS. (a) The board shall keep a |
|
complete written account of board meetings and other proceedings |
|
and shall preserve the board's minutes, contracts, plans, notices, |
|
accounts, receipts, and other records in a secure manner at the |
|
district's office. |
|
(b) Minutes, contracts, plans, notices, accounts, receipts, |
|
and other records are the property of the district and are subject |
|
to public inspection. (Acts 69th Leg., R.S., Ch. 65, Sec. 24.) |
|
[Sections 8845.066-8845.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8845.101. GENERAL POWERS AND DUTIES. Except to the |
|
extent of any conflict with this chapter or as specifically limited |
|
by this chapter, the district may exercise the powers granted by, |
|
and shall exercise the duties provided by, Chapter 36 and |
|
Subchapters H and I, Chapter 49, Water Code, to carry out the |
|
purpose of the district and this chapter. (Acts 69th Leg., R.S., |
|
Ch. 65, Sec. 31.) |
|
Sec. 8845.102. RULES. (a) The board may adopt rules |
|
necessary to carry out the purpose and powers under this chapter and |
|
may enforce those rules by injunction, mandatory injunction, or |
|
other appropriate remedies in court. |
|
(b) In addition to the rules adopted under Subsection (a), |
|
the board may: |
|
(1) adopt and enforce rules as provided by Chapter 36, |
|
Water Code; and |
|
(2) adopt rules necessary for the exercise of district |
|
powers and duties under Subchapters H and I, Chapter 49, Water Code. |
|
(Acts 69th Leg., R.S., Ch. 65, Sec. 30.) |
|
Sec. 8845.103. EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in property in the district if the property interest |
|
is necessary to the exercise of the authority conferred by this |
|
chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, but the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. (Acts 69th |
|
Leg., R.S., Ch. 65, Secs. 42(a), (b).) |
|
Sec. 8845.104. CONTROL, STORAGE, AND PRESERVATION OF STORM |
|
WATER AND FLOODWATER. Subject to obtaining the permits required by |
|
law, the district may control, store, and preserve the storm water |
|
and floodwater in the district and the water of the rivers and |
|
streams in the district for: |
|
(1) irrigation of arid land; |
|
(2) prevention of floods and flood damage in the |
|
district; and |
|
(3) domestic, agricultural, and industrial uses. |
|
(Acts 69th Leg., R.S., Ch. 65, Sec. 36.) |
|
Sec. 8845.105. RECLAMATION. The district may: |
|
(1) reclaim land in the district; and |
|
(2) construct works, facilities, and improvements |
|
necessary to accomplish that purpose. (Acts 69th Leg., R.S., Ch. |
|
65, Sec. 37.) |
|
Sec. 8845.106. SOIL CONSERVATION AND IMPROVEMENT. The |
|
district may construct and maintain terraces or other structures on |
|
land in the district and may engage in or promote land treatment |
|
measures for soil conservation and improvement. (Acts 69th Leg., |
|
R.S., Ch. 65, Sec. 38.) |
|
Sec. 8845.107. ACQUISITION OF PROPERTY. The district may |
|
acquire land or other property necessary to carry out this chapter |
|
by gift, grant, devise, lease, purchase, or condemnation. (Acts |
|
69th Leg., R.S., Ch. 65, Sec. 41.) |
|
Sec. 8845.108. SALE AND DISPOSAL OF PROPERTY. Subject to |
|
this chapter and Chapter 36 and Subchapters H and I, Chapter 49, |
|
Water Code, the district may sell or otherwise dispose of land and |
|
other property of the district that is not necessary to carry out |
|
the purpose or powers of the district as determined by the board. |
|
(Acts 69th Leg., R.S., Ch. 65, Sec. 43.) |
|
Sec. 8845.109. IMPROVEMENTS AND FACILITIES. (a) The |
|
district may construct or acquire and improve and maintain works, |
|
facilities, and improvements necessary to carry out the purpose, |
|
powers, and plans of the district. |
|
(b) The district shall construct and acquire works, |
|
facilities, and improvements in the manner provided by Subchapters |
|
H and I, Chapter 49, Water Code. (Acts 69th Leg., R.S., Ch. 65, Sec. |
|
39.) |
|
Sec. 8845.110. INPUT WELLS. The district may drill, equip, |
|
operate, and maintain input wells, pumps, and other facilities to |
|
carry out its purpose and powers under this chapter. (Acts 69th |
|
Leg., R.S., Ch. 65, Sec. 40.) |
|
Sec. 8845.111. STUDIES AND SURVEYS. (a) The board may have |
|
a professional engineer conduct studies and surveys of the |
|
groundwater and surface water supplies in the district and the |
|
facilities available for use in the conservation, preservation, |
|
protection, recharge, and prevention of waste and pollution of |
|
those water resources. |
|
(b) A professional engineer may determine the quantities of |
|
groundwater and surface water available in the district. (Acts |
|
69th Leg., R.S., Ch. 65, Sec. 33.) |
|
Sec. 8845.112. RESEARCH; INFORMATION. The district may |
|
engage in research projects and develop information to be used by |
|
the district in preparing and implementing the district's plans and |
|
in carrying out the district's powers and duties under this |
|
chapter. (Acts 69th Leg., R.S., Ch. 65, Sec. 35.) |
|
Sec. 8845.113. DISTRICT PLANS. (a) The district shall |
|
develop and implement comprehensive plans for the conservation, |
|
preservation, protection, recharge, and prevention of waste and |
|
pollution of groundwater and surface water in the district. |
|
(b) The plans must include all works, facilities, and |
|
improvements necessary to implement the plans and the |
|
specifications for those works, facilities, and improvements. |
|
(Acts 69th Leg., R.S., Ch. 65, Sec. 34.) |
|
Sec. 8845.114. SERVICE OF PROCESS. Service of process in a |
|
suit may be had by serving the general manager. (Acts 69th Leg., |
|
R.S., Ch. 65, Sec. 27(a) (part).) |
|
Sec. 8845.115. PAYMENT OF JUDGMENTS. A court of this state |
|
that renders a money judgment against the district may require the |
|
board to pay the judgment from money in the district depository that |
|
is not dedicated to the payment of any indebtedness of the district. |
|
(Acts 69th Leg., R.S., Ch. 65, Sec. 27(c).) |
|
Sec. 8845.116. CERTAIN PERMIT DENIALS PROHIBITED. If the |
|
district regulates production of groundwater by permit as |
|
authorized by Chapter 36, Water Code, the board may not deny a |
|
permit to drill a well to the owner of land or the owner's heirs, |
|
assigns, and lessees on that land that complies with rules adopted |
|
by the district. (Acts 69th Leg., R.S., Ch. 65, Sec. 32.) |
|
Sec. 8845.117. PROHIBITION: SUPPLY OF WATER. The district |
|
may not contract to or take an action to supply groundwater or |
|
surface water inside or outside the district. (Acts 69th Leg., |
|
R.S., Ch. 65, Sec. 44(a).) |
|
[Sections 8845.118-8845.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8845.151. MAINTENANCE AND OPERATIONS TAX; ELECTION. |
|
(a) The district may annually impose an ad valorem tax on property |
|
in the district for use in maintaining district facilities and |
|
paying district operating expenses. |
|
(b) The district may not impose a maintenance and operations |
|
tax until it is approved by a majority vote of the district voters |
|
voting at an election held for that purpose. |
|
(c) The directors shall publish notice of a maintenance and |
|
operations tax election at least one time in a newspaper or |
|
newspapers that have general circulation in the district. The |
|
notice must be published before the 30th day preceding the date of |
|
the election. |
|
(d) The directors shall declare the result of a maintenance |
|
and operations tax election. (Acts 69th Leg., R.S., Ch. 65, Secs. |
|
6(c), (e) (part), 58(a), (b), (c) (part).) |
|
Sec. 8845.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
|
The board shall hold a public hearing on the annual budget. |
|
(b) Notice of the hearing must be published in a newspaper |
|
or newspapers having general circulation in the district at least |
|
10 days before the date of the hearing. |
|
(c) Any district resident is entitled to be present at and |
|
participate in the hearing. |
|
(d) At the conclusion of the hearing, the board shall act on |
|
the budget and may make changes in the proposed budget that in the |
|
board's judgment the interests of the taxpayers demand. (Acts 69th |
|
Leg., R.S., Ch. 65, Sec. 50.) |
|
Sec. 8845.153. INVESTMENT OF DISTRICT MONEY. (a) District |
|
money may be invested by the board or its authorized representative |
|
in direct or indirect obligations of the United States, the state, |
|
or any political subdivision of the state. |
|
(b) District money may be placed in certificates of deposit |
|
of state or national banks or savings and loan associations in this |
|
state, if that money is secured in the manner provided for the |
|
security of county funds. (Acts 69th Leg., R.S., Ch. 65, Secs. |
|
55(a), (b).) |
|
Sec. 8845.154. ANNUAL AUDIT. The board shall annually have |
|
an audit made of the financial condition of the district. (Acts |
|
69th Leg., R.S., Ch. 65, Sec. 47.) |
|
Sec. 8845.155. BORROWING MONEY. The district may borrow |
|
money for any purpose authorized by this chapter or any combination |
|
of those purposes. (Acts 69th Leg., R.S., Ch. 65, Sec. 57.) |
|
Sec. 8845.156. PROHIBITION ON BONDS. The district may not |
|
issue bonds or impose an ad valorem tax to secure the payment of |
|
bonds. (Acts 69th Leg., R.S., Ch. 65, Sec. 44(b).) |
|
Sec. 8845.157. RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the annual budget or an |
|
amendment to the annual budget. (Acts 69th Leg., R.S., Ch. 65, Sec. 52.) |
|
|
|
CHAPTER 8851. MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8851.001. DEFINITIONS |
|
Sec. 8851.002. NATURE OF DISTRICT |
|
Sec. 8851.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8851.004. DISTRICT TERRITORY |
|
[Sections 8851.005-8851.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8851.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8851.052. ELECTION OF DIRECTORS |
|
Sec. 8851.053. ELECTION DATE |
|
Sec. 8851.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 8851.055. BOARD VACANCY |
|
Sec. 8851.056. COMPENSATION; EXPENSES |
|
[Sections 8851.057-8851.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8851.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8851.102. POWERS AND DUTIES NOT SUBJECT TO STATE |
|
SUPERVISION |
|
Sec. 8851.103. LIMITATION ON RULEMAKING POWER NOT |
|
APPLICABLE |
|
Sec. 8851.104. GROUNDWATER FOR USE OUTSIDE DISTRICT |
|
CHAPTER 8851. MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8851.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Middle Pecos Groundwater |
|
Conservation District. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3; |
|
Acts 77th Leg., R.S., Ch. 1299, Sec. 2; New.) |
|
Sec. 8851.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district created under and essential to |
|
accomplish the purposes of Section 59, Article XVI, Texas |
|
Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part), |
|
(c).) |
|
Sec. 8851.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The |
|
district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.) |
|
Sec. 8851.004. DISTRICT TERRITORY. The district's |
|
boundaries are coextensive with the boundaries of Pecos County |
|
unless the district's territory has been modified under: |
|
(1) Subchapter J, Chapter 36, Water Code; or |
|
(2) other law. (Acts 76th Leg., R.S., Ch. 1331, Sec. |
|
2(a) (part); Acts 77th Leg., R.S., Ch. 1299, Sec. 3; New.) |
|
[Sections 8851.005-8851.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8851.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of 11 directors. |
|
(b) Directors serve staggered four-year terms. (Acts 77th |
|
Leg., R.S., Ch. 1299, Secs. 5(a), (d).) |
|
Sec. 8851.052. ELECTION OF DIRECTORS. (a) Directors are |
|
elected according to the method provided by this section. |
|
(b) One director is elected by the voters of the entire |
|
district. Two directors are elected from each county commissioners |
|
precinct by the voters of that precinct. One director is elected |
|
from Iraan by the voters of that municipality. One director is |
|
elected from Fort Stockton by the voters of that municipality. |
|
(c) A person shall indicate on the application for a place |
|
on the ballot: |
|
(1) the precinct or municipality that the person seeks |
|
to represent; or |
|
(2) that the person seeks to represent the district at |
|
large. |
|
(d) At the first election after the county commissioners |
|
precincts are redrawn under Section 18, Article V, Texas |
|
Constitution, eight new directors are elected to represent the |
|
precincts. The directors shall draw lots to determine which four |
|
directors serve two-year terms and which four directors serve |
|
four-year terms. (Acts 77th Leg., R.S., Ch. 1299, Secs. 6(a), (b), |
|
(d), (e).) |
|
Sec. 8851.053. ELECTION DATE. On the uniform election date |
|
in May of each even-numbered year, the appropriate number of |
|
directors shall be elected. (Acts 77th Leg., R.S., Ch. 1299, Sec. 8 |
|
(part).) |
|
Sec. 8851.054. QUALIFICATIONS FOR OFFICE. (a) To be |
|
qualified to be a candidate for or to serve as director at large, a |
|
person must be a registered voter in the district. |
|
(b) To be qualified to be a candidate for or to serve as |
|
director from a county commissioners precinct, a person must be a |
|
registered voter of that precinct. |
|
(c) To be qualified to be a candidate for or to serve as |
|
director from a municipality, a person must be a registered voter of |
|
that municipality. (Acts 77th Leg., R.S., Ch. 1299, Sec. 6(c).) |
|
Sec. 8851.055. BOARD VACANCY. (a) If there is a vacancy on |
|
the board, the remaining directors shall appoint a director to |
|
serve the remainder of the term. |
|
(b) If at any time there are fewer than three qualified |
|
directors, the Pecos County Commissioners Court shall appoint the |
|
necessary number of persons to fill all the vacancies on the board. |
|
(Acts 77th Leg., R.S., Ch. 1299, Sec. 5(g).) |
|
Sec. 8851.056. COMPENSATION; EXPENSES. A director may not |
|
receive a salary or other compensation for service as a director but |
|
may be reimbursed for actual expenses of attending meetings at the |
|
rate in effect for employees of Pecos County. (Acts 77th Leg., |
|
R.S., Ch. 1299, Sec. 5(h).) |
|
[Sections 8851.057-8851.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8851.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by the general law of this state, |
|
including Chapter 36, Water Code, applicable to groundwater |
|
conservation districts created under Section 59, Article XVI, Texas |
|
Constitution. (Acts 77th Leg., R.S., Ch. 1299, Sec. 4(a) (part).) |
|
Sec. 8851.102. POWERS AND DUTIES NOT SUBJECT TO STATE |
|
SUPERVISION. The rights, powers, privileges, functions, and duties |
|
of the district are not subject to the continuing right of |
|
supervision of the state through the Texas Commission on |
|
Environmental Quality. (Acts 77th Leg., R.S., Ch. 1299, Sec. |
|
4(d).) |
|
Sec. 8851.103. LIMITATION ON RULEMAKING POWER NOT |
|
APPLICABLE. Section 36.121, Water Code, does not apply to the |
|
district. (Acts 77th Leg., R.S., Ch. 1299, Sec. 4(c).) |
|
Sec. 8851.104. GROUNDWATER FOR USE OUTSIDE DISTRICT. (a) |
|
The district may not impose a rule on the production of groundwater |
|
for use outside the district that is in addition to the rules the |
|
district imposes on the production of groundwater for use inside |
|
the district. |
|
(b) In addition to other fees assessed by the district, the |
|
district may assess a fee on groundwater transferred out of the |
|
district in an amount not to exceed 10 percent of the amount of the |
|
fee assessed for the production of water for use in the district. (Acts 77th Leg., R.S., Ch. 1299, Secs. 4(e), (f).) |
|
|
|
CHAPTER 8854. REFUGIO GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8854.001. DEFINITIONS |
|
Sec. 8854.002. NATURE OF DISTRICT |
|
Sec. 8854.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8854.004. DISTRICT TERRITORY |
|
[Sections 8854.005-8854.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8854.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8854.052. ELECTION OF DIRECTORS |
|
Sec. 8854.053. ELECTION DATE |
|
Sec. 8854.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 8854.055. APPOINTMENT ON FAILURE TO QUALIFY |
|
[Sections 8854.056-8854.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8854.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8854.102. AUTHORITY TO SET FEES |
|
CHAPTER 8854. REFUGIO GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8854.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Refugio Groundwater |
|
Conservation District. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3; |
|
Acts 77th Leg., R.S., Ch. 966, Sec. 3.0902; Acts 77th Leg., R.S., |
|
Ch. 1314, Sec. 2; New.) |
|
Sec. 8854.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district created under and essential to |
|
accomplish the purposes of Section 59, Article XVI, Texas |
|
Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part), |
|
(c).) |
|
Sec. 8854.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The |
|
district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.) |
|
Sec. 8854.004. DISTRICT TERRITORY. The district's |
|
boundaries are coextensive with the boundaries of Refugio County |
|
unless the district's territory has been modified under: |
|
(1) Subchapter J, Chapter 36, Water Code; or |
|
(2) other law. (Acts 76th Leg., R.S., Ch. 1331, Sec. |
|
2(a) (part); Acts 77th Leg., R.S., Ch. 966, Sec. 3.0903; Acts 77th |
|
Leg., R.S., Ch. 1314, Sec. 3; New.) |
|
[Sections 8854.005-8854.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8854.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 77th |
|
Leg., R.S., Ch. 966, Secs. 3.0905(a), (d); Acts 77th Leg., R.S., Ch. |
|
1314, Secs. 6(a), (d).) |
|
Sec. 8854.052. ELECTION OF DIRECTORS. (a) Directors are |
|
elected according to the commissioners precinct method as provided |
|
by this section. |
|
(b) One director is elected by the voters of the entire |
|
district. One director is elected from each county commissioners |
|
precinct by the voters of that precinct. |
|
(c) A person shall indicate on the application for a place |
|
on the ballot: |
|
(1) the precinct that the person seeks to represent; |
|
or |
|
(2) that the person seeks to represent the district at |
|
large. |
|
(d) When the boundaries of the county commissioners |
|
precincts are changed, each director in office on the effective |
|
date of the change or elected to a term of office beginning on or |
|
after the effective date of the change serves in the precinct to |
|
which the director was elected for the entire term to which the |
|
director was elected, even though the change in boundaries places |
|
the person's residence outside the precinct for which the person |
|
was elected. (Acts 77th Leg., R.S., Ch. 966, Secs. 3.0906(a), (b), |
|
(d), (e); Acts 77th Leg., R.S., Ch. 1314, Secs. 7(a), (b), (d).) |
|
Sec. 8854.053. ELECTION DATE. On the uniform election date |
|
in November of each even-numbered year, the appropriate number of |
|
directors shall be elected. (Acts 77th Leg., R.S., Ch. 966, Sec. |
|
3.0908(b); Acts 77th Leg., R.S., Ch. 1314, Sec. 9(b).) |
|
Sec. 8854.054. QUALIFICATIONS FOR OFFICE. (a) To be |
|
qualified to be a candidate for or to serve as director at large, a |
|
person must be a registered voter in the district. |
|
(b) To be a candidate for or to serve as director from a |
|
county commissioners precinct, a person must be a registered voter |
|
of that precinct, except as provided by Section 8854.052(d). (Acts |
|
77th Leg., R.S., Ch. 966, Sec. 3.0906(c); Acts 77th Leg., R.S., Ch. |
|
1314, Sec. 7(c); New.) |
|
Sec. 8854.055. APPOINTMENT ON FAILURE TO QUALIFY. If a |
|
director fails to qualify for office, the commissioners court shall |
|
appoint a person to fill the vacancy. (Acts 77th Leg., R.S., Ch. |
|
966, Sec. 3.0905(g) (part); Acts 77th Leg., R.S., Ch. 1314, Sec. |
|
6(g) (part).) |
|
[Sections 8854.056-8854.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8854.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by the general law of this state, |
|
including Chapter 36, Water Code, applicable to groundwater |
|
conservation districts created under Section 59, Article XVI, Texas |
|
Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0904 (part); |
|
Acts 77th Leg., R.S., Ch. 1314, Sec. 4(a) (part).) |
|
Sec. 8854.102. AUTHORITY TO SET FEES. (a) In this section, |
|
"agriculture" includes: |
|
(1) cultivating the soil; |
|
(2) producing crops for: |
|
(A) human food; |
|
(B) animal feed; |
|
(C) planting seed; or |
|
(D) the production of fibers; |
|
(3) floriculture, viticulture, silviculture, and |
|
horticulture, including the cultivation of plants in containers or |
|
non-soil media; |
|
(4) raising, feeding, or keeping livestock or other |
|
animals for the production of food or fiber, leather, pelts, or |
|
other tangible products having a commercial value; |
|
(5) wildlife management; |
|
(6) planting cover crops, including cover crops |
|
cultivated for transplantation; and |
|
(7) leaving land idle for the purpose of participating |
|
in any governmental program or normal crop or livestock rotation |
|
procedure. |
|
(b) The district may set and collect fees for all services |
|
provided outside the boundaries of the district. The fees may not |
|
unreasonably exceed the cost to the district of providing the |
|
services outside the district. |
|
(c) The district may assess a production fee based on the |
|
amount of water a permit authorizes to be withdrawn from a well or |
|
the amount actually withdrawn. The district may assess a |
|
production fee instead of or in conjunction with any tax otherwise |
|
imposed by the district. The district may use production fee |
|
revenue for any lawful purpose. Production fees may not exceed: |
|
(1) $1 per acre-foot for water used for agriculture; |
|
or |
|
(2) $10 per acre-foot annually for water used for |
|
another purpose. |
|
(d) The district may assess a production fee under |
|
Subsection (c) for water that is: |
|
(1) produced under an exemption under Section 36.117, |
|
Water Code; and |
|
(2) subsequently sold to another person. |
|
(e) Notwithstanding Section 36.117, Water Code, the |
|
district may assess a production fee under Subsection (c) of this |
|
section for any water produced for injection into a geologic |
|
formation for the recovery of oil or natural gas. (Acts 77th Leg., R.S., Ch. 1314, Secs. 5(a), (c), (d), (e), (f).) |
|
|
|
CHAPTER 8857. TEXANA GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8857.001. DEFINITIONS |
|
Sec. 8857.002. NATURE OF DISTRICT |
|
Sec. 8857.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8857.004. DISTRICT TERRITORY |
|
[Sections 8857.005-8857.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8857.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8857.052. ELECTION OF DIRECTORS |
|
Sec. 8857.053. ELECTION DATE |
|
Sec. 8857.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 8857.055. BOARD VACANCY |
|
Sec. 8857.056. COMPENSATION; EXPENSES |
|
[Sections 8857.057-8857.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8857.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8857.102. CONTRACTS WITH OTHER GOVERNMENTAL |
|
ENTITIES |
|
[Sections 8857.103-8857.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8857.151. LIMITATION ON TAXES |
|
CHAPTER 8857. TEXANA GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8857.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Texana Groundwater |
|
Conservation District. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3; |
|
Acts 77th Leg., R.S., Ch. 307, Sec. 2; Acts 77th Leg., R.S., Ch. |
|
966, Sec. 3.1102; New.) |
|
Sec. 8857.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district created under and essential to |
|
accomplish the purposes of Section 59, Article XVI, Texas |
|
Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part), |
|
(c).) |
|
Sec. 8857.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The |
|
district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.) |
|
Sec. 8857.004. DISTRICT TERRITORY. The district's |
|
boundaries are coextensive with the boundaries of Jackson County |
|
unless the district's territory has been modified under: |
|
(1) Subchapter J, Chapter 36, Water Code; or |
|
(2) other law. (Acts 76th Leg., R.S., Ch. 1331, Sec. |
|
2(a) (part); Acts 77th Leg., R.S., Ch. 307, Sec. 3; Acts 77th Leg., |
|
R.S., Ch. 966, Sec. 3.1103; New.) |
|
[Sections 8857.005-8857.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8857.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of seven directors. |
|
(b) Directors serve staggered four-year terms. (Acts 77th |
|
Leg., R.S., Ch. 307, Secs. 5(a), (d); Acts 77th Leg., R.S., Ch. 966, |
|
Secs. 3.1105(a), (d).) |
|
Sec. 8857.052. ELECTION OF DIRECTORS. (a) Directors are |
|
elected according to the commissioners precinct method provided by |
|
this section. |
|
(b) Three directors are elected by the voters of the entire |
|
district. One director is elected from each county commissioners |
|
precinct by the voters of that precinct. |
|
(c) A person shall indicate on the application for a place |
|
on the ballot: |
|
(1) the precinct that the person seeks to represent; |
|
or |
|
(2) that the person seeks to represent the district at |
|
large. |
|
(d) When the boundaries of the county commissioners |
|
precincts are changed, each director in office on the effective |
|
date of the change or elected to a term of office beginning on or |
|
after the effective date of the change serves in the precinct to |
|
which the director was elected for the entire term to which the |
|
director was elected, even though the change in boundaries places |
|
the person's residence outside the precinct for which the person |
|
was elected. (Acts 77th Leg., R.S., Ch. 307, Secs. 6(a), (b), (d); |
|
Acts 77th Leg., R.S., Ch. 966, Secs. 3.1106(a), (b), (d), (e).) |
|
Sec. 8857.053. ELECTION DATE. On the uniform election date |
|
in May of each even-numbered year, the appropriate number of |
|
directors shall be elected. (Acts 77th Leg., R.S., Ch. 307, Sec. |
|
8(b); Acts 77th Leg., R.S., Ch. 966, Sec. 3.1108(b).) |
|
Sec. 8857.054. QUALIFICATIONS FOR OFFICE. (a) To be |
|
qualified to be a candidate for or to serve as director at large, a |
|
person must be a registered voter in the district. |
|
(b) To be a candidate for or to serve as director from a |
|
county commissioners precinct, a person must be a registered voter |
|
of that precinct, except as provided by Section 8857.052(d). (Acts |
|
77th Leg., R.S., Ch. 307, Sec. 6(c); Acts 77th Leg., R.S., Ch. 966, |
|
Sec. 3.1106(c); New.) |
|
Sec. 8857.055. BOARD VACANCY. If there is a vacancy on the |
|
board, the remaining directors shall appoint a director to serve |
|
the remainder of the term. (Acts 77th Leg., R.S., Ch. 307, Sec. |
|
5(g); Acts 77th Leg., R.S., Ch. 966, Sec. 3.1105(g).) |
|
Sec. 8857.056. COMPENSATION; EXPENSES. A director may not |
|
receive a salary or other compensation for service as a director but |
|
may be reimbursed for actual expenses of attending meetings at the |
|
rate in effect for employees of Jackson County. (Acts 77th Leg., |
|
R.S., Ch. 307, Sec. 5(h); Acts 77th Leg., R.S., Ch. 966, Sec. |
|
3.1105(h).) |
|
[Sections 8857.057-8857.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8857.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by the general law of this state, |
|
including Chapter 36, Water Code, applicable to groundwater |
|
conservation districts created under Section 59, Article XVI, Texas |
|
Constitution. (Acts 77th Leg., R.S., Ch. 307, Sec. 4(a) (part); |
|
Acts 77th Leg., R.S., Ch. 966, Sec. 3.1104 (part).) |
|
Sec. 8857.102. CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES. |
|
(a) The district may contract with other governmental entities. |
|
(b) The district may contract with other governmental |
|
entities, including a river authority in the district, to perform |
|
district functions. |
|
(c) A river authority that contracts with the district under |
|
Subsection (b) may perform district functions as provided by the |
|
contract. (Acts 77th Leg., R.S., Ch. 307, Sec. 10; Acts 77th Leg., |
|
R.S., Ch. 966, Sec. 3.1110.) |
|
[Sections 8857.103-8857.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8857.151. LIMITATION ON TAXES. The district may not |
|
impose an ad valorem tax at a rate that exceeds two cents on each |
|
$100 valuation of taxable property in the district. (Acts 77th |
|
Leg., R.S., Ch. 307, Sec. 9; Acts 77th Leg., R.S., Ch. 966, Sec. |
|
3.1109.) |
|
SECTION 1.04. Title 6, Special District Local Laws Code, is |
|
amended by adding Subtitle M to read as follows: |
|
SUBTITLE M. WATER POWER CONTROL DISTRICTS |
|
CHAPTER 9701. RED BLUFF WATER POWER CONTROL DISTRICT: TRANSFER OF |
|
FUNDS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9701.001. DEFINITIONS |
|
Sec. 9701.002. NATURE OF DISTRICT |
|
Sec. 9701.003. MEMBER DISTRICTS |
|
[Sections 9701.004-9701.150 reserved for expansion] |
|
SUBCHAPTER B. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9701.151. USE OF MONEY |
|
Sec. 9701.152. ALLOCATION OF EARNED INTEREST |
|
Sec. 9701.153. INVESTMENT AND EXPENDITURE OF PRINCIPAL |
|
Sec. 9701.154. ANNUAL ACCOUNTING |
|
SUBTITLE M. WATER POWER CONTROL DISTRICTS |
|
CHAPTER 9701. RED BLUFF WATER POWER CONTROL DISTRICT: TRANSFER OF |
|
FUNDS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9701.001. DEFINITIONS. In this chapter: |
|
(1) "Member district" means a district listed as a |
|
member of the Red Bluff District in Section 9701.003. |
|
(2) "Principal amount" means the amount of $13.8 |
|
million, representing the amount received by this state by order of |
|
the United States Supreme Court in the case of Texas v. New Mexico |
|
(494 U.S. 111 (1990)) and deposited to the credit of the Pecos River |
|
compact account established by Section 1, Chapter 3, Acts of the |
|
71st Legislature, 5th Called Session, 1990. |
|
(3) "Red Bluff District" means the Red Bluff Water |
|
Power Control District. (Acts 72nd Leg., 1st C.S., Ch. 4, Secs. |
|
10.01(3) (part), (4), (5), (6) (part).) |
|
Sec. 9701.002. NATURE OF DISTRICT. The Red Bluff District |
|
is a water power control district created under Chapter 76, General |
|
Laws, Acts of the 43rd Legislature, Regular Session, 1933 (Article |
|
7807d, Vernon's Texas Civil Statutes). (Acts 72nd Leg., 1st C.S., |
|
Ch. 4, Sec. 10.01(6) (part).) |
|
Sec. 9701.003. MEMBER DISTRICTS. The Red Bluff District is |
|
composed of the following member districts: |
|
(1) Loving County Water Improvement District No. 1; |
|
(2) Reeves County Water Improvement District No. 2; |
|
(3) Ward County Irrigation District No. 3; |
|
(4) Ward County Irrigation District No. 1; |
|
(5) Ward County Water Improvement District No. 2; |
|
(6) Pecos County Water Improvement District No. 2; and |
|
(7) Pecos County Water Improvement District No. 3. |
|
(Acts 72nd Leg., 1st C.S., Ch. 4, Sec. 10.01(3).) |
|
[Sections 9701.004-9701.150 reserved for expansion] |
|
SUBCHAPTER B. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9701.151. USE OF MONEY. (a) The money received by the |
|
Red Bluff District under Chapter 4, Acts of the 72nd Legislature, |
|
1st Called Session, 1991, and any interest earned on the money, may |
|
be used by the Red Bluff District or a member district only for |
|
agricultural or irrigation projects, including an associated water |
|
quality improvement project that affects surface water irrigators |
|
in Loving, Pecos, Reeves, or Ward County. |
|
(b) A project authorized under Subsection (a) may include: |
|
(1) the operation of the Red Bluff District or a member |
|
district; and |
|
(2) the maintenance of a water supply reservoir, |
|
associated downstream diversion facility, or internal distribution |
|
system of the Red Bluff District or a member district. (Acts 72nd |
|
Leg., 1st C.S., Ch. 4, Sec. 10.03.) |
|
Sec. 9701.152. ALLOCATION OF EARNED INTEREST. The Red |
|
Bluff District shall annually distribute interest earned on the |
|
principal amount as follows: |
|
(1) one-third to the Red Bluff District; and |
|
(2) two-thirds to the member districts, to be |
|
allocated among the member districts in the same percentages as |
|
each member district's pro rata share of water under the master |
|
contract between the Red Bluff District and the member districts |
|
dated March 8, 1934. (Acts 72nd Leg., 1st C.S., Ch. 4, Secs. |
|
10.01(2), 10.04(a), (d).) |
|
Sec. 9701.153. INVESTMENT AND EXPENDITURE OF PRINCIPAL. |
|
(a) The Red Bluff District shall invest the principal amount in |
|
accordance with Chapter 2256, Government Code. |
|
(b) The Red Bluff District shall comply with Chapter 2257, |
|
Government Code, to the extent applicable. |
|
(c) The Red Bluff District may not spend any portion of the |
|
principal amount unless the expenditure is approved by an |
|
affirmative vote of: |
|
(1) the board of directors of the Red Bluff District; |
|
and |
|
(2) the boards of directors of at least five member |
|
districts. (Acts 72nd Leg., 1st C.S., Ch. 4, Secs. 10.04(c), (e).) |
|
Sec. 9701.154. ANNUAL ACCOUNTING. The Red Bluff District |
|
shall provide to each member district and the Texas Water |
|
Development Board an annual accounting of the Red Bluff District's |
|
administration of money under this chapter and of the amount of |
|
interest earned. (Acts 72nd Leg., 1st C.S., Ch. 4, Secs. 10.01(1), |
|
10.05.) |
|
ARTICLE 2. CONFORMING AMENDMENTS |
|
SECTION 2.01. Subsection (a), Section 1, Chapter 1331, Acts |
|
of the 76th Legislature, Regular Session, 1999, is amended to read |
|
as follows: |
|
(a) The following groundwater conservation districts are |
|
created: |
|
(1) [Cow Creek Groundwater Conservation District;
|
|
[(2) Brazos Valley Groundwater Conservation District;
|
|
[(3)] Crossroads Groundwater Conservation District; |
|
(2) [(4)
Hays Trinity Groundwater Conservation
|
|
District;
|
|
[(5)] McMullen Groundwater Conservation District; |
|
(3) [(6)
Middle Pecos Groundwater Conservation
|
|
District;
|
|
[(7)] Red Sands Groundwater Conservation District; |
|
and |
|
(4) [(8) Refugio Groundwater Conservation District;
|
|
[(9)] Southeast Trinity Groundwater Conservation |
|
District[; and
|
|
[(10) Texana Groundwater Conservation District]. |
|
SECTION 2.02. Subsection (a), Section 2, Chapter 1331, Acts |
|
of the 76th Legislature, Regular Session, 1999, is amended to read |
|
as follows: |
|
(a) The boundaries of the following groundwater |
|
conservation districts are coextensive with county boundaries as |
|
follows: |
|
(1) [the boundaries of the Cow Creek Groundwater
|
|
Conservation District are coextensive with the boundaries of
|
|
Kendall County;
|
|
[(2)
the boundaries of the Brazos Valley Groundwater
|
|
Conservation District are coextensive with the boundaries of
|
|
Robertson and Brazos Counties;
|
|
[(3)] the boundaries of the Crossroads Groundwater |
|
Conservation District are coextensive with the boundaries of |
|
Victoria County; and |
|
(2) [(4)] the boundaries of the McMullen Groundwater |
|
Conservation District are coextensive with the boundaries of |
|
McMullen County[;
|
|
[(5)
the boundaries of the Middle Pecos Groundwater
|
|
Conservation District are coextensive with the boundaries of Pecos
|
|
County;
|
|
[(6)
the boundaries of the Refugio Groundwater
|
|
Conservation District are coextensive with the boundaries of
|
|
Refugio County; and
|
|
[(7)
the boundaries of the Texana Groundwater
|
|
Conservation District are coextensive with the boundaries of
|
|
Jackson County]. |
|
ARTICLE 3. REPEALERS |
|
SECTION 3.01. The following statutes are repealed: |
|
(1) Chapter 38, Acts of the 60th Legislature, Regular |
|
Session, 1967; |
|
(2) Chapter 1017, Acts of the 70th Legislature, |
|
Regular Session, 1987; |
|
(3) Chapter 183, Acts of the 60th Legislature, Regular |
|
Session, 1967; |
|
(4) Chapter 431, Acts of the 60th Legislature, Regular |
|
Session, 1967; |
|
(5) Article 3, Chapter 132, Acts of the 74th |
|
Legislature, Regular Session, 1995; |
|
(6) Chapter 548, Acts of the 71st Legislature, Regular |
|
Session, 1989; |
|
(7) Chapter 54, Acts of the 58th Legislature, Regular |
|
Session, 1963; |
|
(8) Chapter 470, Acts of the 61st Legislature, Regular |
|
Session, 1969; |
|
(9) Chapter 200, Acts of the 62nd Legislature, Regular |
|
Session, 1971; |
|
(10) Chapter 1047, Acts of the 68th Legislature, |
|
Regular Session, 1983; |
|
(11) Chapter 135, Acts of the 58th Legislature, |
|
Regular Session, 1963; |
|
(12) Chapter 16, Acts of the 59th Legislature, Regular |
|
Session, 1965; |
|
(13) Chapter 1055, Acts of the 68th Legislature, |
|
Regular Session, 1983; |
|
(14) Chapter 653, Acts of the 59th Legislature, |
|
Regular Session, 1965; |
|
(15) Sections 2 and 3, Chapter 838, Acts of the 66th |
|
Legislature, Regular Session, 1979; |
|
(16) Chapter 24, Acts of the 72nd Legislature, Regular |
|
Session, 1991; |
|
(17) Chapter 422, Acts of the 60th Legislature, |
|
Regular Session, 1967; |
|
(18) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Chapter 265, Acts |
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of the 67th Legislature, Regular Session, 1981; and |
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(19) Chapter 848, Acts of the 62nd Legislature, |
|
Regular Session, 1971. |
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SECTION 3.02. The following statutes are repealed: |
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(1) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, |
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15, and 16, Chapter 472, Acts of the 69th Legislature, Regular |
|
Session, 1985; |
|
(2) Chapter 201, Acts of the 64th Legislature, Regular |
|
Session, 1975; |
|
(3) Sections 3, 4, and 5, Chapter 588, Acts of the 71st |
|
Legislature, Regular Session, 1989; |
|
(4) Sections 1, 2, 4, 5, 6, 7, 8, 9, and 10, Chapter |
|
1066, Acts of the 75th Legislature, Regular Session, 1997; |
|
(5) Section 7, Chapter 1141, Acts of the 76th |
|
Legislature, Regular Session, 1999; |
|
(6) Sections 3 and 4, Chapter 410, Acts of the 81st |
|
Legislature, Regular Session, 2009; |
|
(7) Part 13, Article 3, Chapter 966, Acts of the 77th |
|
Legislature, Regular Session, 2001; |
|
(8) Article 2, Chapter 1307, Acts of the 77th |
|
Legislature, Regular Session, 2001; |
|
(9) Part 1, Article 3, Chapter 966, Acts of the 77th |
|
Legislature, Regular Session, 2001; |
|
(10) Chapter 1349, Acts of the 77th Legislature, |
|
Regular Session, 2001; |
|
(11) Sections 4 and 5, Chapter 1064, Acts of the 81st |
|
Legislature, Regular Session, 2009; |
|
(12) Chapter 1352, Acts of the 77th Legislature, |
|
Regular Session, 2001; |
|
(13) Sections 9 and 10, Chapter 192, Acts of the 80th |
|
Legislature, Regular Session, 2007; |
|
(14) Chapter 1359, Acts of the 77th Legislature, |
|
Regular Session, 2001; |
|
(15) Section 2, Chapter 12, Acts of the 81st |
|
Legislature, Regular Session, 2009; |
|
(16) Subsection (b), Section 2, Chapter 1331, Acts of |
|
the 76th Legislature, Regular Session, 1999; |
|
(17) Part 3, Article 3, Chapter 966, Acts of the 77th |
|
Legislature, Regular Session, 2001; |
|
(18) Chapter 65, Acts of the 69th Legislature, Regular |
|
Session, 1985; |
|
(19) Sections 13 and 14, Chapter 113, Acts of the 81st |
|
Legislature, Regular Session, 2009; |
|
(20) Chapter 1299, Acts of the 77th Legislature, |
|
Regular Session, 2001; |
|
(21) Part 9, Article 3, Chapter 966, Acts of the 77th |
|
Legislature, Regular Session, 2001; |
|
(22) Chapter 1314, Acts of the 77th Legislature, |
|
Regular Session, 2001; |
|
(23) Chapter 307, Acts of the 77th Legislature, |
|
Regular Session, 2001; |
|
(24) Part 11, Article 3, Chapter 966, Acts of the 77th |
|
Legislature, Regular Session, 2001; and |
|
(25) Article 10, Chapter 4, Acts of the 72nd |
|
Legislature, 1st Called Session, 1991. |
|
ARTICLE 4. GENERAL MATTERS |
|
SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE. |
|
This Act is enacted under Section 43, Article III, Texas |
|
Constitution. This Act is intended as a codification only, and no |
|
substantive change in the law is intended by this Act. This Act |
|
does not increase or decrease the territory of any special district |
|
of the state as those boundaries exist on the effective date of this |
|
Act. |
|
SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS |
|
LAW. (a) The repeal of a law, including a validating law, by this |
|
Act does not remove, void, or otherwise affect in any manner a |
|
validation under the repealed law. The validation is preserved and |
|
continues to have the same effect that it would have if the law were |
|
not repealed. |
|
(b) Subsection (a) of this section does not diminish the |
|
saving provisions prescribed by Section 311.031, Government Code. |
|
SECTION 4.03. EFFECTIVE DATE. This Act takes effect April |
|
1, 2013. |