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BILL ANALYSIS

 

 

 

C.S.H.B. 1237

By: Keffer

County Affairs

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Observers note that the Eastland Memorial Hospital District is currently the only hospital servicing Eastland County and that there is a need to provide for expansion of the district's territory and to amend notice requirements regarding an election of district directors. C.S.H.B. 1237 seeks to address these issues by authorizing the district's expansion and amending election notice requirements.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 1237 amends the Special District Local Laws Code to require notice of an election of directors of the Eastland Memorial Hospital District to be published in a newspaper with general circulation in the district in accordance with Election Code provisions relating to methods of giving notice of an election, rather than to require notice of an election of such directors to be published one time in such a newspaper not earlier than 30 days or later than 10 days before the election date.

 

C.S.H.B. 1237 authorizes the Eastland Memorial Hospital District to expand its territory in the manner provided by Health and Safety Code provisions relating to the expansion of the territory of a hospital district created by voter approval. The bill requires the district's board of directors to hold an election regarding such expansion on the first uniform election date that allows the board sufficient time to comply with applicable requirements of law.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 1237 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Sections 1023.004 and 1023.052, Special District Local Laws Code, are amended to read as follows:

Sec. 1023.004.  DISTRICT TERRITORY.  The district is composed of the territory described by Section 1.03, Chapter 221, Acts of the 71st Legislature, Regular Session, 1989, unless the boundaries of the district are expanded under Subchapter H or other applicable law.

Sec. 1023.052.  NOTICE OF ELECTION. Notice [Not earlier than 30 days or later than 10 days before the date] of an election of directors[, notice of the election] shall be published in accordance with Section 4.003, Election Code, [one time] in a newspaper with general circulation in the district.

 

SECTION 1. Same as introduced version.

 

 

SECTION 2.  Chapter 1023, Special District Local Laws Code, is amended by adding Subchapter H to read as follows:

SUBCHAPTER H. EXPANSION OF DISTRICT TERRITORY

Sec. 1023.401.  EXPANSION OF DISTRICT TERRITORY.  The district may expand its territory in the manner provided by Section 286.101, Health and Safety Code, for the expansion of the territory of a hospital district created under Chapter 286, Health and Safety Code. Section 41.001(a), Election Code, does not apply to an election held under this section.

 

SECTION 2.  Chapter 1023, Special District Local Laws Code, is amended by adding Subchapter H to read as follows:

SUBCHAPTER H. EXPANSION OF DISTRICT TERRITORY

Sec. 1023.401.  EXPANSION OF DISTRICT TERRITORY.  (a) The district may expand its territory in the manner provided by Section 286.101, Health and Safety Code, for the expansion of the territory of a hospital district created under Chapter 286, Health and Safety Code.

 

 

(b)  The board shall hold an election under this section on the first uniform election date that allows the board sufficient time to comply with applicable requirements of law.

 

SECTION 3.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.

 

SECTION 3. Same as introduced version.