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SECTION 1. Chapter 30, Acts
of the 59th Legislature, Regular Session, 1965, is amended by adding
Section 7A to read as follows:
Sec. 7A. (a) The
District may be dissolved only on approval of a majority of the voters of
the District voting in an election held for that purpose.
(b) The board of
directors of the District may order an election on the question of
dissolving the District and disposing of the assets and obligations of the
District.
(c) The board of
directors shall order an election if the board receives a petition
requesting an election that is signed by at least 15 percent of the
registered voters in the District.
(d) The order calling the
election must state:
(1) the nature of the
election, including the proposition to appear on the ballot;
(2) the date of the
election;
(3) the hours during
which the polls will be open; and
(4) the location of the
polling places.
(e) Section 41.001(a), Election Code, does not apply to an election
ordered under this section.
(f) The board of
directors shall give notice of an election under this section 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.
(g) The first publication
of the notice must appear not later than the 35th day before the date set
for the election.
(h) The ballot for an
election under this section must be printed to permit voting for or against
the proposition: "The dissolution of the Cisco Hospital
District."
(i) If a majority of the votes
in an election under this section favor dissolution, the board of directors
shall find that the District is dissolved.
(j) If a majority of the
votes in the election do not favor dissolution, the board of directors
shall continue to administer the District and another election on the
question of dissolution may not be held before the first anniversary of the
most recent election to dissolve the District.
(k) If a majority of the
votes in the election under this section favor dissolution, the board of
directors shall:
(1) transfer the land,
buildings, improvements, equipment, and other assets that belong to the
District to Eastland County or another governmental entity in Eastland
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
debts of the District have been paid or settled.
(l) If the District makes
the transfer under Subsection (k)(1) of this section, the county or entity
assumes all debts and obligations of the District at the time of the
transfer, and the District is dissolved.
(m) If Subsections (k)(1)
and (2) of this section do not apply and the board of directors administers
the property, assets, and debts under Subsection (k)(3) of this section,
the District is dissolved when all money is disposed of and all District
debts have been paid or settled.
(n) 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 the
residents of the District, including the residents' collective property
rights in the District's assets.
(o) The District may not
transfer or dispose of the District's assets except for due compensation
unless:
(1) the transfer is made
to a governmental agency that serves the District; and
(2) the transferred
assets are to be used for the benefit of the residents of the District.
(p) After the board of
directors 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.
(q) On payment of all
outstanding debts and obligations of the District, the board of directors
shall order the secretary to return to each taxpayer of the District the
taxpayer's pro rata share of all unused tax money.
(r) 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 of
directors shall direct the secretary to transmit the money to the county
tax assessor-collector.
(s) After the District
has paid all debts of the District and has disposed of all money and other
assets of the District as prescribed by this section, the board of
directors shall file a written report with the Commissioners Court of
Eastland County summarizing the board's actions in dissolving the District.
(t) Not later than the
10th day after the date the Commissioners Court of Eastland County receives
the report and determines that the requirements of this section have been
fulfilled, the commissioners court shall enter an order dissolving the
District and releasing the board of directors from any further duty or
obligation.
(u) If all positions on
the board of directors of the District are vacant, the county judge of
Eastland County has all the powers and duties otherwise provided by law to
the board of directors of the District.
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SECTION 1. Chapter 30, Acts
of the 59th Legislature, Regular Session, 1965, is amended by adding
Section 7A to read as follows:
Sec. 7A. (a) The
District may be dissolved only on approval of a majority of the voters of
the District voting in an election held for that purpose.
(b) The board of
directors of the District may order an election on the question of
dissolving the District and disposing of the assets and obligations of the
District.
(c) The board of
directors shall order an election if the board receives a petition
requesting an election that is signed by at least 15 percent of the
registered voters in the District.
(d) The order calling the
election must state:
(1) the nature of the
election, including the proposition to appear on the ballot;
(2) the date of the
election;
(3) the hours during
which the polls will be open; and
(4) the location of the
polling places.
(e) The board of
directors shall give notice of an election under this section 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.
(f) The first publication
of the notice must appear not later than the 35th day before the date set
for the election.
(g) The ballot for an
election under this section must be printed to permit voting for or against
the proposition: "The dissolution of the Cisco Hospital
District."
(h) If a majority of the
votes in an election under this section favor dissolution, the board of
directors shall find that the District is dissolved.
(i) If a majority of the
votes in the election do not favor dissolution, the board of directors
shall continue to administer the District and another election on the
question of dissolution may not be held before the first anniversary of the
most recent election to dissolve the District.
(j) If a majority of the
votes in the election under this section favor dissolution, the board of
directors shall:
(1) transfer the land,
buildings, improvements, equipment, and other assets that belong to the
District to Eastland County or another governmental entity in Eastland
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
debts of the District have been paid or settled.
(k) If the District makes
the transfer under Subsection (j)(1) of this section, the county or entity
assumes all debts and obligations of the District at the time of the
transfer, and the District is dissolved.
(l) If Subsections (j)(1)
and (2) of this section do not apply and the board of directors administers
the property, assets, and debts under Subsection (j)(3) of this section,
the District is dissolved when all money is disposed of and all District
debts have been paid or settled.
(m) 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 the
residents of the District, including the residents' collective property rights
in the District's assets.
(n) The District may not
transfer or dispose of the District's assets except for due compensation
unless:
(1) the transfer is made
to a governmental agency that serves the District; and
(2) the transferred
assets are to be used for the benefit of the residents of the District.
(o) After the board of
directors 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.
(p) On payment of all
outstanding debts and obligations of the District, the board of directors
shall order the secretary to return to each taxpayer of the District the
taxpayer's pro rata share of all unused tax money.
(q) 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 of
directors shall direct the secretary to transmit the money to the county
tax assessor-collector.
(r) After the District
has paid all debts of the District and has disposed of all money and other
assets of the District as prescribed by this section, the board of
directors shall file a written report with the Commissioners Court of
Eastland County summarizing the board's actions in dissolving the District.
(s) Not later than the
10th day after the date the Commissioners Court of Eastland County receives
the report and determines that the requirements of this section have been
fulfilled, the commissioners court shall enter an order dissolving the
District and releasing the board of directors from any further duty or
obligation.
(t) If all positions on
the board of directors of the District are vacant, the county judge of
Eastland County has all the powers and duties otherwise provided by law to
the board of directors of the District.
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