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A BILL TO BE ENTITLED
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AN ACT
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relating to the dissolution of the Cisco Hospital District; |
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authorizing the imposition of a tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 30, Acts of the 59th Legislature, |
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Regular Session, 1965, is amended by adding Section 7A to read as |
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follows: |
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Sec. 7A. (a) The District may be dissolved only on approval |
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of a majority of the voters of the District voting in an election |
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held for that purpose. |
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(b) The board of directors of the District may order an |
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election on the question of dissolving the District and disposing |
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of the assets and obligations of the District. |
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(c) The board of directors shall order an election if the |
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board receives a petition requesting an election that is signed by |
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at least 15 percent of the registered voters in the District. |
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(d) The order calling the election must state: |
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(1) the nature of the election, including the |
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proposition to appear on the ballot; |
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(2) the date of the election; |
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(3) the hours during which the polls will be open; and |
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(4) the location of the polling places. |
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(e) The board of directors shall give notice of an election |
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under this section by publishing once a week for two consecutive |
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weeks a substantial copy of the election order in a newspaper with |
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general circulation in the District. |
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(f) The first publication of the notice must appear not |
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later than the 35th day before the date set for the election. |
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(g) The ballot for an election under this section must be |
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printed to permit voting for or against the proposition: "The |
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dissolution of the Cisco Hospital District." |
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(h) If a majority of the votes in an election under this |
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section favor dissolution, the board of directors shall find that |
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the District is dissolved. |
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(i) If a majority of the votes in the election do not favor |
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dissolution, the board of directors shall continue to administer |
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the District and another election on the question of dissolution |
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may not be held before the first anniversary of the most recent |
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election to dissolve the District. |
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(j) If a majority of the votes in the election under this |
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section favor dissolution, the board of directors shall: |
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(1) transfer the land, buildings, improvements, |
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equipment, and other assets that belong to the District to Eastland |
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County or another governmental entity in Eastland County; |
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(2) sell the assets and liabilities to another person; |
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or |
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(3) administer the property, assets, and debts until |
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all money has been disposed of and all debts of the District have |
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been paid or settled. |
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(k) If the District makes the transfer under Subsection |
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(j)(1) of this section, the county or entity assumes all debts and |
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obligations of the District at the time of the transfer, and the |
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District is dissolved. |
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(l) If Subsections (j)(1) and (2) of this section do not |
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apply and the board of directors administers the property, assets, |
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and debts under Subsection (j)(3) of this section, the District is |
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dissolved when all money is disposed of and all District debts have |
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been paid or settled. |
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(m) The sale or transfer of the District's assets and |
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liabilities must satisfy the debt and bond obligations of the |
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District in a manner that protects the interests of the residents of |
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the District, including the residents' collective property rights |
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in the District's assets. |
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(n) The District may not transfer or dispose of the |
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District's assets except for due compensation unless: |
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(1) the transfer is made to a governmental agency that |
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serves the District; and |
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(2) the transferred assets are to be used for the |
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benefit of the residents of the District. |
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(o) After the board of directors finds that the District is |
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dissolved, the board shall: |
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(1) determine the debt owed by the District; and |
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(2) impose on the property included in the District's |
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tax rolls a tax that is in proportion of the debt to the property |
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value. |
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(p) On payment of all outstanding debts and obligations of |
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the District, the board of directors shall order the secretary to |
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return to each taxpayer of the District the taxpayer's pro rata |
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share of all unused tax money. |
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(q) A taxpayer may request that the taxpayer's share of |
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surplus tax money be credited to the taxpayer's county taxes. If a |
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taxpayer requests the credit, the board of directors shall direct |
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the secretary to transmit the money to the county tax |
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assessor-collector. |
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(r) After the District has paid all debts of the District |
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and has disposed of all money and other assets of the District as |
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prescribed by this section, the board of directors shall file a |
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written report with the Commissioners Court of Eastland County |
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summarizing the board's actions in dissolving the District. |
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(s) Not later than the 10th day after the date the |
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Commissioners Court of Eastland County receives the report and |
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determines that the requirements of this section have been |
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fulfilled, the commissioners court shall enter an order dissolving |
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the District and releasing the board of directors from any further |
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duty or obligation. |
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(t) If all positions on the board of directors of the |
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District are vacant, the county judge of Eastland County has all the |
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powers and duties otherwise provided by law to the board of |
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directors of the District. |
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SECTION 2. All proceedings, resolutions, orders, and other |
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acts or attempted acts of the board of directors of the Cisco |
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Hospital District relating to the intended dissolution of the |
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district and the sale or transfer of any district assets and |
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liabilities pursuant to the intended dissolution of the district |
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occurring before the effective date of this Act are validated in all |
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respects as of the dates they occurred and may not be held invalid |
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because they were not performed in accordance with law. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |