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A BILL TO BE ENTITLED
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AN ACT
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relating to the Seminole Hospital District of Gaines County, Texas, |
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and to the fiscal year of the Dallam-Hartley Counties Hospital |
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District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1018.155(b), Special District Local Laws |
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Code, is amended to read as follows: |
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(b) The fiscal year may not be changed[:
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[(1)
during the time revenue bonds of the district are
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outstanding; or
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[(2)] more than once in a 24-month period. |
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SECTION 2. Section 1094.051, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1094.051. BOARD ELECTION; TERM. (a) The board |
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consists of four directors elected from single-member districts and |
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three [seven] directors elected from the district at large. |
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(b) Directors [Unless four-year terms are established under
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Section
285.081, Health and Safety Code, directors] serve staggered |
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three-year [two-year] terms. |
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SECTION 3. Section 1094.052, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1094.052. NOTICE OF ELECTION. Notice [At least 10 days
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before the date] of an election of directors[, notice of the
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election] shall be published in accordance with Section 4.003, |
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Election Code, [one time] in a newspaper of general circulation in |
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Gaines County. |
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SECTION 4. Section 1094.053, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1094.053. BALLOT APPLICATION [PETITION]. A person who |
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wants to have the person's name printed on the ballot as a candidate |
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for director must file with the board secretary an application in |
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accordance with Chapter 144, Election Code [a petition requesting
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that action. The petition must be:
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[(1) signed by at least 25 voters; and
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[(2)
filed at least 25 days before the date of the
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election]. |
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SECTION 5. Section 1094.103, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1094.103. OVERSIGHT AND [MANAGEMENT,] CONTROL[, AND
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ADMINISTRATION]. The board shall oversee and [manage,] control[,
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and administer] the hospital system and the district's money and |
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resources. |
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SECTION 6. Section 1094.110, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1094.110. CONSTRUCTION [OR PURCHASE] CONTRACTS. A |
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construction [or purchase] contract that involves the expenditure |
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of more than the amount provided by Section 271.024, Local |
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Government Code, [$2,000] may be made only after advertising in the |
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manner provided by Subchapter B, Chapter 271 [Chapter 252 and
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Subchapter C, Chapter 262], Local Government Code. |
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SECTION 7. Sections 1094.202(c) and (d), Special District |
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Local Laws Code, are amended to read as follows: |
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(c) Any resident [property taxpayer] of the district is |
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entitled to be present and participate at the hearing. |
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(d) At the conclusion of the hearing, the board shall adopt |
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a budget by acting on the budget proposed by the district |
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administrator. The board may make any changes in the proposed |
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budget that the board judges to be in the interest of the residents |
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of the district [taxpayers] and that the law warrants. |
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SECTION 8. Section 1094.205, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1094.205. FISCAL YEAR. (a) The district operates |
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according to a fiscal year that begins on October 1 and ends on |
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September 30, or as established by the board. |
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(b) The fiscal year may not be changed if revenue bonds of |
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the district are outstanding or more than once in a 24-month period. |
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SECTION 9. Section 1094.209(a), Special District Local Laws |
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Code, is amended to read as follows: |
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(a) The board shall select one or more banks [in the
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district] to serve as a depository for district money. |
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SECTION 10. Section 1094.253(b), Special District Local |
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Laws Code, is amended to read as follows: |
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(b) The order calling the election shall provide for clerks |
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as in county elections and must specify: |
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(1) the date of the election; |
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(2) the location of the polling places; |
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(3) the presiding and alternate election judges for |
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each polling place; |
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(4) the amount of the bonds to be authorized; and |
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(5) the maximum maturity [interest rate] of the bonds. |
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SECTION 11. Section 1094.254, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1094.254. MATURITY OF GENERAL OBLIGATION BONDS. |
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District general obligation bonds must mature not later than the |
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maximum maturity stated in the order calling the election [40 years
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after the date of issuance]. |
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SECTION 12. Subchapter F, Chapter 1094, Special District |
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Local Laws Code, is amended by adding Section 1094.259 to read as |
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follows: |
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Sec. 1094.259. ADDITIONAL MEANS OF SECURING REPAYMENT OF |
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BONDS. In addition to the authority to issue general obligation |
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bonds and revenue bonds under this subchapter, the board may |
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provide for the security and payment of district bonds from a pledge |
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of a combination of ad valorem taxes as authorized by Section |
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1094.252 and revenue and other sources as authorized by Section |
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1094.256. |
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SECTION 13. Subchapter F, Chapter 1094, Special District |
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Local Laws Code, is amended by adding Section 1094.260 to read as |
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follows: |
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Sec. 1094.260. USE OF BOND PROCEEDS. The district may use |
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the proceeds of bonds issued under this subchapter to pay: |
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(1) any expense the board determines is reasonable and |
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necessary to issue, sell, and deliver the bonds; |
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(2) interest payments on the bonds during a period of |
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acquisition or construction of a project or facility to be provided |
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through the bonds, not to exceed five years; |
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(3) costs related to the physical maintenance of a |
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project or facility to be provided through the bonds: |
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(A) during an estimated period of acquisition or |
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construction, not to exceed five years; and |
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(B) for one year after the project or facility is |
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acquired or constructed; |
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(4) costs related to the financing of the bond funds, |
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including debt service reserve and contingency funds; |
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(5) costs related to the issuance of the bonds; |
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(6) costs related to the acquisition of land or |
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interests in land for a project or facility to be provided through |
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the bonds; and |
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(7) costs of construction of a project or facility to |
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be provided through the bonds, including the payment of related |
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professional services and expenses. |
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SECTION 14. Section 1094.303, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1094.303. ASSESSMENT AND COLLECTION OF TAXES [BY
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COUNTY TAX ASSESSOR-COLLECTOR]. The board may provide for the |
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appointment of a tax assessor-collector for the district or may |
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contract for the assessment and collection of taxes as provided by |
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the Tax Code. [(a) This section applies unless the board elects to
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have taxes assessed and collected under Section 1094.304.
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[(b)
The tax assessor-collector of Gaines County shall
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assess and collect taxes imposed by the district.] |
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SECTION 15. Chapter 1094, Special District Local Laws Code, |
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is amended by adding Subchapter H to read as follows: |
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SUBCHAPTER H. DISSOLUTION |
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Sec. 1094.401. DISSOLUTION; ELECTION. (a) The district may |
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be dissolved only on approval of a majority of the district voters |
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voting in an election held for that purpose. |
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(b) The board may order an election on the question of |
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dissolving the district and disposing of the district's assets and |
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obligations. |
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(c) 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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Sec. 1094.402. NOTICE OF ELECTION. (a) The board shall give |
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notice of an election under this subchapter by publishing once a |
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week for two consecutive weeks a substantial copy of the election |
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order in a newspaper with general circulation in the district. |
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(b) 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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Sec. 1094.403. BALLOT. The ballot for an election under |
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this subchapter must be printed to permit voting for or against the |
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proposition: "The dissolution of the Seminole Hospital District of |
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Gaines County, Texas." |
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Sec. 1094.404. ELECTION RESULTS. (a) If a majority of the |
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votes in an election under this subchapter favor dissolution, the |
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board shall find that the district is dissolved. |
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(b) If a majority of the votes in the election do not favor |
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dissolution, the board shall continue to administer the district |
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and another election on the question of dissolution may not be held |
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before the first anniversary of the date of the most recent election |
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to dissolve the district. |
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Sec. 1094.405. TRANSFER OR ADMINISTRATION OF ASSETS. (a) |
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If a majority of the votes in the election held under this |
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subchapter favor dissolution, the board 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 Gaines |
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County or another governmental entity in Gaines County; or |
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(2) administer the property, assets, and debts until |
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all money has been disposed of and all district debts have been paid |
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or settled. |
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(b) If the district makes the transfer under Subsection |
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(a)(1), the county or entity assumes all debts and obligations of |
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the district at the time of the transfer, and the district is |
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dissolved. |
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(c) If Subsection (a)(1) does not apply and the board |
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administers the property, assets, and debts of the district under |
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Subsection (a)(2), the district is dissolved when all money has |
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been disposed of and all district debts have been paid or settled. |
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Sec. 1094.406. IMPOSITION OF TAX AND RETURN OF SURPLUS |
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TAXES. (a) After the board finds that the district is dissolved, |
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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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(b) On the payment of all outstanding debts and obligations |
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of the district, the board shall order the secretary to return to |
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each district taxpayer the taxpayer's pro rata share of all unused |
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tax money. |
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(c) 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 shall direct the secretary |
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to transmit the money to the county tax assessor-collector. |
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Sec. 1094.407. REPORT; DISSOLUTION ORDER. (a) After the |
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district has paid all district debts and has disposed of all |
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district money and other assets as prescribed by this subchapter, |
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the board shall file a written report with the Commissioners Court |
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of Gaines County summarizing the board's actions in dissolving the |
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district. |
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(b) Not later than the 10th day after the date the |
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Commissioners Court of Gaines County receives the report and |
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determines that the requirements of this subchapter 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 from any further duty or |
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obligation. |
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SECTION 16. (a) The election of the board of directors of |
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the Seminole Hospital District of Gaines County, Texas, scheduled |
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to be held in 2014 must be held. The directors elected to places 3 |
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and 4 at the election shall serve two-year terms. A director |
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elected to an at-large position on the board at the election held in |
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2014 shall serve a three-year term. |
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(b) The election of the board of directors scheduled to be |
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held in 2015 must be held, and all directors elected at that |
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election shall serve three-year terms. |
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(c) The directors elected at the elections to be held in |
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2016, 2017, and 2018 shall serve three-year terms. |
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SECTION 17. (a) Except as provided by Subsection (b) of |
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this section: |
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(1) this Act takes effect immediately if it receives a |
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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; and |
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(2) if this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2013. |
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(b) Section 1094.051, Special District Local Laws Code, as |
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amended by this Act, takes effect January 1, 2014. |
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