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A BILL TO BE ENTITLED
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AN ACT
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relating to the Jack County Hospital District; authorizing the |
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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. Sections 1079.051(b) and (c), Special District |
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Local Laws Code, are amended to read as follows: |
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(b) Directors [Unless four-year terms are established under
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Section 285.081, Health and Safety Code:
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[(1) directors] serve staggered three-year [two-year] |
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terms. An [;
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[(2) a directors'] election shall be held [on the
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uniform election date in May of] each year to elect the appropriate |
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number of directors[; and
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[(3)
the terms of the directors elected to places 1, 3,
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and 5 expire in even-numbered years and the terms of the directors
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elected to places 2 and 4 expire in odd-numbered years]. |
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(c) A director's term begins on the first day of the month |
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that immediately follows [June 1 following] the director's |
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election. |
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SECTION 2. Subchapter E, Chapter 1079, Special District |
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Local Laws Code, is amended by adding Sections 1079.209 and |
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1079.210 to read as follows: |
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Sec. 1079.209. 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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1079.202 and revenue and other sources authorized by Section |
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1079.204. |
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Sec. 1079.210. 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 operation and maintenance of |
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a 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 bond issuance; |
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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 3. Chapter 1079, Special District Local Laws Code, |
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is amended by adding Subchapter G to read as follows: |
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SUBCHAPTER G. DISSOLUTION |
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Sec. 1079.301. DISSOLUTION; ELECTION. (a) The district |
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may be dissolved only on approval of a majority of the district |
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voters 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 board shall order an election if the board receives |
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a petition requesting an election that is signed by at least 15 |
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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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Sec. 1079.302. NOTICE OF ELECTION. (a) The board shall |
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give notice of an election under this subchapter by publishing once |
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a 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. 1079.303. 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 Jack County Hospital |
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District." |
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Sec. 1079.304. 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. 1079.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a) |
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If a majority of the votes in an election held under this subchapter |
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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 Jack |
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County or another governmental entity in Jack 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 board makes the transfer under Subsection (a)(1), |
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the county or entity assumes all debts and obligations of the |
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district at the time of the transfer, and the district is 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. 1079.306. 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. 1079.307. 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 Jack 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 Jack 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 4. (a) The election of the board of directors of the |
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Jack County Hospital District scheduled to be held in 2014 must be |
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held in November of that year. The directors elected to places 1 |
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and 3 at the election shall serve three-year terms. The director |
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elected to place 5 at the election shall serve a two-year term. |
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(b) The election of the board of directors scheduled to be |
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held in November 2015 must be held, and the directors elected to |
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places 2 and 4 at that 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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November 2016, November 2017, and November 2018 shall serve |
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three-year terms. |
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SECTION 5. (a) Except as provided by Subsection (b) of this |
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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 1079.051, Special District Local Laws Code, as |
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amended by this Act, takes effect September 1, 2014. |