83R10232 CJC-F
 
  By: Estes S.B. No. 1875
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the Jack County Hospital District; authorizing the
  imposition of a tax.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 1079.051(b) and (c), Special District
  Local Laws Code, are amended to read as follows:
         (b)  Directors [Unless four-year terms are established under
  Section 285.081, Health and Safety Code:
               [(1)  directors] serve staggered three-year [two-year]
  terms. An [;
               [(2)  a directors'] election shall be held [on the
  uniform election date in May of] each year to elect the appropriate
  number of directors[; and
               [(3)     the terms of the directors elected to places 1, 3,
  and 5 expire in even-numbered years and the terms of the directors
  elected to places 2 and 4 expire in odd-numbered years].
         (c)  A director's term begins on the first day of the month
  that immediately follows [June 1 following] the director's
  election.
         SECTION 2.  Subchapter E, Chapter 1079, Special District
  Local Laws Code, is amended by adding Sections 1079.209 and
  1079.210 to read as follows:
         Sec. 1079.209.  ADDITIONAL MEANS OF SECURING REPAYMENT OF
  BONDS. In addition to the authority to issue general obligation
  bonds and revenue bonds under this subchapter, the board may
  provide for the security and payment of district bonds from a pledge
  of a combination of ad valorem taxes as authorized by Section
  1079.202 and revenue and other sources authorized by Section
  1079.204.
         Sec. 1079.210.  USE OF BOND PROCEEDS. The district may use
  the proceeds of bonds issued under this subchapter to pay:
               (1)  any expense the board determines is reasonable and
  necessary to issue, sell, and deliver the bonds;
               (2)  interest payments on the bonds during a period of
  acquisition or construction of a project or facility to be provided
  through the bonds, not to exceed five years;
               (3)  costs related to the operation and maintenance of
  a project or facility to be provided through the bonds:
                     (A)  during an estimated period of acquisition or
  construction, not to exceed five years; and
                     (B)  for one year after the project or facility is
  acquired or constructed;
               (4)  costs related to the financing of the bond funds,
  including debt service reserve and contingency funds;
               (5)  costs related to the bond issuance;
               (6)  costs related to the acquisition of land or
  interests in land for a project or facility to be provided through
  the bonds; and
               (7)  costs of construction of a project or facility to
  be provided through the bonds, including the payment of related
  professional services and expenses.
         SECTION 3.  Chapter 1079, Special District Local Laws Code,
  is amended by adding Subchapter G to read as follows:
  SUBCHAPTER G. DISSOLUTION
         Sec. 1079.301.  DISSOLUTION; ELECTION. (a) The district
  may be dissolved only on approval of a majority of the district
  voters voting in an election held for that purpose.
         (b)  The board may order an election on the question of
  dissolving the district and disposing of the district's assets and
  obligations.
         (c)  The board 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.
         Sec. 1079.302.  NOTICE OF ELECTION. (a) The board shall
  give notice of an election under this subchapter 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.
         (b)  The first publication of the notice must appear not
  later than the 35th day before the date set for the election.
         Sec. 1079.303.  BALLOT. The ballot for an election under
  this subchapter must be printed to permit voting for or against the
  proposition: "The dissolution of the Jack County Hospital
  District."
         Sec. 1079.304.  ELECTION RESULTS. (a) If a majority of the
  votes in an election under this subchapter favor dissolution, the
  board shall find that the district is dissolved.
         (b)  If a majority of the votes in the election do not favor
  dissolution, the board shall continue to administer the district
  and another election on the question of dissolution may not be held
  before the first anniversary of the date of the most recent election
  to dissolve the district.
         Sec. 1079.305.  TRANSFER OR ADMINISTRATION OF ASSETS. (a)
  If a majority of the votes in an election held under this subchapter
  favor dissolution, the board shall:
               (1)  transfer the land, buildings, improvements,
  equipment, and other assets that belong to the district to Jack
  County or another governmental entity in Jack County; or
               (2)  administer the property, assets, and debts until
  all money has been disposed of and all district debts have been paid
  or settled.
         (b)  If the board makes the transfer under Subsection (a)(1),
  the county or entity assumes all debts and obligations of the
  district at the time of the transfer, and the district is dissolved.
         (c)  If Subsection (a)(1) does not apply and the board
  administers the property, assets, and debts of the district under
  Subsection (a)(2), the district is dissolved when all money has
  been disposed of and all district debts have been paid or settled.
         Sec. 1079.306.  IMPOSITION OF TAX AND RETURN OF SURPLUS
  TAXES. (a) After the board 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.
         (b)  On the payment of all outstanding debts and obligations
  of the district, the board shall order the secretary to return to
  each district taxpayer the taxpayer's pro rata share of all unused
  tax money.
         (c)  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 shall direct the secretary
  to transmit the money to the county tax assessor-collector.
         Sec. 1079.307.  REPORT; DISSOLUTION ORDER. (a) After the
  district has paid all district debts and has disposed of all
  district money and other assets as prescribed by this subchapter,
  the board shall file a written report with the Commissioners Court
  of Jack County summarizing the board's actions in dissolving the
  district.
         (b)  Not later than the 10th day after the date the
  Commissioners Court of Jack County receives the report and
  determines that the requirements of this subchapter have been
  fulfilled, the commissioners court shall enter an order dissolving
  the district and releasing the board from any further duty or
  obligation.
         SECTION 4.  (a) The election of the board of directors of the
  Jack County Hospital District scheduled to be held in 2014 must be
  held in November of that year.  The directors elected to places 1
  and 3 at the election shall serve three-year terms.  The director
  elected to place 5 at the election shall serve a two-year term.
         (b)  The election of the board of directors scheduled to be
  held in November 2015 must be held, and the directors elected to
  places 2 and 4 at that election shall serve three-year terms.
         (c)  The directors elected at the elections to be held in
  November 2016, November 2017, and November 2018 shall serve
  three-year terms.
         SECTION 5.  (a)  Except as provided by Subsection (b) of this
  section:
               (1)  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; and
               (2)  if this Act does not receive the vote necessary for
  immediate effect, this Act takes effect September 1, 2013.
         (b)  Section 1079.051, Special District Local Laws Code, as
  amended by this Act, takes effect September 1, 2014.