|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the Hidalgo County Healthcare District; decreasing the |
|
possible maximum rate of a tax. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The heading to Chapter 1122, Special District |
|
Local Laws Code, is amended to read as follows: |
|
CHAPTER 1122. HIDALGO COUNTY HEALTHCARE [HOSPITAL] DISTRICT |
|
SECTION 2. Section 1122.001(3), Special District Local Laws |
|
Code, is amended to read as follows: |
|
(3) "District" means the Hidalgo County Healthcare |
|
[Hospital] District. |
|
SECTION 3. Section 1122.002, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 1122.002. DISTRICT AUTHORIZATION. The Hidalgo County |
|
Healthcare [Hospital] District may be created and, if created, |
|
operates and is financed as a hospital district as provided by |
|
Section 9, Article IX, Texas Constitution, and by this chapter. |
|
SECTION 4. Sections 1122.021(b), (f), and (g), Special |
|
District Local Laws Code, are amended to read as follows: |
|
(b) The Hidalgo County Commissioners Court shall order an |
|
election for the registered voters of Hidalgo County on the |
|
question of creation of the Hidalgo County Healthcare [Hospital] |
|
District if the commissioners court receives a petition requesting |
|
an election that is signed by at least 50 registered voters who are |
|
residents of Hidalgo County. |
|
(f) The ballot for an election under this section must be |
|
printed to permit voting for or against the proposition: "The |
|
creation of the Hidalgo County Healthcare [Hospital] District, |
|
providing for the imposition of an ad valorem tax at a rate not to |
|
exceed 25 [75] cents on each $100 valuation on all taxable property |
|
in the district. The initial ad valorem tax shall be imposed at the |
|
rate of ______ (insert amount) cents on the $100 valuation of all |
|
taxable property in the district. District funds shall be used for |
|
district purposes, including improving health care services for |
|
residents of Hidalgo County, supporting the School of Medicine at |
|
The University of Texas Rio Grande Valley, training physicians, |
|
nurses, and other health care professionals, obtaining federal or |
|
state funds for health care services, and providing community |
|
health clinics, primary care services, behavioral and mental health |
|
care services, and prevention and wellness programs." |
|
(g) The Hidalgo County Commissioners Court shall find that |
|
the Hidalgo County Healthcare [Hospital] District is created if a |
|
majority of the voters voting in the election held under this |
|
section favor the creation of the district. |
|
SECTION 5. Section 1122.051, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 1122.051. DIRECTORS; TERM. (a) If the creation of the |
|
district is approved at the election held under Section 1122.021, |
|
the district shall be governed by a [nine-member] board of nine |
|
directors, appointed as follows: |
|
(1) the county judge of Hidalgo County shall appoint |
|
one director; |
|
(2) each county commissioner serving on the Hidalgo |
|
County Commissioners Court shall appoint one director [four
|
|
directors]; and |
|
(3) [(2)] the governing bodies [body] of the four most |
|
populous municipalities located [municipality with the largest
|
|
population] in Hidalgo County shall each appoint one director [two
|
|
directors;
|
|
[(3)
the governing body of the municipality with the
|
|
second largest population in Hidalgo County shall appoint one
|
|
director;
|
|
[(4)
the governing body of a municipality with the
|
|
third largest population in Hidalgo County shall appoint one
|
|
director; and
|
|
[(5)
the governing body of a municipality with the
|
|
fourth largest population in Hidalgo County shall appoint one
|
|
director]. |
|
(b) Directors serve staggered three-year [four-year] terms, |
|
with three [as near as possible to one-fourth of the] directors' |
|
terms expiring each year. The [terms of the] initial directors |
|
appointed under this section shall draw lots as follows to |
|
determine [are as follows]: |
|
(1) for the directors appointed by the governing |
|
bodies of the municipalities in Hidalgo County described by |
|
Subsection (a), [shall draw lots to determine] which director |
|
serves [two directors serve] a one-year term, which two directors |
|
serve [director serves] a two-year term, and which director serves |
|
a three-year term[, and which director serves a four-year term]; |
|
and |
|
(2) for the directors appointed by the Hidalgo County |
|
Commissioners Court, including the director appointed by the county |
|
judge of Hidalgo County, [shall draw lots to determine] which two |
|
directors serve [director serves] a one-year term, which director |
|
serves a two-year term, and which two directors serve [director
|
|
serves] a three-year term[, and which director serves a four-year
|
|
term]. |
|
(c) On expiration of the initial directors' terms, |
|
successor directors shall be appointed for a three-year term by the |
|
person or governing body that appointed the initial director. |
|
(d) A director may not serve more than three [two] |
|
consecutive three-year [four-year] terms. |
|
SECTION 6. Section 1122.052, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 1122.052. QUALIFICATIONS. The Hidalgo County |
|
Commissioners Court shall by order provide for the qualifications |
|
of appointees to the board. The qualifications must provide that a |
|
person is not eligible for appointment to the board if the person |
|
is: |
|
(1) an employee of Hidalgo County; |
|
(2) an employee of a municipality located in the |
|
district; |
|
(3) a district employee; or |
|
(4) [(3)] related within the third degree of |
|
consanguinity or affinity, as determined under Subchapter B, |
|
Chapter 573, Government Code, to a member of the Commissioners |
|
Court of Hidalgo County, to a member of the governing body of a |
|
municipality located in the district, [commissioners court] or to a |
|
person described by Subdivision (1), [or] (2), or (3). |
|
SECTION 7. Section 1122.056, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 1122.056. BOARD VACANCY. A [If a] vacancy [occurs] in |
|
the office of director[, the remaining directors] shall be filled |
|
[appoint a director] for the remainder of the unexpired term by |
|
appointment by the person or governing body that appointed the |
|
vacating director. |
|
SECTION 8. Sections 1122.101, 1122.102, 1122.103, and |
|
1122.106, Special District Local Laws Code, are amended to read as |
|
follows: |
|
Sec. 1122.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating hospital facilities and |
|
providing medical and hospital care for the district's indigent |
|
[needy] residents as required under this chapter, another |
|
applicable statute, and the constitution of this state. |
|
Sec. 1122.102. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the district |
|
[hospital system] and the money and resources of the district. |
|
Sec. 1122.103. RULES. The board may adopt rules governing: |
|
(1) the operation of the district and any district |
|
hospital [and hospital system]; and |
|
(2) the duties, functions, and responsibilities of |
|
district staff and employees. |
|
Sec. 1122.106. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain an adequate health care district [hospital
|
|
system]; and |
|
(2) the type of equipment necessary to provide medical |
|
[for hospital] care in the district. |
|
(b) The board may: |
|
(1) acquire property, facilities, and equipment for |
|
use by the district [for use in the hospital system]; |
|
(2) mortgage or pledge the property, facilities, or |
|
equipment as security for payment of the purchase price; |
|
(3) sell or otherwise dispose of property, facilities, |
|
or equipment for the district; or |
|
(4) lease hospital facilities for the district. |
|
SECTION 9. Section 1122.151(a), Special District Local Laws |
|
Code, is amended to read as follows: |
|
(a) The board and the district administrator shall jointly |
|
prepare a proposed annual budget for the district. |
|
SECTION 10. Sections 1122.152(d) and (e), Special District |
|
Local Laws Code, are amended to read as follows: |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the proposed budget [proposed by the district
|
|
administrator]. The board may make a change in the proposed budget |
|
that the board determines to be in the interests of the taxpayers. |
|
(e) The budget is effective only after: |
|
(1) adoption by the board; and |
|
(2) approval by the Hidalgo County Commissioners |
|
Court. |
|
SECTION 11. Section 1122.153, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 1122.153. AMENDMENT OF BUDGET. After the budget is |
|
adopted, the budget may be amended if the proposed amendment is: |
|
(1) adopted by the board; and |
|
(2) approved by the Hidalgo County Commissioners Court |
|
[on the board's approval]. |
|
SECTION 12. Section 1122.201, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 1122.201. GENERAL OBLIGATION BONDS. If authorized by |
|
an election, the board may issue and sell general obligation bonds |
|
in the name and on the faith and credit of the district to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements for district |
|
[hospital] purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service. |
|
SECTION 13. Sections 1122.204(a) and (b), Special District |
|
Local Laws Code, are amended to read as follows: |
|
(a) The board may issue revenue bonds to: |
|
(1) acquire, purchase, construct, repair, renovate, |
|
or equip buildings or improvements for district [hospital] |
|
purposes; |
|
(2) acquire sites to be used for district [hospital] |
|
purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service to assist the district in carrying out its [hospital] |
|
purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenues derived from the operation of the |
|
district [district's hospital system]. |
|
SECTION 14. Section 1122.251(a), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(a) The board shall impose a tax on all property in the |
|
district subject to [hospital district] taxation by the district. |
|
SECTION 15. The heading to Section 1122.252, Special |
|
District Local Laws Code, is amended to read as follows: |
|
Sec. 1122.252. LIMITATION ON TAX RATE. |
|
SECTION 16. Section 1122.252(a), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(a) Unless a higher rate is approved at an election held as |
|
provided by Section 1122.2521, the [The] tax rate on all taxable |
|
property in the district for all purposes may not exceed 25 [75] |
|
cents on each $100 valuation of the property according to the most |
|
recent certified tax appraisal roll of the district. |
|
SECTION 17. Subchapter F, Chapter 1122, Special District |
|
Local Laws Code, is amended by adding Sections 1122.2521, |
|
1122.2522, 1122.2523, and 1122.2524 to read as follows: |
|
Sec. 1122.2521. ELECTION REQUIRED TO INCREASE TAX RATE. |
|
(a) The board may order an election to increase the district's |
|
maximum ad valorem tax rate to a rate greater than the maximum rate |
|
provided by Section 1122.252. |
|
(b) The ballot for an election held under this section must |
|
be printed to permit voting for or against the proposition: "The |
|
imposition of taxes by the Hidalgo County Healthcare District for |
|
district purposes at a rate not to exceed ____ (insert amount) cents |
|
on the $100 valuation of all property in the district." |
|
(c) The board may impose taxes at the rate authorized by the |
|
proposition if a majority of voters voting at an election held under |
|
this section favor the proposition. |
|
(d) This section does not authorize the board to impose |
|
taxes at a rate that exceeds the maximum ad valorem tax rate |
|
authorized by Section 9, Article IX, Texas Constitution. |
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. |
|
Sec. 1122.2522. ROLLBACK TAX RATE PROVISIONS APPLICABLE. |
|
(a) If in any year the board adopts a tax rate that exceeds the |
|
rollback tax rate calculated as provided by Chapter 26, Tax Code, |
|
the qualified voters of the district by petition may require that an |
|
election be held to determine whether or not to reduce the tax rate |
|
adopted by the board for that year to the rollback tax rate. |
|
(b) To the extent a conflict exists between this section and |
|
a provision of the Tax Code, the provision of the Tax Code prevails. |
|
Sec. 1122.2523. RESIDENCE HOMESTEAD TAX PROVISIONS |
|
APPLICABLE. (a) The board shall ensure that all district residents |
|
receive all ad valorem tax exemptions and limitations that the |
|
residents are entitled to receive under the constitution and the |
|
Tax Code, including the exemption of the total appraised value of |
|
the residence homestead of a fully disabled veteran or the disabled |
|
veteran's surviving spouse required by Section 11.131, Tax Code. |
|
(b) The board shall adopt an exemption from ad valorem |
|
taxation by the district of a portion of the appraised value of a |
|
district resident's residence homestead as provided by Section |
|
11.13(d), Tax Code. Unless the board specifies a larger amount as |
|
provided by Section 11.13(e), Tax Code, the amount of the exemption |
|
required to be adopted by the board under this subsection is $3,000 |
|
of the appraised value of a district resident's residence |
|
homestead. Section 11.13(f), Tax Code, applies to an exemption |
|
adopted by the board under this subsection. |
|
Sec. 1122.2524. PROHIBITION ON PARTICIPATION IN TAX |
|
INCREMENT FUND. The district may not enter into an agreement to |
|
participate in a reinvestment zone designated by a municipality or |
|
a county under Chapter 311, Tax Code. |
|
SECTION 18. Section 1122.303, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 1122.303. BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Hidalgo County Healthcare |
|
[Hospital] District." |
|
SECTION 19. On the creation of the Hidalgo County |
|
Healthcare District, or as soon as practicable after the district |
|
is created, the Commissioners Court of Hidalgo County shall |
|
transfer to the district all operating funds, and any funds held in |
|
reserve for operating expenses, that have been budgeted by the |
|
county to pay the costs associated with administering a county |
|
program to provide to residents of the district indigent health |
|
care assistance under Chapter 61, Health and Safety Code, during |
|
the fiscal year in which the district is created. |
|
SECTION 20. 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. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2015. |