|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the creation of the Cameron County Healthcare District; |
|
granting the authority to impose a tax and issue bonds; granting the |
|
power of eminent domain. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle A, Title 3, Special District Local Laws |
|
Code, is amended by adding Chapter 1121 to read as follows: |
|
CHAPTER 1121. CAMERON COUNTY HEALTHCARE DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1121.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Cameron County Healthcare |
|
District. |
|
Sec. 1121.002. DISTRICT AUTHORIZATION. The Cameron County |
|
Healthcare 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. |
|
Sec. 1121.003. ESSENTIAL PUBLIC FUNCTION. The district is |
|
a public entity performing an essential public function. |
|
Sec. 1121.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Cameron County. |
|
Sec. 1121.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The state may not be obligated for the support or |
|
maintenance of the district. |
|
Sec. 1121.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
SUBCHAPTER A-1. TEMPORARY PROVISIONS |
|
Sec. 1121.021. CREATION ELECTION; ORDERING ELECTION. |
|
(a) The district may be created and a tax may be authorized only if |
|
the creation and the tax are approved by a majority of the |
|
registered voters of the territory of the proposed district voting |
|
at an election called and held for that purpose. |
|
(b) The Cameron County Commissioners Court shall order an |
|
election for the registered voters of Cameron County on the |
|
question of creation of the Cameron County Healthcare District if |
|
the commissioners court receives a petition requesting an election |
|
that is signed by at least 100 registered voters who are residents |
|
of Cameron County. |
|
(c) The order calling an election under this section must |
|
state: |
|
(1) the nature of the election, including the |
|
proposition that is 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. |
|
(d) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. |
|
(e) The Cameron County Commissioners Court shall give |
|
notice of an election under this section by publishing a |
|
substantial copy of the election order in a newspaper with general |
|
circulation in Cameron County once a week for two consecutive |
|
weeks. The first publication must appear not later than the 30th |
|
day before the date set for the election. |
|
(f) The ballot for an election under this section must be |
|
printed to permit voting for or against the proposition: "The |
|
creation of the Cameron County Healthcare District, providing for |
|
the imposition of an ad valorem tax at a rate determined by the |
|
board of directors of the district, which rate may not exceed 25 |
|
cents on each $100 valuation of all taxable property in the |
|
district. District funds shall be used for district purposes, |
|
including providing medical and hospital care for the needy |
|
inhabitants of Cameron County, improving health care services for |
|
inhabitants of Cameron 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 Cameron County Commissioners Court shall find that |
|
the Cameron County Healthcare District is created if a majority of |
|
the voters voting in the election held under this section favor the |
|
creation of the district. |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1121.051. DIRECTORS; TERM. (a) If the creation of |
|
the district is approved at the election held under Section |
|
1121.021, the district shall be governed by a board of nine |
|
directors, appointed as follows: |
|
(1) the county judge of Cameron County shall appoint |
|
one director; |
|
(2) each county commissioner serving on the Cameron |
|
County Commissioners Court shall appoint one director; and |
|
(3) the governing bodies of the four municipalities |
|
located in Cameron County that have the greatest amounts of taxable |
|
value of property taxable by the district located within their |
|
corporate boundaries shall each appoint one director. |
|
(b) Directors serve staggered three-year terms, with three |
|
directors' terms expiring each year. The initial directors |
|
appointed under this section shall draw lots as follows to |
|
determine: |
|
(1) for the directors appointed by the governing |
|
bodies of the municipalities in Cameron County described by |
|
Subsection (a), which director serves a one-year term, which two |
|
directors serve a two-year term, and which director serves a |
|
three-year term; and |
|
(2) for the directors appointed by the Cameron County |
|
Commissioners Court, including the director appointed by the county |
|
judge of Cameron County, which two directors serve a one-year term, |
|
which director serves a two-year term, and which two directors |
|
serve a three-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 consecutive |
|
three-year terms. |
|
Sec. 1121.052. ELIGIBILITY FOR APPOINTMENT TO BOARD. A |
|
person is not eligible for appointment to the board if the person |
|
is: |
|
(1) an employee of Cameron County; |
|
(2) an employee of a municipality located in the |
|
district; |
|
(3) a district employee; or |
|
(4) 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 Cameron |
|
County, to a member of the governing body of a municipality located |
|
in the district, or to a person described by Subdivision (1), (2), |
|
or (3). |
|
Sec. 1121.053. OFFICERS. (a) The board shall elect from |
|
among the directors: |
|
(1) a chair; and |
|
(2) a vice chair to preside in the chair's absence. |
|
(b) The board shall elect a director or the district |
|
administrator to serve as secretary. |
|
Sec. 1121.054. COMPENSATION; REIMBURSEMENT. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties. |
|
The expenses must be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. |
|
Sec. 1121.055. DIRECTOR'S BOND. (a) Before assuming the |
|
duties of office, each director must execute a bond in the amount of |
|
$5,000 payable to the district and conditioned on the faithful |
|
performance of the director's duties. |
|
(b) The bond shall be kept in the permanent records of the |
|
district. |
|
(c) The board may pay for a director's bond with district |
|
money. |
|
Sec. 1121.056. BOARD VACANCY. A vacancy in the office of |
|
director shall be filled for the remainder of the unexpired term by |
|
appointment by the person or governing body that appointed the |
|
vacating director. |
|
Sec. 1121.057. VOTING REQUIREMENT. A concurrence of a |
|
majority of the directors voting is necessary in matters relating |
|
to district business. |
|
Sec. 1121.058. DISTRICT ADMINISTRATOR; ADMINISTRATOR'S |
|
BOND. (a) The board may appoint a qualified person as district |
|
administrator. |
|
(b) The district administrator serves at the will of the |
|
board. |
|
(c) The district administrator is entitled to compensation |
|
determined by the board. |
|
(d) Before assuming the duties of district administrator, |
|
the administrator must execute a bond payable to the district in an |
|
amount not less than $5,000, as determined by the board, |
|
conditioned on the faithful performance of the administrator's |
|
duties. |
|
(e) The board may pay for the bond with district money. |
|
Sec. 1121.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the general affairs of the district. |
|
Sec. 1121.060. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
|
(a) The board may appoint qualified persons as assistant district |
|
administrator and attorney for the district. |
|
(b) The assistant district administrator and attorney for |
|
the district serve at the will of the board. |
|
(c) The assistant district administrator and attorney for |
|
the district are entitled to compensation determined by the board. |
|
Sec. 1121.061. EMPLOYEES. (a) The district may employ |
|
nurses, technicians, fiscal agents, accountants, architects, |
|
additional attorneys, and other necessary employees. |
|
(b) The board may delegate to the district administrator the |
|
authority to employ persons for the district. |
|
Sec. 1121.062. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. |
|
The board may spend district money, enter into agreements, and take |
|
other necessary actions to recruit physicians and other persons to |
|
serve as medical staff members or district employees. The actions |
|
may include: |
|
(1) advertising and marketing; |
|
(2) paying travel, recruitment, and relocation |
|
expenses; |
|
(3) providing a loan or scholarship to a physician or a |
|
person currently enrolled in health care education courses at an |
|
institution of higher education who contracts to become a medical |
|
staff member or district employee; or |
|
(4) contracting with a full-time medical student or |
|
other student in a health occupation who is enrolled in and in good |
|
standing at an accredited medical school, college, or university to |
|
pay the student's tuition or other expenses for the consideration |
|
of the student agreeing to serve as an employee or independent |
|
contractor for the district. |
|
Sec. 1121.063. APPOINTMENT AND REMOVAL OF MEDICAL STAFF. |
|
The board may: |
|
(1) appoint to the medical staff any doctor the board |
|
considers necessary for the efficient operation of the district; |
|
(2) remove any doctor from the medical staff, after |
|
due process, if the board considers the doctor's removal necessary |
|
for the efficient operation of the district; and |
|
(3) make temporary appointments to the medical staff |
|
as the board considers necessary. |
|
Sec. 1121.064. RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1121.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating the district's hospital |
|
facilities and providing medical and hospital care for the |
|
district's needy inhabitants. |
|
Sec. 1121.102. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the district and |
|
the money and resources of the district. |
|
Sec. 1121.103. RULES. The board may adopt rules governing: |
|
(1) the operation of the district and any district |
|
hospital; and |
|
(2) the duties, functions, and responsibilities of |
|
district staff and employees. |
|
Sec. 1121.104. PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) accounting and control procedures for the |
|
district. |
|
Sec. 1121.105. PROVISION OF CERTAIN HEALTH SERVICES. |
|
(a) The district may operate or provide for the operation of a |
|
mobile emergency medical service. |
|
(b) The district may operate or provide for home health |
|
services, long-term care, skilled nursing care, intermediate |
|
nursing care, or hospice care. |
|
Sec. 1121.106. 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; and |
|
(2) the type of equipment necessary to provide medical |
|
care in the district. |
|
(b) The board may: |
|
(1) acquire property, facilities, and equipment for |
|
use by the district; |
|
(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. |
|
Sec. 1121.107. OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into operating or management contracts relating to |
|
hospital or other health care facilities for the district. |
|
Sec. 1121.108. SERVICE CONTRACTS. (a) The board may |
|
contract with public or private hospitals, clinics, physicians or |
|
other health care providers, political subdivisions of the state, |
|
accredited public or private medical schools and their affiliated |
|
nonprofit entities or faculty practice plans, allied health |
|
education institutions, or state and federal agencies for the |
|
district to provide a mobile emergency medical service or other |
|
medical, hospital, or health care services needed to provide for |
|
the investigatory, welfare, medical, or health care needs of |
|
inhabitants of the district. |
|
(b) The board may contract with a person to receive or |
|
supply the services the board considers necessary for the effective |
|
operation of the district. |
|
Sec. 1121.109. EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in property located in district territory if the |
|
interest is necessary for the district to exercise the rights or |
|
authority conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except that the |
|
district is not required to deposit with the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide bond or other security |
|
for costs in the trial court; |
|
(2) provide bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. |
|
Sec. 1121.110. COST OF RELOCATING OR ALTERING PROPERTY. In |
|
exercising the power of eminent domain, if the board requires |
|
relocating, raising, lowering, rerouting, changing the grade, or |
|
altering the construction of any railroad, highway, pipeline, or |
|
electric transmission and electric distribution, telegraph, or |
|
telephone line, conduit, pole, or facility, the district shall pay |
|
the actual cost of that activity to provide a comparable |
|
replacement, without enhancement of facilities, after deducting |
|
the net salvage value derived from the old facility. |
|
Sec. 1121.111. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust for any |
|
purpose and under any direction, limitation, or provision in |
|
writing by the donor that is consistent with the proper management |
|
of the district. |
|
Sec. 1121.112. PAYMENT FOR TREATMENT; PROCEDURES. |
|
(a) When a person who resides in the district is admitted as a |
|
patient to a district facility or receives medical or hospital care |
|
from the district, the district administrator may have an inquiry |
|
made into the financial circumstances of: |
|
(1) the patient; and |
|
(2) a relative of the patient who is legally |
|
responsible for the patient's support. |
|
(b) To the extent that the patient or a relative of the |
|
patient who is legally responsible for the patient's support cannot |
|
pay for care and treatment provided by the district, the district |
|
shall supply the care and treatment without charging the patient or |
|
the patient's relative. |
|
(c) On determining that the patient or a relative legally |
|
responsible for the patient's support can pay for all or part of the |
|
care and treatment provided by the district, the district |
|
administrator shall report that determination to the board, and the |
|
board shall issue an order directing the patient or the relative to |
|
pay the district a specified amount each week. The amount must be |
|
based on the person's ability to pay. |
|
(d) The district administrator may collect money owed to the |
|
district from the patient's estate or from that of a relative |
|
legally responsible for the patient's support in the manner |
|
provided by law for the collection of expenses in the last illness |
|
of a deceased person. |
|
(e) If there is a dispute relating to a person's ability to |
|
pay or if the district administrator has any doubt concerning a |
|
person's ability to pay, the board shall call witnesses, hear and |
|
resolve the question, and issue a final order. The order may be |
|
appealed to a district court in Cameron County. The substantial |
|
evidence rule applies to an appeal under this subsection. |
|
Sec. 1121.113. REIMBURSEMENT FOR SERVICES. (a) If the |
|
district provides care or treatment to a sick or injured person who |
|
is not an inhabitant of Cameron County, the board shall require the |
|
county, municipality, or public hospital located outside of the |
|
district and in which the person is an inhabitant to reimburse the |
|
district for the district's care and treatment of that person as |
|
provided by Chapter 61, Health and Safety Code. |
|
(b) The board shall require the sheriff of Cameron County to |
|
reimburse the district for the district's care and treatment of a |
|
person who is confined in a jail facility of Cameron County and is |
|
not a resident of the district. |
|
(c) On behalf of the district, the board may contract with |
|
the state or federal government for that government to reimburse |
|
the district for treatment of a sick or injured person. |
|
Sec. 1121.114. NONPROFIT CORPORATION. (a) The district |
|
may create and sponsor a nonprofit corporation under the Business |
|
Organizations Code and may contribute money to or solicit money for |
|
the corporation. |
|
(b) A corporation created under this section may use money |
|
contributed by the district only for a district purpose, including |
|
the provision of health care or other services the district is |
|
authorized to provide under this chapter. |
|
(c) The corporation may invest the corporation's money in |
|
any manner in which the district may invest the district's money, |
|
including investing money as authorized by Chapter 2256, Government |
|
Code. |
|
(d) The board shall establish controls to ensure that the |
|
corporation uses its money as required by this section. |
|
Sec. 1121.115. LOANS AND GRANTS FOR ECONOMIC DEVELOPMENT |
|
PURPOSES. Under the authority granted by Section 52-a, Article |
|
III, Texas Constitution, the district may loan or grant money to any |
|
person for the development of medical education and research in the |
|
district. |
|
Sec. 1121.116. AUTHORITY TO SUE AND BE SUED. The board may |
|
sue and be sued on behalf of the district. |
|
Sec. 1121.117. CONSTRUCTION CONTRACTS; ADVERTISING FOR |
|
CERTAIN CONSTRUCTION CONTRACTS. (a) The board may enter into a |
|
construction contract on the district's behalf. |
|
(b) The board may enter into a construction contract only |
|
after competitive bidding as provided by Subchapter B, Chapter 271, |
|
Local Government Code, if the amount of the contract is greater than |
|
the amount provided by Section 271.024 of that code. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1121.151. BUDGET. (a) The board and the district |
|
administrator shall jointly prepare a proposed annual budget for |
|
the district. |
|
(b) The proposed budget must contain a complete financial |
|
statement, including a statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the amount of cash on hand to the credit of each |
|
fund of the district; |
|
(3) the amount of money received by the district from |
|
all sources during the previous year; |
|
(4) the amount of money available to the district from |
|
all sources during the ensuing year; |
|
(5) the amount of the balances expected at the end of |
|
the year in which the budget is being prepared; |
|
(6) the estimated amount of revenues and balances |
|
available to cover the proposed budget; and |
|
(7) the estimated tax rate required. |
|
Sec. 1121.152. NOTICE; HEARING; ADOPTION OF BUDGET. |
|
(a) The board shall hold a public hearing on the proposed budget. |
|
(b) The board shall publish notice of the hearing in a |
|
newspaper with general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall adopt |
|
a budget by acting on the proposed budget. 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 adoption by the |
|
board. |
|
Sec. 1121.153. AMENDMENT OF BUDGET. After the budget is |
|
adopted, the budget may be amended if the proposed amendment is |
|
adopted by the board. |
|
Sec. 1121.154. FISCAL YEAR. (a) The district operates |
|
according to a fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period in which revenue bonds of the |
|
district are outstanding; or |
|
(2) more than once in a 24-month period. |
|
Sec. 1121.155. ANNUAL AUDIT. The board shall have an annual |
|
audit made of the financial condition of the district. |
|
Sec. 1121.156. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records are open to |
|
inspection during regular business hours at the principal office of |
|
the district. |
|
Sec. 1121.157. FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board a sworn statement of the amount of |
|
district money and an account of the disbursement of that money. |
|
Sec. 1121.158. SHORT-TERM FINANCING. The district may |
|
borrow money through short-term financing. |
|
Sec. 1121.159. DEBT LIMITATION. Except as provided by this |
|
chapter and Chapter 1207, Government Code, the district may not |
|
incur a debt payable from district revenue other than revenue |
|
available in the current fiscal year and the immediately following |
|
fiscal year of the district. |
|
Sec. 1121.160. DEPOSITORY. (a) The board shall select at |
|
least one bank to serve as a depository for district money. |
|
(b) The board may solicit bids from local financial |
|
institutions to determine which institution may serve as a |
|
depository for district money. |
|
(c) District money, other than money invested as provided by |
|
Section 1121.161 and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. This subsection does not limit the board's power to place |
|
part of the district's money on time deposit or to purchase |
|
certificates of deposit. |
|
Sec. 1121.161. RESTRICTION ON INVESTMENT. The board may |
|
invest operating, depreciation, or building reserves only in funds |
|
or securities specified by Chapter 2256, Government Code. |
|
SUBCHAPTER E. BONDS |
|
Sec. 1121.201. 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 |
|
purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service. |
|
Sec. 1121.202. TAX TO PAY GENERAL OBLIGATION BONDS. |
|
(a) At the time general obligation bonds are issued by the |
|
district under Section 1121.201, the board shall impose an ad |
|
valorem tax in an amount sufficient to create an interest and |
|
sinking fund to pay the principal of and interest on the bonds as |
|
the bonds mature. |
|
(b) The tax required by this section together with any other |
|
tax the district imposes in any year may not exceed the limit |
|
approved by the voters at the election authorizing the imposition |
|
of taxes. |
|
Sec. 1121.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the voters voting in an election held |
|
for that purpose. |
|
(b) The board may order a bond election. The order calling |
|
the election must specify: |
|
(1) the nature and date of the election; |
|
(2) the hours during which the polls will be open; |
|
(3) the location of polling places; |
|
(4) the amounts of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(c) Notice of a bond election must be given as provided by |
|
Chapter 1251, Government Code. |
|
(d) The board shall declare the results of the election. |
|
Sec. 1121.204. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) acquire, purchase, construct, repair, renovate, |
|
or equip buildings or improvements for district purposes; |
|
(2) acquire sites to be used for district purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service to assist the district in carrying out its 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. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of the district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, |
|
Health and Safety Code, for issuance of revenue bonds by county |
|
hospital authorities. |
|
Sec. 1121.205. MATURITY. District bonds must mature not |
|
later than 40 years after the date of their issuance. |
|
Sec. 1121.206. EXECUTION OF BONDS. (a) The board chair |
|
shall execute district bonds in the district's name. |
|
(b) The board secretary shall countersign the bonds in the |
|
manner provided by Chapter 618, Government Code. |
|
Sec. 1121.207. BONDS NOT SUBJECT TO TAXATION. The |
|
following are not subject to taxation by the state or by a political |
|
subdivision of the state: |
|
(1) bonds issued by the district; |
|
(2) any transaction relating to the bonds; and |
|
(3) profits made in the sale of the bonds. |
|
SUBCHAPTER F. AD VALOREM TAX |
|
Sec. 1121.251. IMPOSITION OF AD VALOREM TAX. (a) The |
|
board shall impose a tax on all property in the district subject to |
|
taxation by the district. |
|
(b) The tax may be used to pay: |
|
(1) indebtedness issued or assumed by the district; |
|
and |
|
(2) the maintenance and operating expenses of the |
|
district. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds issued under this chapter. |
|
Sec. 1121.252. LIMITATION ON TAX RATE. (a) The tax rate on |
|
all taxable property in the district for all purposes may not exceed |
|
25 cents on each $100 valuation of the property according to the |
|
most recent certified tax appraisal roll of the district. |
|
(b) In setting the tax rate, the board shall consider |
|
district income from sources other than taxation. |
|
(c) Section 285.231, Health and Safety Code, does not apply |
|
to the district. |
|
Sec. 1121.253. REDUCTION IN AD VALOREM TAX RATE BY COUNTY. |
|
The Cameron County Commissioners Court, in determining the county |
|
ad valorem tax rate for the first year in which the district imposes |
|
ad valorem taxes on property in the district, shall: |
|
(1) take into account the decrease in the amount the |
|
county will spend for health care purposes in that year because the |
|
district is providing health care services previously provided or |
|
paid for by the county; and |
|
(2) reduce the county's ad valorem tax rate in |
|
accordance with the decreased amount of required spending described |
|
by Subdivision (1). |
|
Sec. 1121.254. 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. |
|
(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. 1121.255. 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. |
|
Sec. 1121.256. TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1121.301. DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved only on approval of a majority of the 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 district's registered voters. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition that is 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. 1121.302. NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing a |
|
substantial copy of the election order in a newspaper with general |
|
circulation in the district once a week for two consecutive weeks. |
|
(b) The first publication must appear not later than the |
|
30th day before the date set for the election. |
|
Sec. 1121.303. BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Cameron County Healthcare |
|
District." |
|
Sec. 1121.304. ELECTION RESULTS. (a) If a majority of the |
|
votes in an election under this subchapter favor dissolution, the |
|
board shall order that the district be dissolved. |
|
(b) If a majority of the votes in an election under this |
|
subchapter 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. 1121.305. TRANSFER OR ADMINISTRATION OF ASSETS. |
|
(a) If a majority of the votes in an election under this subchapter |
|
favor dissolution, the board shall: |
|
(1) transfer the land, buildings, improvements, |
|
equipment, and other assets belonging to the district to Cameron |
|
County; or |
|
(2) administer the property, assets, and debts of the |
|
district 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 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. 1121.306. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES. (a) After the board determines 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 funds to the tax assessor-collector for Cameron |
|
County. |
|
Sec. 1121.307. REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all its debts and has disposed of all its money |
|
and other assets as prescribed by this subchapter, the board shall |
|
file a written report with the Cameron County Commissioners Court |
|
summarizing the board's actions in dissolving the district. |
|
(b) Not later than the 10th day after the date the Cameron |
|
County Commissioners Court 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 2. On the creation of the Cameron County Healthcare |
|
District, or as soon as practicable after the district is created, |
|
the Cameron County Commissioners Court 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 3. Proof of publication of the notice required to |
|
enact Chapter 1121, Special District Local Laws Code, as added by |
|
this Act, under the provisions of Section 9, Article IX, Texas |
|
Constitution, has been made in the manner and form provided by law |
|
pertaining to the enactment of local and special laws, and the |
|
notice is found and declared proper and sufficient to satisfy the |
|
requirement. |
|
SECTION 4. (a) Except as provided by Subsection (b) of |
|
this section, 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. |
|
(b) If this Act does not receive the vote necessary for |
|
immediate effect: |
|
(1) this Act takes effect September 1, 2015; and |
|
(2) Section 1121.109, Special District Local Laws |
|
Code, as added by this Act, has no effect. |
|
|
|
* * * * * |