Law:Title 3. Health. Subtitle A. Hospital Districts from Chapter 1090. Refugio County (Texas)

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Subtitle A. Hospital Districts

Contents

Chapter 1090. Refugio County

MEMORIAL HOSPITAL DISTRICT


Subchapter A. General Provisions

Section 1090.001.  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 Refugio County Memorial Hospital District.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.002.  Authority For Operation.

The Refugio County Memorial Hospital District operates and is administered and financed in accordance with Section 9, Article IX, Texas Constitution, and has the rights, powers, and duties provided by this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.003.  Essential Public Function.

The district performs an essential public function in carrying out the purposes of this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.004.  District Territory.

The boundaries of the district are coextensive with the boundaries of Refugio County.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.005.  Correction Of Invalid Procedures.

If a court holds that any procedure under this chapter violates the constitution of this state or of the United States, the district by resolution may provide an alternative procedure that conforms with the constitution.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.006.  District Support And Maintenance Not State Obligation.

The support and maintenance of the district may not become a charge against or obligation of this state.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.007.  Restriction On State Financial Assistance.

The legislature may not make a direct appropriation for the construction, maintenance, or improvement of a district facility.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Subchapter B. District Administration

Section 1090.051.  Board Election; Term.

(a) The board consists of seven directors elected from the district at large by place.

(b)  Directors serve staggered two-year terms unless four-year terms are established under Section 285.081, Health and Safety Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.052.  Notice Of Election.

At least 10 days before the date of an election of directors, notice of the election shall be published one time in a newspaper of general circulation in Refugio County.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.053.  Qualifications For Office.

(a) A person may not be elected or appointed as a director unless the person is:

(1)  a resident of the district;

(2)  a qualified voter; and

(3)  a freeholder.

(b)  A person is not eligible to serve as a director if the person is:

(1)  the district administrator; or

(2)  a district employee.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.054.  Board Vacancy.

If a vacancy occurs in the office of director, the remaining directors shall appoint a director for the unexpired term.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.055.  Officers.

(a) The board shall elect:

(1)  a president and a vice president from among its members; and

(2)  a secretary, who need not be a director.

(b)  Each officer of the board serves for a term of one year.

(c)  The board shall fill a vacancy in a board office for the unexpired term.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.056.  Compensation; Expenses.

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.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.057.  Voting Requirement.

A concurrence of four directors is sufficient in any matter relating to district business.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.058.  Insurance For Directors And Officers.

Directors and officers may be included in the same insurance plan provided to district employees.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.059.  District Administrator; Assistant Administrator.

(a) The board shall appoint a qualified person as district administrator.

(b)  The board may appoint an assistant administrator.

(c)  The district administrator and any assistant administrator serve at the will of the board and are entitled to the compensation determined by the board.

(d)  On assuming the duties of district administrator, the administrator shall execute a bond payable to the district in an amount set by the board of not less than $5,000 that:

(1)  is conditioned on the administrator performing the administrator's duties; and

(2)  contains other conditions the board may require.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.060.  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 affairs of the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.061.  Appointment And Recruitment Of Staff And Employees.

(a) The board may appoint to the medical staff any physicians the board considers necessary and may make temporary appointments as warranted.

(b)  The district may employ fiscal agents, accountants, architects, and attorneys the board considers proper.

(c)  The board may delegate to the district administrator the authority to hire district employees, including technicians and nurses.

(d)  The board may spend district money to recruit to the hospital staff any physicians that are required to meet the medical needs of district residents.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.062.  Health Education.

The board may use district money to provide scholarships and student loans for the education of county residents in health care-related fields.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.063.  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.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Subchapter C. Powers And Duties

Section 1090.101.  District Responsibility.

The district has full responsibility for operating all hospital facilities for providing medical and hospital care for the district's needy inhabitants.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.102.  Restriction On Political Subdivision Taxation And Debt.

Refugio County or any municipality or nonprofit hospital in the district may not impose a tax or issue bonds or other obligations for hospital purposes or to provide medical care.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.103.  Management, Control, And Administration.

The board shall manage, control, and administer the hospital system and the district's money and resources.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.104.  Hospital System.

(a) The district shall provide for the establishment and administration for hospital purposes of a hospital system by:

(1)  purchasing, constructing, acquiring by gift or otherwise, repairing, or renovating buildings and equipment; and

(2)  equipping the buildings.

(b)  The hospital system may include:

(1)  facilities for domiciliary care and treatment of the sick, injured, or geriatric;

(2)  outpatient clinics;

(3)  dispensaries;

(4)  convalescent home facilities;

(5)  necessary nurses;

(6)  domiciliaries and training centers;

(7)  blood banks;

(8)  community mental health centers;

(9)  research centers or laboratories; and

(10)  any other facilities the board considers necessary for hospital care.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.105.  Rules.

The board may adopt rules governing the operation of the hospital, the hospital system, and the district's staff and employees.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.106.  Purchasing And Accounting Procedures.

The board may prescribe:

(1)  the method and manner of making purchases and expenditures by and for the district; and

(2)  all accounting and control procedures.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.107.  District Property, Facilities, And Equipment.

(a) The board shall determine the type, number, and location of buildings required to maintain an adequate hospital system.

(b)  The board may lease all or part of the district's buildings and other facilities on terms considered to be in the best interest of the district's inhabitants.  The term of the lease may not exceed 25 years.

(c)  The district may acquire equipment for use in the district's hospital system and mortgage or pledge the property as security for the payment of the purchase price.  A contract entered into under this subsection must provide that the entire obligation be retired not later than the fifth anniversary of the date of the contract.

(d)  The district may sell or otherwise dispose of any property, including equipment, on terms the board finds are in the best interest of the district's inhabitants.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.108.  Eminent Domain.

(a) The district may exercise the power of eminent domain to acquire a fee simple or other interest in any type of property located in district territory if the interest is necessary or convenient for the district to exercise a power, right, or privilege conferred by this chapter.

(b)  The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code, except the district is not required to deposit in 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 a bond or other security for costs in the trial court;

(2)  provide a 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.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.109.  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, electric transmission, telegraph or telephone line, conduit, pole, or facility, or pipeline, the board must bear the actual cost of relocating, raising, lowering, rerouting, changing the grade, or altering the construction to provide comparable replacement without enhancement of facilities, after deducting the net salvage value derived from the old facility.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.110.  Gifts And Endowments.

The board may accept for the district a gift or endowment to be held in trust and administered by the board for the purposes and under the directions, limitations, or other provisions prescribed in writing by the donor that are not inconsistent with the proper management and objectives of the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.111.  Construction Contracts.

A construction contract that involves the expenditure of more than $10,000 may be made only after advertising in the manner provided by Chapter 252 and Subchapter C, Chapter 262, Local Government Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.112.  Operating And Management Contracts.

The board may enter into an operating or management contract relating to a district facility.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.113.  Contracts With Governmental Entities For Care And Treatment.

(a) The board may contract with a county or municipality located outside the district's boundaries to reimburse the district for the care and treatment of a sick or injured person of that county or municipality.

(b)  The board may contract with this state or a federal agency for reimbursement for the treatment of a sick or injured person.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.114.  Contracts With Governmental Entities For Investigatory Or Other Services.

The board may contract with a political subdivision or governmental agency for the district to provide investigatory or other services for the medical, hospital, or welfare needs of district inhabitants.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.115.  Payment For Treatment; Procedures.

(a) When a patient who resides in the district is admitted to a district facility, the district administrator may have an inquiry made into the circumstances of:

(1)  the patient; and

(2)  the patient's relatives who are legally liable for the patient's support.

(b)  If the district administrator determines that the patient or those relatives cannot pay all or part of the costs of the care and treatment in the hospital, the amount of the costs that cannot be paid becomes a charge against the district.

(c)  If the district administrator determines that the patient or those relatives can pay for all or part of the costs of the patient's care and treatment, the patient or those relatives shall be ordered to pay the district a specified amount each week for the patient's care and support.  The amount ordered must be proportionate to the person's financial ability.

(d)  The district administrator may collect the amount from the patient's estate, or from any relative who is legally liable for the patient's support, in the manner provided by law for the collection of expenses of the last illness of a deceased person.

(e)  If there is a dispute as to the ability to pay, or doubt in the mind of the district administrator, the board shall hold a hearing and, after calling witnesses, shall:

(1)  resolve the dispute or doubt; and

(2)  issue any appropriate orders.

(f)  A final order of the board may be appealed to the district court.  The substantial evidence rule applies to the appeal.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.116.  Authority To Sue And Be Sued.

The district, through the board, may sue and be sued.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Subchapter D. General Financial Provisions

Section 1090.151.  Budget.

(a) The district administrator shall prepare an annual budget for approval by the board.

(b)  The proposed budget must contain a complete financial statement of:

(1)  the outstanding obligations of the district;

(2)  the cash on hand in each district fund;

(3)  the money received by the district from all sources during the previous year;

(4)  the money available to the district from all sources during the ensuing year;

(5)  the balances expected at the end of the year in which the budget is being prepared;

(6)  the estimated revenue and balances available to cover the proposed budget; and

(7)  the estimated tax rate required.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.152.  Notice; Hearing; Adoption Of Budget.

(a) The board shall hold a public hearing on the proposed annual budget.

(b)  Notice of the hearing must be published one time at least 10 days 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 budget proposed by the district administrator.  The board may make any changes in the proposed budget that the board judges to be in the interests of the taxpayers and that the law warrants.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.153.  Amendments To Budget.

The budget may be amended as required by circumstances.  The board must approve all amendments.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.154.  Restriction On Expenditures.

Money may be spent only for an expense included in the budget or an amendment to the budget.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.155.  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 that revenue bonds of the district are outstanding; or

(2)  more than once in a 24-month period.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.156.  Audit.

The board shall have an audit made of the district's financial condition.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.157.  Inspection Of Audit And District Records.

The audit and other district records shall be open to inspection at the district's principal office.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.158.  Financial Report.

As soon as practicable after the close of each fiscal year, the district administrator shall prepare for the board:

(1)  a complete sworn statement of all district money; and

(2)  a complete account of the disbursements of that money.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.159.  Depository.

(a) The board shall select one or more financial institutions to serve as a depository for district money.

(b)  District money, other than money transmitted to a bank for payment of bonds or obligations issued by the district, shall be deposited as received with the depository bank and shall remain on deposit.

(c)  This chapter, including Subsection (b), does not limit the power of the board to place a part of district money on time deposit or to purchase certificates of deposit.

(d)  The district may not deposit money with a bank in an amount that exceeds the maximum amount secured by the Federal Deposit Insurance Corporation unless the bank first executes a bond or other security in an amount sufficient to secure from loss the district money that exceeds the amount secured by the Federal Deposit Insurance Corporation.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.160.  Spending Restrictions.

Except as otherwise provided by Section 1090.107(c) and by Subchapter E, the district may not incur an obligation payable from district revenue other than the revenue on hand or to be on hand in the current and following district fiscal years.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.161.  Authority To Borrow Money; Security.

(a) The board may borrow money at a rate of not more than 10 percent a year on district notes to pay the obligations if the board declares that money is not available to meet authorized district obligations, which creates an emergency.

(b)  To secure a loan, the board may pledge:

(1)  district revenue that is not pledged to pay the district's bonded indebtedness;

(2)  a district tax to be imposed by the district in the next 12-month period that is not pledged to pay the principal of or interest on district bonds; or

(3)  district bonds that have been authorized but not sold.

(c)  A loan for which taxes or bonds are pledged must mature not later than the first anniversary of the date the loan is made.  A loan for which district revenue is pledged must mature not later than the fifth anniversary of the date the loan is made.

(d)  Money obtained from a loan under this section may be spent only for:

(1)  a purpose for which the board declared an emergency; and

(2)  the purposes for which the taxes were imposed or the bonds were authorized, if district taxes or bonds are pledged to pay the loan.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Subchapter E. Bonds

Section 1090.201.  General Obligation Bonds.

The board may issue and sell general obligation bonds in the name and on the faith and credit of the district for any purpose relating to:

(1)  the purchase, construction, acquisition, repair, or renovation of buildings or improvements; and

(2)  equipping buildings or improvements for hospital purposes.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.202.  Tax To Pay General Obligation Bonds.

(a) At the time general obligation bonds are issued by the district under Section 1090.201, the board shall impose an ad valorem tax at a rate 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 ad valorem tax the district imposes may not in any year exceed 75 cents on each $100 valuation of all taxable property in the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.203.  General Obligation Bond Election.

(a) The district may issue general obligation bonds only if the bonds are authorized by a majority of the district voters.

(b)  The order calling the election shall provide for clerks as in county elections and must specify:

(1)  the date of the election;

(2)  the location of the polling places;

(3)  the presiding and alternate election judges for each polling place;

(4)  the amount of the bonds to be authorized; and

(5)  the maximum maturity of the bonds.

(c)  Notice of a bond election shall be given as provided by Section 1251.003, Government Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.204.  Maturity Of General Obligation Bonds.

District general obligation bonds must mature not later than 40 years after the date of issuance.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.205.  Execution Of General Obligation Bonds.

(a) The board president shall execute the general obligation bonds in the district's name.

(b)  The board secretary shall countersign the bonds in the manner provided by Chapter 618, Government Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.206.  Revenue Bonds.

(a) The board may issue revenue bonds to:

(1)  purchase, construct, acquire, repair, renovate, or equip buildings or improvements for hospital purposes; or

(2)  acquire sites to be used for hospital purposes.

(b)  The bonds must be payable from and secured by a pledge of all or part of the revenue derived from the operation of the district's hospitals.

(c)  The bonds may be additionally secured by a mortgage or deed of trust lien on all or part of district property.

(d)  The bonds must be issued in the manner and in accordance with the procedures and requirements prescribed 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 a county hospital authority.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.207.  Refunding Bonds.

(a) The board may, without an election, issue refunding bonds to refund outstanding indebtedness issued by the district.

(b)  A refunding bond may be:

(1)  sold, with the proceeds of the refunding bonds applied to the payment of the outstanding indebtedness; or

(2)  exchanged wholly or partly for not less than a similar principal amount of outstanding indebtedness.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.208.  Bonds Exempt From Taxation.

The following are exempt from taxation by this state or a political subdivision of this state:

(1)  bonds issued by the district;

(2)  the transfer and issuance of the bonds; or

(3)  profits made in the sale of the bonds.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Subchapter F. Taxes

Section 1090.251.  Imposition Of Ad Valorem Tax.

(a) The board shall impose a tax on all property in the district subject to district taxation.

(b)  The board shall impose the tax to pay:

(1)  indebtedness issued by the district; and

(2)  the maintenance and operating expenses of the district.

(c)  The board may not impose a tax to pay the principal of or interest on revenue bonds issued under this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.252.  Tax Rate.

(a) The board may impose the tax at a rate not to exceed 75 cents on each $100 valuation of taxable property in the district.

(b)  In setting the tax rate, the board shall consider the income of the district from sources other than taxation.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.253.  Assessment And Collection By County Tax Assessor-collector. (a)

This section applies unless the board elects to have taxes assessed and collected under Section 1090.254.

(b)  The tax assessor-collector of Refugio County shall assess and collect taxes imposed by the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.254.  Assessment And Collection By District Tax Assessor-collector.

(a) The board may elect to have district taxes assessed and collected by a tax assessor-collector appointed by the board.  An election under this subsection must be made by December 1 and governs the manner in which taxes are assessed and collected, until changed by a similar resolution.

(b)  The district tax assessor-collector must:

(1)  reside in the district; and

(2)  own real property subject to district taxation.

(c)  The board shall set for the district tax assessor-collector:

(1)  the term of employment; and

(2)  compensation.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Subchapter G. Dissolution

Section 1090.301.  Dissolution; Election.

(a) The district may be dissolved as provided by this subchapter.

(b)  The district may be dissolved and the district's assets or facilities may be acquired by Refugio County only on approval of a majority of district voters who vote on the question of the district's dissolution and transfer of assets and facilities at an election.

(c)  The board shall order the election if the board receives a petition calling for submission of the question that is signed by at least 15 percent of the district's registered voters.  Each voter signing the petition must write next to the voter's name the date of the voter's signature.

(d)  The petition must be filed within 45 days of the earliest date on which a voter signed the petition.

(e)  The board shall order the question of the district's dissolution submitted at the first directors' election held after the date the board receives a petition under Subsection (d) that occurs after the time required by Section 3.005, Election Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.302.  Notice Of Election On Dissolution.

Notice of a directors' election at which the question of the district's dissolution will be submitted to the voters must include notice that the question of dissolution and the transfer of hospital facilities to and the  assumption of debts and bond obligations by Refugio County will be submitted at the election.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.303.  Ballot.

Beneath the names of the candidates for director of the district, the ballot for an election under this subchapter must provide for voting for or against the following proposition: "The dissolution of the Refugio County Memorial Hospital District and the transfer of the existing hospital facilities to and the assumption of the debts and bond obligations by Refugio County."

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.304.  Election Results.

(a) If a majority of the votes in an election under this subchapter favor dissolution, the board shall find that the proposition was approved and shall declare the district dissolved.

(b)  If a majority of the votes in the election do not favor dissolution, the board shall find that the proposition was not approved and shall declare that the district will continue to operate.  Another election on the question of dissolution may not be held within 48 months after the anniversary of the date of any preceding election held for the same purpose.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.



Section 1090.305.  Transfer Of Assets And Liabilities.

If the proposition for the dissolution of the district and the transfer of the existing hospital facilities to and the assumption of the debts and bond obligations by Refugio County is approved as provided by this subchapter:

(1)  the land, buildings, improvements, and equipment that are part of the hospital or hospital system owned by the district shall be transferred to Refugio County;

(2)  any debts and bond obligations of the district shall be assumed by Refugio County; and

(3)  the Refugio County Commissioners Court shall provide for:

(A)  establishing and administering a hospital system by purchasing, constructing, acquiring by gift or otherwise, repairing, or renovating buildings and equipment; and

(B)  equipping the hospital system.

Added by Acts 2009, 81st Leg., R.S., Ch. 1139, Sec. 1.01, eff. April 1, 2011.


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