Law:Title 3. Health. Subtitle A. Hospital Districts from Chapter 1056. Martin County Hospital District (Texas)

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Subtitle A. Hospital Districts

Contents

Chapter 1056. Martin County Hospital District

Subchapter A. General Provisions

Section 1056.001.  Definitions.

In this chapter:

(1)  "Board" means the board of hospital managers of the district.

(2)  "District" means the Martin County Hospital District.

(3)  "Manager" means a member of the board.

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



Section 1056.002.  Authority For Operation.

The Martin County Hospital District operates in accordance with and has the powers and responsibilities provided by Section 9, Article IX, Texas Constitution.

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



Section 1056.003.  District Territory.

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

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



Subchapter B. District Administration

Section 1056.051.  Board Appointment; Term.

(a) The board consists of six managers appointed by the Martin County Commissioners Court.

(b)  Managers serve staggered two-year terms, with three managers appointed each year.

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



Section 1056.052.  Board Vacancy.

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

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



Section 1056.053.  Nonattendance.

The failure of a manager to attend three consecutive regular board meetings causes a vacancy in the manager's office unless the absence is excused by formal action of the board.

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



Section 1056.054.  Officers.

(a) The board shall select from among the managers a presiding officer, who shall preside over the board.

(b)  A presiding officer pro tem shall preside in the absence of the presiding officer.

(c)  The district administrator or any manager may be appointed secretary.

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



Section 1056.055.  Compensation; Expenses.

A manager serves without compensation but may be reimbursed for actual and necessary travel and other expenses incurred in the performance of the manager's duties as determined by the board.

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



Section 1056.056.  Quorum.

A majority of the board present shall constitute a quorum for the transaction of business.

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



Section 1056.057.  Records Of Proceedings.

(a) The board shall require the secretary to keep suitable records of all proceedings of each board meeting.

(b)  After each meeting:

(1)  the manager presiding at the meeting shall read and sign the record; and

(2)  the secretary shall attest the record.

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



Section 1056.058.  District Administrator.

(a) The board shall appoint a general manager qualified by training and experience as the district administrator.

(b)  The district administrator is entitled to receive the compensation determined by the board.

(c)  The board may remove the district administrator at any time.

(d)  Before assuming the duties of district administrator, the administrator must execute a bond payable to the district in an amount of not less than $10,000 that:

(1)  is conditioned on the administrator performing well and faithfully the administrator's required 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 1056.059.  General Duties Of District Administrator.

Subject to the limitations prescribed by the board, the district administrator shall:

(1)  perform the duties required by the board;

(2)  supervise the work and activities of the district; and

(3)  direct the affairs of the district.

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



Section 1056.060.  Assistant Administrator.

(a) The board may designate an assistant administrator to discharge a duty or function of the district administrator in the event of the administrator's incapacity, absence, or inability to discharge the duty or function.

(b)  The assistant administrator shall post the bond required by board order.

(c)  The assistant administrator is subject to the limitations prescribed by board order.

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



Section 1056.061.  Legal Counsel.

The board may employ legal counsel to represent the district in all legal matters when the board considers the employment advisable.

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



Section 1056.062.  Employees.

The board shall authorize the district administrator to employ any employees as considered advisable for the efficient operation of the hospital or hospital system.

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



Section 1056.063.  Retirement Program.

The board may:

(1)  contract with this state or the federal government as necessary to establish or continue a retirement program for the benefit of district employees; or

(2)  establish other retirement programs for the benefit of district employees as it considers necessary and advisable.

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



Section 1056.064.  Seal.

The board shall have a seal engraved with the district's name to authenticate the acts of the board.  The secretary of the board shall keep the seal.

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



Subchapter C. Powers And Duties

Section 1056.101.  District Responsibility.

(a) The district shall admit patients to the hospital who are:

(1)  district inhabitants; and

(2)  able to pay for medical and hospital care.

(b)  The district has full responsibility for providing medical and hospital care for:

(1)  eligible needy district inhabitants who are not able to pay all or a part of the cost of the care; and

(2)  eligible needy and indigent district residents.

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



Section 1056.102.  Restriction On County Or Municipality Taxation.

Martin County or a municipality in the county may not impose a tax for hospital purposes.

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



Section 1056.103.  Management, Control, And Administration.

The board shall manage, control, and administer the hospital or hospital system.

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



Section 1056.104.  Rules.

The board may adopt rules for the operation of the hospital or hospital system, including bylaws governing board proceedings.

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



Section 1056.105.  Purchasing And Accounting Procedures.

(a) 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.

(b)  The district shall pay the salaries and expenses necessarily incurred by the board or by an officer or agent of the board in performing a duty prescribed or required by this section or Section 1056.152.

(c)  An officer, employee, or agent of the board shall perform any function or service prescribed by the board under this section or Section 1056.152.

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



Section 1056.106.  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, real, personal, or mixed, located in district territory if the interest is necessary or convenient for the district to exercise a right, power, privilege, or function conferred on the district 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 for the issuance of a temporary restraining order or a temporary injunction; or

(2)  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 1056.107.  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 1056.108.  Contracts With Governmental Entities For Care And Treatment.

The board may contract with:

(1)  any county for the care and treatment of a sick or injured person of that county; and

(2)  this state or a federal agency for the care and treatment of a sick or injured person for whom the state or agency is responsible.

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



Section 1056.109.  Payment For Treatment; Procedures.

(a) When a patient from Martin County is admitted to a district facility, the district administrator shall 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 are liable for all or part of the costs of the patient's care and treatment, the patient or those relatives shall be ordered to pay to the district a specified amount each week for the patient's care.  The amount ordered must be proportionate to the person's financial ability and may not exceed the usual and customary charges for services rendered.

(d)  The district administrator may collect the amount from the estate of the patient, or the patient's relatives who are 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 county court shall hold a hearing and, after calling witnesses, shall:

(1)  resolve the dispute or doubt; and

(2)  issue an appropriate order.

(f)  Either party to the dispute may appeal the order to the district court.

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



Section 1056.110.  Authority To Sue And Be Sued.

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 1056.151.  Budget.

(a) The district administrator, under the direction of the board, shall prepare an annual budget.

(b)  The budget must be approved by the board.

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



Section 1056.152.  Annual Audit.

As soon as practicable after the close of each fiscal year, the board shall have an audit made of the district's books and records for the fiscal year by an independent public accountant.

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



Section 1056.153.  Financial Report.

(a) As soon as practicable after the close of each fiscal year, the district administrator shall prepare a report that includes:

(1)  a complete sworn statement of:

(A)  all money and choses in action received by the administrator; and

(B)  how the money and choses in action were disbursed or otherwise disposed; and

(2)  the details of district operation during the preceding fiscal year.

(b)  The district administrator shall make the report to:

(1)  the board; and

(2)  the Martin County Commissioners Court.

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



Section 1056.154.  Depository.

(a) Every two years, the board shall select one or more depositories for the district in the manner provided for securing county funds.

(b)  All income received by the district shall be deposited with a district depository.

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



Subchapter E. Bonds

Section 1056.201.  Bonds.

The board may issue and sell bonds as district obligations for any purpose relating to:

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

(2)  equipping buildings and improvements for hospital purposes.

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



Section 1056.202.  Tax To Pay Bonds.

(a) An ad valorem tax shall be imposed at a rate sufficient to create an interest and sinking fund to pay the principal of and interest on bonds issued under Section 1056.201 as the bonds mature.

(b)  The tax required by this section together with any other ad valorem tax imposed for the district may not in any year exceed 75 cents on each $100 valuation of taxable property in the district.

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



Section 1056.203.  Bond Election.

(a) The district may issue bonds only if the bonds are authorized by a majority of the district voters voting at an election held in accordance with the provisions of Chapter 1251, Government Code, relating to county bonds.

(b)  The board shall call the election.

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



Section 1056.204.  Refunding Bonds.

(a) Refunding bonds may be issued without an election and in the manner provided by this subchapter to refund outstanding bonds issued or assumed by the district.

(b)  A refunding bond may be:

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

(2)  exchanged wholly or partly for not less than a similar amount of outstanding bonds and the matured but unpaid interest on the bonds.

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



Section 1056.205.  Execution Of Bonds.

(a) The board's presiding officer shall execute district bonds in the district's name.

(b)  The board secretary shall countersign the bonds.

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



Subchapter F. Taxes

Section 1056.251.  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:

(1)  pay the interest on and create a sinking fund for bonds assumed or issued by the district for hospital purposes as provided by this chapter;

(2)  provide for the operation and maintenance of the hospital or hospital system; and

(3)  make improvements and additions to the hospital system and acquire necessary sites for improvements and additions by purchase, lease, or condemnation.

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



Section 1056.252.  Tax Rate.

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

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



Section 1056.253.  Tax Assessor-collector.

(a) Except as provided by Subsection (b), the Martin County tax assessor-collector shall collect the taxes imposed on all property subject to district taxation.

(b)  The district may appoint its own tax assessor-collector.

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


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