Law:Title 3. Health (Texas)

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Subtitle A. Hospital Districts

Contents

Chapter 1001. City Of Amarillo Hospital District

Subchapter A. General Provisions

Section 1001.001.  Definitions.

In this chapter:

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

(2)  "District" means the City of Amarillo Hospital District.

(3)  "Governing body" means the governing body of the City of Amarillo.

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

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.002.  Nature Of District.

(a) The district is:

(1)  a public entity performing an essential public function; and

(2)  a body politic and corporate.

(b)  The functions of the district are governmental and public.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.003.  Duty To Name District.

The governing body shall specify the name of the district.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.004.  District Territory.

The boundaries of the district are coextensive with the boundaries of the City of Amarillo unless the district territory is expanded under:

(1)  Subchapter D; or

(2)  other law.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Subchapter B. District Administration

Section 1001.051.  Board; Term.

(a) The board consists of not fewer than five and not more than seven managers appointed by the governing body.

(b)  Managers serve two-year terms unless four-year elected terms are established under Section 285.081, Health and Safety Code.  The terms may overlap.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.052.  Manager Removal.

By majority vote, the governing body may remove a manager with or without cause.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.053.  Officers.

(a) The board shall select from among the managers a presiding officer.

(b)  The presiding officer shall preside over the board.  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 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.054.  Compensation.

A manager serves without pay.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.055.  Records Of Proceedings.

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

(b)  After each meeting:

(1)  the presiding officer or the presiding officer pro tem shall read and sign the record; and

(2)  the secretary shall attest the record.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.056.  District Administrator.

(a) The board shall:

(1)  appoint a person qualified by training and experience as district administrator; and

(2)  determine the administrator's compensation.

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

(c)  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 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.057.  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 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.058.  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 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.059.  Legal Counsel.

(a) The attorneys who represent the City of Amarillo in civil matters may represent the board in all legal matters.

(b)  The district shall contribute sufficient money to the City of Amarillo's account designated for the attorneys of the city to pay all additional salaries and expenses incurred by the attorneys in performing the duties required by the district.

(c)  The board may employ legal counsel selected by the board if the board considers the employment advisable.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.060.  Employees.

(a) The board may employ doctors, nurses, technicians, and other employees considered advisable for the efficient operation of the hospital or hospital system.

(b)  The board may delegate to the district administrator the authority to hire district employees.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.061.  Physician Qualification.

The board may use district money to ensure the initial and continued qualification of physicians and other personnel.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.062.  Health Care Educational Programs.

(a) The board may spend district money, enter into an agreement, or take other necessary action to conduct, participate in, or assist in providing health care educational programs for:

(1)  the public; or

(2)  current or potential medical staff members or district employees.

(b)  The board may contract with West Texas A&M University or another educational institution for:

(1)  the coordination of educational programs in recognized health care professions, including pharmacy, nursing, and allied health professions, to be conducted by each; and

(2)  cooperative funding of the educational programs.

(c)  The district may provide services, money, or equipment and may make district facilities available to West Texas A&M University or another educational institution for clinical instruction, research, or degree programs.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.063.  Retirement Program.

The board may establish or continue a retirement program for the benefit of the district's employees or contract with this state or the federal government for that purpose.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.064.  Liability Insurance.

The board may purchase insurance to protect the managers from any liability that results from service on the board.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.065.  Seal.

The board may use 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 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Subchapter C. Powers And Duties

Section 1001.101.  District Responsibility.

The district has full responsibility for providing medical and hospital care for the district's needy and indigent residents.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.102.  Restriction On Municipal Or County Taxation.

The City of Amarillo or a county may not impose a tax for hospital purposes on property within the district.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.103.  Management, Control, And Administration.

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

(b)  The Potter County Commissioners Court may participate in the operation of the district on terms agreed on by the governing body acting for the board.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.104.  Hospital System.

(a) The district may own and operate a hospital or hospital system for indigent and needy persons.

(b)  The district may provide for the establishment of a hospital or hospital system to provide medical aid and hospital care to indigent and needy persons residing in the district.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.105.  Rules.

The board may adopt rules for the operation of the hospital or hospital system.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.106.  Purchasing And Accounting Procedures.

(a) The governing body 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 governing body by resolution or order may delegate to the board a power described by Subsection (a).

(c)  The district shall pay the salaries and expenses necessarily incurred by the City of Amarillo or by an officer or agent of the City of Amarillo in performing a duty prescribed or required by this section.

(d)  An officer, employee, or agent of the City of Amarillo shall perform any function or service prescribed by the governing body under this chapter.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.107.  Eligibility Standards; Pricing.

(a) Not later than the first day of each fiscal year, the board shall adopt requirements for the district to use in determining whether a person is eligible for hospital, medical, or health care assistance from the district.

(b)  The board shall determine the price charged for district services and products and for the use of district facilities.

(c)  The board may use the pricing methods the board considers advisable, including discount and per diem pricing.

(d)  The board shall adopt an application procedure specifying the documentation required to support an application for assistance.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.108.  District Property, Facilities, And Equipment.

(a) The district may purchase or lease land inside or outside the district as required for district purposes.

(b)  Subject to Subsection (c), the district may sell or lease land owned by the district at public or private sale.

(c)  The district may not sell or lease real property until the governing body determines that:

(1)  the property is no longer required for district purposes; or

(2)  the grantee or lessee will use the property for hospital purposes or for purposes incidental and necessary to hospital purposes.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.109.  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 property interest is necessary or convenient for the district to exercise a right, power, privilege, or function 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 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 writ of error.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.110.  Gifts And Endowments.

(a) The board may accept for the district a gift or endowment to be held in trust or otherwise and administered by the board for any purpose and under any direction, limitation, or provision prescribed in writing by the donor that is not inconsistent with the proper management and objectives of the district.

(b)  The board may establish a foundation or nonprofit corporation for the purposes of this section.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.111.  Contracts For Services To Certain Persons.

Subject to the approval of the governing body, the board may contract with:

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

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

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.112.  Joint Administration Or Delivery Of Health Care Services.

To provide joint administration or delivery of health care services, the district may affiliate with or enter into an arrangement with:

(1)  a managed care system;

(2)  a preferred provider organization;

(3)  a health maintenance organization;

(4)  a provider of an alternative health care or delivery system; or

(5)  a private hospital.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.113.  Payment For Treatment; Procedures.

(a) When a patient from Potter County or the district has been 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 are liable to 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 for the patient's support.

(c)  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.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.114.  Reimbursement For Services To Nonresidents.

(a) The board shall require a county, municipality, or public hospital located outside the boundaries of the district to reimburse the district for the district's care and treatment of a sick or injured person of that county, municipality, or hospital, as provided by Chapter 61, Health and Safety Code.

(b)  The board shall require the sheriff or police chief of a county or municipality to reimburse the district for the district's care and treatment of a person who is confined in a jail facility of the county or municipality and is not a resident of the district.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.115.  Authority To Sue And Be Sued.

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

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Subchapter D. Change In Boundaries

Section 1001.151.  Petition To Expand District Territory.

(a) Registered voters of a defined territory not included in the district may file a petition with the board requesting inclusion of the territory in the district.

(b)  The petition must be signed by at least 50 registered voters of the territory or a majority of those voters, whichever is fewer.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.152.  Notice Of Hearing.

(a) The board by order shall set a time and place to hold a hearing on a petition to include a defined territory in the district.

(b)  The hearing shall be held at least 30 days after the date the board issues the order.

(c)  The board shall notify the governing body of the hearing.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.153.  Order Of Annexation.

(a) If, after a hearing under Section 1001.152, the board and the governing body determine that annexation of a defined territory into the district would benefit the district, the board and the governing body may approve the annexation by a resolution entered in their minutes.

(b)  The board and the governing body are not required to include all territory described in the petition if the board and the governing body find that including only a portion of the territory is necessary or desirable.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.154.  Ratification Election.

(a) Annexation of territory is final when approved by a majority of the voters at:

(1)  an election held in the district; and

(2)  a separate election held in the territory to be annexed.

(b)  The election shall be held not earlier than the 45th day and not later than the 60th day after the date the election is ordered.

(c)  The election may be called by the governing body on its own motion.

(d)  The election order must state:

(1)  the nature of the election, including the proposition to appear on the ballot;

(2)  the date of the election;

(3)  the hours during which the polls will be open; and

(4)  the location of the polling places.

(e)  The election shall be conducted by the persons responsible for conducting citywide elections in the City of Amarillo.  The district shall:

(1)  pay the City of Amarillo for the cost of an election held under this section; and

(2)  provide for the payment before the governing body orders the election.

(f)  Section 41.001(a), Election Code, does not apply to an election held under this section.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.155.  Notice Of Ratification Election.

(a) The governing body shall give notice of an election under Section 1001.154 by publishing once a week for two consecutive weeks a substantial copy of the election order in a newspaper with general circulation in:

(1)  the district; and

(2)  the territory proposed to be added to the district.

(b)  The first publication of the notice must appear at least 35 days before the date of the election.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.156.  Assumption Of Debt And Taxes.

If the district has outstanding debts or taxes, the voters in an election to approve annexation under Section 1001.154 must determine whether the annexed territory will assume its portion of the debts or taxes on annexation.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.157.  Ballot.

The ballot for an election under Section 1001.154 shall be printed to permit voting for or against the following, as applicable:

(1)  "Adding (description of territory to be annexed) to the City of Amarillo Hospital District and authorizing the governing body of the City of Amarillo to impose annual taxes to support the City of Amarillo Hospital District at a rate not to exceed 75 cents on each $100 valuation of taxable property in the territory to be annexed."

(2)  "(Description of territory to be annexed) assuming its proportionate share of the outstanding debts and taxes of the City of Amarillo Hospital District, if the territory is added to the district."

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Subchapter E. Expansion Of Service

INTO RANDALL COUNTY


Section 1001.201.  Election On Expansion Of Service.

(a) On presentation of a petition for an authorization election signed by at least five percent of the qualified voters of Randall County who do not reside within the boundaries of the City of Amarillo or the South Randall County Hospital District, the Randall County Commissioners Court shall call an election to authorize:

(1)  the City of Amarillo Hospital District to serve the residents of that designated area of Randall County; and

(2)  the Randall County Commissioners Court to impose a tax to support the district at a rate not to exceed 75 cents on each $100 valuation of all property in the area.

(b)  An election authorized under this section shall be held not later than the 60th day after the date the election is ordered.

(c)  Section 41.001(a), Election Code, does not apply to an election ordered under this section.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.202.  Ballot.

The ballot for an election under this subchapter shall be printed to permit voting for or against the proposition:  "The assumption by the City of Amarillo Hospital District of the duty to serve Randall County residents who do not reside within the boundaries of the City of Amarillo or the South Randall County Hospital District, and the imposition of annual taxes to support the Amarillo Hospital District at a rate not to exceed 75 cents on each $100 valuation of taxable property in the proposed area to be served."

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.203.  Election Results.

If a majority of the votes in an election under this subchapter favor the expansion proposition:

(1)  the district, by resolution, shall assume:

(A)  the duty to serve the designated area of Randall County; and

(B)  the responsibility of Randall County to provide medical and hospital care to the indigent and needy inhabitants of that area; and

(2)  the Randall County Commissioners Court shall impose a tax sufficient to pay the costs, as determined by the board, of providing medical and hospital care to the indigent and needy residents of that area.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.204.  Taxes.

A tax imposed by the Randall County Commissioners Court under this subchapter may not exceed 75 cents on each $100 valuation of all property in Randall County that is not within the boundaries of the City of Amarillo or the South Randall County Hospital District.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.205.  Participation In Operation Of District.

The Randall County Commissioners Court and the governing body, acting for the board, may agree on terms under which the commissioners court may participate in the operation of the district.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.206.  Cumulative Effect.

This subchapter and Subchapter F are cumulative of any other law establishing the manner in which Randall County, or any portion of Randall County, may participate in, be annexed to, or otherwise be served by the district.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Subchapter F. Discontinuation Of Service To Randall County Territory

Section 1001.251.  Election On Discontinuation Of Service.

(a) On presentation of a petition for a discontinuation election signed by at least five percent of the qualified voters of the area receiving services under Subchapter E, the Randall County Commissioners Court shall call an election to discontinue:

(1)  the provision of services by the district; and

(2)  the imposition of taxes to support the district.

(b)  The election shall be held not later than the 60th day after the date the election is ordered.

(c)  Section 41.001(a), Election Code, does not apply to an election ordered under this section.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.252.  Ballot.

The ballot for an election under this subchapter shall be printed to provide for voting for or against the proposition:  "Discontinuation by the City of Amarillo Hospital District of the duty to provide services and discontinuation of the imposition of taxes to support the district."

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.253.  Election Results.

If a majority of the votes in an election favor the proposition to discontinue service under this subchapter, the district is relieved of the duty to provide medical and hospital care to the indigent and needy residents of the area receiving services in Randall County and shall cease providing the services.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.254.  Taxes.

The district is entitled to receive taxes from the area in which services are discontinued under this subchapter in an amount sufficient to pay expenses incurred by the district in serving the area residents before the date services were discontinued.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Subchapter G. General Financial Provisions

Section 1001.301.  Budget.

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

(b)  The governing body and the board shall:

(1)  provide in each annual budget for the payment of all operation and maintenance expenses of the district; and

(2)  consider the estimated excess revenues and income from hospital facilities available for paying the operation and maintenance expenses after providing for the principal, interest, and reserve requirements of revenue bonds issued for the district.

(c)  The budget must be approved by the board and presented to the governing body for final approval.

(d)  The governing body must approve all budget revisions.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.302.  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;

(2)  the governing body;

(3)  the Potter County Commissioners Court;

(4)  the Texas Board of Health; and

(5)  the comptroller.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.303.  Depository.

(a) The board shall select one or more depositories for the district in the manner provided by law for the selection of a county depository.

(b)  A depository selected by the board shall be the depository of the district until one or more successors are selected and qualified.

(c)  All income received by the district, including tax revenue after deducting discounts and fees for assessing and collecting the taxes, shall be deposited with the hospital depository and may be withdrawn only as provided by this chapter.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Subchapter H. Bonds

Section 1001.351.  General Obligation Bonds.

The governing body may issue and sell general obligation bonds in the name and on the faith and credit of the district to purchase, construct, acquire, equip, or enlarge the hospital or hospital system.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.352.  Tax To Pay General Obligation Bonds.

(a) The governing body 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 general obligation 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 75 cents on each $100 valuation of all taxable property in the district.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.353.  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 at an election held according to the law relating to municipal bonds.

(b)  The governing body shall call the election at the request of the board and may also call the election on its own motion.

(c)  The person charged with conducting and arranging citywide elections is responsible for conducting the bond election.

(d)  The district shall pay the cost of a bond election.  The district must provide for the payment of election costs before the governing body is required to order an election.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.354.  Execution Of General Obligation Bonds.

(a) The mayor of the City of Amarillo shall execute the general obligation bonds in the district's name.

(b)  The city secretary shall countersign the bonds.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.355.  Investment Of General Obligation Bond Proceeds.

Proceeds from the sale of general obligation bonds may be invested in direct obligations of the United States government.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.356.  Revenue Bonds.

(a) The governing body may issue and sell revenue bonds for and in the name of the district to:

(1)  purchase, construct, acquire, repair, renovate, improve, enlarge, or equip hospital facilities; or

(2)  acquire real or personal property for use in connection with the hospital facilities.

(b)  A revenue bond issued under this section is a special obligation of the district.

(c)  A revenue bond issued under this section must mature not later than 40 years after the date of issuance.  The total principal of revenue bonds issued and outstanding may not exceed $20 million.

(d)  Under the terms prescribed in an ordinance authorizing the issuance of revenue bonds, the governing body may provide for the subsequent issuance of additional parity bonds, subordinate lien bonds, or other types of bonds.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.357.  Payment Of Revenue Bonds; Security.

(a) The governing body may:

(1)  issue revenue bonds payable from and secured by liens on and pledges of all or any part of the revenues and income, other than ad valorem taxes, derived by the district from the operation and ownership of hospital facilities; and

(2)  pledge to the payment of revenue bonds all or any part of a grant, donation, or income received or to be received from the United States or any other public or private source.

(b)  The bonds may be additionally secured by a mortgage or deed of trust on any real property on which a district hospital facility is or will be located and any real or personal property incident or appurtenant to the facility.  The governing body may authorize the execution and delivery of a trust indenture, mortgage, deed of trust, or other form of encumbrance to evidence the security interest.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.358.  Use Of Revenue Bond Proceeds.

(a) If permitted in the bond ordinance, any required part of the proceeds from the sale of the revenue bonds may be used to:

(1)  pay interest on the bonds during the construction of a hospital facility to be provided through the issuance of the bonds;

(2)  pay operation and maintenance expenses of the facility to the extent and for the time specified in the bond ordinance; and

(3)  create reserves for the payment of the principal of and interest on the bonds.

(b)  The proceeds of the bonds may be invested until needed to the extent and in the manner provided by the bond ordinance.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.359.  Charge For Occupancy Or Use Of Hospital Facility.

The governing body and the board shall establish and collect charges for the occupancy or use of a hospital facility and for related services in the amounts and manner determined by the board.  The charges shall be set and collected in amounts at least sufficient with any other pledged resources to:

(1)  pay the principal of, interest on, and any other amounts required in relation to the bonds issued by the district; and

(2)  to the extent required by the bond ordinance, pay all or any part of the operation, maintenance, and other expenses of the hospital facility.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.360.  Refunding Bonds.

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

(b)  Refunding bonds may be:

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

(2)  exchanged in whole or in part for not less than a like amount of bonds to be refunded and the matured but unpaid interest on those bonds.

(c)  The refunding bonds must mature not later than 40 years after the date of issuance.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.361.  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)  a transaction relating to the bonds; and

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

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Subchapter I. Taxes

Section 1001.401.  Imposition Of Ad Valorem Tax.

(a) The governing body shall impose on all taxable property in the district, for the benefit of the district, a tax at a rate not to exceed 75 cents on each $100 valuation of the property.

(b)  The governing body shall impose the tax at the same time taxes are imposed for municipal purposes, using the municipal appraisal roll.

(c)  The tax may be used 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)  when requested by the board and approved by the governing body, make improvements and additions to the hospital system and acquire necessary sites by purchase, lease, or condemnation.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.402.  Duty To Impose Tax.

(a) The ordinance authorizing the issuance of revenue bonds may pledge the proceeds of an annual ad valorem tax for the payment of the district's operation and maintenance expenses.

(b)  If the annual ad valorem tax is pledged, the governing body shall, during each year during which the bonds are outstanding, compute a tax rate sufficient to pay the operation and maintenance expenses.  The tax rate shall be based on the most recent certified appraisal roll of the district.

(c)  The ad valorem tax shall be imposed on all taxable property in the district for each year the bonds are outstanding.  The tax shall be assessed and collected each year and used for the purpose prescribed by this section to the extent required.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.403.  Potter County Tax.

(a) The Potter County Commissioners Court may impose an ad valorem tax on all property inside the county and outside the boundaries of the City of Amarillo to provide financial aid to the district.

(b)  The tax may not exceed 10 cents on each $100 valuation of all taxable property described by Subsection (a).

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.404.  Tax Assessor-collector.

(a) The tax assessor and collector for the City of Amarillo shall collect taxes imposed on all property subject to district taxation in the same manner and under the same conditions as for city taxes.

(b)  From payments to the district, the tax assessor and collector shall deduct fees for assessing and collecting the tax.  The fee may not exceed 1-1/2 percent of the amount collected as determined by the governing body.  The collected fees shall be deposited in the City of Amarillo's general fund.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.



Section 1001.405.  Interest, Penalties, And Discounts.

Interest, penalties, and discounts on taxes paid to the district shall be the same as those on taxes paid to the city.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.01, eff. April 1, 2007.

Chapter 1002. Angleton-danbury Hospital District Of Brazoria County, Texas

Subchapter A. General Provisions

Section  1002.001.  Definitions.

In this chapter:

(1)  "Board" means the board of directors of the district.

(2)  "District" means the Angleton-Danbury Hospital District of Brazoria County, Texas.

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

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.002.  Authority For Creation.

The Angleton-Danbury Hospital District of Brazoria County, Texas, is created under the authority of Section 9, Article IX, Texas Constitution.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.003.  Political Subdivision.

The district is a political subdivision of this state.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.004.  District Territory.

(a) The district is composed of the territory described by Section 1, Chapter 120, Acts of the 60th Legislature, Regular Session, 1967, as that territory may have been modified under:

(1)  Subchapter D or its predecessor statute, Section 4a, Chapter 120, Acts of the 60th Legislature, Regular Session, 1967; or

(2)  other law.

(b)  The legislature finds that the boundaries and field notes of the district contained in Section 1, Chapter 120, Acts of the 60th Legislature, Regular Session, 1967, form a closure. A mistake in the field notes or in copying the field notes in the legislative process does not affect:

(1)  the organization, existence, or validity of the district;

(2)  the right of the district to issue bonds;

(3)  the right of the district to impose taxes; or

(4)  the legality or operation of the district in any other manner.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.005.  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.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.006.  District Support And Maintenance Not State Obligation.

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

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Subchapter B. District Administration

Section  1002.051.  Board Of Directors; Election.

(a) The board consists of nine persons elected as provided by this section.

(b)  For the purpose of electing a board, the district is divided into three areas:

(1)  Area Angleton, composed of:

(A)  all territory within Brazoria County election precincts Nos. 1, 2, and 5 that is within the boundaries of the Angleton Independent School District, as those precincts and those boundaries existed on January 1, 1967; and

(B)  that part of Brazoria County election precinct No. 6 that is west of Chocolate Bayou and within the boundaries of the Angleton Independent School District, as that precinct and those boundaries existed on January 1, 1967;

(2)  Area Danbury, composed of all territory within the boundaries of the Danbury Independent School District, as those boundaries existed on January 1, 1967; and

(3)  Area Rosharon, composed of:

(A)  all territory within Brazoria County election precinct No. 9 that is not within the boundaries of the Danbury Independent School District, as that precinct and those boundaries existed on January 1, 1967; and

(B)  all territory within Brazoria County election precinct No. 21 that is not within the boundaries of the Manvel Independent School District, as that precinct and those boundaries existed on January 1, 1967.

(c)  A change in the boundaries of an election precinct or a school district does not affect or change the boundaries of an area prescribed by Subsection (b).

(d)  Eight directors are elected by position and one director is elected at large. The persons elected for Director, Position Nos. 1, 2, 3, 4, and 5 must be residents of Area Angleton. The persons elected for Director, Position Nos. 6 and 7 must be residents of Area Danbury. The person elected for Director, Position No. 8 must be a resident of Area Rosharon. The director elected for Position No. 9 must be a resident of the district at large.

(e)  At each directors' election, all qualified voters of the district may vote for directors. The candidate for a position receiving the highest number of votes for election to that position is a director for the district.

(f)  Directors serve staggered two-year terms unless four-year terms are established under Section 285.081, Health and Safety Code. If the directors serve two-year terms, the terms of directors elected to odd-numbered positions expire in even-numbered years and the terms of directors elected to even-numbered positions expire in odd-numbered years.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.052.  Bond; Record Of Bond And Oath Of Office.

(a) Each director shall execute a good and sufficient bond for $5,000 that is:

(1)  approved by the Commissioners Court of Brazoria County and the board;

(2)  payable to the district; and

(3)  conditioned on the faithful performance of the director's duties.

(b)  The bond and the constitutional oath of office shall be kept in the permanent records of the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.053.  Board Vacancy.

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

(b)  If the number of directors is reduced to less than five, the remaining directors shall immediately call a special election to fill the vacancies. On application of any voter or taxpayer of the district when the board fails to call an election, a district court may order the directors to hold the election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.054.  Officers.

The board shall elect a president and a secretary from among the directors to serve until the next directors election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.055.  Compensation; Reimbursement.

A director serves without compensation but may be reimbursed for actual expenses incurred by the director in the performance of official duties on the approval of the expenses by the board.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.056.  Voting Requirement.

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

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.057.  Recruitment Of Staff And Employees.

The board may spend district money, enter into agreements, and take other necessary action to recruit physicians and other persons to serve as medical staff members or district employees, including:

(1)  advertising and marketing;

(2)  paying travel, recruitment, and relocation expenses; and

(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 contractually agrees to become a medical staff member or district employee.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.058.  Staff Physician Office Facilities.

(a) The board shall determine the type, number, and location of buildings necessary to establish and maintain office facilities for staff physicians to provide adequate medical care.

(b)  The board may:

(1)  acquire property and equipment and construct facilities for the district for use by staff physicians; and

(2)  mortgage or pledge the property, equipment, or facilities as security for the payment of the purchase price or construction cost.

(c)  The board may lease the office facilities and equipment to staff physicians or may sell or otherwise dispose of the property, facilities, and equipment.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.059.  Health Education Programs For Staff And Employees.

The board may spend district money, enter into agreements, and take other necessary action to conduct, participate in, or otherwise assist in providing health care educational programs for current or prospective medical staff members or district employees.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.060.  Retirement Of 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.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Subchapter C. Powers And Duties

Section  1002.101.  District Responsibility.

The district has full responsibility for providing medical and hospital care for the district's needy residents.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.102.  Limitation On Certain Political Subdivisions.

A political subdivision other than the district in Brazoria County may not impose taxes or issue bonds or other obligations for hospital purposes or to provide medical care for district residents.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.103.  Powers Of Board.

(a) The board has all powers necessary, convenient, or incidental to carry out the purposes for which the district was created.

(b)  The board has the complete management and control of all the business of the district, including the power to negotiate and contract with any person to purchase or lease land, to construct and equip a hospital system, to operate and maintain a hospital or hospitals, and to negotiate and contract with other political subdivisions of the state or private individuals, associations, or corporations for those purposes, all as may be determined to be necessary or desirable for the district by the board.

(c)  This section is not a limitation on the powers of the board.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.104.  Hospital System.

(a) The district shall provide for the establishment of a hospital or hospital system within the district's boundaries to provide health care services to persons residing in the district by:

(1)  purchasing, constructing, acquiring, repairing, or renovating buildings and improvements;

(2)  equipping the buildings and improvements; and

(3)  administering the buildings and improvements for hospital purposes.

(b)  The hospital system may include any facility or equipment the board considers necessary or appropriate for providing health care services, including:

(1)  domiciliary care and treatment of sick, injured, or geriatric patients;

(2)  outpatient clinics;

(3)  rural health clinics;

(4)  convalescent home facilities;

(5)  assisted living or personal care facilities;

(6)  physicians' offices;

(7)  home health care services;

(8)  durable medical equipment;

(9)  long-term care;

(10)  skilled and intermediate nursing care;

(11)  preventive care services;

(12)  ancillary support;

(13)  pharmacies;

(14)  hospice care;

(15)  community mental health centers; and

(16)  alcohol or chemical dependency centers.

(c)  The district may operate or assist in the operation of a mobile emergency medical service as part of the hospital system.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.105.  Operating, Management, Or Consulting Contracts.

(a) The board may enter into an operating, management, or consulting contract to obtain management or consulting services for the district or for any portion of the district. The contract must provide that the board retains responsibility for and control of the district's operation.

(b)  A company providing services to the district under the contract, and the officers, directors, and employees of the company, while performing services under the contract for the benefit of the district:

(1)  are solely employees of the district for purposes of any determination regarding the immunity or liability of the company or its officers, directors, and employees; and

(2)  have immunity or limited liability under laws applicable to district employees, whether statutory or common law, to the extent a district employee would be entitled under the same circumstances.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.106.  Provision Of Services Outside District.

Subject to the approval of the board, the district may provide primary care, emergency services, preventive medical services, and other health-related services outside the district if the services serve the purpose of the district as established by this chapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.107.  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 the territory of the district if the interest is necessary or convenient for the district to exercise the rights, powers, privileges, or functions conferred by this chapter.

(b)  The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code, but 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 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 bond for cost or supersedeas on an appeal or writ of error.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.108.  Gifts And Endowments.

(a) 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 provisions prescribed in writing by the donor that are not inconsistent with the proper management and objectives of the district.

(b)  This section is not a limitation on the authority of the board.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.109.  Authority To Sue And Be Sued.

As a government agency, the district may sue and be sued in its own name in any court of this state.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section 1002.110.  Public Works Contracts.

With respect to the construction of public works, the district has all of the powers and duties conferred on a municipality under Subchapter H, Chapter 271, Local Government Code, with respect to the construction of a facility.  To the extent of any conflict, this section prevails over any other law relating to the construction of public works engaged in by the district.

Added by Acts 2005, 79th Leg., Ch. 728, Sec. 18.001(a), eff. September 1, 2005.



Subchapter D. Change In Boundaries

Section  1002.151.  Petition To Expand District Territory.

(a) Territory may be added to the district on a petition for annexation signed by the owners of a majority in value of the land sought to be annexed, as shown by the county tax rolls.

(b)  The petition must be filed with the secretary of the board.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.152.  Notice Of Hearing.

(a) The board shall pass an order fixing a time and place at which the petition shall be heard.

(b)  The secretary shall issue notice of the time and place of the hearing. The notice must describe the territory proposed to be annexed by metes and bounds or by lot and block number, if there is a recorded map or plat and survey of the land.

(c)  Notice of the hearing shall be given by publication of a copy of the notice in a newspaper of general circulation in Brazoria County at least one time, the date of the first publication to be at least 10 days before the date of the hearing.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.153.  Order Of Annexation.

If, after hearing the petition, the board finds that the proposed annexation is to the advantage of the district and to the territory to be annexed, the board may by order annex the territory to the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.154.  Ratification Election.

(a) Annexation of the territory does not become final until ratified by a majority vote at a separate election held within the boundaries of the district and by a majority vote at a separate election held within the territory to be annexed.

(b)  The election must be called by the board on its own motion. The order calling the election shall specify the date, the place or places where the election shall be held, and the presiding election officers.

(c)  Notice of the election shall be given by publishing a substantial copy of the order calling the election in a newspaper of general circulation in Brazoria County once a week for two consecutive weeks, the date of the first publication to be at least 14 days before the date set for the election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.155.  Assumption Of Debts And Taxes.

If the district has outstanding debts or taxes, the proposition for assumption of its proportion of the debts or taxes by the territory if annexed shall also be submitted at the election. The annexed territory shall bear its pro rata part of all indebtedness or taxes that may be owed, contracted, or authorized by the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Subchapter E. Dissolution

Section  1002.201.  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 on the question of dissolution of the district if the board receives a petition requesting an election that is signed by a number of residents of the district equal to at least 15 percent of the registered voters in the district.

(d)  The election shall be held not later than the 60th day after the date the election is ordered.

(e)  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.

(f)  Section 41.001(a), Election Code, does not apply to an election ordered under this section.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.202.  Notice Of Election.

(a) The board shall give notice of the election 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 at least 35 days before the date set for election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.203.  Ballot.

The ballot for the election shall be printed to permit voting for or against the proposition: "The dissolution of the Angleton-Danbury Hospital District of Brazoria County, Texas."

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.204.  Election Results.

(a) If a majority of the votes in the election favor dissolution, the board shall find that the district is dissolved.

(b)  If a majority of the votes in the election do not favor dissolution, the board shall continue to administer the district and another election on the question of dissolution may not be held before the first anniversary of the date of the most recent election to dissolve the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.205.  Transfer Or Administration Of Assets.

(a) If a majority of the votes in the election held under this subchapter favor dissolution, the board shall:

(1)  transfer the land, buildings, improvements, equipment, and other assets that belong to the district to Brazoria County or another governmental agency in Brazoria County; or

(2)  administer the property, assets, and debts until all funds have been disposed of and all district debts have been paid or settled.

(b)  If the board makes the transfer under Subsection (a)(1), the county or agency assumes all debts and obligations of the district at the time of the transfer, and the district is dissolved.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.206.  Sale Or Transfer Of Assets And Liabilities.

(a) Notwithstanding any other provision of this subchapter, the district may not be dissolved unless the board provides for the sale or transfer of the district's assets and liabilities to another person or entity.

(b)  The dissolution of the district and the sale or transfer of the district's assets or liabilities may not contravene a trust indenture or bond resolution relating to the outstanding bonds of the district. The dissolution and sale or transfer does not diminish or impair the rights of a holder of an outstanding bond, warrant, or other obligation of the district.

(c)  The sale or transfer of the district's assets and liabilities must satisfy the debt and bond obligations of the district in a manner that protects the interests of the residents of the district, including the residents' collective property rights in the district's assets. The district may not transfer or dispose of the district's assets except for due compensation unless the transfer is made to another governmental agency that serves the district and the transferred assets are to be used for the benefit of the residents of the district.

(d)  A grant from federal funds is an obligation to be repaid in satisfaction.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.207.  Imposition Of Tax And Return Of Surplus Taxes.

(a) After the board finds that the district is dissolved, the board shall:

(1)  determine the debt owed by the district; and

(2)  impose on the property included in the district's tax rolls a tax that is in proportion of the debt to the property value.

(b)  When all outstanding debts and obligations of the district are paid, the board shall order the secretary to return the pro rata share of all unused tax money to each district taxpayer.

(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 county tax assessor-collector.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.208.  Report; Dissolution Order.

(a) After the district has paid all its debts and has disposed of all its assets and funds as prescribed by this subchapter, the board shall file a written report with the Commissioners Court of Brazoria County summarizing the board's actions in dissolving the district.

(b)  Not later than the 10th day after the date the Commissioners Court of Brazoria County receives the report and determines that the requirements of this subchapter have been fulfilled, the commissioners court shall enter an order dissolving the district and releasing the board from any further duty or obligation.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Subchapter F. District Funds

Section  1002.251.  Depository.

As soon as practicable after the creation election results favorably to the creation of the district, the board shall by resolution designate a bank within the county as the district's depository, and all funds of the district shall be secured in the manner provided for the security of county funds. Such depository shall serve for a period of two years and until a successor has been selected.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.252.  Authority To Borrow Money; Security.

(a) The board may borrow money for district obligations.

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

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

(2)  taxes to be imposed by the district in the next 12-month period that are 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 on which the loan is made. A loan for which district revenues are pledged must mature not later than the fifth anniversary of the date on which the loan is made.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Subchapter G. Bonds

Section  1002.301.  General Obligation Bonds.

(a) The board may issue and sell bonds authorized by an election in the name and on the faith and credit of the district to:

(1)  purchase, construct, acquire, repair, or renovate buildings or improvements; and

(2)  equip buildings or improvements for hospital purposes.

(b)  The bonds shall be sold at the time, in the manner, and under the terms determined by the board.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.302.  Taxes To Pay General Obligation Bonds.

(a) The board shall impose an annual ad valorem tax in an amount sufficient to create an interest and sinking fund to pay the principal of and interest on the general obligation bonds as they mature.

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

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.303.  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 call the election on its own motion. The order calling the election must specify:

(1)  the date of the election;

(2)  the place or places where the election will be held;

(3)  the names of the presiding election officers;

(4)  the purpose for which the bonds are to be issued;

(5)  the amount of the bonds;

(6)  the maximum interest rate of the bonds; and

(7)  the maximum maturity of the bonds, which may not exceed 40 years from the date of issuance.

(c)  Notice of a bond election shall be given by publishing a substantial copy of the order calling the election in a newspaper of general circulation in the district as provided by Section 4.003(a)(1), Election Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.304.  Execution Of General Obligation Bonds.

The board president shall execute the general obligation bonds in the name of the district. The board secretary shall countersign the bonds.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.305.  Investment Of General Obligation Bond Proceeds.

Any part of the proceeds of general obligation bonds, until they are needed for the purpose for which the bonds were issued, may be invested in securities of the United States or placed on time deposit or in certificates of deposit.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.306.  Revenue Bonds.

(a) The board may issue revenue bonds to:

(1)  purchase, construct, repair, renovate, or acquire buildings, sites, or improvements and equip buildings, sites, or improvements for hospitals and the hospital system; and

(2)  establish and maintain office facilities for staff physicians under Section 1002.058.

(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's hospital system, including district facilities.

(c)  Bonds issued under Subsection (a)(1) may be additionally secured by a mortgage or deed of trust lien on all or part of the district property.

(d)  Bonds issued under Subsection (a)(1) 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.

(e)  Bonds issued under Subsection (a)(2) must be issued in the manner provided by Sections 264.042-264.047(a), 264.048, and 264.049, Health and Safety Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Subchapter H. Taxes

Section  1002.351.  Imposition Of Taxes.

(a) The board shall impose on all property subject to district taxation, for the benefit of the district, a tax at a rate not to exceed 75 cents on each $100 assessed value of the property according to the most recent certified appraisal roll of the district.

(b)  The board shall impose the tax to:

(1)  meet the requirements of the district's bonds;

(2)  provide for the district's maintenance and operating expenses;

(3)  make improvements and additions to the district's hospitals or hospital system; and

(4)  acquire necessary sites for hospitals or the hospital system by gift, purchase, lease, or condemnation.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  1002.352.  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.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.


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