CHAPTER 263. COUNTY HOSPITALS AND OTHER HEALTH FACILITIES
HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE C. LOCAL HOSPITALS
CHAPTER 263. COUNTY HOSPITALS AND OTHER HEALTH FACILITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 263.001. TWO OR MORE COUNTIES MAY JOIN. (a) Two or more
adjacent counties may act together to carry out the purposes of
this chapter and construct one or more hospitals for their joint
use as provided by this chapter for a single county if:
(1) each of the counties has fewer than 15,000 inhabitants; and
(2) the Texas Board of Health approves.
(b) The counties acting together have the same powers and
liabilities under this chapter as a single county.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.002. ADDITIONAL HOSPITAL. A county may maintain more
than one county hospital if considered advisable by the
commissioners court of the county and approved by the Texas Board
of Health.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER B. ESTABLISHING, ENLARGING, SELLING, AND CLOSING
COUNTY HOSPITALS
Sec. 263.021. ESTABLISHING OR ENLARGING HOSPITAL ON PETITION;
SUBMISSION OF BOND PROPOSITION. (a) The commissioners court of
a county may establish a county hospital or any medical or other
health facility or enlarge an existing hospital or facility for
the care and treatment of persons who are sick or injured in
accordance with this subchapter.
(b) Ten percent or more of the qualified property taxpaying
voters of a county may petition the commissioners court of the
county to establish or enlarge a county hospital or any medical
or other health facility.
(c) A petition may not be presented to the commissioners court
during the 12-month period succeeding the date on which a
petition under this section was last presented to the court
unless the county does not own a hospital.
(d) On proper petition, the commissioners court shall, within
the period designated in the petition, submit to the qualified
voters of the county at a special or regular election the
proposition of issuing bonds in the amount designated in the
petition to establish or enlarge the hospital or facility.
(e) The commissioners court may not submit to the voters a bond
proposition to establish or enlarge a county hospital or facility
more than twice during any 12-month period.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.022. POWERS AND DUTIES OF COMMISSIONERS COURT AFTER
PASSAGE OF BOND PROPOSITION. (a) If a bond proposition under
Section 263.021 is approved by a majority of the qualified voters
voting at the election, the commissioners court of the county
shall establish or enlarge a hospital or medical or other health
facility as provided in the proposition and maintain the hospital
or facility.
(b) In establishing, enlarging, or maintaining a hospital or
facility, the commissioners court may:
(1) purchase or lease real or personal property or acquire real
property and easements to real property by condemnation;
(2) purchase or construct any necessary buildings;
(3) make necessary improvements, repairs, and alterations to an
existing building;
(4) impose property taxes in the county for all necessary
expenditures related to the hospital or facility, including
maintenance expenses;
(5) issue county bonds to provide funds to establish, enlarge,
and equip the hospital or facility or make any necessary
permanent improvements in connection with the hospital or
facility; and
(6) accept and hold a grant or devise of land or a gift or
bequest of money or personal property in trust for the county and
apply the principal or income, or both, for the benefit of the
hospital or facility and in accordance with the terms of the
gift.
(c) Subject to this chapter, the commissioners court may
purchase or lease real or personal property, or both, in an
adjacent county if the court considers the purchase or lease
necessary for hospital purposes. The commissioners court may not
acquire real property in an adjacent county by condemnation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.023. CONSTRUCTION OF HOSPITAL TO AVOID INADEQUATE CARE
IN CERTAIN COUNTIES. (a) The commissioners court of a county
shall provide for the construction of a county hospital if:
(1) the county has a municipality with more than 10,000
inhabitants as ascertained by the court in the manner determined
by a resolution of the court; and
(2) the county does not have a county hospital or the county
hospital is inadequate.
(b) The commissioners court shall provide for the construction
of the hospital within six months after the date the number of
inhabitants of the municipality exceeds 10,000 except that the
Texas Board of Health may, for good cause, extend this period.
(c) The hospital must have a room or ward for the care of
confinement cases and a room or ward for the temporary care of
persons suffering from mental or nervous disease.
(d) The hospital must have separate buildings for persons
suffering from tuberculosis and other communicable diseases.
(e) Sufficient accommodations shall be added to the hospital as
needed to take care of persons in the county who are sick or
injured.
(f) If adequate funds for the issuance of county warrants and
scrip for the construction of the hospital are not available from
the county, the commissioners court shall submit, either at a
special election called for the purpose or at a regular election,
the proposition of the issuance of county bonds for the
construction of the hospital. If the proposition is not approved
by a majority vote at the election, the court shall, on petition
of 10 percent or more of the qualified voters of the county,
resubmit the proposition.
(g) A petition may not be presented to the commissioners court
if a petition has been presented to the court in the preceding 12
months.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.024. HOSPITAL REVENUE BONDS. (a) A county may issue
revenue bonds for:
(1) acquiring, constructing, repairing, equipping, or renovating
buildings and improvements for county hospital purposes; or
(2) acquiring land for county hospital purposes.
(b) The county may issue bonds to refund previously issued
revenue bonds.
(c) The revenue bonds shall be payable from and secured by a
pledge of all or a part of the revenues of the county derived
from the operation of the hospital. The bonds may be additionally
secured by a mortgage or deed of trust lien on all or part of the
county's hospital property.
(d) The revenue bonds must be issued in accordance with Sections
264.042-264.047(a), 264.048, and 264.049, and with the effect
specified by Section 264.050.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.025. HOSPITAL OPERATING FUNDS USED FOR IMPROVEMENTS IN
COUNTIES OF 24,500 TO 25,500. The commissioners court of a
county with a population of 24,500 to 25,500 may use excess money
in the county hospital operating fund for making permanent
improvements to the county hospital and for the payment of county
bonds issued for the construction and improvement of a county
hospital facility.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 71, eff. Sept. 1,
1991; Acts 2001, 77th Leg., ch. 669, Sec. 35, eff. Sept. 1, 2001.
Sec. 263.026. HEALTH UNIT OR CENTER IN COUNTY WITH POPULATION
GREATER THAN 100,000. (a) The commissioners court of a county
with a population of more than 100,000 that has a county hospital
may acquire sites and construct or otherwise acquire buildings to
use for county public health units or public health centers as
part of the county hospital system. The commissioners court may
locate a health unit or center anywhere in the county.
(b) Payments for the sites or buildings shall be made from the
county permanent improvement fund. To pay for a site or building
for a health unit or center, the commissioners court may:
(1) issue negotiable bonds and impose taxes to pay the principal
of and interest on the bonds in accordance with Subtitles A and
C, Title 9, Government Code;
(2) issue time warrants and impose taxes to pay the principal of
and interest on the time warrants in accordance with Subchapter
C, Chapter 262, Local Government Code; or
(3) by order issue certificates of indebtedness and impose taxes
to pay the principal of and interest on the certificates in
accordance with this section.
(c) The certificates of indebtedness must:
(1) mature not later than 35 years after the date of the
certificates; and
(2) be signed by the county judge and attested by the county
clerk, either by their actual or facsimile signatures as provided
by the order of issuance.
(d) The interest on certificates of indebtedness may be
evidenced by interest coupons at the discretion of the
commissioners court. The interest coupons must be executed by the
facsimile signatures of the county judge and county clerk.
(e) The certificates of indebtedness and the record relating to
their issuance shall be submitted to the attorney general for
examination. If the certificates are issued in accordance with
the Texas Constitution and this section, the attorney general
shall approve the certificates and the comptroller shall register
the certificates. If the certificates are registered, they are
incontestable after they are delivered to the purchasers.
(f) The commissioners court shall sell the certificates of
indebtedness for not less than their par value plus accrued
interest. The commissioners court shall impose a continuing
annual ad valorem tax sufficient to pay the principal of and
interest on the certificates as each becomes due and payable.
(g) Certificates of indebtedness issued under this section are
negotiable instruments.
(h) The commissioners court may issue refunding bonds to refund
bonds and certificates issued under this section, subject to
state law applicable to refunding bonds issued by counties. The
commissioners court may issue the refunding bonds without notice
or a referendum.
(i) The commissioners court may issue refunding bonds to refund
time warrants issued under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 32, eff. Sept. 1,
1999.
Sec. 263.027. APPROVAL OF CONSTRUCTION OR REPAIR BY BOARD OF
HEALTH. If requested by the commissioners court of a county, the
Texas Board of Health must approve plans for the construction,
alteration, or repair of a hospital or facility under this
chapter before the construction, alteration, or repair may begin.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.028. CONTRACT FOR CARE. (a) The commissioners court
of a county that does not have a municipality with a population
of more than 10,000 may contract with a hospital in the county,
an incorporated society or municipality in the county that
maintains a hospital, or an adjacent county for the care of
residents of the county who are sick or injured.
(b) The term of the contract may not exceed one year.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.029. SALE OR LEASE OF HOSPITAL. (a) A county may sell
or lease all or part of a county hospital or medical or other
health facility operated by the county, including real property,
if the commissioners court of the county, by order entered in the
minutes of the court, finds that the sale or lease is in the best
interest of the county.
(b) The commissioners court shall set a time and place for a
hearing on the proposed sale or lease. The date of the hearing
may not be earlier than the 16th day or later than the 30th day
from the date of the order.
(c) The county clerk, immediately after the time and place of
the hearing are set, shall give notice informing all qualified
voters of the county and other persons interested in the issue of
selling or leasing the hospital of the time and place of the
hearing and their right to appear at the hearing and to speak for
or against the proposed action. The county clerk shall publish
notice once a week for two consecutive weeks in a newspaper
published in the county. The first notice must be published not
later than the 15th day before the date set for the hearing. If
no newspaper is published in the county, the county clerk shall
post the notice at the courthouse door for 14 days before the
date set for the hearing.
(d) Ten percent or more of the qualified voters in the county
may petition the commissioners court in writing before the time
set for the hearing for a referendum on whether the hospital
shall be sold or leased or shall continue under county operation.
The commissioners court may not sell or lease the hospital unless
the proposition to sell or lease the hospital is approved by a
majority of the votes cast at the election. The election shall be
held under and governed by the election provisions of Section
263.021.
(e) If no petition is filed with the county clerk, the
commissioners court may conduct the hearing. Any person
interested may appear in person or by attorney. The commissioners
court may adjourn the hearing from day to day and from time to
time as it considers necessary. On completion of the hearing, the
commissioners court may enter an order determining whether or not
to sell or lease the hospital. If the court finds that due notice
was given, no petition was filed, and the proposed sale or lease
is in the best interest of the county, the commissioners court
may enter in its minutes an order that the hospital be sold or
leased.
(f) The commissioners court may submit the issue of the sale or
lease to the voters and withhold its final determination pending
the election even if no petition is filed.
(g) The court may sell the hospital or may lease the hospital to
be operated as a hospital by the lessee under terms satisfactory
to the commissioners court and the lessee. The commissioners
court shall enter in its minutes an order of the sale or lease
that contains a complete copy of the sales or lease contract.
(h) If 50 qualified property taxpaying voters in a county with a
population of 5,000 to 10,390 file a written petition with the
commissioners court requesting a referendum on the issue of
leasing all or part of the county hospital and if the proposition
to lease all or part of the hospital is not approved by a
majority of the votes cast at the election, the commissioners
court may not lease all or part of the hospital for a period
greater than five years.
(i) The commissioners court may deposit all or part of the
proceeds from the sale of a county hospital to the credit of a
fund to be known as the county health care fund and shall deposit
any of the remainder to the credit of the county general fund.
The county health care fund may be used only to finance items
related to providing health care to county residents, including
indigent residents. The commissioners court may deposit to the
credit of the county health care fund all or part of the interest
from that fund and shall deposit any remainder to the credit of
the county general fund.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.030. CLOSING OF HOSPITAL. (a) The commissioners court
of a county by order on terms it considers reasonable may close a
hospital or medical facility constructed, purchased, or acquired
under this chapter.
(b) The order is final 30 days after the date of adoption unless
at least 10 percent of the qualified voters in the county
petition the commissioners court requesting an election to
determine whether the hospital or facility should be closed.
(c) On proper petition, the commissioners court shall set a time
for an election and shall submit to the qualified voters of the
county ballots providing for voting for or against the
proposition: "The closing of (name of hospital or facility to be
closed)."
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.031. CLOSING PART OF HOSPITAL. A county may close a
part of a county hospital.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER C. BOARD OF MANAGERS
Sec. 263.041. APPOINTMENT OF BOARD OF MANAGERS. (a) The
commissioners court of a county shall appoint at least six but
not more than 12 residents of the county as the board of managers
of a county hospital or medical or other health facility after
the court acquires the site for the hospital and awards the
contracts for the buildings and improvements necessary for the
hospital.
(b) A manager is appointed for a term of two years except that
the commissioners court may set the terms of the initial managers
at less than two years so that as close as possible to one-half
of the managers' terms expire each year.
(c) An appointment to fill a vacancy is for the unexpired term.
(d) A vacancy is created if a manager misses three consecutive
board meetings unless the board takes formal action to excuse the
absences.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.042. OPERATION OF BOARD OF MANAGERS. (a) The board of
managers shall elect from among its members a president, at least
one vice-president, a secretary, and a treasurer.
(b) The county judge of the county in which the hospital is
located may vote to break a tie vote by the board of managers.
(c) The board of managers shall meet at the hospital at least
once a month and may meet at other times as provided by its
bylaws.
(d) The board of managers shall hold an annual meeting before
the beginning of the third week preceding the date of the meeting
of the commissioners court at which the court considers
appropriations for the following year.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.043. COMPENSATION AND EXPENSES OF BOARD OF MANAGERS.
(a) The commissioners court may provide hospitalization
insurance as compensation for the services of the board of
managers.
(b) The commissioners court shall pay and audit, in the same
manner as other expenses of the hospital, the managers' actual
and necessary traveling and other expenses within this state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.044. TORT CLAIMS PAYMENTS. A member of the board of
managers is a county officer for purposes of Chapter 102, Civil
Practice and Remedies Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.045. REMOVAL OF MANAGER. After citation, the
commissioners court may, at any time, remove a member of the
board of managers from office for cause.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.046. GENERAL POWERS AND DUTIES OF BOARD OF MANAGERS.
(a) The board of managers shall generally manage and control the
hospital, including:
(1) its buildings and grounds;
(2) its officers and employees;
(3) its patients; and
(4) all matters relating to its government, discipline,
contracts, and fiscal concerns.
(b) The board of managers may adopt rules it considers necessary
to carry out the purposes of the hospital.
(c) The board of managers shall maintain an effective inspection
of the hospital and keep itself informed of the hospital's
affairs and management.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.047. SALARIES. (a) The board of managers shall
determine the salaries of the officers and employees of the
hospital, including the superintendent.
(b) The salaries may not exceed the appropriation made for the
salaries by the commissioners court.
(c) The salaries are full compensation for all services
rendered.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.048. VISITING PHYSICIANS. (a) The board of managers
shall appoint a staff of visiting physicians who visit and treat
hospital patients at the request of the board or the
superintendent.
(b) The physicians serve without pay from the county.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.049. DISCHARGE OF PATIENTS. (a) The board of managers
shall make the final disposition of a case concerning the
discharge of a patient from the hospital.
(b) The decision of the board of managers regarding discharge of
a patient may not be appealed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.050. DISPENSARIES AND CLINICS. (a) The board of
managers may establish and operate:
(1) an outpatient department or a free dispensary and clinic at
the hospital or in the municipality located nearest the hospital;
and
(2) a branch dispensary or clinic in a municipality that is
located in the county and that has 5,000 or more inhabitants.
(b) The board of managers shall appoint a physician to serve at
the dispensary or clinic, determine the time that the physician
is required to spend at the dispensary or clinic, and fix the
salary, if any, of the physician.
(c) The board of managers shall appoint a trained visiting nurse
to serve in connection with the dispensary or clinic and the
hospital. The board shall fix the salary of the nurse within the
limits of the appropriation made for the salary by the
commissioners court.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.051. SCHOOL FOR CHILDREN HAVING TUBERCULOSIS. (a) The
board of managers may establish a special and separate school for
the education, care, and treatment of children having
tuberculosis.
(b) The school may be located at the hospital, in the
municipality nearest the hospital, or in the largest municipality
in the county.
(c) The school shall be conducted as a branch of the hospital
and the children at the school are patients of the hospital and
subject to this chapter.
(d) The board of managers shall employ a specially qualified
teacher to instruct and care for the children of the school.
(e) The board of managers shall assign the superintendent of the
hospital, a member of the staff of visiting physicians, or a
physician serving a county dispensary or shall employ a physician
to attend the children of the school and to supervise their care
and treatment.
(f) The board of managers shall assign a nurse from the hospital
or a visiting nurse or shall employ a nurse to assist in the care
and treatment of the children of the school.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.052. CONTRACT FOR CARE BY BOARD. The board of managers
may contract for the care of a person who is sick or injured and
who applies to the hospital for admission. The board may contract
for this care with:
(1) a hospital in the county; or
(2) an incorporated society or municipality in the county that
maintains a hospital.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.053. RECORDS. (a) The board of managers shall keep a
proper record of its proceedings in a book provided for that
purpose. The record must be open for inspection at all times to
the board, the commissioners court, and any resident of the
county.
(b) The board of managers shall certify all bills and accounts,
including salaries and wages, and transmit them to the
commissioners court, which shall provide for their payment in the
same manner that other charges against the county are paid.
(c) The board of managers shall report to the commissioners
court annually, and at other times as directed by the court, on
the details of the operation during the year of the hospital
dispensaries and school for children suffering from tuberculosis.
The report must contain:
(1) the number of patients admitted and the methods and result
of their treatment, together with suitable recommendations and
other material required by the court; and
(2) full and detailed estimates of the appropriations required
during the following year for all purposes, including
maintenance, building construction, repairs, renewals,
extensions, and improvements.
(d) The board of managers shall incorporate into its report to
the commissioners court the accounts and records prepared by the
superintendent of the hospital under Section 263.077.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER D. SUPERINTENDENT
Sec. 263.071. APPOINTMENT OF SUPERINTENDENT. (a) The board of
managers shall appoint a superintendent of the hospital who holds
office at the pleasure of the board.
(b) The superintendent may not be a member of the board of
managers and must be a qualified practitioner of medicine or be
specially trained for the work of a superintendent.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.072. ROLE OF SUPERINTENDENT. (a) The superintendent
is the chief executive officer of the hospital.
(b) The superintendent is subject to the bylaws and rules of the
hospital and to the board of managers.
(c) The board of managers shall determine the amount of time
that a superintendent must spend at the hospital in the
performance of the superintendent's duties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.073. BOND. The superintendent, before beginning to
discharge the duties of office, shall give a bond in a sum
determined by the board of managers to secure the faithful
performance of the superintendent's duties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.074. GENERAL POWERS AND DUTIES OF SUPERINTENDENT. (a)
The superintendent has general supervision and control of:
(1) the records and accounts of the hospital;
(2) the hospital buildings; and
(3) the internal affairs of the hospital, including discipline.
(b) The superintendent shall enforce the bylaws and rules
adopted by the board of managers for the government, discipline,
and management of the hospital and its employees and patients.
(c) The superintendent may adopt additional rules and orders the
superintendent considers necessary that are not inconsistent with
law or the rules and directions of the board of managers.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.075. EQUIPPING THE HOSPITAL. (a) The superintendent
shall, with the consent of the board of managers, equip the
hospital with furniture, appliances, fixtures, and other
facilities necessary for the care and treatment of patients and
the use of officers and employees.
(b) The superintendent shall purchase all supplies necessary for
the hospital.
(c) Expenditures under this section may not exceed the amount
provided for them by the commissioners court.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.076. OFFICERS AND EMPLOYEES. (a) With the consent of
the board of managers, the superintendent shall appoint resident
officers and employees considered proper and necessary by the
superintendent for the efficient performance of the hospital's
business.
(b) The superintendent shall determine the duties of the
officers and employees of the hospital.
(c) The superintendent may discharge an officer or employee at
the discretion of the superintendent for cause stated in writing
after an opportunity for a hearing.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.077. ACCOUNTS AND RECORDS. (a) The superintendent
shall require daily accounts and records of the hospital's
business and operations.
(b) The superintendent shall require that:
(1) a record is kept of the condition of a patient on and after
admission; and
(2) proper records and accounts are kept of the admission of a
patient, including the patient's name, age, sex, color, marital
condition, residence, occupation, and place of past employment.
(c) The superintendent shall present the accounts and records to
the board of managers in an annual report.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.078. FORMS FOR ADMISSION. (a) The county hospital
shall provide forms for application for admission to the hospital
and the superintendent shall forward the forms free to a licensed
physician in the county in which the hospital is located at the
request of the physician.
(b) An application for admission to a county hospital must be
made, if practicable, on a form provided under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.079. ADMISSION OF PERSONS FROM COUNTY. (a) A resident
of a county in which a county hospital is located who desires
treatment in the hospital may apply in person to the
superintendent or to a licensed physician for examination. If the
physician finds that the resident is sick or injured, the
physician may apply to the superintendent for admission of the
resident.
(b) After the superintendent receives an application for
admission to the hospital, the superintendent shall notify the
applicant to appear in person at the hospital if:
(1) it appears from the application that the applicant is sick
or injured; and
(2) there is a vacancy in the hospital.
(c) The superintendent, acting under the general direction of
the board of managers, shall admit an applicant for admission to
the hospital in order of application or according to the urgency
of need of treatment if:
(1) after a personal examination of the applicant, the
superintendent is satisfied that the applicant is sick or
injured; and
(2) the applicant resides in the county at the time of the
application for admission to the hospital.
(d) An application for admission must state whether, in the
judgment of the physician, the applicant is able to pay, in whole
or in part, for the applicant's care and treatment while in the
hospital.
(e) An application must be filed and recorded in a book kept for
that purpose in the order it is received.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.080. ADMISSION OF PERSONS FROM ADJACENT COUNTY. The
superintendent shall admit to the hospital a person sent by the
commissioners court of an adjacent county if:
(1) the adjacent county has contracted with the board of
managers for the care and treatment of persons who are sick or
injured;
(2) the person resides in the adjacent county at the time of the
application for admission to the hospital; and
(3) there is sufficient provision for the care of persons who
are sick or injured and who reside in the county in which the
hospital is located.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.081. CONDITION AND TREATMENT OF PATIENT. The
superintendent shall require that a patient's physical condition
is carefully examined and the treatment the patient needs is
provided.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.082. PAYMENT BY PATIENT. (a) A patient may not be
permitted to pay an amount for the patient's maintenance in the
hospital greater than the average per capita cost of maintenance
in the hospital, including a reasonable allowance for the
interest on the cost of the hospital.
(b) An officer or employee of a county hospital may not accept
from a patient a fee, payment, or gratuity for any service.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.083. SUPPORT. (a) The superintendent shall inquire
into a patient's circumstances and the circumstances of the
patient's relatives legally responsible for the patient's support
if the patient is admitted to the hospital from the county in
which the hospital is located. If the superintendent finds that
the patient or the patient's relatives are liable to pay for the
patient's care and treatment in whole or in part, the
superintendent shall issue an order directing the patient or the
patient's relatives to pay to the treasurer of the hospital a
specified amount each week in proportion to the financial ability
of the patient or the patient's relatives to pay.
(b) A patient or the patient's relatives may not be required to
pay an amount greater than the actual per capita cost of
maintenance.
(c) A superintendent may collect an amount owed under this
section from the estate of a patient, or the relatives legally
responsible for the patient's support, in the manner provided by
law for the collection of expenses of the last illness of a
decedent.
(d) A county court of the county in which a patient's hospital
is located shall hear and determine the ability of the patient or
the patient's relatives to pay under this section if there is a
dispute over that ability or if there is doubt in the mind of the
superintendent of the hospital over that ability. The court shall
hear witnesses and issue any order that may be proper. The order
may not be appealed.
(e) Discrimination in the accommodations, care, or treatment of
a patient may not be made because the patient or the patient's
relatives contribute to the cost, in whole or in part, of the
patient's maintenance.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.084. DISCHARGE OF PATIENTS. (a) The superintendent
shall temporarily or permanently discharge a patient from the
hospital if the patient:
(1) is not sick or injured or recovers from the sickness or
injury;
(2) wilfully or habitually violates hospital rules; or
(3) is not suitable for treatment for any other reason.
(b) The superintendent shall make a full report of a discharge
of a patient from the hospital at the next meeting of the board
of managers after the discharge.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.085. COLLECTION OF MONEY. (a) The superintendent
shall collect money due the hospital.
(b) The superintendent shall keep an accurate account of money
collected at the hospital, report at the monthly meeting of the
board of managers the amount of money collected, and transmit the
money to the county treasurer of the county in which the hospital
is located within 10 days after the date of the meeting of the
board.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER E. ENFORCEMENT AND DISSEMINATION OF INFORMATION
Sec. 263.101. INSPECTIONS. (a) A resident officer of a county
hospital shall admit a member of the board of managers into every
part of the hospital and its premises.
(b) On the demand of a member of the board of managers, a
resident officer of the hospital shall:
(1) give the board access to all books, papers, accounts, and
other records pertaining to the hospital; and
(2) furnish the board with copies, abstracts, and reports.
(c) A hospital established or maintained under this chapter is
subject to inspection by an authorized representative of:
(1) the Texas Board of Health;
(2) the commissioners court; or
(3) a state board of charities, if such a board is created.
(d) A resident officer of a county hospital shall admit a
representative listed in Subsection (c) into every part of the
hospital and its buildings.
(e) On the demand of a representative listed in Subsection (c),
a resident officer of the hospital shall give the representative
access to all books, papers, accounts, reports, and other records
pertaining to the hospital.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 263.102. TEXAS BOARD OF HEALTH RULES AND PUBLICATIONS. (a)
The board of managers shall print, or purchase from the Texas
Board of Health at the actual cost of printing:
(1) rules adopted by the Texas Board of Health for the care of
persons having a communicable disease and for the prevention and
spread of communicable disease; and
(2) bulletins and other publications prepared by the Texas
Department of Health providing information about the cause,
nature, treatment, and prevention of disease.
(b) The board of managers shall send or deliver copies of those
rules, bulletins, and publications to:
(1) all practicing physicians in the county in which the
hospital is located;
(2) all public schools;
(3) private schools that request copies; and
(4) organizations, churches, societies, unions, and individuals
who present a written request for copies.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.