CHAPTER 282. HOSPITAL DISTRICTS IN COUNTIES OF 75,000 OR LESS
HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE D. HOSPITAL DISTRICTS
CHAPTER 282. HOSPITAL DISTRICTS IN COUNTIES OF 75,000 OR LESS
SUBCHAPTER A. CREATION OF DISTRICT
Sec. 282.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of trustees of a district.
(2) "District" means a hospital district created under this
chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.002. DISTRICT AUTHORIZATION. (a) The commissioners
court of a county with a population of 75,000 or less and an
assessed property valuation of at least $200,000,000 may create
one or more hospital districts.
(b) The district may include a municipality or town, or a part
of a municipality or town, but the district may not include part
of another district.
(c) To be formed the proposed district must be composed of
territory having property of an assessed value of more than
$25,000,000.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.003. CREATION ELECTION REQUIRED. The creation of the
district must be approved by a majority of the qualified voters
of the area of the proposed district who vote at an election
ordered and held for that purpose.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.004. PETITION FOR ELECTION. (a) To propose the
establishment of a district:
(1) a petition for a creation election signed by at least five
percent of the qualified property taxpaying voters of the area of
the proposed district must be presented to the commissioners
court; and
(2) $200 in cash must be deposited with the county clerk at the
time of the presentation of the petition.
(b) The petition must state:
(1) the boundaries of the proposed district;
(2) the public necessity for the proposed district; and
(3) the name of the proposed district which includes the county
name.
(c) The petition may include a request for the commissioners
court to provide on the ballot at the creation election for
voting for or against:
(1) imposing a tax to provide funds to construct, equip,
maintain, or purchase hospital buildings or land for the
district; or
(2) the issuance of bonds to acquire sites for and to construct
hospital buildings and imposing a tax at the rate necessary to
create an interest and sinking fund sufficient to pay the
principal of and interest on the bonds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.005. HEARING; ELECTION ORDER. (a) When the petition
is presented to the commissioners court, the commissioners court
shall:
(1) set a date for a hearing on the petition at a regular
session or special session called for that purpose, not less than
30 days nor more than 60 days after the date on which the
petition is presented; and
(2) order the county clerk to give notice of the date and place
of the hearing by posting a copy of the petition and the order
for at least 20 days before the date of the election at the
courthouse door and at four other places in the proposed
district.
(b) If the court finds at the hearing that the petition meets
the requirements of this chapter, the court shall order an
election to be held on the first authorized uniform election date
prescribed by the Election Code that allows sufficient time to
comply with other requirements of law.
(c) The order must contain a description of the metes and bounds
of the proposed district and must set the date of the election.
(d) The ballot for election shall be printed to provide for
voting for or against:
(1) the creation of the district; and
(2) if the petition includes a request under Section 282.004(c),
the imposition of a tax or the issuance of bonds according to the
terms of the petition.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.006. ELECTION COSTS; DISPOSITION OF DEPOSIT. (a) The
county clerk shall retain the amount deposited under Section
282.004(a) until the commissioners court declares the election
results.
(b) If at the election the majority of the voters approved the
creation of the district, the county clerk shall return that
amount to the petitioners or the petitioners' agent or attorney.
(c) If at the election the majority of the voters disapproved
the creation of the district, the county clerk shall:
(1) pay from the amount deposited on warrants approved and
signed by the county judge, all costs and expenses pertaining to
the proposed district, including the costs related to the
elections;
(2) return the remaining amount, if any, to the petitioners or
the petitioners' agent or attorney.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 282.021. ELECTION OF BOARD. (a) Board members shall be
elected from the district at large.
(b) Initial board members shall be elected at the district
creation election.
(c) A person who wishes to have his name printed on the ballot
as a candidate to serve as an initial district board member must
present to the commissioners court a petition requesting that the
person's name be placed on the ballot at the district creation
election. The petition must be accompanied by a second petition
signed by at least 100 qualified voters of the proposed district
requesting that the person's name be placed on the ballot as a
candidate for board membership. The petitions must be filed with
the commissioners court before the third day before the date on
which the election order is issued.
(d) The commissioners court shall declare that the five
candidates receiving the highest number of votes at the initial
election of board members are district board members. When they
are qualified under this chapter, the candidates shall serve as
district board members.
(e) The initial board members shall serve as district board
members until the next regular election of state and county
officers. An election for board members shall be held at that
time and at the general election in each second year after that
time.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.0211. OPTIONAL FOUR-YEAR TERMS. (a) The board may, on
its own motion, order that board members are to be elected in
even-numbered years to serve staggered four-year terms.
(b) The first election of board members in an even-numbered year
that occurs at least 120 days after the date on which an order is
entered under Subsection (a) shall be held as previously
scheduled. The three candidates receiving the highest number of
votes at that election serve for a term of four years. The
remaining two directors elected at that election serve for a term
of two years. Subsequent members shall be elected in
even-numbered years and shall serve four-year terms.
Added by Acts 1991, 72nd Leg., ch. 645, Sec. 1, eff. June 16,
1991.
Sec. 282.022. OATH AND BOND. (a) Before assuming the duties of
office on the board, each district board member elect must:
(1) take and subscribe an oath before the county judge to
faithfully and impartially discharge the duties of a board member
and to give an account of the member's activities to the
commissioners court when requested to do so; and
(2) execute a good and sufficient bond for $5,000 payable to the
county judge for the use and benefit of the district, conditioned
on the faithful performance of the person's duties as a board
member.
(b) The county clerk shall file and maintain the oath as part of
the district records.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.023. COMPENSATION. A board member serves without
compensation but is entitled to reimbursement for actual expenses
incurred in the performance of official duties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.024. OFFICERS. The board shall elect from among its
members a chairman, a secretary, and other officers the board
considers appropriate.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.025. QUORUM; MEETING PROCEDURE AND RECORD. (a) Three
board members constitute a quorum.
(b) All board proceedings shall be by motion or resolution and
shall be recorded in a book kept for that purpose. The book is a
public record.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.026. SEAL. The board shall adopt an official seal.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.027. SUPERINTENDENT; DUTIES. (a) The board shall
appoint a superintendent to serve as the district's chief
administrator.
(b) The superintendent serves at the will of the board and is
responsible to the board for the efficient administration of
hospital affairs.
(c) The superintendent is entitled to compensation as determined
by the board.
(d) The superintendent may attend board meetings and meetings of
a board committee and may participate in the discussion of
matters within the superintendent's functions, but the
superintendent may not vote on matters considered by the board.
(e) The superintendent shall:
(1) control administrative functions of the hospital;
(2) carry out the board orders;
(3) ensure that the district complies with state law relating to
matters within the superintendent's functions; and
(4) fully advise the board of the district's financial condition
and needs.
(f) At least once a year, the superintendent shall:
(1) prepare an estimate of administrative expenses for the
succeeding fiscal year;
(2) recommend to the board and estimate the cost of improvements
to be made in the succeeding fiscal year;
(3) certify to the board district bills, allowances, and
payrolls, including public works contractors' claims; and
(4) recommend to the board salary amounts of district employees
under the administrator and a salary scale to be paid for
different services required by the district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.028. OTHER OFFICERS AND DISTRICT EMPLOYEES. (a) The
board shall appoint other district officers that the board
considers necessary.
(b) A person appointed under Subsection (a) serves at the will
of the board and is entitled to receive compensation as
determined by the board.
(c) The board may contract with or employ legal, technical, and
professional assistance and other employees.
(d) If the superintendent is temporarily incapacitated or
absent, the board may designate a competent person to perform the
superintendent's powers or duties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER C. GENERAL POWERS AND DUTIES
Sec. 282.041. MANAGEMENT, CONTROL, AND ADMINISTRATION. (a) The
board shall manage, control, and administer the district.
(b) The board is a corporate body in the name of the
"____________ County Public Hospital District No. __________."
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.042. DISTRICT RULES. The board may adopt rules and
bylaws the board considers proper.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.043. POWERS RELATING TO DISTRICT PROPERTY, FACILITIES,
AND EQUIPMENT. (a) On the district's behalf, the board may
hold, construct, condemn, purchase, acquire, lease, add to,
maintain, operate, develop, regulate, sell, and convey land,
property, a property right, equipment, a hospital facility, or a
hospital system to maintain a district hospital, building,
structure, or other facility.
(b) The board may lease an existing hospital, equipment, or
property used in connection with a district hospital and
equipment at a rate the board considers proper.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.044. CONTRACTING AUTHORITY. (a) In performing its
powers under this subchapter the board may contract with:
(1) the federal government;
(2) this state;
(3) a municipality; and
(4) another hospital district.
(b) The district may incur indebtedness or borrow money for
district purposes on the credit of the district or secured by the
revenues of a district hospital.
(c) The district may contract with another community,
corporation, or individual for services provided by the district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.045. PURCHASING PROCEDURES. The district is subject to
the County Purchasing Act (Subchapter C, Chapter 262, Local
Government Code), and the board shall comply with the competitive
bidding or proposal procedures prescribed by that Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.046. EMINENT DOMAIN. (a) On a resolution by the
board, the district may exercise the power of eminent domain for
the acquisition of property necessary to carry out the powers and
duties of the district, including preventing damage to district
property, property rights, equipment, hospital facilities and
systems, and property adjacent to district property.
(b) The district must exercise the power of eminent domain in
the manner provided by Chapter 21, Property Code, for the
exercise of that power by a municipality.
(c) The district may not exercise the power of eminent domain
against:
(1) a hospital, clinic, or sanatorium operated as a charitable,
nonprofit establishment or operated by a religious organization;
or
(2) a privately owned or operated hospital or clinic, whether or
not incorporated.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.047. GIFTS AND ENDOWMENTS. The board may accept
bequests and contributions on behalf of the district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.048. AUTHORITY TO SUE AND BE SUED; DISTRICT LIABILITY.
(a) The board may sue and be sued on behalf of the district.
(b) A suit against the district must be brought in the county in
which the district is located.
(c) The district is not liable for negligence for an act of a
district officer, agent, or employee.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.049. OTHER BOARD POWERS. The board may:
(1) promote health in the district;
(2) print and publish information; and
(3) do any other thing necessary to the performance of the
board's duties under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.050. PROVISION OF HOSPITAL SERVICES. (a) The district
shall provide adequate hospital services for the district. A
person who resides in the district is entitled to receive those
services at available district hospital facilities at a rate
determined by the board and in any manner the board considers
expedient or necessary under existing conditions. The district
may provide the services in hospitals located outside the
district.
(b) The district may furnish hospital services to a person who
does not reside in the district at a reasonable and fair rate the
board considers proper, but the district shall give priority to a
district resident in the provision of hospital services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER D. DISTRICT FINANCES
Sec. 282.061. ANNUAL REPORT. (a) Not later than June 1 of each
year, the board shall prepare and file with the commissioners
court a full, detailed report of the condition of the district.
The report must include:
(1) an estimate of the cost of maintenance, operation, and
needed repairs for the succeeding year;
(2) an inventory of all funds and other property of the
district; and
(3) a list of all legal demands, debts, and obligations against
the district.
(b) The board shall verify the report.
(c) The commissioners court shall carefully investigate and
consider the report before setting a tax rate.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.062. TREASURER. (a) The county treasurer of the
county in which the district is located serves as treasurer of
the construction and maintenance fund and the interest and
sinking fund of the district.
(b) All money to be credited to the construction and maintenance
fund or the interest and sinking fund shall be paid to the
treasurer.
(c) The treasurer may not pay money from the construction and
maintenance fund or the interest and sinking fund unless the
treasurer receives a warrant ordering the payment signed by the
district board chairman or another district officer designated by
the board.
(d) The treasurer shall open a construction and maintenance fund
account and an interest and sinking fund account with the
district and shall keep a record of all of the district's money
received for the accounts and paid from the accounts. The
treasurer may not pay money from the accounts except on a voucher
signed by the chairman or two board members.
(e) The treasurer shall maintain a file of the payment orders
from the accounts.
(f) As required by the board or the commissioners court, the
treasurer shall give a correct accounting to the board or the
commissioners court of all matters relating to the accounts.
(g) For services on behalf of the district, the treasurer is
entitled to receive an amount equal to:
(1) one-fourth of one percent of all money received by the
treasurer for the construction and maintenance fund or the
interest and sinking fund; and
(2) one-eighth of one percent of all money received by the
treasurer and paid out of the construction and maintenance fund
or the interest and sinking fund of the district.
(h) The treasurer is not entitled to receive a commission under
Subsection (g) on district money the treasurer receives from the
preceding treasurer.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 119, eff. Sept. 1,
1991.
Sec. 282.063. DISTRICT FUNDS; INVESTMENT OF FUNDS. (a) The
treasurer shall maintain a construction and maintenance fund and
an interest and sinking fund for the district and shall place
money in those funds as required by this chapter or as the board
by resolution directs. All other money received by the district
shall be placed in a fund or funds as provided by the board.
(b) The amount of taxes collected that is necessary to pay the
principal of and interest on the bonds as they mature shall be
credited to the interest and sinking fund. All money received by
the district from the sale of bonds shall be credited to the
construction and maintenance fund.
(c) The treasurer shall pay from the construction and
maintenance fund or from a fund or funds designated by the board
the expenses, debts, and obligations of the district created
after the filing of the original petition and incurred in the
creation, operation, and maintenance of the district, other than
the principal of and interest on bonds.
(d) The interest and sinking fund may be invested for the
benefit of the district in bonds and securities approved by the
attorney general.
(e) The construction and maintenance fund and interest and
sinking fund shall be held for the purposes for which they were
created. If money is improperly paid from either fund, the
commissioners court may require the county treasurer to transfer
to the fund from the district account the amount necessary to
restore that amount.
(f) District funds shall be deposited in the county depositories
in the manner required by law for county depositories. Interest
collected on those funds belongs to the district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 119, eff. Sept. 1,
1991.
Sec. 282.064. FISCAL YEAR. (a) The district operates on the
fiscal year established by the board.
(b) The fiscal year may not be changed if revenue bonds of the
district are outstanding.
(c) The fiscal year may not be changed more than once in any
24-month period.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 120, eff. Sept. 1,
1991.
Sec. 282.065. ANNUAL AUDIT; OPEN RECORDS. (a) The board
annually shall have an audit made of the financial condition of
the district.
(b) The audit and other district records are open to inspection
during regular business hours at the district's principal office.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 120, eff. Sept. 1,
1991.
SUBCHAPTER E. DISTRICT BONDS
Sec. 282.071. GENERAL OBLIGATION BONDS. The commissioners court
may issue and sell bonds in the district's name and on the
district's faith and credit to acquire or construct hospital
buildings or land if the bonds are approved by a majority of the
qualified voters at the election to create the district in
accordance with Subchapter A.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.072. INTEREST, MATURITY, AND DENOMINATION. (a)
District bonds mature not more than 30 years after their date and
bear interest at a rate ordered by the commissioners court but
not more than six percent annually.
(b) The bonds must provide the interest rate and the time,
place, manner, and conditions of payment as ordered by the
commissioners court.
(c) The bonds may be payable annually or semiannually.
(d) The bonds must be issued in denominations of not less than
$100 nor more than $1,000.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.073. EXECUTION OF BONDS. The county judge shall sign
the bonds, and the county clerk shall attest the signature and
place the seal of the court on the bonds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.074. APPROVAL AND REGISTRATION OF BONDS. (a) Before
the bonds are offered for sale, the district shall forward to the
attorney general:
(1) a copy of the bonds to be issued;
(2) a certified copy of the court order imposing the tax to pay
the interest on the bonds and provide a sinking fund;
(3) a statement of the total bonded indebtedness of the
district, including the series of bonds proposed;
(4) the assessed value of property for the purpose of taxation
as shown by the most recent official county assessment; and
(5) any other information that the attorney general requires.
(b) The attorney general shall:
(1) examine the bonds; and
(2) certify the bonds if the attorney general determines that
the bonds are issued in conformity with the constitution and law
and that they are valid and binding obligations of the district.
(c) When the bonds are approved by the attorney general, the
comptroller shall register the bonds in a book kept for that
purpose and maintain the certificate of approval for the bonds.
(d) On approval and registration under this section, the bonds
are incontestable for any cause. The certificate of approval or a
certified copy of the certificate is admissible evidence in a
suit to enforce the collection of the bonds as prima facie proof
of the validity of the bonds with attached coupons. In that suit,
only forgery or fraud may be offered as a defense against the
validity of the bonds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.075. BOND RECORD BOOK. (a) Before issuing the bonds,
the commissioners court shall provide to the county clerk a
well-bound book in which the clerk shall record all bonds issued,
including the following information:
(1) the bond numbers, amount, rate of interest, and date of
issue;
(2) the date when the bonds are due;
(3) the place where the bonds are payable;
(4) the amount received for each bond;
(5) the annual assessment made to pay bond interest and to
provide a sinking fund to pay the bonds; and
(6) the payment made of each bond.
(b) The record book must be open for inspection at all times by
a taxpayer of the district or a bondholder.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.076. COMPENSATION OF COUNTY CLERK. For recording
services provided to the district, the county clerk is entitled
to receive fees as provided by Chapter 118, Local Government
Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.077. BOND OF COUNTY JUDGE. (a) When the bonds are
registered, the county judge shall execute a good and sufficient
bond, approved by the board and payable to the board, for an
amount not less than the amount of the bonds issued. The bond
must be conditioned on the faithful performance of the judge's
duties.
(b) If the bond is executed by a satisfactory surety, the
district may pay from the district construction and maintenance
fund a reasonable premium on the bond on receipt of an invoice
for the premium. If the amount of the premium is disputed as
unreasonable, a court of competent jurisdiction may determine
whether or not the premium is reasonable.
(c) The board may charge the cost of the bond premium against
the commission allowed the county judge on the sale of district
bonds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.078. SALE OF THE BONDS. (a) When the bonds are
registered, the county judge, under the direction of the
commissioners court, shall advertise and sell the bonds on the
best terms and for the best price possible, but for a price not
less than the sum of the amounts of the par value and the accrued
interest.
(b) The county judge shall give the money received from the sale
of a bond to the county treasurer.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.079. DISPOSITION OF UNNEEDED BONDS. With the consent
of the commissioners court made of record, bonds that are not
required for the purpose for which they were voted may be sold
and the proceeds may be used to maintain, preserve, and operate
the district hospital and to pay district debts and other
obligations.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.080. ADDITIONAL BOND ISSUE AND ELECTION. (a) The
board shall certify to the commissioners court the necessity for
an additional bond issue if:
(1) the proceeds of the original bond issue are insufficient to
complete the construction, equipment, maintenance, or purchase of
hospital buildings or land for the district; or
(2) the board decides to provide for additional construction,
equipment, maintenance, or purchase of hospital buildings or
land.
(b) The certification must state:
(1) the amount required;
(2) the purpose for the funds;
(3) the rate of interest of the proposed bonds; and
(4) the maturity date of the proposed bonds.
(c) When the commissioners court receives the certification, the
commissioners court shall order an election on the issuance of
the bonds to be held in the district on the first uniform
election date prescribed by the Election Code that allows
sufficient time to comply with other requirements of law.
(d) The sum of the amount of any outstanding bonds and the
amount of additional bonds issued under this section may not
exceed one-fourth of the assessed value of the real property in
the district, as shown by the most recent annual assessment made
for county taxation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.081. CHANGE IN USE OF BOND PROCEEDS AFTER BOND
ISSUANCE. (a) After the issuance of bonds, the board may change
the use of the bond proceeds to include a change or improvement
to the district hospital if the change or improvement will not
increase the cost of the proposed project beyond the amount of
the authorized bonds.
(b) The board may make the change in the use of the bond
proceeds by:
(1) entering in the minutes of the board a notation of the
change; and
(2) by giving notice of the change by publication of the
notation and the page number of the board minutes on which the
notation was entered.
(c) The publication must be in English and must run for two
successive weeks in a newspaper of general circulation in the
county in which the district is located.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER F. TAXES TO PAY BONDS
Sec. 282.101. TAXES TO PAY BONDS. (a) When the bonds have been
approved by the voters at the election authorizing the levy of
taxes, the commissioners court shall impose a property tax for
the benefit of the district. The tax rate must be sufficient to
create an interest and sinking fund to pay the principal of and
interest on the bonds as they become due.
(b) After investigation and consideration of the annual report
in accordance with Section 282.061, the commissioners court shall
impose and collect taxes annually on all taxable property in the
district. The amount of tax revenue:
(1) must be sufficient to maintain, preserve, and operate the
district hospital and to pay all legal district debts and other
obligations; and
(2) may not exceed two-tenths of one percent of the annual total
assessed valuation of the district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 282.102. TAX ASSESSOR-COLLECTOR. (a) The county tax
assessor-collector shall levy and collect taxes for the district.
(b) After receiving a petition of at least five percent of the
qualified taxpaying voters of a created district, the
commissioners court may order an election to determine whether
the district should have a tax assessor and collector other than
the county tax assessor-collector. The commissioners court may
order the election after:
(1) the district is created; and
(2) giving notice in the manner as provided for the creation
election.
(c) If the voters determine by a two-thirds vote that the
district should have a district tax assessor-collector, the board
shall appoint a suitable person to serve in that position.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER G. CONVERSION OF DISTRICTS
Sec. 282.121. AUTHORITY TO CONVERT. A district created in
accordance with this chapter may be converted into a district
operating under Article IX, Section 9, of the Texas Constitution.
Added by Acts 1991, 72nd Leg., ch. 94, Sec. 1, eff. May 15, 1991.
Sec. 282.122. CONVERSION HEARING AND ELECTION. (a) A district
may be converted under this subchapter only if the conversion is
approved by a majority of the qualified voters of the district
who vote at an election called and held for that purpose.
(b) The board by order may set a time and place to hold a
hearing on the question of converting the district under this
subchapter. The board shall set a date for the hearing that is
after the 30th day after the date on which the board issues the
order.
(c) If after the hearing the board finds that conversion of the
district would be in the best interest of the district, the board
may order an election on the question of converting the district.
(d) The election shall be held not later than the 60th day after
the date on which the election is ordered. Section 41.001(a),
Election Code, does not apply to an election ordered under this
section.
Added by Acts 1991, 72nd Leg., ch. 94, Sec. 1, eff. May 15, 1991.
Sec. 282.123. BALLOT PROPOSITION. The ballot for the election
shall be printed to permit voting for or against the proposition:
"The conversion of the __________ County Public Hospital District
No. _____ (name of district) from a district operating under
Chapter 282, Health and Safety Code, to a district operating
under Article IX, Section 9, of the Texas Constitution, and the
levy of annual taxes for hospital purposes at a rate not to
exceed _______ (insert amount not to exceed 75 cents) on each
$100 valuation of all taxable property in the district."
Added by Acts 1991, 72nd Leg., ch. 94, Sec. 1, eff. May 15, 1991.
Sec. 282.124. EFFECTIVE DATE OF CONVERSION. If a majority of
the qualified voters participating in the election vote in favor
of the proposition, the conversion becomes effective on the 30th
day after the date that the election results are declared.
Added by Acts 1991, 72nd Leg., ch. 94, Sec. 1, eff. May 15, 1991.
Sec. 282.125. RESPONSIBILITY OF COUNTY. On conversion of a
district under this subchapter, the county in which the district
is located shall convey or transfer to the district:
(1) money held by the county treasurer for the district under
Subchapter D, including any money in the district's construction
and maintenance fund or interest and sinking fund; and
(2) taxes levied by the county for the benefit of the district
under Subchapter F.
Added by Acts 1991, 72nd Leg., ch. 94, Sec. 1, eff. May 15, 1991.
Sec. 282.126. DISTRICT RESPONSIBILITIES. On conversion of the
district under this subchapter, the district assumes any
outstanding indebtedness incurred by the county under Subchapter
E.
Added by Acts 1991, 72nd Leg., ch. 94, Sec. 1, eff. May 15, 1991.
Sec. 282.127. EFFECT OF CONVERSION. (a) A district converted
under this subchapter is governed by Article IX, Section 9, of
the Texas Constitution and by Chapter 206, Acts of the 71st
Legislature, Regular Session, 1989 (Article 4494q-1, Vernon's
Texas Civil Statutes), as if it had been originally created under
that section and that Act, except that the board shall continue
to be elected as provided by this chapter.
(b) The district's identity is not affected by the conversion,
and the district is liable for all outstanding debts and
obligations assumed or incurred by the district.
(c) Notwithstanding any other provision of law, the board may
impose taxes for the entire year in which the district is
converted unless the county has imposed taxes for the benefit of
the district for that year.
Added by Acts 1991, 72nd Leg., ch. 94, Sec. 1, eff. May 15, 1991.