CHAPTER 1001. CITY OF AMARILLO HOSPITAL DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 3. HEALTH
SUBTITLE A. HOSPITAL DISTRICTS
CHAPTER 1001. CITY OF AMARILLO HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 1001.054. COMPENSATION. A manager serves without pay.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.