CHAPTER 1004. BALLINGER MEMORIAL HOSPITAL DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 3. HEALTH
SUBTITLE A. HOSPITAL DISTRICTS
CHAPTER 1004. BALLINGER MEMORIAL HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1004.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "Director" means a member of the board.
(3) "District" means the Ballinger Memorial Hospital District.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.002. AUTHORITY FOR OPERATION. The Ballinger Memorial
Hospital District operates and is financed as provided by Section
9, Article IX, Texas Constitution, and by this chapter.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.003. ESSENTIAL PUBLIC FUNCTION. The district is a
public entity performing an essential public function.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.004. DISTRICT TERRITORY. The district is composed of
the territory described by Section 1.03, Chapter 137, Acts of the
70th Legislature, Regular Session, 1987, as that territory may
have been modified under other law.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The state may not be obligated for the support or
maintenance of the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. The
legislature may not make a direct appropriation for the
construction, maintenance, or improvement of a district facility.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1004.051. BOARD. The district is governed by a board of
seven directors.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.052. TERMS; ELECTION. (a) Directors are elected from
the district at large.
(b) Unless a four-year term is established under Section
285.081, Health and Safety Code:
(1) directors serve staggered two-year terms; and
(2) a directors' election shall be held on the first Saturday in
May of each year to elect the appropriate number of directors.
(c) Notice of the directors' election shall be published at
least once in a newspaper with general circulation in the
district in accordance with Section 4.003(a), Election Code.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.053. QUALIFICATIONS FOR OFFICE. (a) To be a
candidate for or to serve as a director, a person must be:
(1) a resident of the district; and
(2) a qualified voter.
(b) An employee of the district may not serve as a director.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.054. DIRECTOR'S BOND. (a) Before assuming the duties
of office, each director must execute a bond in the amount of
$5,000 payable to the district and conditioned on the faithful
performance of the director's duties.
(b) The bond shall be kept in the permanent records of the
district.
(c) The board may pay for a director's bond with district money.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.055. BOARD VACANCY. If a vacancy occurs in the office
of director, the remaining directors shall appoint a director for
the remainder of the unexpired term.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.056. OFFICERS. (a) The board shall elect a president
and a vice president from among the directors.
(b) The board shall appoint a secretary, who need not be a
director.
(c) Each officer of the board serves a one-year term.
(d) The board shall fill a vacancy in a board office for the
remainder of the unexpired term.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.057. COMPENSATION; REIMBURSEMENT. A director or
officer serves without compensation but may be reimbursed for
actual expenses incurred in the performance of official duties.
The expenses must be:
(1) reported in the district's records; and
(2) approved by the board.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.058. VOTING REQUIREMENT. A concurrence of a majority
of the directors voting is necessary in matters relating to
district business.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.059. DISTRICT ADMINISTRATOR; ADMINISTRATOR'S BOND.
(a) The board may appoint a qualified person as district
administrator.
(b) The district administrator serves at the will of the board.
(c) The district administrator is entitled to compensation
determined by the board.
(d) Before assuming the duties of district administrator, the
administrator must execute a bond payable to the district in an
amount not less than $5,000, as determined by the board,
conditioned on the faithful performance of the administrator's
duties.
(e) The board may pay for the bond with district money.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district; and
(2) direct the general affairs of the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.061. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. (a)
The board may appoint qualified persons as assistant district
administrator and attorney for the district.
(b) The assistant district administrator and attorney for the
district serve at the will of the board.
(c) The assistant district administrator and attorney for the
district are entitled to compensation determined by the board.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.062. EMPLOYEES. (a) The district may employ nurses,
technicians, fiscal agents, accountants, architects, additional
attorneys, and other necessary employees.
(b) The board may delegate to the district administrator the
authority to employ persons for the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.063. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. The
board may spend district money, enter into agreements, and take
other necessary action to recruit physicians and other persons to
serve as medical staff members or district employees. The
actions may include:
(1) advertising and marketing;
(2) paying travel, recruitment, and relocation expenses;
(3) providing a loan or scholarship to a physician or a person
currently enrolled in health care education courses at an
institution of higher education who contracts to become a medical
staff member or district employee; or
(4) contracting with a full-time medical student or other
student in a health occupation who is enrolled in and in good
standing at an accredited medical school, college, or university
to pay the student's tuition or other expenses for the
consideration of the student agreeing to serve as an employee or
independent contractor for the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.064. APPOINTMENT AND REMOVAL OF MEDICAL STAFF. The
board may:
(1) appoint to the medical staff any doctor the board considers
necessary for the efficient operation of the district;
(2) remove any doctor from the medical staff, after due process,
if the board considers the doctor's removal necessary for the
efficient operation of the district; and
(3) make temporary appointments to the medical staff as the
board considers necessary.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.065. RETIREMENT BENEFITS. The board may provide
retirement benefits for district employees by:
(1) establishing or administering a retirement program; or
(2) participating in:
(A) the Texas County and District Retirement System; or
(B) another statewide retirement system in which the district is
eligible to participate.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1004.101. DISTRICT RESPONSIBILITY. The district has full
responsibility for operating hospital facilities and providing
medical and hospital care for the district's needy residents.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.102. MANAGEMENT, CONTROL, AND ADMINISTRATION. The
board shall manage, control, and administer the hospital system
and the money and resources of the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.103. RULES. The board may adopt rules governing:
(1) the operation of the hospital and hospital system; and
(2) the duties, functions, and responsibilities of district
staff and employees.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.104. PURCHASING AND ACCOUNTING PROCEDURES. The board
may prescribe:
(1) the method of making purchases and expenditures by and for
the district; and
(2) accounting and control procedures for the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.105. PROVISION OF CERTAIN HEALTH SERVICES. (a) The
district may operate or provide for the operation of a mobile
emergency medical service.
(b) The district may operate or provide for home health
services, long-term care, skilled nursing care, intermediate
nursing care, or hospice care.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.106. DISTRICT PROPERTY, FACILITIES, AND EQUIPMENT.
(a) The board shall determine:
(1) the type, number, and location of buildings required to
maintain an adequate hospital system; and
(2) the type of equipment necessary for hospital care.
(b) The board may:
(1) acquire property, facilities, and equipment for the district
for use in the hospital system;
(2) mortgage or pledge the property, facilities, or equipment as
security for payment of the purchase price;
(3) sell or otherwise dispose of property, facilities, or
equipment for the district; or
(4) lease hospital facilities for the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.107. OPERATING AND MANAGEMENT CONTRACTS. The board
may enter into operating or management contracts relating to
hospital facilities for the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.108. SERVICE CONTRACTS. (a) The board may contract
with a public or private hospital, a political subdivision of the
state, or a state or federal agency for the district to provide a
mobile emergency medical service or other health care services
needed to provide for the investigatory or welfare needs of
residents of the district.
(b) The board may contract with a person to receive or supply
the services the board considers necessary for the effective
operation of the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.109. EMINENT DOMAIN. (a) The district may exercise
the power of eminent domain to acquire a fee simple or other
interest in property located in district territory if the
interest is necessary for the district to exercise the rights or
authority conferred by this chapter.
(b) The district must exercise the power of eminent domain in
the manner provided by Chapter 21, Property Code, except that 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. 1004.110. COST OF RELOCATING OR ALTERING PROPERTY. In
exercising the power of eminent domain, if the board requires
relocating, raising, lowering, rerouting, changing the grade, or
altering the construction of any railroad, highway, pipeline, or
electric transmission and electric distribution, telegraph, or
telephone line, conduit, pole, or facility, the district shall
pay the actual cost of that activity to provide a comparable
replacement, without enhancement of facilities, after deducting
the net salvage value derived from the old facility.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.111. GIFTS AND ENDOWMENTS. The board may accept for
the district a gift or endowment to be held in trust for any
purpose and under any direction, limitation, or provision in
writing by the donor that is consistent with the proper
management of the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.112. PAYMENT FOR TREATMENT; PROCEDURES. (a) When a
person who resides in the district is admitted as a patient to a
district facility, the district administrator may have an inquiry
made into the financial circumstances of:
(1) the patient; and
(2) a relative of the patient who is legally responsible for the
patient's support.
(b) To the extent that the patient or a relative of the patient
who is legally responsible for the patient's support cannot pay
for care and treatment provided by the district, the district
shall supply the care and treatment without charging the patient
or the patient's relative.
(c) On determining that the patient or a relative legally
responsible for the patient's support can pay for all or part of
the care and treatment provided by the district, the district
administrator shall report that determination to the board, and
the board shall issue an order directing the patient or the
relative to pay the district a specified amount each week. The
amount must be based on the person's ability to pay.
(d) The district administrator may collect money owed to the
district from the patient's estate or from that of a relative
legally responsible for the patient's support in the manner
provided by law for the collection of expenses in the last
illness of a deceased person.
(e) If there is a dispute relating to a person's ability to pay
or if the district administrator has any doubt concerning a
person's ability to pay, the board shall call witnesses, hear and
resolve the question, and issue a final order. The order may be
appealed to a district court in the county in which the district
is located. The substantial evidence rule applies to an appeal
under this subsection.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.113. REIMBURSEMENT FOR SERVICES. (a) The board shall
require a county, municipality, or public hospital located
outside 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 of Runnels County to
reimburse the district for the district's care and treatment of a
person who is confined in a jail facility of Runnels County and
is not a resident of the district.
(c) On behalf of the district, the board may contract with the
state or federal government for that government to reimburse the
district for treatment of a sick or injured person.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
For expiration of Subsections (a-1) and (e), see Subsection (e)
Sec. 1004.114. NONPROFIT CORPORATION. (a) The district may
create and sponsor a nonprofit corporation under the Business
Organizations Code and may contribute money to or solicit money
for the corporation.
(a-1) On or before December 31, 2009, the district may create
and sponsor a nonprofit corporation under the Texas Non-Profit
Corporation Act (Article 1396-1.01, et seq., Vernon's Texas Civil
Statutes) or the Business Organizations Code, as applicable, and
may contribute money to or solicit money for the corporation.
(b) A corporation created under this section may use money
contributed by the district only to provide health care or other
services the district is authorized to provide under this
chapter.
(c) The corporation may invest the corporation's money in any
manner in which the district may invest the district's money,
including investing money as authorized by Chapter 2256,
Government Code.
(d) The board shall establish controls to ensure that the
corporation uses its money as required by this section.
(e) This subsection and Subsection (a-1) expire December 31,
2009.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.115. AUTHORITY TO SUE AND BE SUED. The board may sue
and be sued on behalf of the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.116. CONSTRUCTION CONTRACTS; ADVERTISING FOR CERTAIN
CONSTRUCTION CONTRACTS. (a) The board may enter into a
construction contract on the district's behalf.
(b) The board may enter into a construction contract only after
competitive bidding as provided by Subchapter B, Chapter 271,
Local Government Code, if the amount of the contract is greater
than the amount provided by Section 271.024 of that code.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
SUBCHAPTER D. DISSOLUTION
Sec. 1004.151. DISSOLUTION; ELECTION. (a) The district may be
dissolved only on approval of a majority of the voters voting in
an election held for that purpose.
(b) The board may order an election on the question of
dissolving the district and disposing of the district's assets
and obligations.
(c) The board shall order an election if the board receives a
petition requesting an election that is signed by at least 15
percent of the district's registered voters.
(d) The election shall be held not later than the 60th day after
the date the election is ordered.
(e) The order calling the election must state:
(1) the nature of the election, including the proposition that
is to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(f) Section 41.001, 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. 1004.152. NOTICE OF ELECTION. (a) The board shall give
notice of an election under this subchapter by publishing a
substantial copy of the election order in a newspaper with
general circulation in the district once a week for two
consecutive weeks.
(b) The first publication must appear not later than the 35th
day before the date set for the election.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.153. BALLOT. The ballot for an election under this
subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Ballinger Memorial Hospital
District."
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.154. ELECTION RESULTS. (a) If a majority of the
votes in an election under this subchapter favor dissolution, the
board shall order that the district be dissolved.
(b) If a majority of the votes in an election under this
subchapter do not favor dissolution, the board shall continue to
administer the district, and another election on the question of
dissolution may not be held before the first anniversary of the
date of the most recent election to dissolve the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.155. TRANSFER OR ADMINISTRATION OF ASSETS. (a) If a
majority of the votes in an election under this subchapter favor
dissolution, the board shall:
(1) transfer the land, buildings, improvements, equipment, and
other assets belonging to the district to Runnels County or
another governmental entity in Runnels County; or
(2) administer the property, assets, and debts of the district
until all money has been disposed of and all district debts have
been paid or settled.
(b) If the district makes a transfer under Subsection (a)(1),
the county or governmental entity assumes all debts and
obligations of the district at the time of the transfer. The
district is dissolved at the time of the transfer.
(c) If the district administers the property, assets, and debts
of the district under Subsection (a)(2), the district is
dissolved when all money has been disposed of and all district
debts have been paid or settled.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.156. IMPOSITION OF TAX AND RETURN OF SURPLUS TAXES.
(a) After the board determines that the district is dissolved,
the board shall:
(1) determine the debt owed by the district; and
(2) impose on the property included in the district's tax rolls
a tax that is in proportion of the debt to the property value.
(b) On the payment of all outstanding debts and obligations of
the district, the board shall order the secretary to return to
each district taxpayer the taxpayer's pro rata share of all
unused tax money.
(c) A taxpayer may request that the taxpayer's share of surplus
tax money be credited to the taxpayer's county taxes. If a
taxpayer requests the credit, the board shall direct the
secretary to transmit the funds to the county tax
assessor-collector.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.157. REPORT; DISSOLUTION ORDER. (a) After the
district has paid all its debts and has disposed of all its money
and other assets as prescribed by this subchapter, the board
shall file a written report with the Commissioners Court of
Runnels County summarizing the board's actions in dissolving the
district.
(b) Not later than the 10th day after the date the Commissioners
Court of Runnels County receives the report and determines that
the requirements of this subchapter have been fulfilled, the
commissioners court shall enter an order dissolving the district
and releasing the board from any further duty or obligation.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
SUBCHAPTER D-1. DISSOLUTION OF BALLINGER MEMORIAL HOSPITAL
DISTRICT ON CREATION OF RUNNELS COUNTY HOSPITAL DISTRICT
Sec. 1004.171. DISSOLUTION; ELECTION. (a) The board may order
an election on the question of the dissolution of the district,
creation of the Runnels County Hospital District, transfer of the
district's assets and obligations to the Runnels County Hospital
District, and assumption of the district's outstanding debts by
the Runnels County Hospital District.
(b) The board shall order the election if:
(1) the board receives a petition requesting an election that is
signed by at least 50 of the district's registered voters; or
(2) the board receives notice that the board of directors of the
North Runnels County Hospital District intends to order an
election to dissolve the North Runnels County Hospital District
and create the Runnels County Hospital District under Section
20c, Chapter 206, Acts of the 61st Legislature, Regular Session,
1969.
(c) If the board intends to hold an election under this
subchapter, the board shall notify the board of directors of the
North Runnels County Hospital District and the Runnels County
Commissioners Court of that intention.
(d) The election held under this subchapter shall be held on the
same date as the election to dissolve the North Runnels County
Hospital District and create the Runnels County Hospital District
under Section 20c, Chapter 206, Acts of the 61st Legislature,
Regular Session, 1969, and the election in the portion of the
county not included in a hospital district to create the Runnels
County Hospital District. The board shall coordinate with the
board of directors of the North Runnels County Hospital District
and the Commissioners Court of Runnels County in setting the
election date under this section.
(e) The order calling the election must state:
(1) the nature of the election, including the proposition that
is to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(f) Section 41.001, Election Code, does not apply to an election
ordered under this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
876, Sec. 1.01, eff. June 19, 2009.
Sec. 1004.172. NOTICE OF ELECTION. (a) The board shall give
notice of an election under this subchapter by publishing a
substantial copy of the election order in a newspaper with
general circulation in the district once a week for two
consecutive weeks.
(b) The first publication must appear not later than the 35th
day before the date set for the election.
Added by Acts 2009, 81st Leg., R.S., Ch.
876, Sec. 1.01, eff. June 19, 2009.
Sec. 1004.173. BALLOT. The ballot for an election under this
subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Ballinger Memorial Hospital
District and the creation of the Runnels County Hospital
District, providing for the imposition of an ad valorem tax at a
rate not to exceed ____ cents (insert any rate not to exceed 75
cents) on each $100 valuation of taxable property in Runnels
County, and providing for the transfer to and assumption by the
Runnels County Hospital District of all outstanding bonds and
other obligations issued for hospital purposes by the Ballinger
Memorial Hospital District, Runnels County, and any part of a
municipality located in Runnels County, and the transfer of the
existing Ballinger Memorial Hospital District's assets to the
Runnels County Hospital District."
Added by Acts 2009, 81st Leg., R.S., Ch.
876, Sec. 1.01, eff. June 19, 2009.
Sec. 1004.174. ELECTION RESULTS. (a) The board shall find that
the district is dissolved if:
(1) a majority of the votes in an election under this subchapter
favor dissolution of the district and creation of the Runnels
County Hospital District;
(2) a majority of the votes in an election held on the same date
under Section 20c, Chapter 206, Acts of the 61st Legislature,
Regular Session, 1969, favor dissolution of the North Runnels
County Hospital District and creation of the Runnels County
Hospital District; and
(3) a cumulative majority of the votes in all three elections
held on the question of creating the Runnels County Hospital
District favor creation of the district.
(b) If a majority of the votes in either election under
Subdivision (a)(1) or (2) do not favor dissolution of the
district and creation of the Runnels County Hospital District, or
if a cumulative majority of the votes in all three elections held
on the question of creating the Runnels County Hospital District
do not favor creation of the district, the board shall continue
to administer the district, and another election on the question
of dissolution under this subchapter may not be held before the
first anniversary of the date of the most recent election under
this subchapter to dissolve the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
876, Sec. 1.01, eff. June 19, 2009.
Sec. 1004.175. TRANSFER OR ADMINISTRATION OF ASSETS. (a) If a
majority of the votes in both elections under Sections
1004.174(a)(1) and (2) favor dissolution of the district and
creation of the Runnels County Hospital District, and a
cumulative majority of the votes in all three elections held on
the question of creating the Runnels County Hospital District
favor creation of the district, the board shall transfer the
land, buildings, improvements, equipment, and other assets
belonging to the district to the Runnels County Hospital
District.
(b) On the date the district makes the transfer under Subsection
(a), the Runnels County Hospital District assumes all debts and
obligations of the district at the time of the transfer. The
district is dissolved at the time of the transfer and the board
is released from any further duty or obligation.
Added by Acts 2009, 81st Leg., R.S., Ch.
876, Sec. 1.01, eff. June 19, 2009.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 1004.201. BUDGET. (a) The district administrator shall
prepare a proposed annual budget for the district.
(b) The proposed budget must contain a complete financial
statement, including a statement of:
(1) the outstanding obligations of the district;
(2) the amount of cash on hand to the credit of each fund of the
district;
(3) the amount of money received by the district from all
sources during the previous year;
(4) the amount of money available to the district from all
sources during the ensuing year;
(5) the amount of the balances expected at the end of the year
in which the budget is being prepared;
(6) the estimated amount of revenues and balances available to
cover the proposed budget; and
(7) the estimated tax rate required.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.202. NOTICE; HEARING; ADOPTION OF BUDGET. (a) The
board shall hold a public hearing on the proposed budget.
(b) The board shall publish notice of the hearing in a newspaper
with general circulation in the district not later than the 10th
day before the date of the hearing.
(c) Any district resident is entitled to be present and
participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt a
budget by acting on the budget proposed by the district
administrator. The board may make a change in the proposed
budget that the board determines to be in the interests of the
taxpayers.
(e) The budget is effective only after adoption by the board.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.203. AMENDMENT OF BUDGET. After the budget is
adopted, the budget may be amended on the board's approval.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.204. FISCAL YEAR. (a) The district operates
according to a fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) during a period in which revenue bonds of the district are
outstanding; or
(2) more than once in a 24-month period.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.205. ANNUAL AUDIT. The board shall have an annual
audit made of the financial condition of the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.206. INSPECTION OF ANNUAL AUDIT AND DISTRICT RECORDS.
The annual audit and other district records are open to
inspection during regular business hours at the principal office
of the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.207. FINANCIAL REPORT. As soon as practicable after
the close of each fiscal year, the district administrator shall
prepare for the board a sworn statement of the amount of district
money and an account of the disbursement of that money.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.208. SHORT-TERM FINANCING. The district may borrow
money through short-term financing.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.209. DEBT LIMITATION. Except as provided by Chapter
1207, Government Code, and Sections 1004.116, 1004.251, and
1004.254, the district may not incur a debt payable from district
revenue other than revenue available in the current fiscal year
and the immediately following fiscal year of the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.210. DEPOSITORY. (a) The board shall select at least
one bank to serve as a depository for district money.
(b) The board may solicit bids from local financial institutions
to determine which institution may serve as a depository for
district money.
(c) District money, other than money invested as provided by
Section 1004.211 and money transmitted to a bank for payment of
bonds or obligations issued or assumed by the district, shall be
deposited as received with the depository bank and shall remain
on deposit. This subsection does not limit the board's power to
place part of the district's money on time deposit or to purchase
certificates of deposit.
(d) The district may deposit money with a bank in an amount that
exceeds the maximum amount secured by the Federal Deposit
Insurance Corporation only if the bank first executes a bond or
other security in an amount sufficient to secure from loss the
district money that exceeds the amount secured by the Federal
Deposit Insurance Corporation.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.211. RESTRICTION ON INVESTMENT. The board may invest
operating, depreciation, or building reserves only in funds or
securities specified by Chapter 2256, Government Code.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
SUBCHAPTER F. BONDS
Sec. 1004.251. GENERAL OBLIGATION BONDS. If authorized by an
election, the board may issue and sell general obligation bonds
in the name and on the faith and credit of the district to:
(1) purchase, construct, acquire, repair, or renovate buildings
or improvements;
(2) equip buildings or improvements for hospital purposes; or
(3) acquire and operate a mobile emergency medical service.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At the
time general obligation bonds are issued by the district under
Section 1004.251, the board shall impose an ad valorem tax in an
amount sufficient to create an interest and sinking fund to pay
the principal of and interest on the 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 the limit
approved by the voters at the election authorizing the imposition
of taxes.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.253. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the voters voting in an election held
for that purpose.
(b) The board may order a bond election. The order calling the
election must specify:
(1) the nature and date of the election;
(2) the hours during which the polls will be open;
(3) the location of polling places;
(4) the amounts of the bonds to be authorized; and
(5) the maximum maturity of the bonds.
(c) Notice of a bond election must be given as provided by
Chapter 1251, Government Code.
(d) The board shall declare the results of the election.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.254. REVENUE BONDS. (a) The board may issue revenue
bonds to:
(1) acquire, purchase, construct, repair, renovate, or equip
buildings or improvements for hospital purposes;
(2) acquire sites to be used for hospital purposes; or
(3) acquire and operate a mobile emergency medical service to
assist the district in carrying out its hospital purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenues derived from the operation of the
district's hospital system.
(c) The bonds may be additionally secured by a mortgage or deed
of trust lien on all or part of the district property.
(d) The bonds must be issued in the manner provided by Sections
264.042, 264.043, and 264.046-264.049, Health and Safety Code,
for issuance of revenue bonds by county hospital authorities.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.255. MATURITY. District bonds must mature not later
than 50 years after the date of their issuance.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.256. EXECUTION OF BONDS. (a) The board president
shall execute district bonds in the district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.257. BONDS NOT SUBJECT TO TAXATION. The following are
not subject to taxation by the state or by a political
subdivision of the state:
(1) bonds issued by the district;
(2) any 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 G. AD VALOREM TAX
Sec. 1004.301. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
hospital district taxation.
(b) The tax may be used to pay:
(1) indebtedness issued or assumed by the district; and
(2) the maintenance and operating expenses of the district.
(c) The district may not impose a tax to pay the principal of or
interest on revenue bonds issued under this chapter.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.302. TAX RATE. (a) The board may impose an annual
tax at a rate not to exceed the limit approved by the voters at
the election authorizing the imposition of a tax.
(b) The tax rate on all taxable property in the district for all
purposes may not exceed 75 cents on each $100 valuation of the
property according to the most recent certified tax appraisal
roll of the district.
(c) In setting the tax rate, the board shall consider district
income from sources other than taxation.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.303. ELECTION TO INCREASE MAXIMUM TAX RATE. (a) The
board may order an election to increase the maximum tax rate of
the district to an amount not to exceed 75 cents on each $100
valuation of the taxable property in the district.
(b) The board shall order an election to increase the maximum
tax rate of the district on presentation of a petition that:
(1) requests the election;
(2) states the maximum tax rate to be voted on at the election;
and
(3) is signed by at least 100 registered voters of the district
as determined by the most recent official list of registered
voters.
(c) The board by order shall set a time and place to hold a
hearing on the petition. The board shall set a date for the
hearing that is not earlier than the 11th day after the date the
board issues the order.
(d) If, after the hearing, the board determines that the
petition is in proper form and that an increase of the maximum
tax rate would benefit the district, the board shall order an
election to authorize the increase of the maximum tax rate to the
tax rate stated in the petition.
(e) The election order must state:
(1) the nature of the election, including the proposition that
is to appear on the ballot;
(2) the maximum tax rate to be voted on at the election;
(3) the date of the election;
(4) the hours during which the polls will be open; and
(5) the location of the polling places.
(f) 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.
(g) Section 41.001(a), Election Code, does not apply to an
election ordered under this subchapter.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.304. NOTICE OF ELECTION. (a) The board shall give
notice of an election under this subchapter by publishing a
substantial copy of the election order in a newspaper with
general circulation in the district once a week for two
consecutive weeks.
(b) The first publication must appear not later than the 35th
day before the date set for the election.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.305. BALLOT. The ballot for an election under this
subchapter must be printed to permit voting for or against the
proposition: "The increase by the Ballinger Memorial Hospital
District of the rate of annual taxes for hospital purposes on all
taxable property in the district to a rate not to exceed _____
(insert the amount determined by the board or stated in the
petition) cents on each $100 valuation."
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1004.306. TAX ASSESSOR-COLLECTOR. The board may provide
for the appointment of a tax assessor-collector for the district
or may contract for the assessment and collection of taxes as
provided by the Tax Code.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.