CHAPTER 1006. CAPROCK HOSPITAL DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 3. HEALTH
SUBTITLE A. HOSPITAL DISTRICTS
CHAPTER 1006. CAPROCK HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1006.001. 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 Caprock Hospital District.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.002. AUTHORITY FOR CREATION. The Caprock Hospital
District is created under the authority of Section 9, Article IX,
Texas Constitution.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.003. ESSENTIAL PUBLIC FUNCTION. The district performs
an essential public function in carrying out the purposes of this
chapter.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.004. DISTRICT TERRITORY. (a) The boundaries of the
district are coextensive with the boundaries of County
Commissioners Precincts 1, 3, and 4 of Floyd County as those
boundaries existed on January 1, 1963.
(b) Territory may not be annexed or added to the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district may not
become a charge against or obligation of this state.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.006. 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. 1006.051. BOARD ELECTION; TERM. (a) The board consists of
five directors elected from the district at large.
(b) Directors serve two-year staggered terms unless four-year
terms are established under Section 285.081, Health and Safety
Code.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.052. NOTICE OF ELECTION. At least 10 days before the
date of an election of directors, notice of the election shall be
published one time in a newspaper of general circulation in Floyd
County.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.053. BALLOT PETITION. A person who wants to have the
person's name printed on the ballot as a candidate for director
must file with the board's secretary a petition requesting that
action. The petition must be:
(1) signed by at least 25 qualified voters; and
(2) filed at least 25 days before the date of the election.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.054. QUALIFICATIONS FOR OFFICE. To be eligible to be
elected or appointed as a director, a person must:
(1) be a resident of the district; and
(2) own land in the district subject to taxation.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.055. DIRECTOR'S BOND; RECORD OF BOND AND OATH OR
AFFIRMATION. (a) Each director shall execute a good and
sufficient bond for $1,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the director's
duties.
(b) The bond and the constitutional oath or affirmation of
office shall be deposited with the depository bank of the
district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.056. BOARD VACANCY. (a) If a vacancy occurs in the
office of director, the remaining directors shall appoint a
director for the unexpired term.
(b) If the number of directors is reduced to fewer than three
for any reason, the remaining directors shall immediately call a
special election to fill the vacancies. If the remaining
directors do not call the election, a district court on
application of a district voter or taxpayer may issue an order
requiring the directors to call an election.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.057. OFFICERS. The board shall elect from among its
members a president and a secretary.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.058. VOTING REQUIREMENT. A concurrence of three
directors is sufficient in any matter relating to district
business.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.059. DISTRICT ADMINISTRATOR; ASSISTANT ADMINISTRATOR.
(a) The board shall appoint a qualified person as a district
administrator.
(b) The board may appoint an assistant to the district
administrator.
(c) The district administrator and any assistant district
administrator serves at the will of the board and is entitled to
the compensation determined by the board.
(d) On assuming the duties of district administrator, the
administrator shall execute a bond payable to the district in an
amount of not less than $10,000 to be set by the board that:
(1) is conditioned on the administrator performing the
administrator's duties; and
(2) contains any other condition the board may require.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. The
district administrator shall supervise the work and activities of
the district subject to any limitation the board may prescribe.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.061. EMPLOYEES. The board may employ technicians,
nurses, and other employees considered necessary for the
efficient operation of the district or may delegate that
authority to the district administrator.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.062. RETIREMENT PROGRAM. The board may enter into a
contract or agreement with this state or the federal government
to establish or continue a retirement program for the benefit of
the district's employees.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1006.101. DISTRICT RESPONSIBILITY. The district has full
responsibility for:
(1) operating all hospital facilities for providing medical and
hospital care to indigent persons in the district; and
(2) 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. 1006.102. RESTRICTION ON POLITICAL SUBDIVISION TAXATION AND
DEBT. A political subdivision located in the district may not
impose taxes or issue bonds or other obligations for hospital
purposes for medical treatment of indigent persons.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. The
board shall manage, control, and administer the district's
hospitals and hospital system.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.104. HOSPITAL SYSTEM. The district shall provide for
the establishment of a hospital or hospital system in the
district by:
(1) purchasing, constructing, acquiring, repairing, or
renovating buildings and improvements;
(2) equipping the buildings and improvements; and
(3) administering the buildings and improvements for hospital
purposes.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.105. RULES. The board may adopt rules for the
operation of the district and as required to administer this
chapter.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.106. PURCHASING AND ACCOUNTING PROCEDURES. The board
may prescribe:
(1) the method and manner of making purchases and expenditures
by and for the district; and
(2) all accounting and control procedures.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.107. EMINENT DOMAIN. (a) The district may exercise
the power of eminent domain to acquire a fee simple or other
interest in any type of property located in district territory if
the interest is necessary or convenient for the district to
exercise a power, right, or privilege conferred by this chapter.
(b) The district must exercise the power of eminent domain in
the manner provided by Chapter 21, Property Code.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.108. GIFTS AND ENDOWMENTS. The board may accept for
the district a gift or endowment to be held in trust and
administered by the board for the purposes and under the
directions, limitations, or other provisions prescribed in
writing by the donor that are not inconsistent with the proper
management and objectives of the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.109. CONTRACTS FOR SERVICES TO CERTAIN PERSONS. (a)
The board may contract with a county or a municipality located
outside the district for the care and treatment of sick or
injured persons of that county or municipality.
(b) The board may contract with this state or a federal agency
for the treatment of a sick or injured person for whom this state
or the federal government is responsible.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) When an
individual who resides in the district is 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 cannot pay all or part of the costs of the
patient's care and treatment, the amount of the costs that cannot
be paid becomes a charge against the district.
(c) If the district administrator determines that the patient or
those relatives can 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 each week
for the patient's support. The amount ordered must be
proportionate to financial ability and may not exceed the actual
per capita cost of maintenance.
(d) The district administrator may collect the amount from the
patient's estate, or from a 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.
(e) If there is a dispute as to the ability to pay or doubt in
the mind of the district administrator, the board shall hold a
hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue an appropriate order.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.111. AUTHORITY TO SUE AND BE SUED. The district,
through the board, may sue and be sued.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
SUBCHAPTER D. FINANCIAL ADMINISTRATION OF DISTRICT
Sec. 1006.151. BUDGET. (a) The district administrator shall
prepare an annual budget for approval by the board. The budget
must be for the fiscal year prescribed by Section 1007.152.
(a) The district administrator shall prepare an annual budget
for approval by the board. The budget must be for the fiscal
year prescribed by Section 1006.152.
(b) Not later than August 31 of each year, the board shall
publish notice of a public hearing on the proposed budget. The
notice must be published one time in a newspaper of general
circulation in the district at least 10 days before the date of
the hearing.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 13.001, eff. September 1, 2007.
Sec. 1006.152. FISCAL YEAR. The district operates on a fiscal
year that begins on October 1 and ends on September 30.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.153. AUDIT. (a) The district shall have an audit
made of the district's financial condition.
(b) The audit shall be open to inspection at all times at the
district's principal office.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.154. FINANCIAL REPORT. As soon as practicable after
the close of each fiscal year, the district administrator shall
prepare for the board:
(1) a complete sworn statement of all district money; and
(2) a complete account of the disbursements of that money.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.155. DEPOSITORY. (a) The board shall select one or
more banks in the district to serve as a depository for district
money.
(b) All district money shall be immediately deposited on receipt
with a depository bank, except that sufficient money must be
remitted to the appropriate bank to pay the principal of and
interest on the district's outstanding bonds on or before the
maturity date of the principal and interest.
(c) To the extent that money in a depository bank is not insured
by the Federal Deposit Insurance Corporation, the money must be
secured in the manner provided by law for security of county
funds.
(d) Membership on the district's board of an officer or director
of a bank does not disqualify the bank from being designated as a
depository bank.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.156. BORROWING MONEY IN EMERGENCY; SECURITY. (a) The
board may borrow money at a rate not to exceed the maximum annual
percentage rate allowed by law for district obligations at the
time the loan is made if the board declares that:
(1) money is not available to meet authorized obligations of the
district; and
(2) an emergency exists.
(b) To secure a loan, the board may pledge:
(1) district revenues that are not pledged to pay bonded
indebtedness of the district;
(2) district taxes to be imposed by the district in the next
12-month period that are not pledged to pay the principal of or
interest on district bonds; or
(3) district bonds that have been authorized but not sold.
(c) A loan for which taxes or bonds are pledged must mature not
later than the first anniversary of the date the loan is made. A
loan for which district revenues are pledged must mature not
later than the fifth anniversary of the date the loan is made.
(d) The board may not spend money obtained from a loan under
this section for any purpose other than:
(1) the purpose for which the board declared an emergency; and
(2) if district taxes or bonds are pledged to pay the loan, the
purpose for which the pledged taxes were imposed or the pledged
bonds were authorized.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
SUBCHAPTER E. BONDS
Sec. 1006.201. GENERAL OBLIGATION BONDS. (a) The board may
issue and sell general obligation bonds in the name and on the
faith and credit of the district to purchase, construct, acquire,
repair, or renovate buildings or improvements and to equip
buildings and improvements for a hospital and the hospital
system.
(b) The board shall issue the bonds in compliance with the
applicable provisions of Subtitles A and C, Title 9, Government
Code.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.202. TAXES TO PAY GENERAL OBLIGATION BONDS. (a) At
the time general obligation bonds are issued under Section
1007.201, the board shall impose an ad valorem tax at a rate
sufficient to:
(1) create an interest and sinking fund; and
(2) pay the principal of and interest on the bonds as the bonds
mature.
(a) At the time general obligation bonds are issued under
Section 1006.201, the board shall impose an ad valorem tax at a
rate sufficient to:
(1) create an interest and sinking fund; and
(2) 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 75 cents on each
$100 assessed value of all taxable property in the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 13.002, eff. September 1, 2007.
Sec. 1006.203. GENERAL OBLIGATION BOND ELECTION. (a) The board
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 shall call the election. The election must be
held in accordance with Chapter 1251, Government Code.
(c) The bond election order must specify:
(1) the date of the election;
(2) the location of the polling places;
(3) the presiding election officers;
(4) the amount of the bonds to be authorized;
(5) the maximum interest rate of the bonds; and
(6) the maximum maturity of the bonds.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.204. EXECUTION OF GENERAL OBLIGATION BONDS. (a) The
board president shall execute the general obligation bonds in the
district's name.
(b) The board secretary shall attest the bonds as provided by
Chapter 618, Government Code.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.205. REFUNDING BONDS. (a) The board may issue
refunding bonds to refund outstanding general obligation bonds or
other refundable indebtedness issued by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bond applied to the
payment of the bonds or other refundable indebtedness to be
refunded; or
(2) exchanged in whole or in part for not less than a like
principal amount of the bonds or other refundable indebtedness to
be refunded.
(c) If a refunding bond is sold, the bond must be issued and the
payments must be made in the manner provided by Subchapters B and
C, Chapter 1207, Government Code.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.206. 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) the transfer and issuance of the bonds; and
(3) the profit made in the sale of the bonds.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
SUBCHAPTER F. TAXES
Sec. 1006.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property subject to district taxation
in the manner provided by law for county taxes.
(b) The board shall impose the tax to:
(1) pay the interest on and create a sinking fund for bonds
issued by the district for hospital purposes;
(2) provide for the operation and maintenance of the district
and hospital system;
(3) make improvements and additions to the hospital system; and
(4) acquire necessary sites for the hospital system by purchase,
lease, or condemnation.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.252. TAX RATE. The tax rate may not exceed 75 cents
on each $100 assessed value of all taxable property.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.
Sec. 1006.253. TAX ASSESSOR-COLLECTOR. (a) The tax
assessor-collector of Floyd County shall collect taxes imposed by
the district and promptly transfer the money collected to the
district depository.
(b) The assessor-collector shall receive the compensation
provided for by contract with the district, except the
compensation may not exceed the amount allowed for assessment and
collection of county taxes. The compensation shall be deposited
in the county's general fund and reported as fees of office of
the assessor-collector.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.01, eff. April 1, 2007.