CHAPTER 1007. BIG BEND REGIONAL HOSPITAL DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 3. HEALTH
SUBTITLE A. HOSPITAL DISTRICTS
CHAPTER 1007. BIG BEND REGIONAL HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1007.001. 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 Big Bend Regional Hospital District.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.002. AUTHORITY FOR CREATION. The district is created
under Section 9, Article IX, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.003. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of:
(1) Presidio County, including all "cut over" or "banco" land on
the north side of the Rio Grande; and
(2) Brewster County.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district's
hospital system and any indebtedness incurred by the district
under this chapter may not become a charge against or obligation
of this state.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.005. 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 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1007.051. BOARD ELECTION; TERM. (a) The board consists of
five directors elected from single-member voting subdistricts
established by the board.
(b) The board shall revise each single-member subdistrict after
each federal decennial census to reflect population changes. At
the first election after the subdistricts are revised, a new
director shall be elected from each subdistrict. The directors
shall draw lots to determine which two directors shall serve
two-year terms and which three directors shall serve four-year
terms.
(c) Directors serve staggered four-year terms.
(d) An election shall be held on the uniform election date in
May of each even-numbered year to elect the appropriate number of
directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.052. NOTICE OF ELECTION. At least 35 days before the
date of an election of directors, notice of the election must be
published one time in a newspaper with general circulation in the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.053. QUALIFICATIONS FOR OFFICE. (a) A person may not
be a candidate for or serve as a director unless the person is:
(1) a district resident; and
(2) a qualified voter.
(b) A person is not eligible to serve as a director if the
person is:
(1) a district employee;
(2) a party to a contract with the district to perform services
for compensation; or
(3) a physician who has staff privileges at a district facility.
(c) A person who is elected from a single-member subdistrict or
who is appointed to fill a vacancy for a single-member
subdistrict must reside in that subdistrict.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.054. BOND; RECORD OF BOND AND OATH OR AFFIRMATION OF
OFFICE. (a) Each director shall qualify for office by executing
a good and sufficient commercial 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 district shall pay for the directors' bonds.
(c) Each director's bond and constitutional oath or affirmation
of office shall be deposited in the district depository for
safekeeping.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.055. OFFICERS. The board shall elect from among its
members a president, secretary, and treasurer at the first
meeting of the board after each directors' election.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.056. COMPENSATION; EXPENSES. A director serves
without compensation but is entitled to reimbursement for
necessary expenses incurred in the performance of official
duties.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.057. DISTRICT ADMINISTRATOR. (a) The board may employ
a district administrator to manage the operations of the hospital
system.
(b) The district administrator may employ necessary personnel to
perform the services provided by the system.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.058. EMPLOYEES.The board may employ an attorney,
general manager, bookkeeper, architect, and other employees
necessary for the efficient operation of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.059. RETIREMENT BENEFITS. The board may enter into
any contract or agreement with this state or the federal
government that is required to establish or continue a retirement
program for the benefit of the district's employees.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.060. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. The
board shall:
(1) maintain all district records, including books, accounts,
notices, minutes, and other matters of the district and its
operation, at the district office; and
(2) make those records available for public inspection at
reasonable times.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1007.101. DISTRICT RESPONSIBILITY. The district shall
provide all necessary hospital and medical care for the
district's needy inhabitants.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.102. RESTRICTION ON POLITICAL SUBDIVISION TAXATION AND
DEBT. A political subdivision of this state, other than the
district, may not impose a tax or issue bonds or other
obligations to provide hospital service or medical care in the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.103. MEDICAL SERVICES FOR PRESIDIO COUNTY. (a) The
board shall periodically review the feasibility and desirability
of operating a hospital in Presidio County.
(b) The district shall operate a facility that provides medical
services in Presidio County. At a minimum, the facility must
provide outpatient medical services to the district's residents.
(c) The board may contract or otherwise cooperate with another
entity to provide the services required by Subsection (b).
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.104. MANAGEMENT AND CONTROL OF DISTRICT. The
management and control of the district is vested in the board,
and the board has full power to manage and control the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.105. HOSPITAL SYSTEM. The district has the
responsibility to establish a hospital or hospital system within
its boundaries to provide hospital and medical care to the
district's residents.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.106. RULES. (a) The board shall adopt rules for the
efficient operation of the district, including district
facilities.
(b) The board shall:
(1) publish the rules in book form; and
(2) provide copies to interested persons on request at district
expense.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.107. PURCHASING AND ACCOUNTING PROCEDURES. The board
may prescribe the method of making purchases and expenditures and
the manner of accounting and control used by the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.108. DISTRICT PROPERTY, FACILITIES, AND EQUIPMENT.
The board may sell, lease, or otherwise dispose of property,
including facilities or equipment, for the district. The sale or
other disposal must be at a public sale and at a price and on
terms the board determines are most advantageous to the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.109. SURPLUS PROPERTY. The board may donate to
another governmental entity or to a charitable organization any
surplus personal property or equipment if the donation serves a
public purpose and is accompanied by adequate consideration.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.110. EMINENT DOMAIN. (a) The district may exercise
the power of eminent domain to acquire a fee simple or other
interest in any real, personal, or mixed property located in
district territory if the interest is necessary or convenient for
the district to exercise a power or duty conferred on the
district 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, the district is not required
to:
(1) pay in advance or provide a bond or other security for costs
in the trial court; or
(2) provide a bond for costs or a supersedeas bond on an appeal
or writ of error.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.111. GIFTS AND ENDOWMENTS. The board may accept for
the district a gift or endowment to be held in trust and
administered by the board under the directions, limitations, or
other provisions prescribed in writing by the donor that are not
inconsistent with the proper management of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.112. CONTRACTS WITH POLITICAL SUBDIVISIONS FOR
HOSPITAL AND MEDICAL CARE. The board may contract with another
political subdivision to provide hospital and medical care for
needy persons who reside outside the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.113. PAYMENT FOR TREATMENT; PROCEDURE. (a) A person
who resides in the district is entitled to receive necessary
medical and hospital care regardless of whether the person has
the ability to pay for the care.
(b) The board by rule shall adopt a procedure for determining:
(1) the ability of a patient to pay for the patient's medical
and hospital care; and
(2) the amount each patient is required to pay.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1007.151. BUDGET. The board shall prepare a budget that
includes:
(1) proposed expenditures and disbursements;
(2) estimated receipts and collections for the next fiscal year;
and
(3) the amount of taxes required to be imposed to meet the
proposed budget.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.152. PROPOSED BUDGET: NOTICE AND HEARING. (a) The
board shall hold a public hearing on the proposed budget.
(b) Notice of the hearing must be published at least once in a
newspaper of general circulation in the district not later than
the 10th day before the date of the hearing.
(c) Any person who owns taxable property in the district and has
rendered that property for taxation is entitled to:
(1) appear at the hearing; and
(2) be heard regarding any item in the proposed budget.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.153. FISCAL YEAR. The district's fiscal year is from
October 1 to September 30.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.154. ANNUAL AUDIT. (a) The board annually shall
require an independent audit of the district's books and records.
(b) Not later than December 1 each year, the board shall file a
copy of the audit with:
(1) the comptroller; and
(2) the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.155. DEPOSITORY. (a) The board by resolution shall
designate a bank in Brewster or Presidio County as the district's
depository. The designated bank serves for two years and until a
successor is designated.
(b) All district money shall be deposited in the depository and
secured in the manner provided for securing county funds.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER E. BONDS
Sec. 1007.201. BONDS. The district may issue bonds to:
(1) purchase, construct, acquire, repair, or renovate buildings
or improvements; and
(2) equip buildings for hospital purposes.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.202. TAX TO PAY BONDS. The board may issue bonds
under Section 1007.201 only if the board imposes an ad valorem
tax at a rate sufficient to create an interest and sinking fund
to pay the principal of and interest on the bonds as the bonds
mature.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.203. BOND ELECTION. (a) The board may issue bonds
under Section 1007.201 only if the bonds are authorized by a
majority of the district voters voting in an election held for
that purpose. The total face value of the bonds may not exceed
the amount specified in the election order.
(b) The board may order a bond election at any time.
(c) The order calling an election must include:
(1) the time of the election;
(2) the location of the polling places;
(3) the form of the ballots;
(4) the presiding judge for each polling place;
(5) the purpose of the bond issuance;
(6) the amount of the proposed bond issuance;
(7) the maximum interest rate of the bonds; and
(8) the maximum maturity of the bonds.
(d) A substantial copy of the election order shall be published
in a newspaper of general circulation in the district once a week
for two consecutive weeks before the date of the election. The
first notice must be published not later than the 14th day
immediately preceding the day of the election.
(e) A copy of the election results must be filed with the county
clerk and become a public record.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.204. MATURITY OF BONDS. District bonds must mature
not later than 40 years after the date of issuance.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.205. EXECUTION OF BONDS. (a) The board president
shall execute the bonds in the district's name.
(b) The board secretary shall countersign the bonds.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER F. TAXES
Sec. 1007.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The tax may be used only to:
(1) pay the interest on and create a sinking fund for bonds
issued under this chapter;
(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 sites for additions to the hospital system.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.252. TAX RATE. The board may impose the tax at a rate
not to exceed 75 cents on each $100 valuation of all taxable
property in the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1007.253. TAX ASSESSOR-COLLECTOR. The tax
assessor-collector for Brewster or Presidio County shall collect
taxes for the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.