CHAPTER 1010. BURLESON COUNTY HOSPITAL DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 3. HEALTH
SUBTITLE A. HOSPITAL DISTRICTS
CHAPTER 1010. BURLESON COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1010.001. 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 Burleson County Hospital District.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.002. AUTHORITY FOR OPERATION. The district operates
under and has the rights, powers, and duties provided by Section
9, Article IX, Texas Constitution, and this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.003. ESSENTIAL PUBLIC FUNCTION. The district is a
governmental agency performing an essential public function in
carrying out the purposes of this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Burleson County.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.005. CORRECTION OF INVALID PROCEDURES. If a court
holds that any procedure under this chapter violates the
constitution of this state or of the United States, the board by
resolution or order may provide an alternative procedure that
conforms with the constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1010.051. BOARD ELECTION; TERM. (a) The district is
governed by a board of 11 elected directors.
(b) Unless four-year terms are established under Section
285.081, Health and Safety Code:
(1) directors serve two-year terms; and
(2) the terms of the five directors elected to even-numbered
places expire in even-numbered years and the terms of the six
directors elected to odd-numbered places expire in odd-numbered
years.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.052. QUALIFICATIONS FOR OFFICE. To serve as a
director, a person must be:
(1) at least 21 years of age; and
(2) a qualified voter of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION OF
OFFICE. (a) As soon as practicable after a director is elected
or appointed, the director shall execute a bond for $5,000 that
is:
(1) approved by the board;
(2) payable to the district; and
(3) conditioned on the faithful performance of the director's
duties.
(b) Each director's bond and constitutional oath or affirmation
of office shall be filed with the district and retained in the
district's records.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.054. BOARD VACANCY. If a vacancy occurs in the office
of director, the board shall promptly appoint a director for the
unexpired term.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.055. OFFICERS. (a) The board shall elect from its
membership a president, a vice president, a secretary, a
treasurer, and any other officers the board considers necessary.
The district's depository bank may be designated as district
treasurer.
(b) The president is the district's chief executive officer and
shall preside at all board meetings. The vice president shall
act as president if the president is absent or disabled.
(c) The secretary shall:
(1) act as president if both the president and vice president
are absent or disabled;
(2) act as secretary of the board; and
(3) see that all district records and books are properly kept.
(d) The board may appoint an assistant or deputy secretary to
assist the secretary. The assistant or deputy secretary may
certify the authenticity of any district record, including any
proceeding related to district contracts or bonds or other
indebtedness.
(e) The board may require an officer to execute a bond that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the officer's
duties.
(f) If a vacancy occurs in an office, the board shall appoint a
replacement for the unexpired term.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.056. COMPENSATION; EXPENSES. A director serves
without compensation but may be reimbursed for travel or other
expenses incurred on the district's behalf if:
(1) the director presents a verified statement; and
(2) the board approves the expenses.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.057. VOTING REQUIREMENT. A concurrence of six
directors is sufficient in any matter relating to district
business.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.058. MEETINGS. (a) The board:
(1) shall hold the board's meetings at the board's designated
meeting place;
(2) may establish a schedule of regular meetings to conduct
district business; and
(3) may hold special meetings at other times as district
business requires.
(b) Except as provided by this section, Chapter 551, Government
Code, applies to board meetings.
(c) If there is an emergency or urgent public necessity, posting
of notice of a board meeting is not required.
(d) Failure to post notice does not affect the validity of an
action taken at a regular board meeting. Failure to post notice
may affect the validity of an action taken at a special meeting
unless the board declares, by an action taken at the special
meeting, that an emergency exists.
(e) Any interested person may attend a board meeting.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.059. PERSONNEL. (a) The board shall employ or
contract with all persons the board considers necessary or
advisable to conduct district affairs, including doctors, nurses,
medical technicians, engineers, architects, attorneys, financial
advisors, a hospital administrator, bookkeepers, auditors, and
secretaries.
(b) The board shall determine the powers, duties, terms of
office, and compensation of all employees and consultants by
contract or by resolution or order of the board. The board may
delegate to any district employee any power that the board
considers advisable.
(c) The board may remove any employee.
(d) The board may require an employee to execute a bond payable
to the district and conditioned on the faithful performance of
the employee's duties.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.060. DUTIES OF MANAGER. The district may delegate to
the manager the power to:
(1) manage and operate the district hospital or hospital system
or a portion of the district hospital or hospital system; and
(2) employ and discharge employees or appoint and remove doctors
from the staff.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.061. RETIREMENT, DISABILITY, AND DEATH COMPENSATION
FUND. (a) The board may:
(1) provide for and administer a retirement, disability, and
death compensation fund for district officers and employees; and
(2) adopt a plan to effectuate the purpose of this section,
including the forms of insurance and annuities that the board
considers advisable.
(b) The board may change a plan or rule after notice to the
employees and a hearing.
(c) As the board considers advisable, the board may invest money
provided:
(1) from the compensation of officers and employees
participating in the fund and plan authorized by this section;
and
(2) by the district for the retirement, disability, and death
compensation fund after the money has been received by the
district.
(d) The board may invest the money in:
(1) bonds of the United States, this state, or any political
subdivision of this state;
(2) bonds issued by any agency of the United States if the
payment of the principal and interest is guaranteed by the United
States; and
(3) life insurance policies, endowment or annuity contracts, or
interest-bearing certificates of legal reserve life insurance
companies authorized to write the contracts in this state.
(e) A sufficient amount of money shall be kept on hand to meet
the immediate payment of amounts likely to become due each year
out of the fund as determined by the board.
(f) The recipients or beneficiaries of the fund are not eligible
for any other pension, retirement fund, or direct aid from this
state unless the fund created under this chapter is released to
the state as a condition precedent to receiving the other pension
or aid or the joining of any other system.
(g) The board may:
(1) include hospitalization and medical benefits to district
officers and employees as part of the compensation currently paid
to the officers and employees;
(2) adopt a plan or rule in connection with the benefits
provided under Subdivision (1); or
(3) amend or change a plan or rule adopted under Subdivision (2)
as the board determines.
(h) The board may contract with the state and federal
governments as necessary to establish and 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. 1010.062. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. (a)
The district shall maintain records and accounts in which full
and proper entries are made of:
(1) all dealings, transactions, and business matters that in any
way affect or relate to the district; and
(2) the allocation and application of all revenue relating to
the dealings, transactions, and business matters.
(b) The district records, including the audit report, shall be
available for public inspection at reasonable hours and under
reasonable circumstances.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.063. SEAL. The board shall adopt a seal for the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1010.101. DISTRICT RESPONSIBILITY. The district has full
responsibility for providing medical and hospital 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. 1010.102. RESTRICTION ON POLITICAL SUBDIVISION TAXATION AND
DEBT. A political subdivision other than the district may not
impose a tax or issue bonds or other obligations for hospital
purposes or to provide medical care in the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.103. MANAGEMENT AND CONTROL. The board shall manage
and control all district affairs.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.104. HOSPITAL SYSTEM. (a) 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 for hospital and medical
care purposes; and
(2) equipping the buildings and improvements for those purposes.
(b) The district shall provide for the administration,
maintenance, and operation of the hospital or hospital system to
furnish hospital and medical care in the district.
(c) The board shall determine the type, number, and location of
buildings required to maintain an adequate hospital system.
(d) The hospital system may include:
(1) domiciliary hospital care of the sick or injured;
(2) outpatient clinics;
(3) dispensaries;
(4) geriatric domiciliary care;
(5) convalescent home facilities;
(6) necessary nurses;
(7) domiciliaries and training centers;
(8) blood banks;
(9) community health centers;
(10) research centers or laboratories; and
(11) any other facilities that the board considers necessary for
hospital care.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.105. DISTRICT ELECTIONS. (a) Each district election
shall be called by resolution or order of the board. The order
or resolution must specify:
(1) the date of the election;
(2) the proposition to be submitted and voted on;
(3) the polling place; and
(4) any other matter considered necessary or advisable by the
board.
(b) Notice of each district election shall be given by
publishing one time a substantial copy of the election resolution
or order in a newspaper of general circulation in the district at
least 20 days before the date set for the election.
(c) The board shall declare the results of a district election.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.106. BYLAWS. The board may adopt bylaws to govern:
(1) the time, place, and manner of conducting board meetings;
(2) the powers, duties, and responsibilities of the board's
officers and employees;
(3) the disbursement of money by check, draft, or warrant;
(4) the appointment and authority of board committees;
(5) the keeping of records and accounts; and
(6) other matters the board considers appropriate.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.107. 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 right, power, 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, 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 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.108. COST OF RELOCATING OR ALTERING PROPERTY. In
exercising the power of eminent domain, if the board requires
relocating, raising, lowering, rerouting, changing the grade of,
or altering the construction of any railroad, electric
transmission, telegraph or telephone lines, conduits, poles, or
facilities, or pipeline, the district must bear the actual cost
of relocating, raising, lowering, rerouting, changing the grade,
or altering the construction to provide comparable replacement
without enhancement of facilities, after deducting the net
salvage value derived from the old facility.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.109. 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, in the board's
opinion, with the proper management and objectives of the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.110. OPERATING AND MANAGEMENT CONTRACTS. The district
may enter into an operating or management contract with any
person regarding any district hospital or any part of the
district hospital system.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.111. CONTRACT IN NAME OF DISTRICT. The district shall
contract in the name of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.112. CONTRACTS FOR CARE AND TRAINING. (a) The
district may contract with this state, including agencies of this
state, or the United States for:
(1) the rendition of hospital or medical care; and
(2) the training of doctors, nurses, and other health care
disciplines.
(b) The board may contract with any lessee of the district's
hospitals or any other person to provide hospital care to needy
district inhabitants for payments and terms and under conditions
that the board considers to be in the district's best interests.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
INVESTIGATORY OR OTHER SERVICES. The board may contract with any
political subdivision or governmental agency for investigatory or
other services as to:
(1) the hospital or medical needs of district inhabitants; or
(2) the hospital or medical care of the inhabitants of the other
political subdivision or governmental agency.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.114. MISCELLANEOUS CONTRACT REQUIREMENTS. (a) The
board may not enter into a contract calling for or requiring the
expenditure, payment, or creation or imposition of an obligation
or liability of any nature on the district in excess of $5,000,
unless the proposed contract is first submitted to competitive
bids.
(b) Notice of the time and place the contract will be awarded
must be published once a week for two consecutive weeks in a
newspaper of general circulation in the district. The first
notice must be published not later than the 14th day before the
date set for the receipt of bids. The notice must specify that
the plans and specifications for the proposed project, or the
specifications for the machinery, supplies, equipment, or
materials to be purchased, are on file with a designated district
representative for examination without charge.
(c) A contract for construction or the purchase of materials,
equipment, supplies, or machinery awarded under this chapter
shall be awarded to the lowest responsible bidder and may be
awarded on a lump-sum basis or on a unit price basis, as the
board shall determine.
(d) After performance of a construction contract has started,
the board may approve change orders necessary to:
(1) change the plans or specifications; or
(2) decrease or increase:
(A) the quantity of work to be performed; or
(B) the materials, equipment, or supplies to be furnished.
(e) The board may not increase the total contract price by a
change order under Subsection (d) unless the board provides for
the payment of the added cost by appropriating current or bond
funds for that purpose, but the original contract price may not
be increased by more than 25 percent.
(f) The original contract price may not be decreased by more
than 25 percent without the consent of the contractor.
(g) The board may reject any bid. If a contract is for the
construction of public works and requires the expenditure of
$5,000 or more, a successful bidder is required to give a good
and sufficient payment bond and performance bond. Each bond
must:
(1) be in the full amount of the contract price; and
(2) be executed by a surety company authorized to do business in
this state under Chapter 2253, Government Code.
(h) This section does not apply to:
(1) Section 1010.104(b), 1010.110, 1010.115, or 1010.117;
(2) a contract for personal or professional services; or
(3) the purchase of land, buildings, or rights-of-way.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.115. LEASES. (a) The district through the board may
lease all or part of the buildings and facilities comprising the
hospital system to any person on terms the board considers to be
in the district's best interest. The term of a lease may not
exceed 40 years.
(b) When leasing a building or other facility, the board may
delegate as it considers appropriate the board's power to manage,
control, and administer the leased buildings and facilities to
furnish hospital care.
(c) For each leased building or other facility, the board shall
provide that the lessee charges sufficient rates for services
rendered or goods provided at the leased premise that together
with other sources of the lessee's revenue produce an amount
sufficient to enable the lessee to pay the expenses of operating
and maintaining the leased premise as the lessee is required to
pay under the lease. The rates also must enable the lessee to
pay lease rentals to the district that will be sufficient, when
taken with any other source of the district's estimated revenue
that are pledged for the same purpose, to:
(1) pay the interest on any revenue or special obligation bonds
that are payable wholly or partly from the lease rentals;
(2) create and maintain a sinking fund to pay the principal of
and premium, if any, on the bonds as they become due;
(3) create and maintain a bond reserve fund and other fund as
required by the bond resolution or trust indenture authorizing
the issuance of the bonds; and
(4) pay all other charges, fees, costs, and expenses that the
lessee is required to pay under the resolution or indenture.
(d) The lease, management agreement, bond resolution, or trust
indenture may prescribe systems, methods, routines, procedures,
and policies for the operation of the buildings and other
facilities owned by the district. If all or part of the
district's buildings or other facilities are leased, the district
may delegate to the lessee the duty to establish the systems,
methods, routines, procedures, and policies needed for the
operation of the leased premise.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.116. PURCHASING. The board may purchase any material,
supply, equipment, or vehicle needed by the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.117. DISPOSITION OF PROPERTY. The district may sell
or otherwise dispose of any type of property, including
equipment, on terms the board finds are in the best interest of
the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.118. PAYMENT FOR TREATMENT; PROCEDURES. (a) When a
patient who resides in the district is admitted to a district
facility, the board or a board representative may have an inquiry
made into the financial circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for the
patient's support.
(b) If the board or the board's authorized representative
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 inquiry under Subsection (a) discloses that the
patient or those relatives can pay for all or part of the costs
of the patient's care and treatment, the board shall order the
patient or those relatives to pay the district a specified amount
each week for the patient's care and support. The amount ordered
must be proportionate to the person's financial ability.
(d) The district 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.
(e) If there is a dispute as to the ability to pay, the board
shall hear and determine the issue, after calling witnesses.
(f) The final order of the board may be appealed to the district
court. The substantial evidence rule applies to the appeal.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.119. REIMBURSEMENT FOR SERVICES TO NONRESIDENTS. If a
welfare patient, who is not a district resident, is admitted to a
district facility, the district may:
(1) seek reimbursement from the patient's county of residence;
and
(2) sue for reimbursement.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.120. AUTHORITY TO SUE AND BE SUED; SERVICE OF PROCESS.
(a) The district, through its directors, may sue and be sued in
the district's own name in any court of this state.
(b) Service of process in any suit may be made by serving any
two directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1010.151. BUDGET. An annual budget for each fiscal year
shall be prepared as directed by, and for approval of, the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.152. AMENDMENTS TO BUDGET. The board may amend the
budget as the board considers necessary.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.153. FISCAL YEAR. The district's fiscal year ends on
the last day of April. The board may change the fiscal year.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.154. ANNUAL AUDIT. (a) The board shall have an
independent certified public accountant audit all transactions
relating to the district for each fiscal year.
(b) The accountant's audit report shall be submitted to the
board not later than the 90th day after the date the fiscal year
ends.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.155. DEPOSITORY. (a) The board shall select one or
more banks to serve as the district's depository.
(b) District money shall be deposited as received with the
district's depository bank.
(c) All deposits shall be secured in the manner provided for
securing county funds. Deposits may be placed on time deposit or
used to purchase certificates of deposit.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.156. INVESTMENT OF DISTRICT MONEY. The board may
invest district money in:
(1) bonds of the United States, this state, or any political
subdivision of this state; or
(2) bonds issued by any agency of the United States if the
payment of the principal and interest is guaranteed by the United
States.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER E. BONDS
Sec. 1010.201. GENERAL OBLIGATION BONDS. The board may issue
and sell general obligation bonds in the name and on the faith
and credit of the district for any purpose relating to:
(1) the purchase, construction, acquisition, repair, or
renovation of buildings and improvements for hospital purposes;
and
(2) equipping buildings or improvements for those purposes.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At the
time general obligation bonds are issued under Section 1010.201,
the board shall impose an ad valorem tax on all property in the
district subject to district taxation at a rate sufficient to:
(1) pay the interest on the bonds as the interest comes due; and
(2) provide and maintain a sinking fund adequate to pay the
principal on the bonds as the principal matures.
(b) The tax required by this section together with any other ad
valorem tax the district imposes may not in any year exceed 75
cents on each $100 valuation of taxable property in the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.203. REVENUE AND SPECIAL OBLIGATION BONDS. (a) The
district may issue revenue or special obligation bonds as
authorized by the laws of this state relating to the issuance of
revenue or special obligation bonds, including Sections
264.042-264.049 and 284.031, Health and Safety Code.
(b) Bonds issued under this section may be payable from and
secured by revenue, encumbrances, and mortgages as authorized by
law. Any maintenance and operating expense of the system that is
charged against the revenue of the system may include only items
set forth and defined in the proceedings authorizing the bond
issuance.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.204. BOND ELECTION. (a) The district may not issue
bonds unless the bonds are authorized by a majority of the
district voters voting at an election held for that purpose.
(b) A proposition to authorize the issuance of district bonds
may be submitted at any district election.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.205. MATURITY OF BONDS. District bonds, including
revenue 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. 1010.206. EXECUTION OF BONDS. Bonds shall be signed and
executed as provided by the board in the resolution or order
authorizing the issuance of bonds.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.207. BONDS EXEMPT FROM TAXATION. The following are
exempt from taxation by this state or a political subdivision of
this state:
(1) bonds issued or assumed by the district;
(2) the transfer and issuance of the bonds; and
(3) profits made in the sale of the bonds.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.208. REFUNDING OR FUNDING AND RETIRING CERTAIN OLDER
BONDS. (a) This section applies only to bonds approved in an
election held before May 31, 1991.
(b) Except as provided by Subsection (c) and notwithstanding any
legal defect in the incurrence, issuance, or assumption of the
obligation or indebtedness, the board may issue and sell bonds in
the name and on the faith and credit of the district to refund or
fund and retire any outstanding obligation or other indebtedness
the district has incurred, issued, or assumed.
(c) The board may not use the power granted by this section to
convert Farmers Home Administration bonds to tax bonds.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER F. TAXES
Sec. 1010.251. TAX ELECTION. The district may impose a tax only
if authorized by a majority of the district voters voting in an
election held for that purpose.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.252. 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 shall be imposed for and may be pledged to:
(1) meet the requirements of district bonds;
(2) provide for the district's maintenance and operating
expenses, including the cost of contract payments for hospital
care for needy district inhabitants;
(3) make improvements and additions to the district's hospitals
or hospital system; and
(4) acquire necessary sites for hospitals or the hospital system
by gift, purchase, lease, or condemnation.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.253. TAX RATE. (a) The board may impose the tax at a
rate not to exceed 75 cents on each $100 valuation of taxable
property in the district.
(b) In setting the tax rate, the board shall consider all
district income, including income from sources other than
taxation that are available for the purposes described by Section
1010.252(b).
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.254. ASSESSMENT AND COLLECTION BY COUNTY TAX
ASSESSOR-COLLECTOR. (a) This section applies unless the board
elects to have taxes assessed and collected under Section
1010.255 or 1010.256.
(b) The tax assessor-collector of Burleson County shall assess
and collect taxes imposed by the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.255. ASSESSMENT AND COLLECTION BY DISTRICT TAX
ASSESSOR-COLLECTOR. (a) The board may elect to have district
taxes assessed and collected by a tax assessor-collector
appointed by the board. An election under this subsection must
be made by December 1 and governs the manner in which taxes are
assessed and collected, until changed by the board.
(b) The district tax assessor-collector must:
(1) reside in the district; and
(2) own real property subject to district taxation.
(c) The board shall set for the district tax assessor-collector:
(1) the terms of employment; and
(2) compensation.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1010.256. ASSESSMENT AND COLLECTION BY TAX
ASSESSOR-COLLECTOR OF ANOTHER POLITICAL SUBDIVISION. (a) The
board may elect to have all or part of the district's taxes
assessed and collected by a political subdivision in which any
part of the district is located. An election under this
subsection must be made by December 1 and governs the manner in
which taxes are assessed and collected, until changed by the
board.
(b) The tax assessor or collector of the political subdivision
shall assess or collect the appropriate district taxes in
accordance with the board's election under Subsection (a) and for
the compensation agreed on by the board and the governing body of
the political subdivision.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.