CHAPTER 1012. CHILDRESS COUNTY HOSPITAL DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 3. HEALTH
SUBTITLE A. HOSPITAL DISTRICTS
CHAPTER 1012. CHILDRESS COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1012.001. 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 Childress County Hospital District.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.002. AUTHORITY FOR CREATION. The district is created
under the authority of Section 9, Article IX, Texas Constitution,
and has the rights, powers, and duties prescribed by this
chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.003. ESSENTIAL PUBLIC FUNCTION. The district performs
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. 1012.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Childress County,
Texas.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.005. 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 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.006. 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 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1012.051. BOARD ELECTION; TERM. (a) The district is
governed by a board of seven directors elected from the district
at large.
(b) Unless four-year terms are established under Section
285.081, Health and Safety Code:
(1) directors serve staggered two-year terms, with three
directors elected in even-numbered years and four directors
elected in odd-numbered years; and
(2) a director's election shall be held each year on the May
uniform election date prescribed by Section 41.001, Election
Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.052. QUALIFICATIONS FOR OFFICE. (a) To be eligible
to hold office as a director, a person must be:
(1) a district resident; and
(2) a qualified voter.
(b) An employee of the district may not serve as a director.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.053. BOARD VACANCY. If a vacancy occurs in the office
of director, the remaining directors by majority vote shall
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. 1012.054. OFFICERS. (a) The board shall elect a president
and vice president from among its members.
(b) The board shall appoint a secretary, who need not be a
director.
(c) The president has the same right to vote as any other
director.
(d) If the president is absent or fails and declines to act, the
vice president shall perform the president's duties and exercise
the president's powers under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.055. COMPENSATION; EXPENSES. A director serves
without compensation but may be reimbursed for actual expenses
incurred in attending to district business. The expenses must
be:
(1) reported in the district's records; and
(2) approved by the remainder of the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.056. VOTING REQUIREMENT. A concurrence of four
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. 1012.057. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. (a)
The board shall:
(1) keep an account of all board meetings and proceedings; and
(2) maintain at the district's principal office all district
records and accounts, including all contracts, notices, duplicate
vouchers, and duplicate receipts.
(b) The information described by Subsection (a) shall be open to
public inspection at the district's principal office at all
reasonable times.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.058. INDIVIDUAL LIABILITY OF DIRECTORS. A director is
individually liable only for the director's individual
misapplication of public money.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.059. CHIEF EXECUTIVE OFFICER; ASSISTANT CHIEF
EXECUTIVE OFFICER. (a) The board shall appoint a qualified
person to be known as the chief executive officer of the
district.
(b) The chief executive officer may appoint an assistant to the
chief executive officer.
(c) The chief executive officer is entitled to the compensation
determined by the board.
(d) The board may execute an employment contract with the chief
executive officer for a term of not more than three years. The
employment contract may be renewed or extended annually.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.060. GENERAL DUTIES OF CHIEF EXECUTIVE OFFICER. The
chief executive officer shall:
(1) stay informed on the latest methods of hospital
administration and the care of hospital patients; and
(2) subject to the limitations prescribed by the board:
(A) supervise the work and activities of the district; and
(B) direct the affairs of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.061. EMPLOYEES. The board shall authorize the chief
executive officer to employ nurses, technicians, and other
employees 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. 1012.062. LEGAL COUNSEL; OTHER PROFESSIONAL SERVICES. The
board may employ legal counsel or contract for other professional
services as the board considers advisable.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.063. RECRUITMENT OF MEDICAL PERSONNEL. (a) The board
may spend district money to recruit physicians, nurses, and other
trained medical personnel.
(b) The board may pay the tuition or other expenses of a
full-time medical student or other student in a health occupation
who:
(1) is enrolled in and is in good standing at an accredited
medical school, college, or university; and
(2) contractually agrees to become a district employee or
independent contractor in return for that assistance.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.064. PERSONNEL CONTRACTS. (a) The board may contract
to provide administrative and other personnel for the operation
of the hospital facilities.
(b) The term of the contract may not exceed 25 years.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.065. EDUCATIONAL PROGRAMS; COURSES.The board may
provide or contract for the provision of educational programs or
courses for district employees and medical staff.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.066. RETIREMENT BENEFITS. The board may provide
retirement benefits for district employees by:
(1) establishing or administering a retirement program; or
(2) electing to participate 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 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1012.101. 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
inhabitants.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.102. RESTRICTION ON COUNTY OR MUNICIPALITY TAXATION
AND DEBT. Childress County or a municipality in Childress County
may not impose a tax or issue bonds or other obligations for
hospital purposes or for medical treatment of indigent persons in
the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. (a)
The board shall manage, control, and administer the district's
hospitals and hospital system.
(b) The board may delegate to the chief executive officer the
authority to manage, control, and administer the hospital, the
hospital system, and the district's business, money, and
resources under the board's oversight.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.104. HOSPITAL SYSTEM. The district shall provide for
the establishment of a hospital system by:
(1) purchasing, constructing, acquiring, repairing, or
renovating buildings and equipment;
(2) equipping the buildings; and
(3) administering the buildings and equipment for hospital
purposes.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.105. RULES. The board may adopt rules for the
operation of the district and as required to administer this
chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.106. PURCHASING AND ACCOUNTING PROCEDURES. The board
may prescribe:
(1) the method and manner of the making of purchases and
expenditures by and for the district; and
(2) all accounting and control procedures.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.107. DISTRICT PROPERTY, FACILITIES, AND EQUIPMENT.
(a) The board shall determine the type, number, and location of
buildings required to maintain an adequate hospital system.
(b) The board may:
(1) purchase or lease property, including facilities or
equipment, for the district to use in the hospital system; and
(2) mortgage or pledge the property as security for the payment
of the purchase price.
(c) The board may lease district hospital facilities to
individuals, corporations, or other legal entities.
(d) The board may sell or otherwise dispose of the district's
property, including facilities or equipment.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.108. 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 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.109. 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 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. 1012.110. CONSTRUCTION CONTRACTS. A construction contract
that requires the expenditure of more than the amount provided by
Section 271.024, Local Government Code, may be made only after
competitive bidding as provided by Subchapter B, Chapter 271,
Local Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.111. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR CARE AND
TREATMENT. (a) The board may contract with a county or
municipality located outside the district's boundaries for the
care and treatment of a sick or injured person 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 agency is responsible.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.112. PAYMENT FOR TREATMENT; PROCEDURES. (a) When a
patient who resides in the district is admitted to a district
facility, the chief executive officer 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 chief executive officer determines that the patient
or those relatives cannot pay all or part of the costs of the
care and treatment in the hospital, the amount of the costs that
cannot be paid becomes a charge against the district.
(c) If the chief executive officer determines that the patient
or those relatives can pay for all or part of the costs of the
patient's care and treatment, the chief executive officer shall
issue an order directing the patient or those relatives to pay
the district a specified amount each week for the patient's
support. The amount ordered must be proportionate to the
person's financial ability and may not exceed the actual per
capita cost of maintenance.
(d) The chief executive officer 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) The board may institute a suit to collect an amount owed to
the district by a patient who has not been determined under this
section to be unable to pay.
(f) If there is a dispute as to the ability to pay, or doubt in
the mind of the chief executive officer, the board shall hold a
hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue any appropriate orders.
(g) A 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. 1012.113. AUTHORITY TO SUE AND BE SUED. The district,
through the board, may sue and be sued.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1012.151. BUDGET. The chief executive officer shall
prepare an annual budget for approval by the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a) The
board shall hold a public hearing on the proposed annual budget.
(b) The board shall publish notice of the hearing in accordance
with Chapter 551, Government Code.
(c) The board must approve the budget.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.153. AMENDMENT OF BUDGET. The budget may be amended
as required by circumstances. The board must approve all
amendments.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.154. RESTRICTION ON EXPENDITURES. Money may be spent
only for an expense included in the budget or an amendment to the
budget.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.155. FISCAL YEAR. (a) The district operates on a
fiscal year established by the board.
(b) The fiscal year may not be changed:
(1) during a period that revenue bonds of the district are
outstanding; or
(2) more than once in a 24-month period.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.156. ANNUAL AUDIT. (a) The board annually 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 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.157. FINANCIAL REPORT. As soon as practicable after
the close of each fiscal year, the chief executive officer shall
prepare for the board:
(1) a complete sworn statement of all district money; and
(2) a complete account of the disbursement of that money.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.158. DEPOSITORY. (a) The board shall select one or
more banks to serve as a depository for district money.
(b) 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 or other obligations
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 the security of county
funds.
(d) Membership on the district's board of an officer or director
of a bank disqualifies the bank from being selected as a
depository bank.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.159. GENERAL AUTHORITY TO BORROW MONEY; 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.
(b) To secure a loan, the board may pledge:
(1) district revenue that is not pledged to pay the district's
bonded indebtedness;
(2) a district tax to be imposed by the district in the next
12-month period that is 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 revenue is pledged must mature not later
than the fifth anniversary of the date the loan is made.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.160. AUTHORITY TO BORROW 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 revenue that is not pledged to pay the district's
bonded indebtedness;
(2) a district tax to be imposed by the district in the next
12-month period that is 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 revenue is 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 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER E. BONDS
Sec. 1012.201. 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 hospital or hospital system
purposes, to:
(1) purchase, construct, acquire, repair, or renovate buildings
or improvements;
(2) equip buildings or improvements; or
(3) acquire and operate a mobile emergency medical or air
ambulance service.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At the
time general obligation bonds are issued under Section 1012.201,
the board shall impose an ad valorem tax at a rate sufficient to
create an interest and sinking fund and 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 ad
valorem tax the district imposes may not exceed the limit
approved by the voters at the election authorizing the imposition
of the tax.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the district voters voting at an
election held for that purpose.
(b) Section 41.001(a), Election Code, does not apply to a bond
election ordered by the board.
(c) Except as otherwise provided by this chapter, the election
shall be conducted in accordance with Chapter 1251, Government
Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.204. 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 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.205. REVENUE BONDS. (a) The board may issue and sell
revenue bonds in the name and on the faith and credit of the
district to:
(1) purchase, construct, acquire, repair, renovate, or equip
buildings or improvements for hospitals and the hospital system;
or
(2) acquire sites to be used for hospital purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospital system.
(c) The bonds may be additionally secured by a mortgage or deed
of trust on all or part of the district's 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 a county hospital authority.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.206. 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. 1012.207. 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) 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.
SUBCHAPTER F. TAXES
Sec. 1012.251. IMPOSITION OF AD VALOREM TAXES. (a) The board
may impose a tax on property in the district subject to 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.252. TAX RATE. (a) The board may impose the tax at a
rate not to exceed the limit approved by the voters at the
election authorizing the imposition of the tax.
(b) The tax rate for all purposes may not exceed 75 cents on
each $100 valuation of taxable property in the district.
(c) In setting the tax rate, the board shall consider the income
of the district from sources other than taxation.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.253. 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 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER G. DISSOLUTION
Sec. 1012.301. DISSOLUTION; ELECTION. (a) The district may be
dissolved only on approval of a majority of the district 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 a number of
residents of the district equal to at least 15 percent of the
registered voters in the district.
(d) The order calling the election must state:
(1) the nature of the election, including the proposition to
appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(e) Section 41.001(a), Election Code, does not apply to an
election ordered under this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.302. NOTICE OF ELECTION. (a) The board shall give
notice of an election under this subchapter by publishing once a
week for two consecutive weeks a substantial copy of the election
order in a newspaper with general circulation in the district.
(b) The first publication of the notice must appear not later
than the 35th day before the date set for the election.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.303. BALLOT. The ballot for an election under this
subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Childress County Hospital
District."
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.304. ELECTION RESULTS. (a) If a majority of the
votes in an election under this subchapter favor dissolution, the
board shall find that the district is dissolved.
(b) If a majority of the votes in the election 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 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.305. TRANSFER, SALE, OR ADMINISTRATION OF ASSETS. (a)
If a majority of the votes in the election under this subchapter
favor dissolution, the board shall:
(1) transfer the land, buildings, improvements, equipment, and
other assets that belong to the district to Childress County or
another governmental entity in Childress County;
(2) sell the assets and liabilities to another person; or
(3) administer the property, assets, and debts until all money
has been disposed of and all district debts have been paid or
settled.
(b) If the board makes the transfer under Subsection (a)(1), the
county or entity assumes all debts and obligations of the
district at the time of the transfer, and the district is
dissolved.
(c) If Subsections (a)(1) and (2) do not apply and the board
administers the property, assets, and debts under Subsection
(a)(3), the district is dissolved when all money is disposed of
and all district debts have been paid or settled.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.306. SALE OR TRANSFER OF ASSETS AND LIABILITIES. (a)
The dissolution of the district and the sale or transfer of the
district's assets or liabilities to another person may not
contravene a trust indenture or bond resolution relating to the
district's outstanding bonds. The dissolution and sale or
transfer does not diminish or impair the rights of a holder of an
outstanding bond, warrant, or other obligation of the district.
(b) The sale or transfer of the district's assets and
liabilities must satisfy the debt and bond obligations of the
district in a manner that protects the interests of the residents
of the district, including the residents' collective property
rights in the district's assets.
(c) The district may not transfer or dispose of the district's
assets except for due compensation unless:
(1) the transfer is made to another governmental entity that
serves the district; and
(2) the transferred assets are to be used for the benefit of the
district's residents.
(d) A grant from federal funds is an obligation to be repaid in
satisfaction.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.307. IMPOSITION OF TAX AND RETURN OF SURPLUS TAXES.
(a) After the board finds 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 money to the county tax
assessor-collector.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1012.308. REPORT; DISSOLUTION ORDER. (a) After the
district has paid all district debts and has disposed of all
district money and other assets as prescribed by this subchapter,
the board shall file a written report with the Commissioners
Court of Childress County summarizing the board's actions in
dissolving the district.
(b) Not later than the 10th day after the date the Commissioners
Court of Childress 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 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.