CHAPTER 1015. FAIRFIELD HOSPITAL DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 3. HEALTH
SUBTITLE A. HOSPITAL DISTRICTS
CHAPTER 1015. FAIRFIELD HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1015.001. 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 Fairfield Hospital District.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.002. AUTHORITY FOR OPERATION. The district operates
and is financed as provided by Section 9, Article IX, Texas
Constitution, and by this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.003. ESSENTIAL PUBLIC FUNCTION. The district is a
public entity performing an essential public function.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of the Fairfield
Independent School District as those boundaries existed on August
3, 1987.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The state may not be obligated for the support or
maintenance of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.006. 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. 1015.051. BOARD ELECTION; TERM. (a) The district is
governed by a board of seven directors elected from the district
at large.
(b) Directors serve staggered four-year terms.
(c) An election shall be held on the uniform election day 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. 1015.052. NOTICE OF ELECTION. At least 35 days before the
date of an election of directors, notice of the election shall 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. 1015.053. QUALIFICATIONS FOR OFFICE. (a) To be eligible
to be a candidate for or to serve as a director, a person must
be:
(1) a district resident; and
(2) a qualified voter.
(b) A district employee may not serve as a director.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.054. BOND; RECORD OF BOND. (a) Before assuming the
duties of office, each director must execute a bond for $5,000
that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the director's
duties.
(b) The board may pay for a director's bond with district money.
(c) Each director's bond shall be kept in the district's
permanent records.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.055. BOARD VACANCY. If a vacancy occurs in the office
of director, the remaining directors 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. 1015.056. 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) Each officer of the board serves for a term of one year.
(d) The board shall fill a vacancy in a board office for the
unexpired term.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.057. COMPENSATION; EXPENSES. A director or officer
serves without compensation but may be reimbursed for actual
expenses incurred in the performance of official duties. The
expenses must be:
(1) reported in the district's records; and
(2) approved by the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.058. VOTING REQUIREMENT. A concurrence of a majority
of the directors voting is necessary 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. 1015.059. DISTRICT ADMINISTRATOR. (a) The board may
appoint a qualified person as district administrator.
(b) The district administrator serves at the will of the board
and is entitled to the compensation determined by the board.
(c) Before assuming the duties of district administrator, the
administrator must execute a bond in the amount set by the board
of not less than $5,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
administrator's duties under this chapter.
(d) The board may pay for the bond with district money.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to the limitations prescribed by the board, the district
administrator shall:
(1) supervise the work and activities of the district; and
(2) direct the general affairs of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.061. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. (a)
The board may appoint qualified persons as:
(1) the assistant district administrator; and
(2) the attorney for the district.
(b) The assistant district administrator and the attorney for
the district serve at the will of the board and are entitled to
the compensation determined by the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.062. APPOINTMENT AND RECRUITMENT OF STAFF AND
EMPLOYEES. (a) The board may appoint to the staff any doctors
the board considers necessary for the efficient operation of the
district and may make temporary appointments as necessary.
(b) The district may employ technicians, nurses, fiscal agents,
accountants, architects, additional attorneys, and other
necessary employees.
(c) The board may delegate to the district administrator the
authority to employ persons for the district.
(d) The board may spend money to recruit physicians, nurses, and
other trained medical personnel. The board may pay the tuition
or other costs or expenses of a full-time medical student or
nursing student who:
(1) is enrolled in and is in good standing at an accredited
school, college, or university; and
(2) contractually agrees to become a district employee in return
for that assistance.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.063. CONTINUING EDUCATION; RETRAINING. The board may
spend money for continuing education and retraining of employees.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.064. RETIREMENT BENEFITS. The board may provide
retirement benefits for district employees by:
(1) establishing or administering a retirement program; or
(2) participating in:
(A) the Texas County and District Retirement System; or
(B) another statewide retirement system in which the district is
eligible to participate.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1015.101. DISTRICT RESPONSIBILITY. The district has full
responsibility for:
(1) operating hospital facilities; 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. 1015.102. RESTRICTION ON MUNICIPAL TAXATION AND DEBT. The
City of Fairfield may not impose a tax or issue bonds or other
obligations for hospital purposes or to provide medical care for
district residents.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. The
board shall manage, control, and administer the hospital system
and the district's money and resources.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.104. RULES. The board may adopt rules governing:
(1) the operation of the hospital and hospital system; and
(2) the duties, functions, and responsibilities of district
staff and employees.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.105. PURCHASING AND ACCOUNTING PROCEDURES. The board
may prescribe:
(1) the method of making purchases and expenditures by and for
the district; and
(2) accounting and control procedures for the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.106. DISTRICT PROPERTY, FACILITIES, AND EQUIPMENT.
(a) The board shall determine:
(1) the type, number, and location of buildings required to
maintain an adequate hospital system; and
(2) the type of equipment necessary for hospital care.
(b) The board may:
(1) acquire property, including facilities and equipment, for
the district for 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 hospital facilities for the district.
(d) The board may sell or otherwise dispose of the property,
including facilities, or equipment, for the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.107. EMINENT DOMAIN. (a) The district may exercise
the power of eminent domain to acquire a fee simple or other
interest in property located in district territory if the
interest is necessary for the district to exercise a right or
authority conferred by this chapter.
(b) The district must exercise the power of eminent domain in
the manner provided by Chapter 21, Property Code, except 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 a bond or other security for costs
in the trial court;
(2) provide a 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. 1015.108. 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, highway, pipeline,
electric transmission and electric distribution, telegraph, or
telephone line, conduit, pole, or facility, 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. 1015.109. GIFTS AND ENDOWMENTS. The board may accept for
the district a gift or endowment to be held in trust for any
purpose and under any direction, limitation, or provision
prescribed in writing by the donor that is consistent 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. 1015.110. CONSTRUCTION CONTRACTS. (a) The board may enter
into construction contracts for the district.
(b) The board may enter into a construction contract that
involves the expenditure of more than the amount provided by
Section 271.024, Local Government Code, 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. 1015.111. OPERATING AND MANAGEMENT CONTRACTS. The board
may enter into an operating or management contract relating to a
hospital facility for the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
SERVICES. The board may contract with a political subdivision of
this state or with a state or federal agency for the district to:
(1) furnish a mobile emergency medical service; or
(2) provide for the investigatory or welfare needs of district
inhabitants.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.113. PAYMENT FOR TREATMENT; PROCEDURES. (a) Each
year, the board may set criteria for determining residency,
eligibility for a service, and the type of services available.
(b) When a person who resides in the district is admitted as a
patient to a district facility, the district administrator may
have an inquiry made into the financial circumstances of:
(1) the patient; and
(2) a relative of the patient who is legally responsible for the
patient's support.
(c) To the extent that the patient or a relative of the patient
who is legally responsible for the patient's support cannot pay
for care and treatment provided by the district, the district
shall supply the care and treatment without charging the patient
or the patient's relative.
(d) On determining that the patient or a relative legally
responsible for the patient's support can pay for all or part of
the care and treatment provided by the district, the district
administrator shall report that determination to the board, and
the board shall issue an order directing the patient or the
relative to pay the district a specified amount each week. The
amount must be based on the person's ability to pay.
(e) The district administrator may collect the money owed to the
district from the patient's estate or from that of a relative who
was legally responsible for the patient's support in the manner
provided by law for the collection of expenses of the last
illness of a deceased person.
(f) If there is a dispute relating to a person's ability to pay
or if the district administrator has any doubt concerning a
person's ability to pay, the board shall:
(1) call witnesses;
(2) hear and resolve the question; and
(3) issue a final order.
(g) The final order of the board may be appealed to a district
court in the county in which the district is located. 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. 1015.114. REIMBURSEMENT FOR SERVICES. (a) The board shall
require a county, municipality, or public hospital located
outside the district to reimburse the district for the district's
care and treatment of a sick or injured person of that county,
municipality, or public hospital as provided by Chapter 61,
Health and Safety Code.
(b) The board shall require the sheriff of Freestone County or
the police chief of the City of Fairfield to reimburse the
district for the district's care and treatment of a person who is
confined in a jail facility of Freestone County or the City of
Fairfield and is not a district resident. A prisoner in the
Freestone County jail or any penal or police facility located in
the district does not qualify as a district resident unless the
person would meet the qualifications for residency
notwithstanding the incarceration, its duration, or the facts
surrounding the incarceration.
(c) On behalf of the district, the board may contract with the
state or federal government for that government to reimburse the
district for treatment of a sick or injured person.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.115. AUTHORITY TO SUE AND BE SUED. The board may sue
and be sued on behalf of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1015.151. BUDGET. (a) The district administrator shall
prepare a proposed annual budget for the district.
(b) The proposed budget must contain a complete financial
statement, including a statement of:
(1) the outstanding obligations of the district;
(2) the amount of cash on hand in each district fund;
(3) the amount of money received by the district from all
sources during the previous year;
(4) the amount of money available to the district from all
sources during the ensuing year;
(5) the amount of the balances expected at the end of the year
in which the budget is being prepared;
(6) the estimated amount of revenue and balances available to
cover the proposed budget; and
(7) the estimated tax rate required.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.152. 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 a newspaper
with general circulation in the district not later than the 10th
day before the date of the hearing.
(c) Any district resident is entitled to be present and
participate at the hearing.
(d) At the conclusion of the hearing, the board shall adopt a
budget by acting on the budget proposed by the district
administrator. The board may make any changes in the proposed
budget that the board judges to be in the interests of the
taxpayers.
(e) The budget is effective only after adoption by the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.153. AMENDMENTS TO BUDGET. After adoption, the annual
budget may be amended on the board's approval.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.154. 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. 1015.155. 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. 1015.156. ANNUAL AUDIT. The board annually shall have an
audit made of the district's financial condition.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT RECORDS.
The annual audit and other district records shall be open to
inspection during regular business hours at the district's
principal office.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.158. FINANCIAL REPORT. As soon as practicable after
the close of the fiscal year, the district administrator shall
prepare for the board:
(1) a sworn statement of the amount of district money; and
(2) an account of the disbursements of that money.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.159. DEPOSITORY. (a) The board shall select at least
one bank to serve as a depository for district money.
(b) District money, other than money invested as provided by
Section 1015.160(b) and money transmitted to a bank for payment
of bonds or obligations issued or assumed by the district, shall
be deposited as received with the depository bank and shall
remain on deposit. This subsection does not limit the power of
the board to place a part of district money on time deposit or to
purchase certificates of deposit.
(c) The district may not deposit money with a bank in an amount
that exceeds the maximum amount secured by the Federal Deposit
Insurance Corporation unless the bank has first executed a bond
or other security in an amount sufficient to secure from loss the
district money that exceeds the amount secured by the Federal
Deposit Insurance Corporation.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as otherwise provided by Sections 1015.110, 1015.161,
1015.201, 1015.204, and 1015.205, the district may not incur a
debt payable from district revenue other than the revenue on hand
or to be on hand in the current and immediately following
district fiscal years.
(b) The board may invest operating, depreciation, or building
reserves only in funds or securities specified by Chapter 2256,
Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.161. 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 if the board declares that money is not
available to meet authorized district obligations, which creates
an emergency.
(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) Money obtained from a loan under this section may be spent
only for:
(1) a 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. 1015.201. GENERAL OBLIGATION BONDS. If authorized by an
election, the board may issue and sell general obligation bonds
in the name and on the faith and credit of the district to:
(1) purchase, construct, acquire, repair, or renovate buildings
or improvements; and
(2) equip buildings or improvements for hospital purposes.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At the
time general obligation bonds are issued by the district under
Section 1015.201, the board shall impose 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.
(b) The tax required by this section together with any other ad
valorem tax the district imposes may not in any year 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. 1015.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of district voters voting at an election
held for that purpose.
(b) The board may order a bond election.
(c) The order calling the election must specify:
(1) the nature and date of the election;
(2) the hours during which the polls will be open;
(3) the location of the polling places;
(4) the amount of the bonds to be authorized; and
(5) the maximum maturity of the bonds.
(d) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code.
(e) The board shall declare the results of the election.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.204. REVENUE BONDS. (a) The board may issue revenue
bonds to:
(1) purchase, construct, acquire, repair, renovate, or equip
buildings or improvements for hospital purposes; 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 lien on all or part of district property.
(d) The bonds must be issued in the manner provided by Sections
264.042, 264.043, and 264.046-264.049, Health and Safety Code,
for issuance of revenue bonds by a county hospital authority.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.205. REFUNDING BONDS. (a) The board may issue
refunding bonds to refund an outstanding indebtedness issued or
assumed by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bonds applied to
the payment of the indebtedness to be refunded; or
(2) exchanged wholly or partly for not less than a similar
principal amount of outstanding indebtedness.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.206. MATURITY OF BONDS. District bonds must mature
not later than 50 years after the date of issuance.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.207. EXECUTION OF BONDS. (a) The board president
shall execute district bonds in the district's name.
(b) The board secretary shall countersign the bonds in the
manner provided by Chapter 618, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.208. 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) any transaction relating to 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. 1015.251. IMPOSITION OF AD VALOREM TAX. (a) The board may
impose a tax on all property in the district subject to district
taxation.
(b) The tax may be used to meet the requirements of:
(1) district bonds;
(2) indebtedness assumed by the district; and
(3) the maintenance and operating expenses of the district.
(c) The district may not impose a tax to pay the principal of or
interest on revenue bonds issued under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.252. TAX RATE. (a) The board may impose the tax at a
rate for the initial tax year not to exceed eight cents on each
$100 valuation of taxable property.
(b) The tax rate for all purposes may not exceed 12 cents on
each $100 valuation of all taxable property in the district.
(c) In setting the tax rate, the board shall consider income of
the district from sources other than taxation.
(d) The board may decrease the tax rate or may elect not to
impose a tax.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.253. 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. 1015.301. 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 that a dissolution election be held.
(c) The board shall order an election if the board receives a
petition requesting an election that is signed by at least 10
percent of the registered voters in the district. The board
shall order the election not later than the 60th day after the
date the petition is presented to 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. 1015.302. 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 at least 35
days 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. 1015.303. BALLOT. The ballot for an election under this
subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Fairfield Hospital
District."
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.304. ELECTION RESULTS. (a) If the board finds that
the election results favor the proposition to dissolve the
district, the board shall:
(1) issue an order declaring the district be dissolved; and
(2) specify in the order the date the dissolution takes effect.
(b) If the board finds that the election results do not favor
the proposition to dissolve the district, another dissolution
election may not be held before the first anniversary of the date
of the election at which the voters disapproved the proposition.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.305. DIRECTORS IN OFFICE AFTER DISSOLUTION. The
directors in office on the date of the dissolution shall continue
in office, without further election, until:
(1) the affairs of the district are effectively concluded; and
(2) all duties or acts required of the board are completed.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.306. IMPOSITION OF TAX; TRANSFER OF DEBTS. After
issuing the dissolution order, the board shall determine the debt
owed by the district and shall:
(1) impose on property subject to taxation in the district a tax
in proportion of the debt to the property value and use the tax
revenue to pay the district's bonds or satisfy other district
debts; or
(2) transfer the district's debts to any governmental entity
assuming responsibility after dissolution of the district for
providing hospital care in the territory included in the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.307. DISPOSITION OR TRANSFER OF ASSETS AND DEBTS. (a)
The board may not dispose of or transfer the district's assets
except for due compensation unless:
(1) the debts are transferred to another governmental entity
embracing the district; and
(2) the transferred assets are used for the benefit of citizens
formerly in the district.
(b) If the board transfers the district's debts to another
governmental entity, the board shall also transfer to that
governmental entity:
(1) title to land, buildings, improvements, and equipment
related to the hospital system owned by the district; and
(2) operating money and reserves for operating expenses and
money budgeted by the district to provide medical care for
district residents for the remainder of the fiscal year in which
the district is dissolved.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.308. SPENDING RESTRICTIONS. After the effective date
of the district's dissolution, the board may not spend any money
except:
(1) as authorized by law; and
(2) as necessary to pay reasonable dissolution expenses and the
district's legal debts incurred before that date.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1015.309. 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 Freestone County summarizing the board's actions in
dissolving the district. The report must include a summary of
the district's debts.
(b) Not later than the 10th day after the date the Commissioners
Court of Freestone County receives the report, the commissioners
court shall:
(1) determine whether the board has fulfilled the requirements
of this subchapter; and
(2) if the commissioners court determines the board has
fulfilled its duties, enter an order to that effect.
(c) On entry of an order under Subsection (b)(2), the directors
are discharged from liability under their bonds.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.