CHAPTER 1027. FISHER COUNTY HOSPITAL DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 3. HEALTH
SUBTITLE A. HOSPITAL DISTRICTS
CHAPTER 1027. FISHER COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1027.001. 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 Fisher County Hospital District.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.002. AUTHORITY FOR OPERATION. The district operates
in accordance with Section 9, Article IX, Texas Constitution, and
has the rights, powers, and duties provided by this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.003. 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. 1027.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Fisher County,
Texas.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.005. 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 district
by resolution may provide an alternative procedure that conforms
to the constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support or 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.
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1027.051. BOARD ELECTION; TERM. (a) The board consists of
five directors elected from the district at large unless the
board changes the method for electing directors under Section
1027.052.
(b) Unless four-year terms are established under Section
285.081, Health and Safety Code:
(1) directors serve staggered two-year terms; and
(2) three directors are elected in one year and two directors
are elected the following year.
(c) An election shall be held on the uniform election date in
May of each year to elect the appropriate number of directors.
(d) The board shall announce the election results.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.052. CHANGE IN ELECTION FORMAT. (a) On its own
initiative or on receipt of a petition signed by a number of
district residents equal to at least 10 percent of the district's
registered voters, the board by order shall seek input from
district residents to determine whether to change the method of
electing directors under this chapter to one of the following
methods:
(1) four single-member districts and one at-large member;
(2) five single-member districts;
(3) four single-member districts, with each district coextensive
with a county commissioner's precinct, and one at-large member;
or
(4) cumulative voting.
(b) Not later than the 30th day after the date the board enters
the order, the board shall establish an advisory committee
composed of district residents to advise and assist the board in
making the determination required by Subsection (a). Committee
members must represent all segments of the district's population.
(c) Not later than the 60th day after the date the advisory
committee is established, the committee shall hold a public
hearing regarding the proposed change in the election format.
Not later than the 30th day after the date the public hearing is
held, the committee shall submit a recommendation to the board
that includes comments and concerns raised by district residents
regarding any proposed change in the election format.
(d) After reviewing the advisory committee recommendation, the
board may adopt an order changing the method by which directors
are elected.
(e) A change in the election format adopted by the board under
this section shall be implemented at the next general directors'
election for which the change can be implemented consistently
with the Election Code and federal law.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.053. NOTICE OF ELECTION. (a) At least 35 days before
the date of an election of directors, notice of the election
shall be published one time in a newspaper of general circulation
in the district.
(b) The election notice shall state:
(1) the purpose of the election;
(2) the date of the election; and
(3) the location of the polling places.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.054. QUALIFICATIONS FOR OFFICE. (a) A person may not
serve as a director unless the person is:
(1) a district resident; and
(2) a qualified voter.
(b) A person is not eligible to serve as a director if the
person is:
(1) the district administrator; or
(2) a district employee.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.055. 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. 1027.056. OFFICERS. (a) The board shall elect:
(1) a president and a vice president from among its members; and
(2) a secretary, who need not be a director.
(b) Each officer of the board serves for a term of one year.
(c) 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. 1027.057. 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. 1027.058. VOTING REQUIREMENT. A concurrence of three
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. 1027.059. DISTRICT ADMINISTRATOR. (a) The board shall
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) On assuming the duties of district administrator, the
administrator shall execute a bond payable to the district in an
amount set by the board that:
(1) is conditioned on the administrator performing the
administrator's duties; and
(2) contains other conditions the board may require.
(d) The cost of the bond is the responsibility of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.060. 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 affairs of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.061. 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 board shall determine the type, number, and location of
district employees required to maintain an adequate hospital
system. The board may employ fiscal agents, accountants,
architects, attorneys, and other employees the board considers
proper.
(c) The board may delegate to the district administrator the
authority to:
(1) hire district employees, including medical practitioners,
technicians, and nurses; and
(2) incur reasonable and necessary expenses relating to the
search, recruitment, and hiring of medical practitioners and
district employees, including contracting with a private entity
such as a professional recruiting service.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1027.101. DISTRICT RESPONSIBILITY AND AUTHORITY. The
district has full responsibility for:
(1) operating hospital facilities and furnishing medical and
hospital care for the district's needy residents; and
(2) providing hospital care for the district's indigent
residents.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.102. RESTRICTION ON POLITICAL SUBDIVISION TAXATION AND
DEBT. A political subdivision located within the district may
not impose a tax or issue bonds or other obligations for hospital
purposes or to provide medical care.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. (a)
The board shall manage, control, and administer the hospital
system and the district's money and resources.
(b) Unless specifically stated otherwise in this chapter, the
board has the power to do anything which, in their opinion, is
necessary for the good maintenance, operation, and welfare of the
district and the district's employees, patients, and property.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.104. HOSPITAL SYSTEM. (a) 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.
(b) The hospital system may include:
(1) facilities for domiciliary care of the sick, injured, or
geriatric;
(2) facilities for outpatient clinics;
(3) dispensaries;
(4) convalescent home facilities;
(5) necessary nurses' domiciliaries and training centers;
(6) blood banks;
(7) research centers and laboratories; and
(8) ambulance and other facilities or services 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. 1027.105. RULES. The board may adopt rules governing the
operation of the hospital, the hospital system, and the
district's staff and employees.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.106. PURCHASING AND ACCOUNTING PROCEDURES. The board
may prescribe:
(1) the method and manner of making purchases and expenditures
by and for the district; and
(2) all accounting and control procedures.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.107. PROVISION OF CERTAIN HEALTH SERVICES. In the
geographic service area designated by the board, the district may
operate or provide for:
(1) the operation of a mobile emergency medical service; and
(2) home health services, long-term care services, skilled
nursing care services, intermediate nursing care services,
assisted living services, hospice care, or other health-related
services.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.108. DISTRICT PROPERTY, FACILITIES, AND EQUIPMENT.
(a) The board shall determine the type of equipment and the
type, number, and location of buildings required to maintain an
adequate hospital system.
(b) The board may lease all or part of the district's buildings
and other facilities on terms considered to be in the best
interest of the district's inhabitants. The term of the lease
may not exceed 25 years.
(c) The district may acquire equipment for use in the district's
hospital system and mortgage or pledge the property as security
for the payment of the purchase price. A contract entered into
under this subsection must provide that the entire obligation be
retired not later than the fifth anniversary of the date of the
contract.
(d) The district may sell or otherwise dispose of any property,
including equipment, on terms the board finds are in the best
interest of the district's inhabitants. The board may not sell
or dispose of any real property unless the board affirmatively
finds that the real property is not needed for the operation of
the hospital system.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.109. 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 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, 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. 1027.110. 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 objective of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.111. CONSTRUCTION CONTRACTS. A construction contract
that involves the expenditure of more than $10,000 may be made
only after advertising in the manner provided by Chapter 252,
Local Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.112. OPERATING AND MANAGEMENT CONTRACTS. The board
may enter into an operating or management contract relating to a
district facility.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.113. CONTRACTS FOR CARE AND TREATMENT. (a) The board
may contract with a political subdivision of this state or a
public or private hospital, private corporation, partnership, or
cooperative, located inside or outside the district, for the care
and treatment of a sick or injured person of the political
subdivision.
(b) The board may contract with this state or a federal agency
for the 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. 1027.114. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
INVESTIGATORY OR OTHER SERVICES. The board may contract with a
political subdivision or governmental agency for the district to
provide investigatory or other services as to the medical,
hospital, or welfare needs of district inhabitants.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.115. PAYMENT FOR TREATMENT; PROCEDURES. (a) When a
patient who resides in the district is admitted to a district
facility, the district administrator may have an inquiry made
into the circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for the
patient's support.
(b) If the district administrator determines that the patient or
those relatives cannot pay all or part of the costs of the care
and treatment in the hospital, the amount of the costs that
cannot be paid becomes a charge against the district.
(c) If the district administrator determines that the patient or
those relatives can pay for all or part of the costs of the
patient's care and treatment, the patient or those relatives
shall be ordered to pay the district a specified amount each week
for the patient's care and support. The amount ordered must be
proportionate to the person's financial ability.
(d) The district administrator 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, or doubt in
the mind of the district administrator, the board shall hold a
hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue any appropriate orders.
(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. 1027.116. 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.
Sec. 1027.117. AUTHORITY TO PROVIDE HEALTH CARE SERVICES. (a)
In this section, "health care services" includes:
(1) home health care services;
(2) respiratory or physical therapy services;
(3) mobile emergency medical services; and
(4) clinic services.
(b) This chapter does not limit the district in providing health
care services to any ill or injured person, regardless of whether
the person is a district resident.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1027.151. BUDGET. (a) The district administrator shall
prepare an annual budget for approval by the board.
(b) The proposed budget must contain a complete financial
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. 1027.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a) The
board shall hold a public hearing on the proposed annual budget.
(b) At least 10 days before the date of the hearing, notice of
the hearing shall be published one time in a newspaper or
newspapers that individually or collectively have general
circulation in the district.
(c) Any property tax payer of the district is entitled to be
present and participate at the hearing in accordance with the
rules of decorum and procedures prescribed by the board.
(d) At the conclusion of the hearing, the board shall adopt a
final 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 and that the law warrants.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.153. AMENDMENTS TO 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. 1027.154. FISCAL YEAR. (a) The district operates on a
fiscal year established by the board.
(b) The fiscal year may not be changed 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. 1027.155. AUDIT. (a) The board shall have an independent
audit made of the district's financial condition for the fiscal
year.
(b) As soon as it is completed, the audit shall be filed at the
district's office.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.156. INSPECTION OF AUDIT AND DISTRICT RECORDS. The
audit and other district records shall be open to inspection at
the district's principal office.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.157. FINANCIAL REPORT. As soon as practicable after
the close of each fiscal year, the district administrator shall
prepare for the board:
(1) a complete sworn statement of all district money; and
(2) a complete account of the disbursements of that money.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.158. DEPOSITORY. (a) The board shall select one or
more banks inside or outside the district to serve as a
depository for district money.
(b) District money, other than money invested as provided by
Section 1027.159(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.
(c) This chapter, including Subsection (b), does not limit the
power of the board to place a part of district money on time
deposit or to purchase certificates of deposit.
(d) 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 first executes 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. 1027.159. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as otherwise provided by Section 1027.108(c) and by
Subchapter E, the district may not incur an obligation payable
from district revenue other than the revenue on hand or to be on
hand in the current and following district fiscal years.
(b) The board may invest operating, depreciation, or building
fund 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. 1027.160. 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) district taxes to be imposed by the district during the
12-month period following the date of the pledge that are not
pledged to pay the principal of or interest on district bonds; or
(3) district bonds that have been authorized but not sold.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER E. BONDS
Sec. 1027.201. 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 designed to provide,
improve, or expand the district's health care services,
including:
(1) the purchase, construction, acquisition, repair, or
renovation of buildings or improvements;
(2) equipping buildings or improvements for hospital purposes;
and
(3) the acquisition and operation of a mobile emergency medical
service.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At the
time general obligation bonds are issued by the district under
Section 1027.201, 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 tax
the district imposes may not in any year exceed the tax rate
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. 1027.203. 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) The order calling the election shall provide for clerks as
in county elections and must specify:
(1) the date of the election;
(2) the location of the polling places;
(3) the presiding and alternate election judges for each polling
place;
(4) the amount of the bonds to be authorized;
(5) the maximum maturity of the bonds; and
(6) the maximum interest rate of the bonds.
(c) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.204. 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 hospitals.
(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 and in accordance
with the procedures and requirements prescribed 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. 1027.205. REFUNDING BONDS. (a) The board may issue
refunding bonds to refund 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 outstanding indebtedness; 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. 1027.206. 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. 1027.207. 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. 1027.208. 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) 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. 1027.251. IMPOSITION OF AD VALOREM TAX. (a) The board
annually shall impose a tax on all property in the district
subject to district taxation.
(b) The board shall impose the tax to:
(1) pay the interest on and create a sinking fund for bonds and
other obligations issued or assumed by the district for hospital
purposes;
(2) provide for the operation and maintenance of the district
and hospital system, based on the final budget;
(3) make improvements and additions to the hospital system; and
(4) acquire necessary sites for the hospital system by purchase,
lease, or condemnation.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.252. 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 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. 1027.253. 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. 1027.301. DISSOLUTION; ELECTION. (a) The district may be
dissolved and its assets and obligations sold or transferred to
another person 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 at least 300
registered district voters according to the most recent official
list of registered voters.
(c-1) The election shall be called 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.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 21.014, eff. September 1, 2009.
Sec. 1027.302. 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. 1027.303. BALLOT. The ballot for an election under this
subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Fisher County Hospital
District and the _________ (transfer or sale, as appropriate) of
its assets and liabilities in the following manner: _________."
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.304. ELECTION RESULTS. (a) If the board finds the
election results favor the proposition to dissolve the district,
the board shall:
(1) issue an order declaring the district dissolved; and
(2) proceed with the sale or transfer of the district's assets
and liabilities according to the plan proposed on the ballot.
(b) If the board finds the election results do not favor the
proposition to dissolve the district, the board shall continue to
administer the district and another dissolution election may not
be held before the first anniversary of the date of the election
in which voters disapproved the proposition.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1027.305. SALE OR TRANSFER OF ASSETS AND LIABILITIES. (a)
The district may not be dissolved unless the board provides for
the sale or transfer of the district's assets and liabilities to
another person.
(b) The dissolution of the district and the sale or transfer of
the district's assets or liabilities may not:
(1) contravene a trust indenture or bond resolution relating to
the district's outstanding bonds; or
(2) diminish or impair the rights of a holder of an outstanding
bond, warrant, or other obligation of the district.
(c) 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 district
residents, including the residents' collective property rights in
the district's assets.
(d) The district may transfer or sell the district's assets only
for due compensation, unless the transfer or sale is made to
another governmental agency serving the district and using the
transferred or purchased assets for the benefit of the residents
formerly in the district.
(e) A grant from federal funds is an obligation to be repaid in
full.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.