CHAPTER 1037. HAMLIN HOSPITAL DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 3. HEALTH
SUBTITLE A. HOSPITAL DISTRICTS
CHAPTER 1037. HAMLIN HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1037.001. 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 Hamlin Hospital District.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.002. AUTHORITY FOR CREATION. The district is created
under the authority of Section 9, Article IX, Texas Constitution.
The district has the rights, powers, and duties conferred by
this chapter and general laws relating to hospital districts.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.003. 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. 1037.004. DISTRICT TERRITORY. The district is composed of
the territory described by Section 1, Chapter 561, Acts of the
63rd Legislature, Regular Session, 1973.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.005. 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
with the constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.006. 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.
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1037.051. BOARD ELECTION; TERM. (a) The board consists 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; and
(2) the terms of four directors expire in odd-numbered years and
the terms of three directors expire in even-numbered years.
(c) The election order must state the time, place, and purpose
of the election.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.052. NOTICE OF ELECTION. At least five 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.053. BALLOT PETITION. A person who wants to have the
person's name printed on the ballot as a candidate for director
must file with the board secretary a petition requesting that
action. The petition must be:
(1) signed by at least 10 registered voters; and
(2) filed at least 25 days before the date of the election.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.054. QUALIFICATIONS FOR OFFICE. To be eligible to
hold office as a director, a person must be a resident
property-owning taxpaying voter of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.055. 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. 1037.056. OFFICERS. (a) The board shall elect from among
its members a president, vice president, secretary, and other
officers as in the judgment of the board are necessary.
(b) The president is the chief executive officer of the district
and has the same right to vote as any other director.
(c) 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. 1037.057. COMPENSATION; EXPENSES. A director serves
without compensation but may receive actual expenses incurred in
attending to district business on approval of the expenses by the
remainder of the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.058. DISTRICT ADMINISTRATOR; ASSISTANT ADMINISTRATOR.
(a) The board shall appoint a qualified person as district
administrator.
(b) The board may appoint an assistant administrator.
(c) The district administrator and any assistant administrator
serve at the will of the board and are entitled to the
compensation determined by the board.
(d) On assuming the duties of district administrator, the
administrator shall execute a bond payable to the district in an
amount set by the board of not less than $5,000 that:
(1) is conditioned on the administrator performing the
administrator's duties; and
(2) contains other conditions the board may require.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.059. 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. 1037.060. EMPLOYEES; APPOINTMENT OF STAFF. (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 hire district employees, including technicians and
nurses.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1037.101. DISTRICT RESPONSIBILITY. The district has full
responsibility for 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. 1037.102. 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 for the area of the district or to provide medical care
for district inhabitants.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.103. 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. 1037.104. 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 or 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. 1037.105. 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. 1037.106. 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. 1037.107. 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. 1037.108. 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 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 any appeal
or writ of error.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.109. GIFTS AND ENDOWMENTS. The board may accept for
the district a gift or endowment for hospital purposes 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. 1037.110. CONSTRUCTION CONTRACTS. A construction contract
that involves the expenditure of more than $2,000 may be made
only after advertising in the manner provided by Chapter 252 and
Subchapter C, Chapter 262, Local Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.111. 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. 1037.112. 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.113. 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 for 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. 1037.114. 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. 1037.115. 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. 1037.151. 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 cash on hand in each district fund;
(3) the money received by the district from all sources during
the previous year;
(4) the money available to the district from all sources during
the ensuing year;
(5) the balances expected at the end of the year in which the
budget is being prepared;
(6) the estimated revenue and balances available to cover the
proposed budget;
(7) the estimated tax rate required; and
(8) the proposed expenditures and disbursements and the
estimated receipts and collections for the following fiscal year.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.152. 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 district resident 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. 1037.153. AMENDMENTS TO BUDGET. The annual 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. 1037.154. 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. 1037.155. AUDIT. (a) The board shall have an independent
audit made of the district's financial condition for the fiscal
year.
(b) As soon as the audit is completed, the audit shall be filed
at the district's principal office.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.156. 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. 1037.157. 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. 1037.158. 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 1037.159(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.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.159. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as otherwise provided by Section 1037.107(c) and by
Subchapter E, the board 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
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.
SUBCHAPTER E. BONDS
Sec. 1037.201. GENERAL OBLIGATION BONDS. The board may issue
and sell general obligation bonds in the name and on the faith
and credit of the district for any purpose relating to:
(1) the purchase, construction, acquisition, repair, or
renovation of buildings or improvements; and
(2) equipping buildings or improvements for hospital purposes.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1037.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At the
time general obligation bonds are issued under Section 1037.201,
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
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. 1037.203. 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. 1037.204. REVENUE BONDS. (a) The board may, without an
election, 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. 1037.205. REFUNDING BONDS. (a) The board may, without an
election, 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 bond applied to the
payment of the 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. 1037.206. 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. 1037.207. EXECUTION OF BONDS. (a) The board president
shall execute the district's 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. 1037.208. 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. 1037.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The 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. 1037.252. 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. 1037.253. TAX ASSESSOR-COLLECTOR. (a) The board shall
appoint a tax assessor-collector to assess and collect taxes
imposed by the district.
(b) The district tax assessor-collector must reside in the
district.
(c) The board shall set for the district tax assessor-collector:
(1) the term of employment; and
(2) compensation.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.