CHAPTER 1041. HIGGINS-LIPSCOMB HOSPITAL DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 3. HEALTH
SUBTITLE A. HOSPITAL DISTRICTS
CHAPTER 1041. HIGGINS-LIPSCOMB HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1041.001. 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 Higgins-Lipscomb Hospital District.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.002. AUTHORITY FOR OPERATION. The district operates
and is financed in accordance with Section 9, Article IX, Texas
Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.003. POLITICAL SUBDIVISION. The district is a
political subdivision of this state.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.004. DISTRICT TERRITORY. The district is composed of
the territory described by:
(1) Section 1, Chapter 666, Acts of the 64th Legislature,
Regular Session, 1975; and
(2) Section 1, Chapter 667, Acts of the 64th Legislature,
Regular Session, 1975.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1041.051. BOARD ELECTION; TERM. (a) The board consists of
six 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 each year; and
(2) a directors' election shall be held on the uniform election
date in May of each year.
(c) If two or more persons tie for the third-highest vote in a
directors' election, those persons shall draw lots to determine
which person is elected.
(d) A director's term begins on June 1 following the director's
election.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.052. 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. 1041.053. OFFICERS. (a) The board shall elect a
president, vice president, and secretary-treasurer from among its
members.
(b) Each officer of the board serves until the next directors'
election.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.054. COMPENSATION; EXPENSES. A director serves
without compensation but may be reimbursed for actual expenses
incurred in the performance of official duties on approval of the
expenses by the entire board.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.055. EMPLOYEES. The board may employ a general
manager, attorneys, financial advisors, bookkeepers, and
architects.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.056. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. All
district records, including books, accounts, notices, minutes,
and all other matters of the district and the operation of its
facilities, shall be:
(1) maintained at the district office; and
(2) open to public inspection at reasonable hours.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.057. SEAL. The board may adopt a seal for the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1041.101. DISTRICT RESPONSIBILITY. The district has full
responsibility for:
(1) operating all hospital facilities; and
(2) providing 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. 1041.102. RESTRICTION ON POLITICAL SUBDIVISION TAXATION AND
DEBT. (a) A political subdivision within the district, other
than the district, may not impose a tax or issue bonds or other
obligations for hospital purposes or to provide medical care for
district inhabitants.
(b) A governmental entity other than the district may not impose
a tax or issue bonds or other obligations on property in the
district for hospital purposes or to provide medical care for
needy district inhabitants.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.103. MANAGEMENT AND CONTROL. The board has full
management and control of all district business, including the
power to:
(1) negotiate and contract with any person;
(2) purchase or lease land; and
(3) construct, equip, operate, and maintain a hospital system.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.104. HOSPITAL SYSTEM. The district shall provide for
the establishment of a hospital system to provide medical and
hospital care to the district's residents.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.105. RULES. (a) The board may adopt rules governing
the operation of the district, including district facilities.
(b) On approval by the board, the rules may be published in
booklet form at district expense and made available to any
resident on request.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.106. PURCHASING AND ACCOUNTING PROCEDURES. (a) The
board may prescribe the method and manner of making purchases and
expenditures for the district.
(b) The board shall prescribe:
(1) all accounting and control procedures; and
(2) the method of purchasing necessary supplies, materials, and
equipment.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.107. EMINENT DOMAIN. (a) The district may exercise
the power of eminent domain to acquire a fee simple or other
interest in any type of property located in district territory if
the interest is necessary or convenient for the district to
exercise a right, power, privilege, or function conferred on the
district 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, 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. 1041.108. 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. 1041.109. PAYMENT FOR TREATMENT; PROCEDURES. (a) When a
patient from Lipscomb County is admitted to a district facility,
the board 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 an agent designated by the district determines that the
patient or those relatives cannot pay all or part of the costs of
the care and treatment in the hospital, the expense of that care
becomes a charge against the district.
(c) If an agent designated by the district determines that the
patient or those relatives are liable to 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's treasurer
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 district may collect the amount from the patient's
estate, or from any relative who is legally liable for the
patient's support, in the manner provided by law for the
collection of expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay, the board
shall hold a hearing and, after calling witnesses, shall resolve
the dispute.
(f) Either party to the dispute may appeal the district's
determination to the district court.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.110. AUTHORITY TO SUE AND BE SUED.The district may sue
and be sued in its own name in any court of this state.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1041.151. BUDGET. The board annually shall have a budget
prepared for the next fiscal year that includes:
(1) proposed expenditures and disbursements;
(2) estimated receipts and collections; and
(3) the amount of taxes required to be imposed for the year.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.152. PROPOSED BUDGET: NOTICE AND HEARING. (a) The
board shall hold a public hearing on the proposed budget.
(b) Notice of the hearing must be published at least once in a
newspaper of general circulation in the district not later than
the 10th day before the date of the hearing.
(c) Any district resident is entitled to:
(1) appear at the time and place designated in the notice; and
(2) be heard regarding any item included in the proposed budget.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.153. FISCAL YEAR. The district operates on a fiscal
year that begins on October 1 and ends on September 30.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.154. ANNUAL AUDIT. (a) The board annually shall have
an independent audit made of the district's books and records for
the fiscal year.
(b) Not later than December 31 of each year, the audit shall be
filed:
(1) with the comptroller; and
(2) at the district office.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.155. DEPOSITORY OR TREASURER. (a) The board by
resolution shall designate a bank or banks in the district as the
district's depository or treasurer. A designated bank serves for
two years and until a successor is designated.
(b) All income received by the district shall be deposited with
the district depository.
(c) All district money shall be secured in the manner provided
for securing county funds.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER E. BONDS
Sec. 1041.201. 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. 1041.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) 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 general obligation bonds issued under Section
1041.201.
(b) The tax required by this section together with any other ad
valorem tax the district imposes may not in any year exceed 75
cents on each $100 valuation of all taxable property in the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.203. 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.
(b) The board may order the election on its own motion.
(c) The order calling the election must specify:
(1) the location of the polling places;
(2) the presiding election officers;
(3) the purpose of the bond issuance;
(4) the amount of the bonds to be authorized; and
(5) the maximum interest rate provided by law.
(d) Notice of a bond election shall be given by publishing a
substantial copy of the order calling the election in a newspaper
of general circulation in the district once each week for two
consecutive weeks before the date of the election. The first
publication must occur at least 20 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. 1041.204. MATURITY OF GENERAL OBLIGATION BONDS. District
general obligation 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. 1041.205. 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 countersign the bonds.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.206. REFUNDING BONDS. (a) The board may, without an
election, issue refunding bonds to refund outstanding bonds
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 bonds to be refunded; or
(2) exchanged wholly or partly for not less than a similar
amount of outstanding bonds and the unpaid matured interest on
the bonds.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER F. TAXES
Sec. 1041.251. IMPOSITION OF AD VALOREM TAX. (a) On final
approval of the annual budget, 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
issued or assumed by the district for hospital purposes;
(2) provide for operation and maintenance of the hospital
system;
(3) make improvements and additions to the hospital system; and
(4) acquire necessary sites by purchase, lease, or condemnation.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.252. TAX RATE. The board may impose the tax at a rate
not to exceed 75 cents on each $100 valuation of all taxable
property in the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1041.253. TAX ASSESSOR-COLLECTOR. (a) Except as provided
by Subsection (b), the tax assessor-collector of Lipscomb County
shall assess and collect taxes imposed by the district.
(b) By majority vote the board may appoint a district tax
assessor-collector under Section 285.041, Health and Safety Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.