CHAPTER 1049. KIMBLE COUNTY HOSPITAL DISTRICT OF KIMBLE COUNTY, TEXAS
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 3. HEALTH
SUBTITLE A. HOSPITAL DISTRICTS
CHAPTER 1049. KIMBLE COUNTY HOSPITAL DISTRICT OF KIMBLE COUNTY,
TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1049.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "Commissioners court" means the Commissioners Court of
Kimble County.
(3) "Director" means a member of the board.
(4) "District" means the Kimble County Hospital District of
Kimble County, Texas.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.002. AUTHORITY FOR CREATION. The district is created
under the authority of Section 9, Article IX, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.003. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Kimble County.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
OBLIGATION. The support and maintenance of the district's
hospital system and any indebtedness incurred by the district
under this chapter may not become a charge against or obligation
of this state.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.005. 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. 1049.051. BOARD ELECTION; TERM. (a) The board consists of
seven directors elected from the district at large.
(b) Directors serve staggered three-year terms.
(c) An election shall be held each year on the May uniform
election day prescribed by Section 41.001, Election Code, 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. 1049.052. QUALIFICATIONS FOR OFFICE. To qualify for
election to the board, a person must:
(1) be at least 18 years of age;
(2) have been a district resident for at least two years; and
(3) be a qualified property tax paying voter of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.053. BOND; RECORD OF BOND AND OATH OR AFFIRMATION OF
OFFICE. (a) Each director shall qualify for office by executing
a good and sufficient commercial bond for $1,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the director's
duties.
(b) The district shall pay for a director's bond.
(c) Each director's bond and constitutional oath or affirmation
of office shall be deposited with the district's depository for
safekeeping.
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. 21.018, eff. September 1, 2009.
Sec. 1049.054. BOARD VACANCY. If a vacancy occurs in the office
of director, a majority of the 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. 1049.055. OFFICERS. The board shall elect from among its
members a president, a secretary, and a treasurer at the first
meeting after each director's election.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.056. COMPENSATION; EXPENSES. A director serves
without compensation but is entitled to reimbursement for
necessary expenses incurred in the performance of official
duties.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.057. DISTRICT ADMINISTRATOR. (a) The board may
employ a district administrator to manage the operations of the
hospital system.
(b) The district administrator may employ necessary personnel to
perform the services provided by the hospital system.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.058. EMPLOYEES. The board may employ an attorney, a
general manager, a bookkeeper, an architect, and other employees
necessary for the efficient operation of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.059. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. The
board shall:
(1) maintain all district records, including books, accounts,
notices, minutes, and other matters of the district and its
operation, at the district office; and
(2) make those records available for public inspection at
reasonable times.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1049.101. DISTRICT RESPONSIBILITY. The district shall
provide all necessary hospital and medical 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. 1049.102. RESTRICTION ON POLITICAL SUBDIVISION TAXATION AND
DEBT. A political subdivision of this state, other than the
district, may not impose a tax or issue bonds or other
obligations to provide hospital service or medical care in the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.103. MANAGEMENT AND CONTROL OF DISTRICT. The board
has full power to manage and control the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.104. HOSPITAL SYSTEM. The district has the
responsibility to establish a hospital or hospital system within
its boundaries to provide hospital and medical care to the
district's residents.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.105. RULES. (a) The board shall adopt rules for the
efficient operation of the district, including district
facilities.
(b) The board shall:
(1) publish the rules in book form; and
(2) provide copies to interested persons on request at district
expense.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.106. PURCHASING AND ACCOUNTING PROCEDURES. The board
may prescribe the method of making purchases and expenditures and
the manner of accounting and control used by the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.107. EMINENT DOMAIN. (a) The district may exercise
the power of eminent domain to acquire a fee simple or other
interest in real, personal, or mixed property located in district
territory if the interest is necessary or convenient for the
district to exercise a power or duty 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; or
(2) 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. 1049.108. GIFTS AND ENDOWMENTS. The board may accept for
the district a gift or endowment to be held in trust and
administered by the board under the directions, limitations, or
other provisions prescribed in writing by the donor that are not
inconsistent 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. 1049.109. CONTRACTS FOR HEALTH CARE. The board may
contract with any public or private entity, including a
charitable organization, the federal government, this state, or
any political subdivision, to provide health care or related
services inside or outside the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) A person
who resides in the district is entitled to receive necessary
medical and hospital care regardless of whether the person has
the ability to pay for the care and may apply to receive this
care without cost.
(b) The board or the district administrator shall employ a
person to investigate the ability of the patient and any relative
who is liable for the patient's support to pay for the medical
and hospital care received by the patient.
(c) If the investigator determines that the patient or relative
legally liable for the patient's support cannot pay all or part
of the costs of the patient's care, the expense of the care
becomes a charge against the district.
(d) If the patient or a relative legally liable for the
patient's support can pay for all or part of the costs of the
patient's care, the board shall:
(1) order the patient or relative to pay the district each week
an amount specified in the order, which must be proportionate to
the person's ability to pay; and
(2) send a billing statement charging that amount to the person.
(e) The district may collect the amount from the patient's
estate, or from any relative who is 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.
(f) If there is a dispute as to the ability to pay, or doubt in
the mind of the investigator, the board shall hold a hearing and,
after calling witnesses, shall:
(1) determine the question; and
(2) make the proper order based on the board's findings.
(g) A party to the hearing who is not satisfied with the result
of the order may appeal to the district court. The appeal is de
novo.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1049.151. BUDGET. The board shall prepare a budget that
includes:
(1) proposed expenditures and disbursements;
(2) estimated receipts and collections for the next fiscal year;
and
(3) the amount of taxes required to be imposed to meet the
proposed budget.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.152. 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 11th day before the date of the hearing.
(c) Any person is entitled to:
(1) appear at the hearing; and
(2) be heard regarding any item in the proposed budget.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.153. FISCAL YEAR. The district's fiscal year is from
October 1 to September 30.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.154. ANNUAL AUDIT. (a) The board annually shall
require an independent audit of the district's books and records.
(b) Not later than December 1 of each year, the board shall file
a copy of the audit with:
(1) the comptroller; and
(2) the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.155. DEPOSITORY. (a) The board by resolution shall
designate a bank in Kimble County as the district's depository.
A designated bank serves for two years and until a successor is
designated.
(b) All district money shall be deposited in the depository and
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.
Sec. 1049.156. AUTHORITY TO BORROW MONEY; SECURITY. (a) The
board may borrow money at a rate not to exceed the maximum annual
percentage rate allowed by law for district obligations at the
time the loan is made.
(b) To secure a loan, the board may pledge:
(1) district revenue that is not pledged to pay the district's
bonded indebtedness;
(2) a district tax to be imposed by the district during the
12-month period following the date of the pledge that is not
pledged to pay the principal of or interest on district bonds; or
(3) district bonds that have been authorized but not sold.
(c) A loan for which taxes or bonds are pledged must mature not
later than the first anniversary of the date the loan is made. A
loan for which district revenue is pledged must mature not later
than the fifth anniversary of the date the loan is made.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER E. BONDS
Sec. 1049.201. BONDS. The district may issue bonds to:
(1) purchase, construct, acquire, repair, or renovate buildings
and improvements; and
(2) equip buildings for hospital purposes.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.202. TAX TO PAY BONDS. The board may issue bonds
under Section 1049.201 only if the board imposes 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.203. BOND ELECTION. (a) The board may issue bonds
under Section 1049.201 only if the bonds are authorized by a
majority of district voters voting in an election held for that
purpose. The total face value of the bonds may not exceed the
amount specified in the election order.
(b) The board may order a bond election at any time.
(c) The order calling the election must include:
(1) the time of the election;
(2) the location of the polling places;
(3) the form of the ballots;
(4) the presiding judge for each polling place;
(5) the purpose of the bond issuance;
(6) the amount of the bonds to be authorized;
(7) the maximum interest rate of the bonds; and
(8) the maximum maturity date of the bonds.
(d) A substantial copy of the election order shall be published
in a newspaper of general circulation in the district once a week
for two consecutive weeks before the date of the election. The
first notice must be published not later than the 15th day before
the date of the election.
(e) A copy of the election results must be filed with the county
clerk and become a public record.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.204. 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. 1049.205. 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.206. REVENUE BONDS. (a) The board may issue and sell
revenue bonds in the name and on the faith and credit of the
district to purchase, construct, acquire, repair, renovate, or
equip buildings or improvements for district purposes.
(b) The bonds must be payable from and secured by a pledge of
all or part of the revenue derived from the operation of the
district's hospital system.
(c) The bonds may be additionally secured by a mortgage or deed
of trust on all or part of 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 the 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.
SUBCHAPTER F. TAXES
Sec. 1049.251. IMPOSITION OF AD VALOREM TAX. (a) The board
shall impose a tax on all property in the district subject to
district taxation.
(b) The tax may be used only to:
(1) pay the interest on and create a sinking fund for bonds
issued under this chapter;
(2) provide for the operation and maintenance of the district
and hospital system;
(3) make improvements and additions to the hospital system; or
(4) acquire sites for additions to the hospital system.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.252. 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. 1049.253. TAX ASSESSOR-COLLECTOR. (a) The tax
assessor-collector for Kimble County shall collect taxes for the
district.
(b) The tax assessor-collector is entitled to a reasonable fee
that is agreed to by the district as compensation for the
person's services.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER G. DISSOLUTION
Sec. 1049.301. DISSOLUTION; ELECTION. (a) The district may be
dissolved on approval of a majority of the district voters voting
in an election held for that purpose.
(b) The commissioners court may order an election to dissolve
the district on its own order recorded in the minutes. The
commissioners court shall order the election if the commissioners
court receives a petition from 50 district voters.
(c) The order calling the election must specify:
(1) the location of the polling places;
(2) the form of the ballots; and
(3) the presiding judge for each polling place.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.302. NOTICE OF ELECTION. (a) The commissioners court
shall publish a substantial copy of the election order in a
newspaper of general circulation in the district once a week for
two consecutive weeks before the date of an election under this
subchapter.
(b) The first notice must be published not later than the 15th
day before the date of the election.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.303. BALLOT. The ballot for an election under this
subchapter must be printed to permit voting for or against the
proposition: "The Dissolution of Kimble County Hospital District
of Kimble County, Texas."
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.304. ELECTION RESULTS. (a) If a majority of the
votes in an election under this subchapter favor dissolution, the
commissioners court shall, within 10 days after the date the
results are filed, declare the results and order the district
dissolved. A copy of the order shall be placed in the minutes of
the court, and a copy shall be sent to the board.
(b) If a majority of the votes are against dissolution, this
does not prevent the holding of other dissolution elections after
the passage of one year.
(c) A copy of the election results must be filed with the county
clerk and become a public record.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1049.305. AUDIT; TRANSFER OF ASSETS AND LIABILITIES. (a)
Within 30 days after the election results are filed under Section
1049.304, the commissioners court shall employ an independent
audit of the dissolved district's assets and liabilities.
(b) Within 10 days after the audit is completed, the
commissioners court shall:
(1) publish a copy of the audit in a newspaper of general
circulation in the district; and
(2) by declaration:
(A) formally transfer the assets of the dissolved district to
Kimble County; and
(B) formally declare the county liable for all debts and
liabilities incurred by the dissolved district.
(c) The declarations shall be published in a newspaper of
general circulation within 10 days after the declarations are
made.
(d) Any assets transferred to Kimble County shall be used to
benefit the citizens formerly in the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.