CHAPTER 1052. LOCKNEY GENERAL HOSPITAL DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 3. HEALTH
SUBTITLE A. HOSPITAL DISTRICTS
CHAPTER 1052. LOCKNEY GENERAL HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1052.001. 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 Lockney General Hospital District.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1052.002. 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. 1052.003. 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. 1052.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of County
Commissioners Precinct No. 2 of Floyd County as those boundaries
existed on January 1, 1973.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1052.005. 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. 1052.006. 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. 1052.051. BOARD ELECTION; TERM. (a) The board consists of
five 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 three directors expire in odd-numbered years
and the terms of two directors expire in even-numbered years.
(c) The election order must state the time, place, and purpose
of the election.
(d) A director may not serve more than three successive terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1052.052. NOTICE OF ELECTION. Notice of an election of
directors shall be published in a newspaper of general
circulation in the area of the district in accordance with
Section 4.003, Election Code.
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.
1074, Sec. 1, eff. June 19, 2009.
Sec. 1052.054. QUALIFICATIONS FOR OFFICE. (a) A person may not
be elected or appointed 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 a district employee.
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.
1074, Sec. 2, eff. June 19, 2009.
Sec. 1052.055. 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. 1052.056. 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) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1074, Sec. 8,
eff. June 19, 2009.
(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.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1074, Sec. 8, eff. June 19, 2009.
Sec. 1052.057. 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. 1052.058. 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. 1052.059. 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. 1052.060. 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.
Sec. 1052.061. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. (a)
The board may spend district money, enter into agreements, and
take other necessary action to recruit physicians and other
persons to serve as medical staff members or district employees,
including:
(1) advertising and marketing;
(2) paying travel, recruitment, and relocation expenses; and
(3) providing a loan or scholarship to a physician or a person
who:
(A) is currently enrolled in health care education courses at an
institution of higher education; and
(B) contractually agrees to become a district employee or
medical staff member.
(b) The board may spend district money, enter into agreements,
and take other necessary action to pay tuition or other expenses
of a full-time medical student or other student who:
(1) is currently enrolled and in good standing in a medical
school or another health care program at an institution of higher
education; and
(2) contractually agrees to become a district employee or
independent contractor for the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1074, Sec. 4, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1052.101. 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. 1052.102. 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. 1052.103. 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. 1052.104. 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) ambulances 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. 1052.105. 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. 1052.106. 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. 1052.107. 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. 1052.108. 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 an appeal
or writ of error.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
Sec. 1052.109. 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. 1052.110. CONSTRUCTION CONTRACTS. A construction contract
that involves the expenditure of more than the amount provided by
Section 271.024, Local Government Code, may be made only after
competitive bidding in the manner 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.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1074, Sec. 3, eff. June 19, 2009.
Sec. 1052.111. 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. 1052.112. 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. 1052.113. 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. 1052.114. 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. 1052.115. 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. 1052.151. 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. 1052.152. 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.
(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. 1052.153. 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. 1052.154. 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. 1052.155. 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. 1052.156. 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. 1052.157. 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. 1052.158. 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 1052.159(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. 1052.159. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as otherwise provided by Section 1052.107(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
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. 1052.160. GENERAL 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 in the next
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) a district bond that has 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 2009, 81st Leg., R.S., Ch.
1074, Sec. 5, eff. June 19, 2009.
SUBCHAPTER E. BONDS
Sec. 1052.201. 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. 1052.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At the
time general obligation bonds are issued by the district under
Section 1052.201, 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. 1052.203. 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.
(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. 1052.204. 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. 1052.205. 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. 1052.206. 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. 1052.207. 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. 1052.208. 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.
Sec. 1052.209. ADDITIONAL MEANS OF SECURING REPAYMENT OF BONDS.
In addition to the authority to issue general obligation bonds
and revenue bonds under this subchapter, the board may provide
for the security and payment of district bonds from a pledge of a
combination of ad valorem taxes as authorized by Section 1052.202
and revenue and other sources authorized by Section 1052.204.
Added by Acts 2009, 81st Leg., R.S., Ch.
1074, Sec. 6, eff. June 19, 2009.
Sec. 1052.210. USE OF BOND PROCEEDS. The district may use the
proceeds of bonds issued under this subchapter to pay:
(1) any expense the board determines is reasonable and necessary
to issue, sell, and deliver the bonds;
(2) interest payments on the bonds during a period of
acquisition or construction of a project or facility to be
provided through the bonds, not to exceed five years;
(3) costs related to the operation and maintenance of a project
or facility to be provided through the bonds:
(A) during an estimated period of acquisition or construction,
not to exceed five years; and
(B) for one year after the project or facility is acquired or
constructed;
(4) costs related to the financing of the bond funds, including
debt service reserve and contingency funds;
(5) costs related to the bond issuance;
(6) costs related to the acquisition of land or interests in
land for a project or facility to be provided through the bonds;
and
(7) costs of construction of a project or facility to be
provided through the bonds, including the payment of related
professional services and expenses.
Added by Acts 2009, 81st Leg., R.S., Ch.
1074, Sec. 6, eff. June 19, 2009.
SUBCHAPTER F. TAXES
Sec. 1052.251. 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. 1052.252. 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. 1052.253. 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 is not required to
reside in the district.
(c) The board shall set for the district tax assessor-collector:
(1) the terms of employment; and
(2) compensation.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.02, eff. April 1, 2009.
SUBCHAPTER G. DISSOLUTION
Sec. 1052.301. 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 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 15
percent of the registered voters in 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 2009, 81st Leg., R.S., Ch.
1074, Sec. 7, eff. June 19, 2009.
Sec. 1052.302. 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 not later
than the 35th day before the date of the election.
Added by Acts 2009, 81st Leg., R.S., Ch.
1074, Sec. 7, eff. June 19, 2009.
Sec. 1052.303. BALLOT. The ballot for an election under this
subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Lockney General Hospital
District."
Added by Acts 2009, 81st Leg., R.S., Ch.
1074, Sec. 7, eff. June 19, 2009.
Sec. 1052.304. ELECTION RESULTS. (a) If a majority of the
votes in an election under this subchapter favor dissolution, the
board shall find that the district is dissolved.
(b) If a majority of the votes in the election do not favor
dissolution, the board shall continue to administer the district
and another election on the question of dissolution may not be
held before the first anniversary of the date of the most recent
election on the question of dissolution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1074, Sec. 7, eff. June 19, 2009.
Sec. 1052.305. TRANSFER OF ADMINISTRATION OF ASSETS. (a) If a
majority of the votes in the election held under this subchapter
favor dissolution, the board shall:
(1) transfer the land, buildings, improvements, equipment, and
other assets that belong to the district to Floyd County or
another governmental entity in Floyd County; or
(2) administer the property, assets, and debts until all money
has been disposed of and all district debts have been paid or
settled.
(b) If the district makes the transfer under Subsection (a)(1),
the county or entity assumes all debts and obligations of the
district at the time of the transfer, and the district is
dissolved.
(c) If Subsection (a)(1) does not apply and the board
administers the property, assets, and debts of the district under
Subsection (a)(2), the district is dissolved when all money has
been disposed of and all district debts have been paid or
settled.
Added by Acts 2009, 81st Leg., R.S., Ch.
1074, Sec. 7, eff. June 19, 2009.
Sec. 1052.306. IMPOSITION OF TAX AND RETURN OF SURPLUS TAXES.
(a) After the board finds that the district is dissolved, the
board shall:
(1) determine the debt owed by the district; and
(2) impose on the property included in the district's tax rolls
a tax that is in proportion of the debt to the property value.
(b) On the payment of all outstanding debts and obligations of
the district, the board shall order the secretary to return to
each district taxpayer the taxpayer's pro rata share of all
unused tax money.
(c) A taxpayer may request that the taxpayer's share of surplus
tax money be credited to the taxpayer's county taxes. If a
taxpayer requests the credit, the board shall direct the
secretary to transmit the money to the county tax
assessor-collector.
Added by Acts 2009, 81st Leg., R.S., Ch.
1074, Sec. 7, eff. June 19, 2009.
Sec. 1052.307. REPORT; DISSOLUTION ORDER. (a) After the
district has paid all its debts and has disposed of all its money
and other assets as prescribed by this subchapter, the board
shall file a written report with the Commissioners Court of Floyd
County summarizing the board's actions in dissolving the
district.
(b) Not later than the 10th day after the date the Commissioners
Court of Floyd County receives the report and determines that the
requirements of this subchapter have been fulfilled, the
commissioners court shall enter an order dissolving the district
and releasing the board from any further duty or obligation.
Added by Acts 2009, 81st Leg., R.S., Ch.
1074, Sec. 7, eff. June 19, 2009.