CHAPTER 1064. MOORE COUNTY HOSPITAL DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 3. HEALTH
SUBTITLE A. HOSPITAL DISTRICTS
CHAPTER 1064. MOORE COUNTY HOSPITAL DISTRICT
Text of effective on April 01, 2011
SUBCHAPTER A. GENERAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 1064.001. 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 Moore County Hospital District.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.002. AUTHORITY FOR OPERATION. The Moore County
Hospital 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.003. ESSENTIAL PUBLIC FUNCTION. The district performs
an essential public function in carrying out the purposes of this
chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Moore County,
Texas, unless the boundaries are expanded under Subchapter D.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.005. 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.006. 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.007. 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
SUBCHAPTER B. DISTRICT ADMINISTRATION
Text of section effective on April 01, 2011
Sec. 1064.051. DEFINITION. In this subchapter, "medical staff"
means physicians who:
(1) are licensed to practice medicine in this state; and
(2) hold medical staff privileges granted by the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.052. BOARD; TERM. (a) The board consists of seven
directors, appointed as follows:
(1) six directors appointed by the Commissioners Court of Moore
County; and
(2) one director appointed by the medical staff of the
district's hospital in accordance with procedures prescribed by
the directors appointed under Subdivision (1).
(b) The director appointed under Subsection (a)(2) must be a
member of the medical staff of the district's hospital. If the
director is no longer a member of the medical staff, the person
vacates the position.
(c) Directors appointed under Subsection (a)(1) serve staggered
three-year terms. The director appointed under Subsection (a)(2)
serves a two-year term.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.053. QUALIFICATIONS FOR OFFICE. (a) A person may not
be appointed as a director unless the person is:
(1) a district resident; and
(2) a qualified voter.
(b) Except as provided by Section 1064.052(a)(2), a person is
not eligible to serve as a director if the person is:
(1) a district administrator;
(2) a district employee; or
(3) a member of the medical staff.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.054. BOARD VACANCY. If a vacancy occurs in the office
of a director, the entity that appointed the vacating director
shall appoint a director for the unexpired term.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.055. 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.056. 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.057. VOTING REQUIREMENT. A concurrence of four
directors is sufficient in any matter relating to district
business.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.058. ADMINISTRATOR; ASSISTANT ADMINISTRATOR. (a) The
board shall appoint a qualified person as district administrator.
(b) The board may appoint an assistant administrator.
(c) The 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 $500,000 that:
(1) is conditioned on the administrator performing the
administrator's duties; and
(2) contains any other conditions the board requires.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Subject to any 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.060. APPOINTMENT OF STAFF; EMPLOYEES. (a) The board
may appoint doctors to the staff as the board considers necessary
for the efficient operation of the district and may make
temporary appointments to the staff if warranted.
(b) The board may employ physicians or other health care
providers as the board considers necessary for the efficient
operation of the district.
(c) The district may employ fiscal agents, accountants,
architects, and attorneys as the board considers proper.
(d) The board may delegate to the district administrator the
authority to employ technicians, nurses, and other district
employees, except physicians.
(e) This section does not authorize the board to supervise or
control the practice of medicine, as prohibited by Subtitle B,
Title 3, Occupations Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.061. SENIORITY; RETIREMENT BENEFITS. The board may:
(1) adopt rules related to the seniority of district employees,
including rules for a retirement plan based on seniority; and
(2) give effect to previous years of service for a district
employee continuously employed in the operation or management of
hospital facilities:
(A) constructed by the district; or
(B) acquired by the district, including facilities acquired when
the district was created.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
SUBCHAPTER C. POWERS AND DUTIES
Text of section effective on April 01, 2011
Sec. 1064.101. DISTRICT RESPONSIBILITY. The district has full
responsibility for providing hospital care for the district's
indigent residents.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.102. 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. The
board shall manage, control, and administer the hospital system
and the district's money and resources.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.104. HOSPITAL SYSTEM; ANCILLARY HEALTH CARE SERVICES
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 and treatment of the sick or
injured;
(2) facilities for outpatient clinics;
(3) dispensaries;
(4) facilities for geriatric domiciliary care;
(5) convalescent home facilities;
(6) necessary nurses' domiciliaries and training centers;
(7) blood banks;
(8) community mental health centers;
(9) research centers or laboratories; and
(10) any other facilities the board considers necessary for
hospital care.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.105. 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.106. 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.107. DISTRICT PROPERTY, FACILITIES, AND EQUIPMENT.
(a) The board shall determine 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.
(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.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.108. 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 petition for review.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.109. 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.110. CONSTRUCTION AND PURCHASE CONTRACTS. (a) A
construction or purchase contract that involves the expenditure
of more than $15,000 may be made only after advertising in the
manner provided by Subchapter B, Chapter 271, Local Government
Code.
(b) Section 271.059, Local Government Code, relating to
performance and payment bonds, applies to construction contracts
let by the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.111. OPERATING AND MANAGEMENT CONTRACTS. The board
may enter into an operating or management contract relating to a
district facility.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.112. CONTRACTS FOR CERTAIN SERVICES. The board may
contract with any state, the United States, an agency or
political subdivision of those entities, or a charitable or other
private entity inside or outside the district for the district
to:
(1) furnish a mobile emergency medical service; or
(2) provide for the investigatory or welfare needs of district
inhabitants or of persons for whom the public or private entity
has an obligation to provide care.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.113. CONTRACTS FOR HEALTH CARE. The board may
contract with any public or private entity, including a
charitable organization or a political subdivision, to provide
health care or related services inside or outside the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.114. 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
patient's 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) determine the patient's ability to pay; and
(2) issue any appropriate orders.
(f) The final order may be appealed to the district court. The
substantial evidence rule applies to the appeal.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.115. REIMBURSEMENT FOR SERVICES. (a) The board shall
require a county, municipality, or public hospital located
outside the district to reimburse the district for the district's
care and treatment of a sick or injured person of that county,
municipality, or public hospital as provided by Chapter 61,
Health and Safety Code.
(b) The board shall require the sheriff of Moore County to
reimburse the district for the district's care and treatment of a
person confined in a Moore County jail facility who is not
indigent and does not reside in the district.
(c) The board shall require the police department of a
municipality located in Moore County to reimburse the district
for the district's care and treatment of a person confined in a
jail facility of that municipality who is not indigent and does
not reside in the district.
(d) The board may contract with this or any other state, the
United States, or an agency or political subdivision of those
entities to reimburse the district for the care and treatment of
a sick or injured person.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.116. SALE OR LEASE OF HOSPITAL. (a) In this section,
"long-term lease" means a lease for a term that exceeds 10 years.
(b) The board may not sell a hospital owned and operated by the
district, including real property, or lease the hospital under a
long-term lease that relinquishes control of the hospital to the
lessee unless:
(1) the agreement for the sale or lease of the hospital provides
for indigent care in the district;
(2) in the event of a sale of the hospital, the board has
published notice of the proposed sale twice in a newspaper with
general circulation in Moore County, with the first publication
occurring not later than the 61st day before the date of the
proposed sale, and the second publication occurring not earlier
than the 30th day or later than the eighth day before the date of
the proposed sale; and
(3) the majority of the votes cast by district voters at an
election held for that purpose approve the sale or lease, as
appropriate.
(c) Notice required by Subsection (b)(2) must include the:
(1) date of the proposed sale;
(2) name and address of the proposed buyer; and
(3) proposed purchase price.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.117. AUTHORITY TO SUE AND BE SUED. (a) The district,
through the board, may sue and be sued.
(b) The district is entitled to all causes of action and
defenses to which similar authorities are entitled.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
SUBCHAPTER D. CHANGE IN BOUNDARIES
Text of section effective on April 01, 2011
Sec. 1064.151. TERRITORY THAT MAY BE ANNEXED. (a) The
district may annex territory that is not located in:
(1) Moore County;
(2) the boundaries of another hospital district; or
(3) the proposed boundaries of another hospital district
authorized by the legislature under Section 9, Article IX, Texas
Constitution.
(b) Territory may be annexed in one or more tracts. Each tract
must be contiguous to:
(1) the district; or
(2) territory proposed to be annexed to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.152. PETITION TO ANNEX TERRITORY. (a) A petition
requesting that territory be annexed to the district may be
presented to the board. The petition must:
(1) describe the tract or tracts of land to be annexed; and
(2) be signed by 100 or a majority of the registered voters who:
(A) reside in the territory to be annexed; and
(B) own property that will be subject to district taxation.
(b) This chapter does not prohibit simultaneous action on
several petitions for annexation. Each ballot proposition must
be submitted for each different territory proposed to be annexed,
and an election held in each territory represented by a petition.
(c) If the board receives two or more petitions for annexation
that include all or part of the same territory to be annexed to
the district, the petition filed first with the board shall be
considered and another petition that includes any of the same
territory has no effect.
(d) The board may consider all petitions for annexation
presented to it and may approve or reject each petition. The
board may not partly approve or partly reject any petition.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.153. ELECTION ORDER. (a) If, on receipt of a
petition under Section 1064.152, the board finds that annexing
the territory is in the district's best interest, the board shall
within 90 days of the board's finding:
(1) approve the petition; and
(2) order an election on the question of annexing the territory
to the district.
(b) The election order shall provide for a separate election:
(1) in the territory proposed to be annexed; and
(2) in the district.
(c) The election order 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 form of ballot; and
(4) the presiding judge and alternate judge for each polling
place.
(d) The election order may provide that:
(1) the entire district is one election precinct; or
(2) the county election precincts be combined for the election.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.154. BALLOT. The ballot for the election shall be
printed to permit voting for or against the proposition: "The
establishment of the Moore County Hospital District with extended
boundaries and establishment of a hospital district tax at a rate
not to exceed 75 cents on the $100 valuation on all taxable
property in the extended boundaries of the hospital district that
is subject to hospital district taxation for hospital purposes."
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.155. NOTICE OF ELECTION. (a) Notice of the election
shall be given by publishing once a week for two consecutive
weeks a substantial copy of the election order in a newspaper or
newspapers that individually or collectively have general
circulation in the county or district.
(b) The first publication must appear at least 30 days before
the date of the election.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.156. ELECTION RESULTS. (a) Territory may not be
annexed to the district unless:
(1) an election is held in accordance with this subchapter; and
(2) the annexation is approved by a majority of the voters
voting in the election in:
(A) the district; and
(B) the territory proposed to be annexed.
(b) If the territory is annexed to the district, a certified
copy of the order canvassing the returns of the election shall be
filed and recorded in the deed records.
(c) An election may not be held under this subchapter within 12
months of an election previously held under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.157. EFFECT OF ANNEXATION. (a) Territory annexed to
the district is part of the district for all purposes.
(b) The annexation of territory to the district does not change
the manner in which the board or district officers are selected.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 1064.201. 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.202. 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
budget by acting on the budget proposed by the district
administrator. The board may make any changes in the proposed
budget that, in the board's sole judgment and discretion:
(1) applicable federal and state law warrants and allows; and
(2) the interest of district residents requires in furtherance
of hospital purposes.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.203. AMENDMENTS TO BUDGET. The budget may be amended
as required by circumstances. The board must approve all
amendments.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.204. RESTRICTION ON EXPENDITURES. Money may be spent
only for an expense included in the budget or an amendment to the
budget.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.205. FISCAL YEAR. The district operates according to
a fiscal year that begins on July 1 and ends on June 30.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.206. AUDIT. (a) The district 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 office.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.207. 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.208. 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.209. DEPOSITORY. (a) The board shall select one or
more depositories for district money.
(b) District money, other than money invested as provided by
Section 1064.210(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 and shall remain on
deposit.
(c) This chapter, including Subsection (b), does not limit the
power of the board to:
(1) place a part of district money on time deposit or other
forms of deposit; or
(2) purchase certificates of deposit.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.210. SPENDING AND INVESTMENT RESTRICTIONS. (a)
Except as otherwise provided by Section 1064.107(c) and by
Subchapter F, 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 any funds or securities authorized by law,
including Chapter 2256, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
SUBCHAPTER F. BONDS
Text of section effective on April 01, 2011
Sec. 1064.251. GENERAL OBLIGATION BONDS, CERTIFICATES OF
OBLIGATION, AND OTHER FINANCING. The board may issue and sell
general obligation bonds, certificates of obligation, or any
other type of financing authorized by the laws of this state,
including that type of financing authorized by Chapter 271, Local
Government Code, 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At the
time general obligation bonds are issued under Section 1064.251,
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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.253. 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 interest rate of the bonds; and
(6) the maximum maturity of the bonds.
(c) Notice of a bond election shall be given as provided by
Section 1251.003, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.254. 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, 264.046, 264.047, 264.048, and 264.049, Health
and Safety Code, for issuance of revenue bonds by a county
hospital authority.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.255. 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 outstanding indebtedness; or
(2) exchanged wholly or partly for not less than a similar
principal amount of outstanding indebtedness.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.256. MATURITY OF BONDS. District bonds must mature
not later than 40 years after the date of issuance.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.257. 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.258. 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
SUBCHAPTER G. TAXES
Text of section effective on April 01, 2011
Sec. 1064.301. 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;
(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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.302. 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 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.303. ASSESSMENT AND COLLECTION OF TAXES IN SAME MANNER
AS COUNTY. (a) This section applies unless the board elects to
have taxes assessed and collected under Section 1064.304.
(b) District taxes shall be assessed and collected in the same
manner as provided by law for the assessment and collection of
county taxes.
(c) The tax assessor-collector shall assess and collect taxes
imposed by the district.
(d) The tax assessor-collector shall charge and deduct from
payments to the district an amount as fees for assessing and
collecting the taxes at a rate determined by the board.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 1064.304. ASSESSMENT AND COLLECTION BY DISTRICT TAX
ASSESSOR-COLLECTOR. (a) The board may elect to have district
taxes assessed and collected by a tax assessor-collector
appointed by the board. An election under this subsection must
be made before December 1 and governs the manner in which taxes
are assessed and collected, until changed by a similar
resolution.
(b) The board shall set for the district tax assessor-collector:
(1) the terms of employment;
(2) compensation; and
(3) the requirement for bond to assure the faithful performance
of the tax assessor-collector's duties.
(c) A bond required under Subsection (b)(3) must be set in an
amount of not less than $100,000.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.01, eff. April 1, 2011.