Bill Text: TX HB1969 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the McCamey County Hospital District; authorizing the issuance of bonds; authorizing the imposition of a tax.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [HB1969 Detail]
Download: Texas-2013-HB1969-Enrolled.html
H.B. No. 1969 |
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relating to the McCamey County Hospital District; authorizing the | ||
issuance of bonds; authorizing the imposition of a tax. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1058.051(b), Special District Local Laws | ||
Code, as effective April 1, 2013, is amended to read as follows: | ||
(b) Directors [ |
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four-year [ |
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expiring each odd-numbered year as appropriate. | ||
SECTION 2. Section 1058.052, Special District Local Laws | ||
Code, as effective April 1, 2013, is amended to read as follows: | ||
Sec. 1058.052. NOTICE OF ELECTION. Notice [ |
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election of directors must be published in accordance with Section | ||
4.003, Election Code, [ |
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circulation in Upton County. | ||
SECTION 3. Section 1058.053(a), Special District Local Laws | ||
Code, as effective April 1, 2013, is amended to read as follows: | ||
(a) To qualify for election to the board, a person must: | ||
(1) be at least 18 years of age; | ||
(2) have been a resident of the district for at least | ||
two years; and | ||
(3) be a qualified voter of the district [ |
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SECTION 4. Sections 1058.059(a) and (b), Special District | ||
Local Laws Code, as effective April 1, 2013, are amended to read as | ||
follows: | ||
(a) The board shall appoint a qualified person to serve | ||
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(b) [ |
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SECTION 5. The heading to Section 1058.106, Special | ||
District Local Laws Code, as effective April 1, 2013, is amended to | ||
read as follows: | ||
Sec. 1058.106. CONSTRUCTION [ |
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SECTION 6. Section 1058.106(a), Special District Local Laws | ||
Code, as effective April 1, 2013, is amended to read as follows: | ||
(a) The board, on behalf of the district, may enter into a | ||
construction contract that exceeds the amount provided by Section | ||
271.024, Local Government Code, [ |
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the manner provided by Subchapter B, Chapter 271, Local Government | ||
Code [ |
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SECTION 7. Section 1058.152(c), Special District Local Laws | ||
Code, as effective April 1, 2013, is amended to read as follows: | ||
(c) Any district resident [ |
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(1) appear at the time and place designated in the | ||
notice; and | ||
(2) be heard regarding any item included in the | ||
proposed budget. | ||
SECTION 8. Section 1058.153, Special District Local Laws | ||
Code, as effective April 1, 2013, is amended to read as follows: | ||
Sec. 1058.153. FISCAL YEAR. (a) The district's fiscal | ||
year begins on October 1 and ends on September 30, unless otherwise | ||
established by the board. | ||
(b) The fiscal year may not be changed: | ||
(1) during a period that revenue bonds of the district | ||
are outstanding; or | ||
(2) more than once in a 24-month period. | ||
SECTION 9. Sections 1058.156(a) and (b), Special District | ||
Local Laws Code, as effective April 1, 2013, are amended to read as | ||
follows: | ||
(a) The board shall designate one or more banks [ |
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(b) All district money, other than money invested in | ||
accordance with Chapter 2256, Government Code, and money | ||
transmitted to a bank for payment of bonds or obligations issued or | ||
assumed by the district, shall be immediately deposited on receipt | ||
with a depository bank[ |
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SECTION 10. Subchapter E, Chapter 1058, Special District | ||
Local Laws Code, as effective April 1, 2013, is amended by adding | ||
Sections 1058.206, 1058.207, 1058.208, and 1058.209 to read as | ||
follows: | ||
Sec. 1058.206. REVENUE BONDS. (a) The board may issue | ||
revenue bonds to: | ||
(1) purchase, construct, acquire, repair, renovate, | ||
or equip buildings and 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 hospital system, including district facilities. | ||
(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. | ||
Sec. 1058.207. REFUNDING BONDS. (a) The board may 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 indebtedness to be refunded; or | ||
(2) exchanged wholly or partly for not less than a | ||
similar principal amount of outstanding indebtedness. | ||
Sec. 1058.208. 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 | ||
1058.202 and revenue and other sources as authorized by Section | ||
1058.206. | ||
Sec. 1058.209. 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) construction costs of a project or facility to be | ||
provided through the bonds, including the payment of related | ||
professional services and expenses. | ||
SECTION 11. Section 1058.253, Special District Local Laws | ||
Code, as effective April 1, 2013, is amended to read as follows: | ||
Sec. 1058.253. [ |
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ASSESSOR-COLLECTOR. The board may: | ||
(1) appoint a tax assessor-collector for the district; | ||
or | ||
(2) contract for the assessment and collection of | ||
taxes as provided by the Tax Code [ |
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SECTION 12. Chapter 1058, Special District Local Laws Code, | ||
as effective April 1, 2013, is amended by adding Subchapter G to | ||
read as follows: | ||
SUBCHAPTER G. DISSOLUTION | ||
Sec. 1058.301. 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. | ||
Sec. 1058.302. 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 set for the election. | ||
Sec. 1058.303. BALLOT. The ballot for an election under | ||
this subchapter must be printed to permit voting for or against the | ||
proposition: "The dissolution of the McCamey County Hospital | ||
District." | ||
Sec. 1058.304. 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. | ||
Sec. 1058.305. TRANSFER OR 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 Upton | ||
County or another governmental entity in Upton 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 board 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. | ||
Sec. 1058.306. 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. | ||
Sec. 1058.307. REPORT; DISSOLUTION ORDER. (a) After the | ||
district has paid all district debts and has disposed of all | ||
district money and other assets as prescribed by this subchapter, | ||
the board shall file a written report with the Commissioners Court | ||
of Upton County summarizing the board's actions in dissolving the | ||
district. | ||
(b) Not later than the 10th day after the date the | ||
Commissioners Court of Upton County receives the report and | ||
determines that the requirements of this subchapter have been | ||
fulfilled, the commissioners court shall enter an order approving | ||
dissolution of the district and releasing the board from any | ||
further duty or obligation. | ||
SECTION 13. Sections 1058.106(b), (c), (d), (e), and (f), | ||
1058.254, and 1058.255, Special District Local Laws Code, are | ||
repealed. | ||
SECTION 14. (a) The election of the board of directors of | ||
the McCamey County Hospital District scheduled before the effective | ||
date of this Act to be held in May 2014 must be held, and the three | ||
directors elected at that election shall serve three-year terms. | ||
(b) The election of the board of directors scheduled to be | ||
held in May 2015 must be held, and the directors elected at that | ||
election shall serve four-year terms. | ||
(c) The directors elected at the elections to be held in May | ||
2017 and May 2019 shall serve four-year terms. | ||
SECTION 15. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1969 was passed by the House on April | ||
18, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1969 was passed by the Senate on May | ||
17, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |