Bill Text: TX HB2688 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the Dallam-Hartley Counties Hospital District, the Ector County Hospital District, and the Seminole Hospital District of Gaines County, Texas.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - See remarks for effective date [HB2688 Detail]
Download: Texas-2013-HB2688-Enrolled.html
H.B. No. 2688 |
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relating to the Dallam-Hartley Counties Hospital District, the | ||
Ector County Hospital District, and the Seminole Hospital District | ||
of Gaines County, Texas. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1018.155(b), Special District Local Laws | ||
Code, is amended to read as follows: | ||
(b) The fiscal year may not be changed[ |
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SECTION 2. Section 1024.053, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 1024.053. BALLOT PETITION. A person who wants to have | ||
the person's name printed on the ballot as a candidate for director | ||
must file with the board secretary a petition requesting that | ||
action. The petition must: | ||
(1) be signed by at least 50 registered voters of the | ||
district as determined by the most recent official list of | ||
registered voters; | ||
(2) be filed not later than 5 p.m. on the same [ |
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day that an application for a place on the ballot must be filed | ||
under Section 144.005, Election Code [ |
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(3) specify the single-member district [ |
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SECTION 3. Section 1094.051, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 1094.051. BOARD ELECTION; TERM. (a) The board | ||
consists of four directors elected from single-member districts and | ||
three [ |
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(b) Directors [ |
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three-year [ |
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SECTION 4. Section 1094.052, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 1094.052. NOTICE OF ELECTION. Notice [ |
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Election Code, [ |
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Gaines County. | ||
SECTION 5. Section 1094.053, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 1094.053. BALLOT APPLICATION [ |
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wants to have the person's name printed on the ballot as a candidate | ||
for director must file with the board secretary an application in | ||
accordance with Chapter 144, Election Code [ |
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SECTION 6. Section 1094.103, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 1094.103. OVERSIGHT AND [ |
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resources. | ||
SECTION 7. Section 1094.110, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 1094.110. CONSTRUCTION [ |
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construction [ |
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of more than the amount provided by Section 271.024, Local | ||
Government Code, [ |
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manner provided by Subchapter B, Chapter 271 [ |
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SECTION 8. Sections 1094.202(c) and (d), Special District | ||
Local Laws Code, are amended to read as follows: | ||
(c) Any resident [ |
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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 the board judges to be in the interest of the residents | ||
of the district [ |
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SECTION 9. Section 1094.205, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 1094.205. FISCAL YEAR. (a) The district operates | ||
according to a fiscal year that begins on October 1 and ends on | ||
September 30, or as established by the board. | ||
(b) The fiscal year may not be changed if revenue bonds of | ||
the district are outstanding or more than once in a 24-month period. | ||
SECTION 10. Section 1094.209(a), Special District Local | ||
Laws Code, is amended to read as follows: | ||
(a) The board shall select one or more banks [ |
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SECTION 11. Section 1094.253(b), Special District Local | ||
Laws Code, is amended to read as follows: | ||
(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; and | ||
(5) the maximum maturity [ |
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SECTION 12. Section 1094.254, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 1094.254. MATURITY OF GENERAL OBLIGATION BONDS. | ||
District general obligation bonds must mature not later than the | ||
maximum maturity stated in the order calling the election [ |
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SECTION 13. Subchapter F, Chapter 1094, Special District | ||
Local Laws Code, is amended by adding Section 1094.259 to read as | ||
follows: | ||
Sec. 1094.259. 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 | ||
1094.252 and revenue and other sources as authorized by Section | ||
1094.256. | ||
SECTION 14. Subchapter F, Chapter 1094, Special District | ||
Local Laws Code, is amended by adding Section 1094.260 to read as | ||
follows: | ||
Sec. 1094.260. 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 physical 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 issuance of the bonds; | ||
(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. | ||
SECTION 15. Section 1094.303, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 1094.303. ASSESSMENT AND COLLECTION OF TAXES [ |
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appointment of a tax assessor-collector for the district or may | ||
contract for the assessment and collection of taxes as provided by | ||
the Tax Code. [ |
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SECTION 16. Chapter 1094, Special District Local Laws Code, | ||
is amended by adding Subchapter H to read as follows: | ||
SUBCHAPTER H. DISSOLUTION | ||
Sec. 1094.401. 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 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. 1094.402. 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. 1094.403. BALLOT. The ballot for an election under | ||
this subchapter must be printed to permit voting for or against the | ||
proposition: "The dissolution of the Seminole Hospital District of | ||
Gaines County, Texas." | ||
Sec. 1094.404. 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 | ||
to dissolve the district. | ||
Sec. 1094.405. 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 Gaines | ||
County or another governmental entity in Gaines 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. | ||
Sec. 1094.406. 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. 1094.407. 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 Gaines County summarizing the board's actions in dissolving the | ||
district. | ||
(b) Not later than the 10th day after the date the | ||
Commissioners Court of Gaines 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. | ||
SECTION 17. (a) The election of the board of directors of | ||
the Seminole Hospital District of Gaines County, Texas, scheduled | ||
to be held in 2014 must be held. The directors elected to places 3 | ||
and 4 at the election shall serve two-year terms. A director | ||
elected to an at-large position on the board at the election held in | ||
2014 shall serve a three-year term. | ||
(b) The election of the board of directors scheduled to be | ||
held in 2015 must be held, and all directors elected at that | ||
election shall serve three-year terms. | ||
(c) The directors elected at the elections to be held in | ||
2016, 2017, and 2018 shall serve three-year terms. | ||
SECTION 18. (a) Except as provided by Subsection (b) of | ||
this section: | ||
(1) 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; and | ||
(2) if this Act does not receive the vote necessary for | ||
immediate effect, this Act takes effect September 1, 2013. | ||
(b) Section 1094.051, Special District Local Laws Code, as | ||
amended by this Act, takes effect January 1, 2014. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2688 was passed by the House on May 2, | ||
2013, by the following vote: Yeas 147, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2688 on May 22, 2013, by the following vote: Yeas 148, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2688 was passed by the Senate, with | ||
amendments, on May 20, 2013, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |