Bill Text: TX HB3191 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the elections and operations of certain hospital districts.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB3191 Detail]
Download: Texas-2023-HB3191-Introduced.html
Bill Title: Relating to the elections and operations of certain hospital districts.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB3191 Detail]
Download: Texas-2023-HB3191-Introduced.html
88R7186 SRA-F | ||
By: Spiller | H.B. No. 3191 |
|
||
|
||
relating to the elections and operations of certain hospital | ||
districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter G, Chapter 285, Health and Safety | ||
Code, is amended by adding Section 285.082 to read as follows: | ||
Sec. 285.082. RESIGNATION OF TERM. (a) A member of the | ||
governing board of a hospital district is considered to have | ||
resigned the member's position if the member is absent from five or | ||
more regularly scheduled board meetings that the member is eligible | ||
to attend in any 12-month period without an excuse approved by a | ||
majority vote of the board. | ||
(b) A resignation under Subsection (a) is effective on the | ||
date of the fifth regularly scheduled board meeting at which the | ||
member is absent without an excuse approved by the board. | ||
(c) The validity of an action of the board is not affected by | ||
the fact that the action is taken during a period in which a board | ||
member is considered to have resigned under Subsection (a). | ||
SECTION 2. Section 286.022(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) The petition may provide: | ||
(1) the number of directors for the district, which | ||
number must be an odd number; [ |
||
(2) the method by which directors are to be elected, | ||
whether at large, by place, or by a combination of both, so that a | ||
specific number of directors are elected from each commissioner | ||
precinct and a specific number are elected at large; and | ||
(3) whether directors will be elected to serve | ||
two-year or four-year terms. | ||
SECTION 3. Section 286.025(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The commissioners court shall give notice of the | ||
election by publishing a substantial copy of the election order in a | ||
newspaper with general circulation in the proposed district in | ||
accordance with Section 4.003, Election Code [ |
||
SECTION 4. Section 286.041, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 286.041. BOARD OF DIRECTORS. The directors shall be | ||
elected at large, by place, or by a combination of both, in | ||
accordance with the petition prescribed by Section 286.021. | ||
SECTION 5. Section 286.042, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 286.042. DIRECTOR'S ELECTION. (a) The initial | ||
directors shall be elected at an election to be held on the uniform | ||
election date [ |
||
district. | ||
(b) If the directors are elected at large for two-year | ||
terms: | ||
(1) the appropriate number of candidates receiving the | ||
highest number of votes at the initial election of directors are | ||
directors for the district; | ||
(2) the number of directors equal to a majority of the | ||
directors who receive the highest number of votes at the initial | ||
election serve for a term of two years; and | ||
(3) the remaining directors serve for a term of one | ||
year. | ||
(c) If the directors are elected by place for two-year | ||
terms: | ||
(1) the candidate for a place receiving the highest | ||
number of votes for election to that place is a director for the | ||
district; | ||
(2) a director elected to fill an even-numbered place | ||
at the initial election serves for a term of one year; and | ||
(3) a director elected to fill an odd-numbered place | ||
at the initial election serves for a term of two years. | ||
(d) If the directors are elected from commissioners | ||
precincts and at large for two-year terms: | ||
(1) the number of candidates equal to the number of | ||
directors to be elected from each precinct who receive the highest | ||
number of votes from a commissioner precinct are directors for that | ||
precinct; | ||
(2) the number of candidates equal to the number of | ||
directors to be elected at large who receive the highest number of | ||
votes from the district at large are directors for the district at | ||
large; | ||
(3) a candidate elected from an odd-numbered precinct | ||
at the initial election serves for a term of two years; | ||
(4) a candidate elected from an even-numbered precinct | ||
at the initial election serves for a term of one year; | ||
(5) a candidate elected as the director from the | ||
district at large at the initial election serves for a term of two | ||
years; and | ||
(6) if more than one director is elected at large, half | ||
of the directors elected serve two-year terms, and the other half | ||
serve one-year terms. | ||
(d-1) If the directors are elected at large for four-year | ||
terms: | ||
(1) the appropriate number of candidates receiving the | ||
highest number of votes at the initial election of directors are | ||
directors for the district; | ||
(2) the number of directors equal to a majority of the | ||
directors who receive the highest number of votes at the initial | ||
election serve for a term of three years if elected in an | ||
odd-numbered year or four years if elected in an even-numbered | ||
year; and | ||
(3) the remaining directors serve for a term of one | ||
year if elected in an odd-numbered year or two years if elected in | ||
an even-numbered year. | ||
(d-2) If the directors are elected by place for four-year | ||
terms: | ||
(1) the candidate for a place receiving the highest | ||
number of votes for election to that place is a director for the | ||
district; | ||
(2) a director elected to fill an even-numbered place | ||
at the initial election serves for a term of one year if elected in | ||
an odd-numbered year or two years if elected in an even-numbered | ||
year; and | ||
(3) a director elected to fill an odd-numbered place | ||
at the initial election serves for a term of three years if elected | ||
in an odd-numbered year or four years if elected in an even-numbered | ||
year. | ||
(d-3) If the directors are elected from commissioners | ||
precincts and at large for four-year terms: | ||
(1) the number of candidates equal to the number of | ||
directors to be elected from each precinct who receive the highest | ||
number of votes from a commissioner precinct are directors for that | ||
precinct; | ||
(2) the number of candidates equal to the number of | ||
directors to be elected at large who receive the highest number of | ||
votes from the district at large are directors for the district at | ||
large; | ||
(3) a candidate elected from an odd-numbered precinct | ||
at the initial election serves for a term of three years if elected | ||
in an odd-numbered year or four years if elected in an even-numbered | ||
year; | ||
(4) a candidate elected from an even-numbered precinct | ||
at the initial election serves for a term of one year if elected in | ||
an odd-numbered year or two years if elected in an even-numbered | ||
year; | ||
(5) a candidate elected as the director from the | ||
district at large at the initial election serves for a term of three | ||
years if elected in an odd-numbered year or four years if elected in | ||
an even-numbered year; and | ||
(6) if more than one director is elected at large, half | ||
of the directors elected at large serve for a term described by | ||
Subdivision (4) for a candidate elected from an even-numbered | ||
precinct, and the other half serve for a term described by | ||
Subdivision (3) for a candidate elected from an odd-numbered | ||
precinct. | ||
(e) After the initial election of directors, an election | ||
shall be held on the uniform election date [ |
||
of each year or every other year, as applicable, to elect the | ||
appropriate number of successor directors for two-year terms or | ||
four-year terms as specified in the petition to create the | ||
district. | ||
SECTION 6. Section 286.043, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 286.043. NOTICE OF ELECTION. Notice [ |
||
election shall be published [ |
||
circulation in the district in accordance with Section 4.003, | ||
Election Code. | ||
SECTION 7. The heading to Section 286.044, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 286.044. APPLICATION FOR PLACE ON BALLOT [ |
||
SECTION 8. Section 286.044(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A person who wishes to have the person's name printed on | ||
the ballot as a candidate for director must file an application with | ||
the secretary of the board in accordance with Chapter 144, Election | ||
Code. | ||
SECTION 9. Section 286.053, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 286.053. APPOINTMENTS TO STAFF. The board may: | ||
(1) appoint to the staff any health care practitioners | ||
[ |
||
of the district; and | ||
(2) grant clinical privileges on a [ |
||
emergency basis as [ |
||
SECTION 10. Section 286.078(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) The board may enter into a public work contract as | ||
authorized under Chapter 2269, Government Code [ |
||
SECTION 11. Section 286.101(f), Health and Safety Code, is | ||
amended to read as follows: | ||
(f) [ |
||
election shall be ordered and notice of the election shall be given | ||
in the same manner as provided by Sections 286.024 and 286.025 for | ||
ordering and giving notice of an election authorizing creation of | ||
the district. Section 41.001(a), Election Code, does not apply to | ||
an election held under this section. | ||
SECTION 12. Section 286.102(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) [ |
||
Election Code, does not apply to an election ordered under this | ||
section. | ||
SECTION 13. Section 286.129, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 286.129. SPENDING AND INVESTMENT LIMITATIONS. (a) | ||
Except as provided by Sections [ |
||
district may not incur a debt payable from revenues of the district | ||
other than the revenues on hand or to be on hand in the current and | ||
immediately following fiscal year of the district. | ||
(b) The board may invest operating, depreciation, or | ||
building reserves only in investments authorized under Chapter | ||
2256, Government Code [ |
||
[ |
||
[ |
||
[ |
||
[ |
||
SECTION 14. Section 1070.111, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 1070.111. CONSTRUCTION CONTRACTS. A construction | ||
contract that involves the expenditure of more than $10,000 may be | ||
made only after advertising in the manner provided by Chapter 252, | ||
Local Government Code, or Subchapter B, Chapter 271, Local | ||
Government Code[ |
||
SECTION 15. The following provisions of the Health and | ||
Safety Code are repealed: | ||
(1) Section 286.023(g); | ||
(2) Section 286.025(b); and | ||
(3) Section 286.044(b). | ||
SECTION 16. This Act takes effect September 1, 2023. |