Bill Text: TX HB4212 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the creation of the Mineola Area Medical District; granting the authority to impose a tax and issue bonds; granting the power of eminent domain.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2015-06-18 - Effective immediately [HB4212 Detail]
Download: Texas-2015-HB4212-Enrolled.html
H.B. No. 4212 |
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relating to the creation of the Mineola Area Medical District; | ||
granting the authority to impose a tax and issue bonds; granting the | ||
power of eminent domain. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 3, Special District Local Laws | ||
Code, is amended by adding Chapter 1120 to read as follows: | ||
CHAPTER 1120. MINEOLA AREA MEDICAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1120.001. 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 Mineola Area Medical | ||
District. | ||
Sec. 1120.002. DISTRICT AUTHORIZATION. The Mineola Area | ||
Medical District may be created and, if created, operates and is | ||
financed as a hospital district as provided by Section 9, Article | ||
IX, Texas Constitution, and by this chapter. | ||
Sec. 1120.003. ESSENTIAL PUBLIC FUNCTION. The district is | ||
a public entity performing an essential public function. | ||
Sec. 1120.004. DISTRICT TERRITORY. The boundaries of the | ||
district are coextensive with the boundaries of the Mineola | ||
Independent School District. | ||
Sec. 1120.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE | ||
OBLIGATION. The state may not be obligated for the support or | ||
maintenance of the district. | ||
Sec. 1120.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. | ||
The legislature may not make a direct appropriation for the | ||
construction, maintenance, or improvement of a district facility. | ||
SUBCHAPTER A-1. TEMPORARY PROVISIONS | ||
Sec. 1120.021. CREATION ELECTION; ORDERING ELECTION. (a) | ||
The district may be created and a tax may be authorized only if the | ||
creation and the tax are approved by a majority of the registered | ||
voters of the territory of the proposed district voting at an | ||
election called and held for that purpose. | ||
(b) The Wood County Commissioners Court shall order an | ||
election for the registered voters of the territory of the proposed | ||
district on the question of creation of the Mineola Area Medical | ||
District if the commissioners court receives a petition requesting | ||
an election that is signed by at least 50 registered voters who are | ||
residents of the territory of the proposed district. | ||
(c) The order calling an election under this section must | ||
state: | ||
(1) the nature of the election, including the | ||
proposition that is 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. | ||
(d) Section 41.001(a), Election Code, does not apply to an | ||
election ordered under this section. | ||
(e) The Wood County Commissioners Court shall give notice of | ||
an election under this section by publishing a substantial copy of | ||
the election order in a newspaper with general circulation in Wood | ||
County once a week for two consecutive weeks. The first publication | ||
must appear not later than the 30th day before the date set for the | ||
election. | ||
(f) The ballot for an election under this section must be | ||
printed to permit voting for or against the proposition: "The | ||
creation of the Mineola Area Medical District, providing for the | ||
imposition of an ad valorem tax at a rate not to exceed 75 cents on | ||
each $100 valuation on all taxable property in the district." | ||
(g) The Wood County Commissioners Court shall find that the | ||
Mineola Area Medical District is created if a majority of the voters | ||
voting in the election held under this section favor the creation of | ||
the district. | ||
Sec. 1120.022. TEMPORARY DIRECTORS. (a) If the creation of | ||
the district is approved at the election held under Section | ||
1120.021, the Wood County Commissioners Court shall appoint nine | ||
temporary directors to represent the district at large. | ||
(b) Temporary directors serve until the date of the next | ||
regular election of directors that occurs after the date of the | ||
election held under Section 1120.021 and that allows sufficient | ||
time to comply with other requirements of law. | ||
(c) A vacancy on the temporary board of directors shall be | ||
filled by appointment by the Wood County Commissioners Court. | ||
(d) A person must be a qualified voter of the district to | ||
serve as a temporary director. | ||
(e) An employee of the district may not serve as a temporary | ||
director. | ||
Sec. 1120.023. TEMPORARY OFFICERS. (a) The temporary | ||
board shall elect a president and a vice president from among the | ||
temporary directors. | ||
(b) The temporary board shall appoint a secretary, who need | ||
not be a temporary director. | ||
(c) The temporary board shall fill a vacancy in a board | ||
office for the remainder of the unexpired term. | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1120.051. BOARD ELECTION; TERM. (a) The board | ||
consists of nine directors elected at large. | ||
(b) An election shall be held each year on an authorized | ||
uniform election date to elect the appropriate number of directors. | ||
(c) Directors serve staggered two-year terms. | ||
Sec. 1120.052. NOTICE. Notice of the directors' election | ||
shall be published at least once in a newspaper with general | ||
circulation in the district in accordance with Section 4.003(a), | ||
Election Code. | ||
Sec. 1120.053. QUALIFICATION FOR OFFICE. (a) To be | ||
eligible to hold office on the board, a person must be: | ||
(1) a resident of the district; and | ||
(2) a qualified voter. | ||
(b) An administrator or an employee of the district may not | ||
serve as a director. | ||
Sec. 1120.054. DIRECTOR'S BOND. (a) Before assuming the | ||
duties of office, each director must execute a bond in the amount of | ||
$5,000 payable to the district and conditioned on the faithful | ||
performance of the director's duties. | ||
(b) The bond shall be kept in the permanent records of the | ||
district. | ||
(c) The board may pay for a director's bond with district | ||
money. | ||
Sec. 1120.055. BOARD VACANCY. If a vacancy occurs in the | ||
office of director, the remaining directors shall appoint a | ||
director for the remainder of the unexpired term. | ||
Sec. 1120.056. OFFICERS. (a) The board shall elect a | ||
president and a vice president from among the directors. | ||
(b) The board shall appoint a secretary, who need not be a | ||
director. | ||
(c) Each officer of the board serves a one-year term. | ||
(d) The board shall fill a vacancy in a board office for the | ||
remainder of the unexpired term. | ||
Sec. 1120.057. COMPENSATION; REIMBURSEMENT. 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. | ||
Sec. 1120.058. VOTING REQUIREMENT. A concurrence of a | ||
majority of the directors voting is necessary in matters relating | ||
to district business. | ||
Sec. 1120.059. DISTRICT ADMINISTRATOR; ADMINISTRATOR'S | ||
BOND. (a) The board may appoint a qualified person as district | ||
administrator. | ||
(b) The district administrator serves at the will of the | ||
board. | ||
(c) The district administrator is entitled to compensation | ||
determined by the board. | ||
(d) Before assuming the duties of district administrator, | ||
the administrator must execute a bond payable to the district in an | ||
amount not less than $5,000, as determined by the board, | ||
conditioned on the faithful performance of the administrator's | ||
duties. | ||
(e) The board may pay for the bond with district money. | ||
Sec. 1120.060. 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 general affairs of the district. | ||
Sec. 1120.061. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. | ||
(a) The board may appoint qualified persons as assistant district | ||
administrator and attorney for the district. | ||
(b) The assistant district administrator and attorney for | ||
the district serve at the will of the board. | ||
(c) The assistant district administrator and attorney for | ||
the district are entitled to compensation determined by the board. | ||
Sec. 1120.062. EMPLOYEES. (a) The district may employ | ||
nurses, technicians, fiscal agents, accountants, architects, | ||
additional attorneys, and other necessary employees. | ||
(b) The board may delegate to the district administrator the | ||
authority to employ persons for the district. | ||
Sec. 1120.063. APPOINTMENT AND REMOVAL OF MEDICAL STAFF. | ||
The board may: | ||
(1) appoint to the medical staff any doctor the board | ||
considers necessary for the efficient operation of the district; | ||
(2) remove any doctor from the medical staff, after | ||
due process, if the board considers the doctor's removal necessary | ||
for the efficient operation of the district; and | ||
(3) make temporary appointments to the medical staff | ||
as the board considers necessary. | ||
Sec. 1120.064. RETIREMENT BENEFITS. The board may provide | ||
retirement benefits for district employees by: | ||
(1) establishing or administering a retirement | ||
program; or | ||
(2) participating in: | ||
(A) the Texas County and District Retirement | ||
System; or | ||
(B) another statewide retirement system in which | ||
the district is eligible to participate. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1120.101. DISTRICT RESPONSIBILITY. The district has | ||
full responsibility for operating hospital facilities and | ||
providing medical and hospital care for the district's needy | ||
residents. | ||
Sec. 1120.102. MANAGEMENT, CONTROL, AND ADMINISTRATION. | ||
The board shall manage, control, and administer the hospital system | ||
and the money and resources of the district. | ||
Sec. 1120.103. RULES. The board may adopt rules governing: | ||
(1) the operation of the hospital and hospital system; | ||
and | ||
(2) the duties, functions, and responsibilities of | ||
district staff and employees. | ||
Sec. 1120.104. PURCHASING AND ACCOUNTING PROCEDURES. The | ||
board may prescribe: | ||
(1) the method of making purchases and expenditures by | ||
and for the district; and | ||
(2) accounting and control procedures for the | ||
district. | ||
Sec. 1120.105. PROVISION OF CERTAIN HEALTH SERVICES. (a) | ||
The district may operate or provide for the operation of a mobile | ||
emergency medical service. | ||
(b) The district may operate or provide for home health | ||
services, long-term care, skilled nursing care, intermediate | ||
nursing care, or hospice care. | ||
Sec. 1120.106. DISTRICT PROPERTY, FACILITIES, AND | ||
EQUIPMENT. (a) The board shall determine: | ||
(1) the type, number, and location of buildings | ||
required to maintain an adequate hospital system; and | ||
(2) the type of equipment necessary for hospital care. | ||
(b) The board may: | ||
(1) acquire property, facilities, and equipment for | ||
the district for use in the hospital system; | ||
(2) mortgage or pledge the property, facilities, or | ||
equipment as security for payment of the purchase price; | ||
(3) sell or otherwise dispose of property, facilities, | ||
or equipment for the district; or | ||
(4) lease hospital facilities for the district. | ||
Sec. 1120.107. OPERATING AND MANAGEMENT CONTRACTS. The | ||
board may enter into operating or management contracts relating to | ||
hospital facilities for the district. | ||
Sec. 1120.108. SERVICE CONTRACTS. (a) The board may | ||
contract with a public or private hospital, a political subdivision | ||
of the state, or a state or federal agency for the district to | ||
provide a mobile emergency medical service or other health care | ||
services needed to provide for the investigatory or welfare needs | ||
of residents of the district. | ||
(b) The board may contract with a person to receive or | ||
supply the services the board considers necessary for the effective | ||
operation of the district. | ||
Sec. 1120.109. EMINENT DOMAIN. (a) The district may | ||
exercise the power of eminent domain to acquire a fee simple or | ||
other interest in property located in district territory if the | ||
interest is necessary for the district to exercise the rights or | ||
authority conferred by this chapter. | ||
(b) The district must exercise the power of eminent domain | ||
in the manner provided by Chapter 21, Property Code, except that the | ||
district is not required to deposit with 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 bond or other security | ||
for costs in the trial court; | ||
(2) provide 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. | ||
Sec. 1120.110. COST OF RELOCATING OR ALTERING PROPERTY. In | ||
exercising the power of eminent domain, if the board requires | ||
relocating, raising, lowering, rerouting, changing the grade, or | ||
altering the construction of any railroad, highway, pipeline, or | ||
electric transmission and electric distribution, telegraph, or | ||
telephone line, conduit, pole, or facility, the district shall pay | ||
the actual cost of that activity to provide a comparable | ||
replacement, without enhancement of facilities, after deducting | ||
the net salvage value derived from the old facility. | ||
Sec. 1120.111. GIFTS AND ENDOWMENTS. The board may accept | ||
for the district a gift or endowment to be held in trust for any | ||
purpose and under any direction, limitation, or provision in | ||
writing by the donor that is consistent with the proper management | ||
of the district. | ||
Sec. 1120.112. PAYMENT FOR TREATMENT; PROCEDURES. (a) | ||
When a person who resides in the district is admitted as a patient | ||
to a district facility, the district administrator may have an | ||
inquiry made into the financial circumstances of: | ||
(1) the patient; and | ||
(2) a relative of the patient who is legally | ||
responsible for the patient's support. | ||
(b) To the extent that the patient or a relative of the | ||
patient who is legally responsible for the patient's support cannot | ||
pay for care and treatment provided by the district, the district | ||
shall supply the care and treatment without charging the patient or | ||
the patient's relative. | ||
(c) On determining that the patient or a relative legally | ||
responsible for the patient's support can pay for all or part of the | ||
care and treatment provided by the district, the district | ||
administrator shall report that determination to the board, and the | ||
board shall issue an order directing the patient or the relative to | ||
pay the district a specified amount each week. The amount must be | ||
based on the person's ability to pay. | ||
(d) The district administrator may collect money owed to the | ||
district from the patient's estate or from that of a relative | ||
legally responsible for the patient's support in the manner | ||
provided by law for the collection of expenses in the last illness | ||
of a deceased person. | ||
(e) If there is a dispute relating to a person's ability to | ||
pay or if the district administrator has any doubt concerning a | ||
person's ability to pay, the board shall call witnesses, hear and | ||
resolve the question, and issue a final order. The order may be | ||
appealed to a district court in any county in which the district is | ||
located. The substantial evidence rule applies to an appeal under | ||
this subsection. | ||
Sec. 1120.113. REIMBURSEMENT FOR SERVICES. (a) The board | ||
shall require a county, municipality, or public hospital located | ||
outside of the district to reimburse the district for the | ||
district's care and treatment of a sick or injured person of that | ||
county, municipality, or hospital, as provided by Chapter 61, | ||
Health and Safety Code. | ||
(b) The board shall require the sheriff of Wood County to | ||
reimburse the district for the district's care and treatment of a | ||
person who is confined in a jail facility of Wood County and is not a | ||
resident of the district. | ||
(c) On behalf of the district, the board may contract with | ||
the state or federal government for that government to reimburse | ||
the district for treatment of a sick or injured person. | ||
Sec. 1120.114. AUTHORITY TO SUE AND BE SUED. The board may | ||
sue and be sued on behalf of the district. | ||
Sec. 1120.115. CONSTRUCTION CONTRACTS; ADVERTISING FOR | ||
CERTAIN CONSTRUCTION CONTRACTS. (a) The board may enter into a | ||
construction contract on the district's behalf. | ||
(b) The board may enter into a construction contract only | ||
after competitive bidding as provided by Subchapter B, Chapter 271, | ||
Local Government Code, if the amount of the contract is greater than | ||
the amount provided by Section 271.024 of that code. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1120.151. BUDGET. (a) The district administrator | ||
shall prepare a proposed annual budget for the district. | ||
(b) The proposed budget must contain a complete financial | ||
statement, including a statement of: | ||
(1) the outstanding obligations of the district; | ||
(2) the amount of cash on hand to the credit of each | ||
fund of the district; | ||
(3) the amount of money received by the district from | ||
all sources during the previous year; | ||
(4) the amount of money available to the district from | ||
all sources during the ensuing year; | ||
(5) the amount of the balances expected at the end of | ||
the year in which the budget is being prepared; | ||
(6) the estimated amount of revenues and balances | ||
available to cover the proposed budget; and | ||
(7) the estimated tax rate required. | ||
Sec. 1120.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a) | ||
The board shall hold a public hearing on the proposed budget. | ||
(b) The board shall publish notice of the hearing in a | ||
newspaper with general circulation in the district not later than | ||
the 10th day before the date of the hearing. | ||
(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 a change in the proposed budget | ||
that the board determines to be in the interests of the taxpayers. | ||
(e) The budget is effective only after adoption by the | ||
board. | ||
Sec. 1120.153. AMENDMENT OF BUDGET. After the budget is | ||
adopted, the budget may be amended on the board's approval. | ||
Sec. 1120.154. FISCAL YEAR. (a) The district operates | ||
according to a fiscal year established by the board. | ||
(b) The fiscal year may not be changed: | ||
(1) during a period in which revenue bonds of the | ||
district are outstanding; or | ||
(2) more than once in a 24-month period. | ||
Sec. 1120.155. ANNUAL AUDIT. The board shall have an annual | ||
audit made of the financial condition of the district. | ||
Sec. 1120.156. INSPECTION OF ANNUAL AUDIT AND DISTRICT | ||
RECORDS. The annual audit and other district records are open to | ||
inspection during regular business hours at the principal office of | ||
the district. | ||
Sec. 1120.157. FINANCIAL REPORT. As soon as practicable | ||
after the close of each fiscal year, the district administrator | ||
shall prepare for the board a sworn statement of the amount of | ||
district money and an account of the disbursement of that money. | ||
Sec. 1120.158. DEBT LIMITATION. Except as provided by this | ||
chapter and Chapter 1207, Government Code, the district may not | ||
incur a debt payable from district revenue other than revenue | ||
available in the current fiscal year and the immediately following | ||
fiscal year of the district. | ||
Sec. 1120.159. DEPOSITORY. (a) The board shall select at | ||
least one bank to serve as a depository for district money. | ||
(b) The board may solicit bids from local financial | ||
institutions to determine which institution may serve as a | ||
depository for district money. | ||
(c) District money, other than money invested as provided by | ||
Section 1120.160 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. This subsection does not limit the board's power to place | ||
part of the district's money on time deposit or to purchase | ||
certificates of deposit. | ||
Sec. 1120.160. RESTRICTION ON INVESTMENT. The board may | ||
invest operating, depreciation, or building reserves only in funds | ||
or securities specified by Chapter 2256, Government Code. | ||
SUBCHAPTER E. BONDS | ||
Sec. 1120.201. GENERAL OBLIGATION BONDS. If authorized by | ||
an election, the board may issue and sell general obligation bonds | ||
in the name and on the faith and credit of the district to: | ||
(1) purchase, construct, acquire, repair, or renovate | ||
buildings or improvements; | ||
(2) equip buildings or improvements for hospital | ||
purposes; or | ||
(3) acquire and operate a mobile emergency medical | ||
service. | ||
Sec. 1120.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At | ||
the time general obligation bonds are issued by the district under | ||
Section 1120.201, the board shall impose an ad valorem tax in an | ||
amount 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 | ||
tax the district imposes in any year may not exceed the limit | ||
approved by the voters at the election authorizing the imposition | ||
of taxes. | ||
Sec. 1120.203. GENERAL OBLIGATION BOND ELECTION. (a) The | ||
district may issue general obligation bonds only if the bonds are | ||
authorized by a majority of the voters voting in an election held | ||
for that purpose. | ||
(b) The board may order a bond election. The order calling | ||
the election must specify: | ||
(1) the nature and date of the election; | ||
(2) the hours during which the polls will be open; | ||
(3) the location of polling places; | ||
(4) the amounts of the bonds to be authorized; and | ||
(5) the maximum maturity of the bonds. | ||
(c) Notice of a bond election must be given as provided by | ||
Chapter 1251, Government Code. | ||
(d) The board shall declare the results of the election. | ||
Sec. 1120.204. REVENUE BONDS. (a) The board may issue | ||
revenue bonds to: | ||
(1) acquire, purchase, construct, repair, renovate, | ||
or equip buildings or improvements for hospital purposes; | ||
(2) acquire sites to be used for hospital purposes; or | ||
(3) acquire and operate a mobile emergency medical | ||
service to assist the district in carrying out its hospital | ||
purposes. | ||
(b) The bonds must be payable from and secured by a pledge of | ||
all or part of the revenues derived from the operation of the | ||
district's hospital system. | ||
(c) The bonds may be additionally secured by a mortgage or | ||
deed of trust lien on all or part of the district property. | ||
(d) The bonds must be issued in the manner provided 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 county | ||
hospital authorities. | ||
Sec. 1120.205. MATURITY. District bonds must mature not | ||
later than 40 years after the date of their issuance. | ||
Sec. 1120.206. 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. | ||
Sec. 1120.207. BONDS NOT SUBJECT TO TAXATION. The | ||
following are not subject to taxation by the state or by a political | ||
subdivision of the state: | ||
(1) bonds issued by the district; | ||
(2) any transaction relating to the bonds; and | ||
(3) profits made in the sale of the bonds. | ||
SUBCHAPTER F. AD VALOREM TAX | ||
Sec. 1120.251. IMPOSITION OF AD VALOREM TAX. (a) The board | ||
shall impose a tax on all property in the district subject to | ||
hospital district taxation. | ||
(b) The tax may be used to pay: | ||
(1) indebtedness issued or assumed by the district; | ||
and | ||
(2) the maintenance and operating expenses of the | ||
district. | ||
(c) The district may not impose a tax to pay the principal of | ||
or interest on revenue bonds issued under this chapter. | ||
Sec. 1120.252. TAX RATE. (a) The tax rate on all taxable | ||
property in the district for all purposes may not exceed 75 cents on | ||
each $100 valuation of the property according to the most recent | ||
certified tax appraisal roll of the district. | ||
(b) In setting the tax rate, the board shall consider | ||
district income from sources other than taxation. | ||
Sec. 1120.253. TAX ASSESSOR-COLLECTOR. The board may | ||
provide for the 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. | ||
SUBCHAPTER G. DISSOLUTION | ||
Sec. 1120.301. DISSOLUTION; ELECTION. (a) The district | ||
may be dissolved only on approval of a majority of the 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 district's registered voters. | ||
(d) The order calling the election must state: | ||
(1) the nature of the election, including the | ||
proposition that is 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. | ||
Sec. 1120.302. NOTICE OF ELECTION. (a) The board shall | ||
give notice of an election under this subchapter by publishing a | ||
substantial copy of the election order in a newspaper with general | ||
circulation in the district once a week for two consecutive weeks. | ||
(b) The first publication must appear not later than the | ||
30th day before the date set for the election. | ||
Sec. 1120.303. BALLOT. The ballot for an election under | ||
this subchapter must be printed to permit voting for or against the | ||
proposition: "The dissolution of the Mineola Area Medical | ||
District." | ||
Sec. 1120.304. ELECTION RESULTS. (a) If a majority of the | ||
votes in an election under this subchapter favor dissolution, the | ||
board shall order that the district be dissolved. | ||
(b) If a majority of the votes in an election under this | ||
subchapter 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. 1120.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a) | ||
If a majority of the votes in an election under this subchapter | ||
favor dissolution, the board shall: | ||
(1) transfer the land, buildings, improvements, | ||
equipment, and other assets belonging to the district to Wood | ||
County or another governmental entity in Wood County; or | ||
(2) administer the property, assets, and debts of the | ||
district 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. 1120.306. IMPOSITION OF TAX AND RETURN OF SURPLUS | ||
TAXES. (a) After the board determines 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 funds to the tax assessor-collector for the county | ||
in which the taxpayer resides. | ||
Sec. 1120.307. 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 Wood County Commissioners Court | ||
summarizing the board's actions in dissolving the district. | ||
(b) Not later than the 10th day after the date the Wood | ||
County Commissioners Court 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 2. (a) The members of the board of directors of the | ||
Mineola Area Medical District elected at the first election held | ||
under Section 1120.051, Special District Local Laws Code, as added | ||
by this Act, shall draw lots to determine which five directors serve | ||
a two-year term and which four directors serve a one-year term. | ||
(b) Successor directors shall serve two-year terms. | ||
SECTION 3. (a) Except as provided by Subsection (b) of this | ||
section, 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. | ||
(b) If this Act does not receive the vote necessary for | ||
immediate effect: | ||
(1) this Act takes effect September 1, 2015; and | ||
(2) Section 1120.109, Special District Local Laws | ||
Code, as added by this Act, has no effect. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4212 was passed by the House on May | ||
22, 2015, by the following vote: Yeas 138, Nays 2, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4212 was passed by the Senate on May | ||
27, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |