Bill Text: TX SB1950 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the Donley County Hospital District.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2019-05-28 - Effective immediately [SB1950 Detail]

Download: Texas-2019-SB1950-Enrolled.html
 
 
  S.B. No. 1950
 
 
 
 
AN ACT
  relating to the Donley County Hospital District.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1021.061(c), Special District Local Laws
  Code, is amended to read as follows:
         (c)  The board may delegate to the district administrator the
  authority to hire district employees, including technicians and
  nurses, for the efficient operation of the district.
         SECTION 2.  Subchapter B, Chapter 1021, Special District
  Local Laws Code, is amended by adding Sections 1021.063, 1021.064,
  and 1021.065 to read as follows:
         Sec. 1021.063.  MAINTENANCE OF RECORDS.  The board shall:
               (1)  keep minutes of all board meetings and
  proceedings; and
               (2)  maintain at the district's principal office all
  district records and accounts, including all contracts, notices,
  duplicate vouchers, and duplicate receipts.
         Sec. 1021.064.  RECRUITMENT OF MEDICAL PERSONNEL. (a)  The
  board may spend district money to recruit physicians, nurses, and
  other trained medical personnel.
         (b)  The board may pay the tuition or other expenses of a
  full-time medical student or other student in a health occupation
  who:
               (1)  is enrolled in and is in good standing at an
  accredited medical school, college, or university; and
               (2)  contractually agrees to become a district employee
  or independent contractor in return for that assistance.
         Sec. 1021.065.  EDUCATIONAL PROGRAMS; COURSES. The board
  may provide or contract for the provision of educational programs
  or courses for district employees, medical staff, board members,
  and the public as necessary or beneficial to promote the mission of
  the district.
         SECTION 3.  Section 1021.103, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 1021.103.  MANAGEMENT, CONTROL, AND ADMINISTRATION.
  (a)  The board shall manage, control, and administer the hospital
  system and the district's money and resources.
         (b)  The board may delegate to the district administrator
  the authority to manage, control, and administer the hospital, the
  hospital system, and the district's business, money, and resources
  under the board's oversight.
         SECTION 4.  Section 1021.104, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 1021.104.  HOSPITAL SYSTEM. (a)  The district shall
  provide for the establishment of a hospital or hospital system in
  the district by:
               (1)  leasing, purchasing, constructing, acquiring,
  repairing, or renovating buildings and improvements;
               (2)  equipping the buildings and improvements; and
               (3)  administering the buildings and improvements for
  hospital purposes.
         (b)  The hospital system, as determined by the board, may
  include:
               (1)  facilities for domiciliary care of the sick,
  injured, or geriatric;
               (2)  [facilities for] outpatient clinics and related
  facilities;
               (3)  dispensaries;
               (4)  convalescent home facilities;
               (5)  necessary nurses centers;
               (6)  research centers or laboratories;
               (7)  nursing homes or similar facilities for the care
  of the elderly;
               (8)  blood banks; and
               (9) [(8)]  any other facilities the board considers
  necessary for hospital care.
         (c)  The district may operate or provide for the operation of
  a mobile emergency medical or air ambulance service as part of the
  hospital system.
         SECTION 5.  Section 1021.105, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 1021.105.  RULES. The board may adopt rules governing
  the operation of the hospital, the hospital system, and the
  district's staff and employees and as otherwise required to
  administer this chapter.
         SECTION 6.  Section 1021.107, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 1021.107.  DISTRICT PROPERTY, FACILITIES, AND
  EQUIPMENT. (a)  The board shall determine the type, number, and
  location of buildings required for district purposes [to maintain
  an adequate hospital system]. The board may purchase or lease
  buildings, materials, supplies, equipment, and vehicles for
  district purposes.
         (b)  The board may [contract with the Health and Human
  Services Commission to] 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, land, improvements,
  or vehicles for use by [in] the district [district's hospital
  system] and mortgage or pledge the property as security for the
  payment of the purchase price. A contract entered into under this
  subsection for equipment or vehicles must provide that the entire
  obligation be retired not later than the fifth anniversary of the
  date of the contract.
         (d)  The district may sell or otherwise dispose of any
  property, including equipment and vehicles, on terms the board
  finds are in the best interest of the district's inhabitants.
         SECTION 7.  Section 1021.110, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 1021.110.  CONSTRUCTION OR PURCHASE CONTRACTS. A
  construction or purchase contract that involves the expenditure of
  more than the amount provided by Section 271.024, Local Government
  Code, must comply with the competitive procurement requirements
  [$2,000 may be made only after advertising in the manner] provided
  by Chapter 252, 262, or 271 [and Subchapter C, Chapter 262], Local
  Government Code, as applicable.
         SECTION 8.  Section 1021.112, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 1021.112.  CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
  CARE AND [HOSPITAL] TREATMENT. (a)  The board may contract with a
  county or municipality located outside the district's boundaries
  for the care and treatment [hospitalization] of a sick or injured
  person of that county or municipality.
         (b)  The board may contract with this state or a federal
  agency for the care and [hospital] treatment of a sick or injured
  person for whom this state or the agency is responsible.
         SECTION 9.  Subchapter C, Chapter 1021, Special District
  Local Laws Code, is amended by adding Section 1021.116 to read as
  follows:
         Sec. 1021.116.  FACILITIES OR SERVICES FOR PERSONS WHO ARE
  ELDERLY OR PERSONS WITH DISABILITIES. (a)  The district may:
               (1)  purchase, construct, acquire by lease or contract,
  repair, renovate, equip, or administer the following types of
  facilities or services for the care of persons who are elderly or
  persons with disabilities:
                     (A)  a nursing home or similar long-term care
  facility;
                     (B)  elderly housing;
                     (C)  assisted living;
                     (D)  home health;
                     (E)  personal care;
                     (F)  special care; or
                     (G)  continuing care; and
               (2)  purchase, acquire by lease or contract, repair, or
  equip durable medical equipment to provide services to persons who
  are elderly or to persons with disabilities.
         (b)  For a facility or service described by Subsection (a),
  the board may:
               (1)  lease or enter into an operating or management
  agreement relating to all or part of a facility or service that is
  owned by the district;
               (2)  close, transfer, sell, or otherwise convey all or
  part of a facility; and
               (3)  discontinue all or part of a service.
         (c)  The board may issue general obligation bonds, revenue
  bonds, and other notes to acquire, construct, or improve a facility
  for the care of persons who are elderly or of persons with
  disabilities or to implement the delivery of a service for the care
  of persons who are elderly or of persons with disabilities.
         (d)  For the purposes of this section, a facility or service
  described by Subsection (a) is a hospital project under Chapter
  223, Health and Safety Code, notwithstanding Section 223.002 of
  that chapter.
         SECTION 10.  Section 1021.157, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 1021.157.  INSPECTION OF AUDIT AND DISTRICT RECORDS.
  The audit and other district records, including records described
  by Section 1021.063, shall be open to public inspection at the
  district's principal office.
         SECTION 11.  Subchapter D, Chapter 1021, Special District
  Local Laws Code, is amended by adding Sections 1021.161 and
  1021.162 to read as follows:
         Sec. 1021.161.  GENERAL AUTHORITY TO BORROW MONEY; SECURITY.
  (a)  Notwithstanding Section 1021.160, the board may borrow money
  at a rate not to exceed the maximum annual percentage rate allowed
  by law for district obligations at the time the loan is made.
         (b)  To secure a loan, the board may pledge:
               (1)  district revenue that is not pledged to pay the
  district's bonded indebtedness;
               (2)  a district tax to be imposed by the district in the
  next 12-month period that is not pledged to pay the principal of or
  interest on district bonds; or
               (3)  district bonds that have been authorized but not
  sold.
         (c)  A loan for which taxes or bonds are pledged must mature
  not later than the first anniversary of the date the loan is made. A
  loan for which district revenue is pledged must mature not later
  than the fifth anniversary of the date the loan is made.
         Sec. 1021.162.  AUTHORITY TO BORROW MONEY IN EMERGENCY;
  SECURITY. (a)  Notwithstanding Section 1021.160, the board may
  borrow money at a rate not to exceed the maximum annual percentage
  rate allowed by law for district obligations at the time the loan is
  made if the board declares that:
               (1)  money is not available to meet authorized
  obligations of the district; and
               (2)  an emergency exists.
         (b)  To secure a loan, the board may pledge:
               (1)  district revenue that is not pledged to pay the
  district's bonded indebtedness;
               (2)  a district tax to be imposed by the district in the
  next 12-month period that is not pledged to pay the principal of or
  interest on district bonds; or
               (3)  district bonds that have been authorized but not
  sold.
         (c)  A loan for which taxes or bonds are pledged must mature
  not later than the first anniversary of the date the loan is made. A
  loan for which district revenue is pledged must mature not later
  than the fifth anniversary of the date the loan is made.
         (d)  The board may not spend money obtained from a loan under
  this section for any purpose other than:
               (1)  the purpose for which the board declared an
  emergency; and
               (2)  if district taxes or bonds are pledged to pay the
  loan, the purpose for which the pledged taxes were imposed or the
  pledged bonds were authorized.
         SECTION 12.  Section 1021.201, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 1021.201.  GENERAL OBLIGATION BONDS. The board may
  issue and sell general obligation bonds 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; or
               (3)  acquiring and operating a mobile emergency medical
  or air ambulance service.
         SECTION 13.  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, 2019.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1950 passed the Senate on
  April 17, 2019, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1950 passed the House on
  May 14, 2019, by the following vote:  Yeas 137, Nays 4, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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