SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 3. HEALTH
SUBTITLE A. HOSPITAL DISTRICTS
CHAPTER 1011. SCHLEICHER COUNTY HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1011.001. 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 Schleicher County Hospital District.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.002. AUTHORITY FOR OPERATION. The Schleicher County Hospital District operates in accordance with and has the powers and responsibilities provided by Section 9, Article IX, Texas Constitution.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.003. POLITICAL SUBDIVISION. The district is a political subdivision of this state.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.004. DISTRICT TERRITORY. The boundaries of the district are coextensive with the boundaries of Schleicher County.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.005. CORRECTION OF INVALID PROCEDURES. If a court holds that any procedure under this chapter violates the constitution of this state or of the United States, the district by resolution may provide an alternative procedure that conforms with the constitution.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 1011.051. BOARD ELECTION; TERM. (a) Except as provided by Section 1011.064, the board consists of seven directors elected from the district at large.
(b) Unless four-year terms are established under Section 285.081, Health and Safety Code:
(1) directors serve staggered two-year terms; and
(2) a directors' election shall be held annually on a date authorized by Chapter 41, Election Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.052. NOTICE OF ELECTION. At least 10 days before the date of a directors' election, notice of the election must be published one time in a newspaper of general circulation in Schleicher County.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.053. BALLOT PETITION. (a) 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 be signed by not fewer than 10 registered voters.
(b) The petition and an application for a place on the ballot that meets the requirements of the Election Code must be filed in the manner provided by Chapter 144, Election Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.054. QUALIFICATIONS FOR OFFICE. A person may not be appointed or elected as a director unless the person is:
(1) a resident of the district; and
(2) at least 18 years of age at the time of the appointment or election.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.055. BOND; RECORD OF BOND AND OATH. (a) Each director shall execute a good and sufficient bond for $1,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the director's duties.
(b) Each director's bond and constitutional oath of office shall be deposited with the district's depository bank for safekeeping.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.056. BOARD VACANCY. (a) If a vacancy occurs in the office of director, the remaining directors shall appoint a director for the unexpired term.
(b) If the number of directors is reduced to fewer than four for any reason, the remaining directors shall immediately call a special election to fill the vacancies. If the remaining directors do not call the election, a district court, on application of a district voter or taxpayer, may order the directors to hold the election.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.057. OFFICERS. The board shall elect from among its members a president and a secretary.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.058. COMPENSATION; EXPENSES. A director serves without compensation but may be reimbursed for actual expenses incurred in the performance of official duties on approval of the expenses by the board.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.059. VOTING REQUIREMENT. A concurrence of a majority of directors is sufficient in any matter relating to district business.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.060. MEETINGS. (a) A board meeting may be called by the president or a majority of the directors.
(b) Notice of the time and place of a board meeting must be given to each director not later than the seventh day before the time of the meeting.
(c) This section does not prevent the board from establishing by resolution a regular time and place for meetings for which special notice is not required.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.061. EMPLOYEES. The board may employ a general manager and other necessary professional and clerical personnel.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.062. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.Except as provided by Section 1011.055, all district records, including books, accounts, notices, and minutes, and all other matters of the district and the operation of its facilities shall be:
(1) maintained at the district office; and
(2) open to public inspection at the district office at all reasonable hours.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.063. SEAL. The board may adopt a seal for the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.064. ALTERNATIVE ELECTION OF DIRECTORS BY PRECINCT. (a) The board may adopt an order to elect directors from five districts according to the commissioners precinct method.
(b) If the board adopts an order under Subsection (a), one director is elected by the voters of the district at large and one director is elected from each county commissioners precinct by the voters of that precinct.
(c) Except as provided by Subsection (e), a person must be:
(1) a resident of the district to be eligible to be a candidate for or to serve as a director at large; and
(2) a resident of the precinct to be a candidate for or to serve as a director from that precinct.
(d) A person shall indicate on the application for a place on the ballot:
(1) that the person seeks to represent the district at large; or
(2) the precinct that the person seeks to represent.
(e) When the boundaries of the county commissioners precincts are redrawn to reflect population changes after each federal decennial census, a director in office on the effective date of the change, or elected or appointed before the effective date of the change to a term of office beginning on or after the effective date of the change, shall serve the term or the remainder of the term in the precinct to which elected or appointed even if the change in boundaries places the director's residence outside the precinct for which the director was elected or appointed.
(f) At the first directors' election after the adoption of an order under Subsection (a), five new directors shall be elected. After the canvass of the returns of the election, the terms of all directors serving at the time of the election expire.
(g) At the first meeting of the directors elected under this section, the directors shall draw lots to determine which three directors serve two-year terms and which two directors serve one-year terms. After the terms of the initial directors elected under this section expire, each director serves a two-year term.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1011.101. DISTRICT RESPONSIBILITY. The district has full responsibility for providing medical and hospital care for the district's residents, including the district's needy and indigent residents.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.102. RESTRICTION ON COUNTY OR MUNICIPAL TAXATION. Schleicher County or a municipality in Schleicher County may not impose a tax for hospital purposes.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.103. MANAGEMENT AND CONTROL OF DISTRICT. The management and control of the district is vested in the board.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.104. RULES. (a) The board may adopt rules governing the operation of the district and district facilities.
(b) The rules, on approval by the board, may be published in booklet form at district expense and may be made available to any taxpayer on request.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.105. PURCHASING AND ACCOUNTING PROCEDURES. (a) The board may prescribe the method and manner of making purchases and expenditures by and for the district.
(b) The board shall prescribe:
(1) all accounting and control procedures; and
(2) the method of purchasing necessary supplies, materials, and equipment.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.106. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain to acquire a fee simple or other interest in any type of property located in district territory, if the interest is necessary or convenient for the district to exercise a right, power, privilege, or function conferred on the district by this chapter.
(b) The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code, except the district is not required to deposit in 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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.107. GIFTS AND ENDOWMENTS. The board may accept for the district a gift or endowment to be held in trust and administered by the board for the purposes and under the directions, limitations, or other provisions prescribed in writing by the donor that are not inconsistent with the proper management and objectives of the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.108. PROVISION OF SERVICES OUTSIDE DISTRICT. On approval of the board, the district may provide primary care, emergency services, preventive medical services, and other health-related services outside the district if the services serve the district's purpose.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.109. PAYMENT FOR TREATMENT; PROCEDURES. (a) When a patient who claims to be indigent is admitted to a district facility, the board shall have an inquiry made into the circumstances of:
(1) the patient; and
(2) the patient's relatives legally liable for the patient's support.
(b) If an agent designated by the district to handle the inquiry determines that the patient or those relatives cannot pay for all or part of the patient's care and treatment in the hospital, the amount that cannot be paid becomes a charge against the district.
(c) If it is determined that the patient or those relatives are liable to pay for all or part of the patient's care and treatment, the patient or those relatives shall be ordered to pay to the district's treasurer a specified amount each week for the patient's support. The amount ordered must be proportionate to their financial ability and may not exceed the actual per capita cost of maintenance.
(d) The district may collect the amount from the patient's estate, or from those relatives legally liable for the patient's support, in the manner provided by law for the collection of expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay or doubt in the mind of the district's designated agent, the board shall hold a hearing and, after calling witnesses, shall:
(1) resolve the dispute or doubt; and
(2) issue any appropriate order.
(f) The order may be appealed to the district court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.110. AUTHORITY TO SUE AND BE SUED. As a governmental agency, the district may sue and be sued in its own name in any court in this state.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 1011.151. BUDGET. The board annually shall have a budget prepared for the next fiscal year that includes:
(1) proposed expenditures and disbursements;
(2) estimated receipts and collections; and
(3) the amount of taxes required to be imposed for the year.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.152. PROPOSED BUDGET: NOTICE AND HEARING. (a) The board shall hold a public hearing on the proposed budget.
(b) Notice of the hearing must be published at least once in a newspaper of general circulation in Schleicher County not later than the 10th day before the date of the hearing.
(c) Any district taxpayer is entitled to:
(1) appear at the time and place designated in the notice; and
(2) be heard regarding any item included in the proposed budget.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.153. FISCAL YEAR. The district's fiscal year begins on January 1 and ends on December 31.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.154. ANNUAL AUDIT. (a) The board annually shall have an independent audit made of the district's books and records for the preceding fiscal year.
(b) Not later than March 31 each year, the audit shall be filed:
(1) with the comptroller; and
(2) at the district's office.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.155. DEPOSITORY OR TREASURER. (a) The board by resolution shall designate a bank or banks in Schleicher County as the district's depository or treasurer. A designated bank serves for two years and until a successor is designated.
(b) All income received by the district shall be deposited with the district depository.
(c) All district money shall be secured in the manner provided for securing county funds.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
SUBCHAPTER E. BONDS
Sec. 1011.201. 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 the purchase, construction, acquisition, repair, or renovation of buildings or improvements and equipping buildings and improvements for hospital purposes.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) The board shall impose an ad valorem tax at a rate sufficient to create an interest and sinking fund to pay the principal of and interest on general obligation bonds issued under Section 1011.201 as the bonds mature.
(b) The tax required by this section together with any maintenance and operations tax the district imposes may not in any year exceed 75 cents on each $100 valuation of all taxable property in the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.203. GENERAL OBLIGATION BOND ELECTION. (a) The district may issue general obligation bonds only if the bonds are authorized by a majority of the district voters voting at an election held for that purpose.
(b) The board may order a bond election on its own motion.
(c) The order must specify:
(1) the location of the polling places;
(2) the presiding election officers;
(3) the purpose for which the bonds are to be issued;
(4) the amount of the bonds to be authorized;
(5) the maximum interest rate of the bonds; and
(6) the maximum maturity date of the bonds.
(d) Notice of a bond election shall be given by publishing a substantial copy of the order in a newspaper of general circulation in Schleicher County once each week for two consecutive weeks before the date of the election. The first publication must occur at least 14 days before the date of the election.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.204. MATURITY OF GENERAL OBLIGATION BONDS. District general obligation bonds must mature not later than 40 years after the date of issuance.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a) The board president shall execute the general obligation bonds in the district's name.
(b) The board secretary shall countersign the bonds.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.206. REFUNDING BONDS. (a) District refunding bonds may be issued without an election and in the manner provided by this subchapter to refund outstanding bonds issued by the district.
(b) A refunding bond may be:
(1) sold, with the proceeds of the refunding bond applied to the payment of the outstanding bonds; or
(2) exchanged wholly or partly for not less than a similar amount of the outstanding bonds and the unpaid matured interest on those bonds.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
SUBCHAPTER F. TAXES
Sec. 1011.251. IMPOSITION OF AD VALOREM TAX. (a) On final approval of the budget, the board shall impose a tax on all taxable property in the district subject to district taxation.
(b) The board shall impose the tax to:
(1) pay the interest on and create a sinking fund for bonds issued by the district for hospital purposes as provided by this chapter;
(2) provide for the maintenance and operations of the hospital, hospital system, or related facilities;
(3) make improvements and additions to the hospital system; and
(4) acquire necessary sites for the hospital system by purchase, lease, or condemnation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.252. TAX RATE. The board may impose the tax at a rate not to exceed 75 cents on each $100 valuation of all taxable property in the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.
Sec. 1011.253. TAX ASSESSOR-COLLECTOR. The tax assessor-collector of Schleicher County shall assess and collect taxes imposed by the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.