Bill Text: TX SB1203 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the Knox County Hospital District; authorizing the imposition of a tax.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-12 - Referred to Intergovernmental Relations [SB1203 Detail]
Download: Texas-2013-SB1203-Introduced.html
83R6382 MEW-F | ||
By: Duncan | S.B. No. 1203 |
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relating to the Knox County Hospital District; authorizing the | ||
imposition of a tax. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1050.051(c), Special District Local Laws | ||
Code, is amended to read as follows: | ||
(c) The Commissioners Court of Knox County shall appoint two | ||
successor directors on or before the date on which directors are | ||
elected [ |
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SECTION 2. Section 1050.052, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 1050.052. NOTICE OF ELECTION. Notice [ |
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election of directors shall be published in accordance with Section | ||
4.003, Election Code, [ |
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circulation in Knox County. | ||
SECTION 3. Section 1050.053, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 1050.053. BALLOT APPLICATION [ |
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wants to have the person's name printed on the ballot as a candidate | ||
for elected director must file with the board secretary an | ||
application in accordance with Chapter 144, Election Code [ |
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SECTION 4. Section 1050.054(a), Special District Local Laws | ||
Code, is amended to read as follows: | ||
(a) A person is not qualified for appointment or election as | ||
a director unless the person: | ||
(1) is a district resident; and | ||
(2) [ |
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appointment or election. | ||
SECTION 5. Section 1050.058, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 1050.058. OFFICERS. The board shall elect from among | ||
its members a president, a vice president, and a secretary. | ||
SECTION 6. Section 1050.152(c), Special District Local Laws | ||
Code, is amended to read as follows: | ||
(c) Any district resident [ |
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(1) appear at the time and place designated in the | ||
notice; and | ||
(2) be heard regarding any item included in the | ||
proposed budget. | ||
SECTION 7. Section 1050.153, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 1050.153. FISCAL YEAR. (a) The [ |
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unless otherwise established by the board. | ||
(b) The fiscal year may not be changed: | ||
(1) during a period that revenue bonds of the district | ||
are outstanding; or | ||
(2) more than once in a 24-month period. | ||
SECTION 8. The heading to Section 1050.155, Special | ||
District Local Laws Code, is amended to read as follows: | ||
Sec. 1050.155. DEPOSITORY [ |
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SECTION 9. Sections 1050.155(a) and (b), Special District | ||
Local Laws Code, are amended to read as follows: | ||
(a) The board by resolution shall designate a bank [ |
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bank serves for two years until a successor is designated. | ||
(b) District money, other than money invested in accordance | ||
with Chapter 2256, Government Code, and money transmitted to a bank | ||
for payment of bonds or obligations issued by the district, [ |
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district depository. | ||
SECTION 10. Subchapter E, Chapter 1050, Special District | ||
Local Laws Code, is amended by adding Sections 1050.206, 1050.207, | ||
1050.208, and 1050.209 to read as follows: | ||
Sec. 1050.206. REVENUE BONDS. (a) The board may issue | ||
revenue bonds to: | ||
(1) acquire, purchase, construct, repair, renovate, | ||
or equip buildings or improvements for hospital purposes; or | ||
(2) acquire sites to be used for 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, including district facilities. | ||
(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 and in accordance | ||
with the procedures and requirements prescribed 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. 1050.207. REFUNDING BONDS. (a) The board may issue | ||
refunding bonds to refund outstanding indebtedness issued or | ||
assumed by the district. | ||
(b) A refunding bond may be: | ||
(1) sold, with the proceeds of the refunding bond | ||
applied to the payment of the indebtedness to be refunded; or | ||
(2) exchanged wholly or partly for not less than a | ||
similar principal amount of outstanding indebtedness. | ||
Sec. 1050.208. 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 | ||
1050.202 and revenue and other sources authorized by Section | ||
1050.206. | ||
Sec. 1050.209. 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 operation and 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 bond issuance; | ||
(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 11. Section 1050.254, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 1050.254. TAX ASSESSOR-COLLECTOR. The board may: | ||
(1) appoint a tax assessor-collector for the district; | ||
or | ||
(2) contract for the assessment and collection of | ||
taxes as provided by the Tax Code. [ |
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SECTION 12. Chapter 1050, Special District Local Laws Code, | ||
is amended by adding Subchapter G to read as follows: | ||
SUBCHAPTER G. DISSOLUTION | ||
Sec. 1050.301. 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 board shall order an election if the board receives | ||
a petition requesting an election that is signed by at least 15 | ||
percent of the registered voters in the district. | ||
(d) 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. | ||
(e) Section 41.001(a), Election Code, does not apply to an | ||
election ordered under this section. | ||
Sec. 1050.302. 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. 1050.303. BALLOT. The ballot for an election under | ||
this subchapter must be printed to permit voting for or against the | ||
proposition: "The dissolution of the Knox County Hospital | ||
District." | ||
Sec. 1050.304. 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. 1050.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a) | ||
If a majority of the votes in an 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 Knox | ||
County or another governmental entity in Knox 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 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. 1050.306. 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. 1050.307. 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 Knox County summarizing the board's actions in dissolving the | ||
district. | ||
(b) Not later than the 10th day after the date the | ||
Commissioners Court of Knox 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 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, 2013. |