Texas Special District Local Laws Code Title 3, Chapter 1036 - Hamilton County Hospital District

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 1036.001 - 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...
• Texas Section 1036.002 - Authority For Operation
  The district operates and is financed as provided by Section 9, Article IX, Texas Constitution, and by this chapter. Added by Acts 2007, 80th Leg.,...
• Texas Section 1036.003 - Essential Public Function
  The district is a public entity performing an essential public function. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff....
• Texas Section 1036.004 - District Territory
  The boundaries of the district are coextensive with the boundaries of Commissioners Precincts 1, 2, and 4 of Hamilton County as those boundaries existed on...
• Texas Section 1036.005 - District Support And Maintenance Not State Obligation
  This state may not become obligated for the support or maintenance of the district. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166),...

SUBCHAPTER B DISTRICT ADMINISTRATION

• Texas Section 1036.006 - Restriction On State Financial Assistance
  The legislature may not make a direct appropriation for the construction, maintenance, or improvement of a district facility. Added by Acts 2007, 80th Leg., R.S.,...
• Texas Section 1036.051 - Board Election; Term
  (a) The district is governed by a board of five directors. (b) One director is elected from each commissioners precinct included in the district and...
• Texas Section 1036.052 - Notice Of Election
  Notice of the election shall be published in accordance with Section 4.003, Election Code, in a newspaper with general circulation in the district. Added by...
• Texas Section 1036.053 - Ballot Application
  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 an...
• Texas Section 1036.054 - Qualifications For Office
  (a) To be eligible to be a candidate for or to serve as a director, a person must be: (1) a district resident; and (2)...
• Texas Section 1036.055 - Board Vacancy
  If a vacancy occurs in the office of director, the remaining directors shall appoint a director for the unexpired term. Added by Acts 2007, 80th...
• Texas Section 1036.056 - Officers
  (a) The board shall elect a president and a vice president from among its members. (b) The board shall appoint a secretary, who need not...
• Texas Section 1036.057 - Compensation; Expenses
  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:...
• Texas Section 1036.058 - Voting Requirement
  A concurrence of a majority of the directors voting is necessary in any matter relating to district business. Added by Acts 2007, 80th Leg., R.S.,...
• Texas Section 1036.059 - District Administrator
  (a) The board may appoint a qualified person as district administrator. (b) The district administrator serves at the will of the board and is entitled...
• Texas Section 1036.060 - 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...
• Texas Section 1036.061 - Assistant District Administrator; Attorney
  (a) The board may appoint qualified persons as: (1) the assistant district administrator; and (2) the attorney for the district. (b) The assistant district administrator...
• Texas Section 1036.062 - Employees; Appointment Of Staff
  (a) The board may appoint to the staff any doctors the board considers necessary for the efficient operation of the district and may make temporary...

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 1036.063 - 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...
• Texas Section 1036.101 - District Responsibility
  The district has full responsibility for: (1) operating hospital facilities; and (2) providing medical and hospital care for the district's needy inhabitants. Added by Acts...
• Texas Section 1036.102 - Restriction On County Taxation And Debt
  Hamilton County may not impose a tax or issue bonds or other obligations for hospital purposes or to provide medical care for district residents. Added...
• Texas Section 1036.103 - Management, Control, And Administration
  The board shall manage, control, and administer the hospital system and the district's money and resources. Added by Acts 2007, 80th Leg., R.S., Ch. 920...
• Texas Section 1036.104 - Rules
  The board may adopt rules governing: (1) the operation of the hospital and hospital system; and (2) the duties, functions, and responsibilities of the district...
• Texas Section 1036.105 - 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...
• Texas Section 1036.106 - Mobile Emergency Medical Service
  The district may operate or provide for the operation of a mobile emergency medical service. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B....
• Texas Section 1036.107 - 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...
• Texas Section 1036.108 - 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...
• Texas Section 1036.109 - Cost Of Relocating Or Altering Property
  In exercising the power of eminent domain, if the board requires relocating, raising, lowering, rerouting, changing the grade of, or altering the construction of any...
• Texas Section 1036.110 - 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...
• Texas Section 1036.111 - Construction Contracts
  (a) The board may enter into construction contracts for the district. (b) The board may enter into a construction contract that involves an expenditure of...
• Texas Section 1036.112 - Operating And Management Contracts
  The board may enter into an operating or management contract relating to a hospital facility for the district. Added by Acts 2007, 80th Leg., R.S.,...
• Texas Section 1036.113 - Contracts With Governmental Entities For Services
  The board may contract with a political subdivision of this state or with a state or federal agency for the district to: (1) furnish a...
• Texas Section 1036.114 - 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...
• Texas Section 1036.115 - Reimbursement For Services
  (a) The board shall require a county, municipality, or public hospital located outside the district to reimburse the district for the district's care and treatment...

SUBCHAPTER D GENERAL FINANCIAL PROVISIONS

• Texas Section 1036.116 - Authority To Sue And Be Sued
  The board may sue and be sued on behalf of the district. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02,...
• Texas Section 1036.151 - 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...
• Texas Section 1036.152 - Notice; Hearing; Adoption Of Budget
  (a) The board shall hold a public hearing on the proposed annual budget. (b) The board shall publish notice of the hearing in a newspaper...
• Texas Section 1036.153 - Amendment Of Budget
  After adoption, the annual budget may be amended on the board's approval. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02,...
• Texas Section 1036.154 - Restriction On Expenditures
  Money may be spent only for an expense included in the budget or an amendment to the budget. Added by Acts 2007, 80th Leg., R.S.,...
• Texas Section 1036.155 - Fiscal Year
  (a) The district operates on a fiscal year established by the board. (b) The fiscal year may not be changed: (1) during a period that...
• Texas Section 1036.156 - Annual Audit
  The board annually shall have an audit made of the district's financial condition. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec....
• Texas Section 1036.157 - Inspection Of Annual Audit And District Records
  The annual audit and other district records shall be open to inspection during regular business hours at the district's principal office. Added by Acts 2007,...
• Texas Section 1036.158 - Financial Report
  As soon as practicable after the close of the fiscal year, the district administrator shall prepare for the board: (1) a sworn statement of the...
• Texas Section 1036.159 - Depository
  (a) The board shall select at least one bank to serve as a depository for district money. (b) District money, other than money invested as...
• Texas Section 1036.160 - Spending And Investment Restrictions
  (a) Except as provided by Sections 1036.111, 1036.161, 1036.201, 1036.204, 1036.205, and 1036.210, the district may not incur a debt payable from district revenue other...

SUBCHAPTER E BONDS

• Texas Section 1036.161 - Authority To Borrow Money; Security
  (a) The board may borrow money at a rate not to exceed the maximum annual percentage rate allowed by law for district obligations at the...
• Texas Section 1036.201 - 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...
• Texas Section 1036.202 - Tax To Pay General Obligation Bonds
  (a) At the time general obligation bonds are issued by the district under Section 1036.201, the board shall impose an ad valorem tax at a...
• Texas Section 1036.203 - Bond Election
  (a) The district may issue general obligation bonds or other bonds secured wholly or partly by an ad valorem tax, other than refunding bonds, only...
• Texas Section 1036.204 - Revenue Bonds
  (a) The board may issue revenue bonds to: (1) purchase, construct, acquire, repair, renovate, or equip buildings or improvements for hospital purposes; (2) acquire sites...
• Texas Section 1036.205 - Refunding Bonds
  (a) The board may issue refunding bonds to refund an outstanding indebtedness issued or assumed by the district. (b) Refunding bonds may be: (1) sold,...
• Texas Section 1036.206 - 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...
• Texas Section 1036.207 - Maturity Of Bonds
  District bonds must mature not later than 50 years after the date of issuance. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166),...
• Texas Section 1036.208 - 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...
• Texas Section 1036.209 - Bonds Exempt From Taxation
  The following are exempt from taxation by this state or a political subdivision of this state: (1) bonds issued by the district; (2) any transaction...

SUBCHAPTER F TAXES

• Texas Section 1036.210 - 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...
• Texas Section 1036.251 - Imposition Of Ad Valorem Tax
  (a) The board may impose a tax on all property in the district subject to district taxation. (b) The tax may be used to pay:...
• Texas Section 1036.252 - Tax Rate
  (a) The board may impose the tax at a rate not to exceed the limit approved by the voters at the election authorizing the imposition...

SUBCHAPTER G EXPANSION OF DISTRICT TERRITORY

• Texas Section 1036.253 - 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...

SUBCHAPTER H DISSOLUTION

• Texas Section 1036.301 - Expansion Of District Territory To Entire County
  The district may expand its territory boundaries to be coextensive with the boundaries of the county in the manner provided by Section 286.101, Health and...
• Texas Section 1036.401 - 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)...
• Texas Section 1036.402 - 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...
• Texas Section 1036.403 - Ballot
  The ballot for an election under this subchapter must be printed to permit voting for or against the proposition: "The dissolution of the Hamilton County...
• Texas Section 1036.404 - 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)...
• Texas Section 1036.405 - Transfer Or Administration Of Assets
  (a) If a majority of the votes in the election held under this subchapter favor dissolution, the board shall: (1) transfer the land, buildings, improvements,...
• Texas Section 1036.406 - 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...
• Texas Section 1036.407 - 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...

Last modified: September 28, 2016