Texas Special District Local Laws Code Title 3, Chapter 1038 - Hardeman County Hospital District

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 1038.001 - 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 1038.002 - Authority For Operation
  The district operates and is administered and financed in accordance with Section 9, Article IX, Texas Constitution, and has the rights, powers, and duties provided...
• Texas Section 1038.003 - Essential Public Function
  The district performs an essential public function in carrying out the purposes of this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B....
• Texas Section 1038.004 - District Territory
  The boundaries of the district are coextensive with the boundaries of County Commissioners Precincts Nos. 1, 2, and 4 of Hardeman County, Texas, as those...
• Texas Section 1038.005 - District Support And Maintenance Not State Obligation
  The support and maintenance of the district may not become a charge against or obligation of this state. Added by Acts 2007, 80th Leg., R.S.,...

SUBCHAPTER B DISTRICT ADMINISTRATION

• Texas Section 1038.006 - 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 1038.051 - Board Election; Term
  (a) The board consists of seven directors elected from the district at large. (b) The board shall declare the results of the election. (c) Directors...
• Texas Section 1038.052 - Notice Of Election
  The board shall publish notice of the election in a newspaper or newspapers that individually or collectively have general circulation in the district in accordance...
• Texas Section 1038.053 - Qualifications For Office
  (a) A person may not be elected or appointed as a director unless the person is: (1) a district resident; and (2) a qualified voter....
• Texas Section 1038.054 - Bond; Record Of Bond And Oath Or Affirmation Of Office
  (a) Each director may be required to execute a good and sufficient bond for $5,000 that is: (1) approved by the Commissioners Court of Hardeman...
• Texas Section 1038.055 - 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 1038.056 - Officers
  (a) The board shall elect: (1) a president and a vice president from among its members; and (2) a secretary, who need not be a...
• Texas Section 1038.057 - 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 1038.058 - Voting Requirement
  A concurrence of four directors is sufficient in any matter relating to district business. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166),...
• Texas Section 1038.059 - 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 1038.060 - 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 1038.061 - Attorney; Assistant District Administrator
  (a) The board may appoint qualified persons as: (1) the attorney for the district; and (2) the assistant district administrator. (b) The attorney for the...
• Texas Section 1038.062 - Appointment And Recruitment Of Staff And Employees
  (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...
• Texas Section 1038.063 - Personnel Contracts
  (a) The board may contract to provide administrative or other personnel for the operation of the hospital facilities. (b) The term of the contract may...

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 1038.064 - 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...
• Texas Section 1038.101 - District Responsibility
  The district has full responsibility for: (1) operating all hospital facilities; and (2) providing medical and hospital care for the district's needy inhabitants. Added by...
• Texas Section 1038.102 - Restriction On Political Subdivision Taxation And Debt
  A political subdivision located wholly or partly within the district may not impose a tax or issue bonds or other obligations for hospital purposes or...
• Texas Section 1038.103 - 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 1038.104 - Hospital System
  (a) The district shall provide for the establishment of a hospital system by: (1) purchasing, constructing, acquiring, repairing, or renovating buildings and equipment; (2) equipping...
• Texas Section 1038.105 - Rules
  The board may adopt rules governing the operation of the hospital, the hospital system, and the district's staff and employees. Added by Acts 2007, 80th...
• Texas Section 1038.106 - Purchasing And Accounting Procedures
  The board may prescribe: (1) the method and manner of making purchases and expenditures by and for the district; and (2) all accounting and control...
• Texas Section 1038.107 - District Property, Facilities, And Equipment
  (a) The board shall determine the type, number, and location of buildings required to maintain an adequate hospital system. (b) The board may: (1) purchase...
• Texas Section 1038.108 - 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...
• Texas Section 1038.109 - 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 1038.110 - Gifts And Endowments
  The board may accept for the district a gift or endowment to be held in trust for the purposes and under the directions, limitations, or...
• Texas Section 1038.111 - Construction Contracts
  A construction contract that requires the expenditure of more than the amount provided by Section 271.024, Local Government Code, may be made only after competitive...
• Texas Section 1038.112 - Operating And Management Contracts
  The board may enter into an operating or management contract relating to a district facility. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B....
• Texas Section 1038.113 - Interlocal Agreement
  The board may enter into an interlocal agreement with another political subdivision to operate the district. Added by Acts 2007, 80th Leg., R.S., Ch. 920...
• Texas Section 1038.114 - Contracts With Governmental Entities For Care And Treatment
  (a) The board may contract with a county or municipality located outside the district's boundaries to reimburse the district for the care and treatment of...
• Texas Section 1038.115 - Contracts With Governmental Entities For Investigatory Or Other Services
  The board may contract with a political subdivision or governmental agency as to the district to provide investigatory or other services as to facilities for...
• Texas Section 1038.116 - Payment For Treatment; Procedures
  (a) When a patient who resides in the district is admitted to a district facility, the district administrator may have an inquiry made into the...
• Texas Section 1038.117 - Nonprofit Corporation
  (a) The district may create and sponsor a nonprofit corporation under the Business Organizations Code and may contribute money to or solicit money for the...

SUBCHAPTER D GENERAL FINANCIAL PROVISIONS

• Texas Section 1038.118 - Authority To Sue And Be Sued
  The district, through the board, may sue and be sued. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April...
• Texas Section 1038.151 - Budget
  (a) The district administrator shall prepare an annual budget for approval by the board. (b) The proposed budget must contain a complete financial statement of:...
• Texas Section 1038.152 - 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 accordance with...
• Texas Section 1038.153 - Amendments To Budget
  The budget may be amended as required by circumstances. The board must approve all amendments. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B....
• Texas Section 1038.154 - 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 1038.155 - 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 1038.156 - 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 1038.157 - Inspection Of Annual Audit And District Records
  The annual audit and other district records shall be open to inspection at the district's principal office. Added by Acts 2007, 80th Leg., R.S., Ch....
• Texas Section 1038.158 - Financial Report
  As soon as practicable after the close of each fiscal year, the district administrator shall prepare for the board: (1) a complete sworn statement of...
• Texas Section 1038.159 - Depository
  (a) The board shall select one or more banks inside or outside the district to serve as a depository for district money. (b) District money,...
• Texas Section 1038.160 - Spending And Investment Restrictions
  (a) Except as otherwise provided by this chapter, the district may not incur an obligation payable from district revenue other than the revenue on hand...

SUBCHAPTER E BONDS

• Texas Section 1038.161 - Authority To Borrow Money; Security
  (a) The board may borrow money for district obligations at the time the loan is made. (b) To secure a loan, the board may pledge:...
• Texas Section 1038.201 - 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...
• Texas Section 1038.202 - Tax To Pay General Obligation Bonds
  (a) At the time general obligation bonds are issued by the district under Section 1038.201, the board shall impose an ad valorem tax at a...
• Texas Section 1038.203 - Bond Election
  (a) The district may issue bonds, other than refunding bonds, wholly or partly secured by an ad valorem tax only if the bonds are authorized...
• Texas Section 1038.204 - Maturity Of General Obligation Bonds
  District general obligation bonds must mature not later than 40 years after the date of issuance. Added by Acts 2007, 80th Leg., R.S., Ch. 920...
• Texas Section 1038.205 - 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 in the manner...
• Texas Section 1038.206 - Revenue Bonds
  (a) The board may issue revenue bonds to: (1) purchase, construct, acquire, repair, equip, or renovate buildings or improvements for hospital purposes; or (2) acquire...
• Texas Section 1038.207 - Refunding Bonds
  (a) The board may, without an election, issue refunding bonds to refund outstanding indebtedness issued or assumed by the district. (b) Refunding bonds may be:...
• Texas Section 1038.208 - 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...
• Texas Section 1038.209 - 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...

SUBCHAPTER F TAXES

• Texas Section 1038.210 - 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) the transfer...
• Texas Section 1038.251 - 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 1038.252 - 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 DISSOLUTION

• Texas Section 1038.253 - 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...
• Texas Section 1038.301 - 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)...
• Texas Section 1038.302 - Notice Of Election
  (a) The board shall give notice of an election under this subchapter by publishing once a week for two consecutive weeks the election order in...
• Texas Section 1038.303 - Ballot
  The ballot for an election under this subchapter must be printed to permit voting for or against the proposition: "The dissolution of the Hardeman County...
• Texas Section 1038.304 - 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)...
• Texas Section 1038.305 - 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 1038.306 - Sale Or Transfer Of Assets And Liabilities
  (a) The district may not be dissolved unless the board provides for the sale or transfer of the district's assets and liabilities to another person....
• Texas Section 1038.307 - 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 1038.308 - 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