Texas Special District Local Laws Code Title 3, Chapter 1039 - Hemphill County Hospital District

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 1039.001 - 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 1039.002 - 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 1039.003 - 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 1039.004 - District Territory
  The boundaries of the district are coextensive with the boundaries of Hemphill County, Texas. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166),...
• Texas Section 1039.005 - 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 1039.006 - 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 1039.051 - Board Election; Term
  (a) Except as provided by Section 1039.052, the board consists of five directors elected from the district at large. (b) Directors serve staggered two-year terms...
• Texas Section 1039.052 - Alternative Director Election
  (a) As an alternative to electing directors at large, the board may: (1) provide for all or some directors to be elected from single-member districts;...
• Texas Section 1039.053 - Notice Of Election
  At least 30 days before the date of an election of directors, notice of the election shall be published one time in a newspaper or...
• Texas Section 1039.054 - 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 1039.055 - 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 1039.056 - 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 1039.057 - 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 1039.058 - Voting Requirement
  A concurrence of three 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 1039.059 - District Administrator; Assistant Administrator
  (a) The board shall appoint a qualified person to serve as district administrator of the hospital system and ancillary health care system. (b) The board...
• Texas Section 1039.060 - 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 1039.061 - Emergency Action
  (a) In an emergency, the district administrator may take any lawful action necessary to preserve district assets or protect patient health and safety. (b) As...

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 1039.062 - Employees; Appointment Of Staff
  (a) The board may appoint to the staff any doctors the board considers necessary for the efficient operation of the hospital system and the ancillary...
• Texas Section 1039.101 - District Responsibility
  The district has full responsibility for operating all hospital facilities for providing medical and hospital care for the district's needy inhabitants. Added by Acts 2007,...
• Texas Section 1039.102 - 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 1039.103 - Management, Control, And Administration
  The board shall manage, control, and administer the hospital system and ancillary health care system and the district's money and resources. Added by Acts 2007,...
• Texas Section 1039.104 - 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 1039.105 - Rules
  The board may adopt rules governing the operation of the district, the hospital system and ancillary health care system, and the district's staff and employees....
• Texas Section 1039.106 - Purchasing And Accounting Procedures
  The board may prescribe: (1) the method of making purchases and expenditures by and for the district; and (2) all accounting and control procedures. Added...
• Texas Section 1039.107 - District Property, Facilities, Equipment, And Services
  (a) The board shall determine the type, number, and location, either inside or outside the district, of facilities and services required to maintain an adequate...
• Texas Section 1039.108 - 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 1039.109 - Cost Of Relocating Or Altering Property
  In exercising the power of eminent domain, if the board requires relocating, raising, lowering, rerouting, changing the grade, or altering the construction of any railroad,...
• Texas Section 1039.110 - 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...
• Texas Section 1039.111 - Construction Contracts
  A construction contract must be made in the manner provided by Subchapter B, Chapter 271, Local Government Code. Added by Acts 2007, 80th Leg., R.S.,...
• Texas Section 1039.112 - Operating And Management Contracts
  The board may enter into an operating or management contract with one or more public or private entities relating to a district facility or service....
• Texas Section 1039.113 - Contracts With Governmental Entities For Treatment
  The board may contract with a county, a municipality, this state, or a federal agency for the treatment of a sick or injured person. Added...
• Texas Section 1039.114 - Contracts With Governmental Entities For Investigatory Or Other Services
  The board may contract with a political subdivision or governmental agency for the district to provide investigatory or other services as to the medical, hospital,...
• Texas Section 1039.115 - Joint Ownership Arrangement
  The board may enter into a joint ownership arrangement for the district with a public or private entity to provide management or operating services if...
• Texas Section 1039.116 - 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 1039.117 - 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...

SUBCHAPTER D GENERAL FINANCIAL PROVISIONS

• Texas Section 1039.118 - Election Date
  Notwithstanding Section 41.001(a), Election Code, the board may choose the date for an election held under this chapter. Added by Acts 2007, 80th Leg., R.S.,...
• Texas Section 1039.151 - Budget
  (a) The district administrator shall prepare an annual budget for approval by the board. (b) The budget must contain a complete financial statement of: (1)...
• Texas Section 1039.152 - Notice; Hearing; Adoption Of Budget
  (a) The board shall hold a public hearing on the proposed annual budget. (b) Notice of the hearing must be published one time in a...
• Texas Section 1039.153 - 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 1039.154 - 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 1039.155 - Fiscal Year
  (a) The district operates on a fiscal year established by the board. (b) The fiscal year may not be changed more than once in a...
• Texas Section 1039.156 - Annual Audit
  (a) As soon as practicable after the end of each district fiscal year, the board shall have an audit made of the district's finances that...
• Texas Section 1039.157 - 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 1039.158 - 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 1039.159 - Spending And Investment Restrictions
  (a) Except as otherwise provided by Section 1039.107(c) and by Subchapter E, the district may not incur an obligation payable from district revenue other than...

SUBCHAPTER E BONDS

• Texas Section 1039.160 - Tax Exemption
  All property owned by the district is exempt from taxation by this state or a political subdivision of this state. Added by Acts 2007, 80th...
• Texas Section 1039.201 - 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: (1) the purchase,...
• Texas Section 1039.202 - Tax To Pay General Obligation Bonds
  (a) At the time general obligation bonds are issued by the district under Section 1039.201, the board shall impose an ad valorem tax at a...
• Texas Section 1039.203 - General Obligation Bond Election
  (a) The district may issue bonds payable from taxes only if the bonds are authorized by a majority of the district voters. (b) The order...
• Texas Section 1039.204 - Revenue Bonds
  (a) The board may issue revenue bonds to: (1) purchase, construct, acquire, repair, renovate, or equip buildings or improvements for hospital and ancillary health care...
• Texas Section 1039.205 - Refunding Bonds
  (a) The board may, without an election, issue refunding bonds payable from taxes or revenue to refund outstanding indebtedness issued, incurred, or assumed by the...
• Texas Section 1039.206 - Maturity Of Bonds
  District bonds payable from taxes or revenue must mature not later than 40 years after the date of issuance. Added by Acts 2007, 80th Leg.,...
• Texas Section 1039.207 - Execution Of Bonds
  (a) The board president shall execute, in the district's name, district bonds payable from taxes or revenue. (b) The board secretary shall countersign the bonds...

SUBCHAPTER F TAXES

• Texas Section 1039.208 - 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 1039.251 - Imposition Of Ad Valorem Tax
  (a) The board shall annually impose a tax on all property in the district subject to district taxation. (b) The board shall impose the tax...
• Texas Section 1039.252 - Tax Rate
  (a) The board may impose the tax at a rate not to exceed 75 cents on each $100 valuation of taxable property in the district....
• Texas Section 1039.253 - 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...

Last modified: September 28, 2016