Texas Special District Local Laws Code Title 3, Chapter 1046 - Jackson County Hospital District

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 1046.001 - 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 1046.002 - 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 1046.003 - 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 1046.004 - District Territory
  The boundaries of the district are coextensive with the boundaries of Jackson County. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec....
• Texas Section 1046.005 - 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.,...
• Texas Section 1046.006 - 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.,...

SUBCHAPTER B DISTRICT ADMINISTRATION

• Texas Section 1046.007 - Election Date
  Section 41.001(a), Election Code, does not apply to an election held under this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166),...
• Texas Section 1046.051 - Board Election; Term
  (a) The board consists of nine directors elected from the district by position as follows: (1) two directors from each commissioners precinct; and (2) one...
• Texas Section 1046.052 - Notice Of Election
  (a) Except as provided by Subsection (b), at least 30 days before the date of an election of directors, the board shall publish notice of...
• Texas Section 1046.053 - Form Of Ballot At Runoff Election
  Of the names printed on the ballot at a runoff election, the name of the candidate who received the higher number of votes at the...
• Texas Section 1046.054 - Modification Of Term
  (a) Notwithstanding Section 1046.051, the board, on its own motion, may order that directors serve staggered three-year or four-year terms. After an initial change under...
• Texas Section 1046.055 - 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 1046.056 - Bond; Record Of Bond And Oath Or Affirmation Of Office
  (a) As soon as practicable after a director is elected or appointed, the director shall execute a bond for $5,000 that is: (1) approved by...
• Texas Section 1046.057 - 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 1046.058 - Officers
  (a) The board shall elect a president, vice president, and secretary from among its members. (b) Each officer of the board serves for a term...
• Texas Section 1046.059 - Compensation; Expenses
  A director serves without compensation but may be reimbursed for travel or other expenses incurred on the district's behalf if: (1) the director presents a...
• Texas Section 1046.060 - Voting Requirement
  Except as provided by Sections 1046.119 and 1046.122, a concurrence of five directors is required in any matter relating to district business. Added by Acts...
• Texas Section 1046.061 - Administrator For Each District Hospital
  (a) The board may appoint a qualified administrator for each district hospital. (b) An administrator serves at the will of the board and is entitled...
• Texas Section 1046.062 - Appointment And Removal 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 1046.063 - Attorney; Assistant Hospital Administrator
  (a) The board may appoint: (1) an attorney for the district; and (2) a qualified assistant administrator for each district hospital. (b) The attorney for...
• Texas Section 1046.064 - General Duties Of Administrator
  (a) The board may delegate to the administrator for the district or the administrators for each district hospital the power to manage and operate all...
• Texas Section 1046.065 - Retirement Benefits
  The district may provide retirement benefits for district employees by: (1) creating and administering a public retirement system for the district; (2) participating in the...

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 1046.066 - Seal
  The board shall adopt a seal for the district. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1,
• Texas Section 1046.101 - District Responsibility
  The district has full responsibility for providing medical and hospital care for the district's needy inhabitants. Added by Acts 2007, 80th Leg., R.S., Ch. 920...
• Texas Section 1046.102 - Board Responsibility
  The board shall provide for the administration, maintenance, and operation of a hospital transferred to the district to furnish adequate medical and hospital care in...
• Texas Section 1046.103 - Restriction On Political Subdivision Taxation And Debt
  A political subdivision other than the district may not impose a tax or issue bonds or other obligations for hospital purposes or to provide medical...
• Texas Section 1046.104 - Management, Control, And Administration
  The board shall: (1) manage and control all district affairs; and (2) manage, control, and administer the hospital system and the district's money and resources....
• Texas Section 1046.105 - 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 1046.106 - Rules
  (a) The board may adopt rules governing the operation of the hospital, the hospital system, and the district's staff and employees. (b) The board shall...
• Texas Section 1046.107 - 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 1046.108 - 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 purchase all...
• Texas Section 1046.109 - 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 1046.110 - 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 1046.111 - 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 1046.112 - Construction Contracts
  A construction contract that involves the expenditure of more than $10,000 may be made only after advertising in the manner provided by Subchapter B, Chapter...
• Texas Section 1046.113 - Operating And Management Contracts
  The board may enter into an operating or management contract relating to a district hospital or the hospital system. Added by Acts 2007, 80th Leg.,...
• Texas Section 1046.114 - Contract In Name Of District
  The district shall contract in the name of the district. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April...
• Texas Section 1046.115 - 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 1046.116 - Provision Of Services Outside District
  The district may provide health care services outside the district's boundaries provided that the services serve the purposes of the district. Added by Acts 2007,...
• Texas Section 1046.117 - 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 facilities for the...
• Texas Section 1046.118 - Leases
  (a) The board may lease all or part of the facilities comprising the hospitals or hospital system on terms the board considers to be in...
• Texas Section 1046.119 - Authority To Sell Or Close Certain District Hospitals
  (a) The board may not sell or close a hospital transferred to the district by the Edna Hospital District unless the sale or closing is...
• Texas Section 1046.120 - Payment For Treatment; Procedures
  (a) When a patient who resides in the district is admitted to a district facility, the administrator for the hospital to which the patient is...
• Texas Section 1046.121 - 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 1046.122 - Recommendation Of Legislation; Notice
  (a) The board may not recommend to the legislature legislation to amend this chapter unless the recommendation is approved by a concurrence of seven directors....
• Texas Section 1046.151 - Budget
  (a) Each administrator shall prepare an annual budget for each hospital for which that person is the administrator. The board shall combine these budgets into...
• Texas Section 1046.152 - 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 in a newspaper of...
• Texas Section 1046.153 - 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 1046.154 - 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 1046.155 - 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 1046.156 - 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 1046.157 - 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 1046.158 - Financial Report
  As soon as practicable after the close of each fiscal year, the administrators shall prepare for the board: (1) a complete sworn statement of all...
• Texas Section 1046.159 - Depository
  (a) After advertising in the manner provided by Chapter 252 and Subchapter C, Chapter 262, Local Government Code, the board shall choose by competitive bidding...
• Texas Section 1046.160 - Spending And Investment Restrictions
  (a) Except as otherwise provided by Section 1046.108(c), Section 1046.161, and Subchapter E, the district may not incur an obligation payable from district revenue other...

SUBCHAPTER E BONDS

• Texas Section 1046.161 - Authority To Borrow Money; Security
  (a) The district may incur a debt or borrow money on the credit of the district or secured by any source of revenue, including district...
• Texas Section 1046.201 - General Obligation Bonds
  The board may issue and sell general obligations bonds in the name and on the faith and credit of the district for any purpose relating...
• Texas Section 1046.202 - Tax To Pay General Obligation Bonds
  (a) At the time general obligation bonds are issued by the district under Section 1046.201, the board shall impose an ad valorem tax at a...
• Texas Section 1046.203 - 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. (b) The board, in...
• Texas Section 1046.204 - 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 1046.205 - 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 1046.206 - Revenue Bonds
  (a) The board may issue revenue bonds to: (1) purchase, construct, acquire, repair, renovate, or equip buildings or improvements for hospital purposes; or (2) acquire...
• Texas Section 1046.207 - Refunding Bonds
  (a) The board may, without an election, issue refunding bonds to refund outstanding indebtedness issued or assumed by the district. (b) A refunding bond may...

SUBCHAPTER F TAXES

• Texas Section 1046.208 - 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 1046.251 - Imposition Of Ad Valorem Tax
  (a) The board may impose a tax on all property in the district subject to district taxation. (b) The board may impose the tax to...
• Texas Section 1046.252 - 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 1046.253 - Assessment And Collection By County Tax Assessor-collector
  (a) This section applies unless the board elects to have taxes assessed and collected under Section 1046.254. (b) The tax assessor-collector of Jackson County shall...
• Texas Section 1046.254 - Assessment And Collection By District Tax Assessor-collector
  (a) The board may elect to have district taxes assessed and collected by a tax assessor-collector appointed by the board. An election under this subsection...

Last modified: September 28, 2016