Texas Special District Local Laws Code Title 3, Chapter 1059 - Mcculloch County Hospital District

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 1059.001 - Definitions
  Sec. 1059.001. DEFINITIONS.In this chapter: (1) "Board" means the board of directors of the district. (2) "Director" means a member of the board. (3) "District"...
• Texas Section 1059.002 - 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 1059.003 - 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 1059.004 - District Territory
  The boundaries of the district are coextensive with the boundaries of McCulloch County, Texas. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166),...
• Texas Section 1059.005 - District Support And Maintenance Not State Obligation
  The 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 1059.006 - 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 1059.051 - Board Election; Terms
  (a) The district is governed by a board of seven directors. (b) One director is elected from each commissioners precinct and three directors are elected...
• Texas Section 1059.052 - Notice Of Election
  Notice of an election of directors shall be published in accordance with Section 4.003, Election Code, in a newspaper with general circulation in the district....
• Texas Section 1059.053 - 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; (2) a...
• Texas Section 1059.054 - Bond; Record Of Bond
  (a) Before assuming the duties of office, each director must execute a bond for $5,000 that is: (1) payable to the district; and (2) conditioned...
• Texas Section 1059.055 - 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 1059.056 - 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 1059.057 - 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 1059.058 - 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 1059.059 - 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 1059.060 - 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 1059.061 - Employees; Appointment And Removal Of Staff
  (a) The board may: (1) appoint to or remove from the staff any doctors the board considers necessary for the efficient operation of the district...
• Texas Section 1059.062 - Recruitment Of Medical Staff And Professional Personnel
  The board may use innovative methods to recruit physicians, nurses, technicians, and other professional personnel, including: (1) scholarship programs; (2) agreements for future services; (3)...

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 1059.063 - 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 1059.101 - 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 1059.102 - Restriction On Political Subdivision Taxation And Debt
  McCulloch County, the City of Brady, and the McCulloch County Hospital Authority may not impose a tax or issue bonds or other obligations for hospital...
• Texas Section 1059.103 - 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 1059.104 - Rules
  The board may adopt rules governing: (1) the operation of the hospital and hospital system; and (2) the duties, functions, and responsibilities of district staff...
• Texas Section 1059.105 - 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 1059.106 - Mobile Emergency Medical Or Air Ambulance Service
  The district may operate or provide for the operation of a mobile emergency medical or air ambulance service. Added by Acts 2007, 80th Leg., R.S.,...
• Texas Section 1059.107 - District Property, Facilities, Equipment, And Services
  (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 1059.108 - 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 1059.109 - 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 1059.110 - 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 1059.111 - Construction Contracts
  (a) The board may enter into construction contracts for the district. (b) The board may enter into a construction contract that involves the expenditure of...
• Texas Section 1059.112 - 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 1059.113 - 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 1059.114 - 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 1059.115 - Policies Or Rules On Indigent Health Care
  (a) The district may adopt, amend, or repeal policies or rules relating to indigent health care that include: (1) eligibility of patients for indigent health...
• Texas Section 1059.116 - 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 1059.117 - Authority To Sue And Be Sued
  (a) The board may sue and be sued on behalf of the district. (b) The district may assert any defense or counterclaim the McCulloch County...
• Texas Section 1059.151 - 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 1059.152 - 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 1059.153 - Amendments To 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 1059.154 - 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 1059.155 - Fiscal Year
  (a) The district operates on a fiscal year established by the board. (b) The fiscal year may not be changed: (1) when revenue bonds of...
• Texas Section 1059.156 - 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 1059.157 - Inspection Of Annual Audit And District Records
  The annual audit and other district records are open to inspection during regular business hours at the district's principal office. Added by Acts 2007, 80th...
• Texas Section 1059.158 - 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 1059.159 - 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 1059.160 - Spending And Investment Restrictions
  (a) Except as provided by Sections 1059.111, 1059.201, 1059.204, and 1059.205, the district may not incur a debt payable from district revenue other than the...

SUBCHAPTER E BONDS

• Texas Section 1059.161 - Authority To Borrow Money
  (a) The district may borrow money for district operating expenses in an amount not to exceed the amount of tax revenue the district expects to...
• Texas Section 1059.201 - General Obligation Bonds
  The board may issue and sell general obligation bonds authorized by an election in the name and on the faith and credit of the district...
• Texas Section 1059.202 - Tax To Pay General Obligation Bonds
  (a) At the time general obligation bonds are issued by the district under Section 1059.201, the board shall impose an ad valorem tax at a...
• Texas Section 1059.203 - 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 voting at an election...
• Texas Section 1059.204 - Revenue Bonds
  (a) The board may issue revenue bonds to: (1) purchase, construct, acquire, repair, equip, or renovate buildings or improvements for hospital purposes, including the purposes...
• Texas Section 1059.205 - 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,...
• Texas Section 1059.206 - 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 1059.207 - Execution Of Bonds
  (a) The board president shall execute the district's bonds in the district's name. (b) The board secretary shall countersign the bonds in the manner provided...

SUBCHAPTER F AD VALOREM TAX

• Texas Section 1059.208 - 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) any transaction...
• Texas Section 1059.251 - 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 1059.252 - 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 1059.253 - 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 1059.301 - 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 1059.302 - 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 1059.303 - Ballot
  The ballot for an election under this subchapter must be printed to permit voting for or against the proposition: "The dissolution of the McCulloch County...
• Texas Section 1059.304 - 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 1059.305 - 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 1059.306 - 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 1059.307 - 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 1059.308 - 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