Texas Special District Local Laws Code Title 3, Chapter 1063 - Montgomery County Hospital District

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 1063.001 - 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 1063.002 - Authority For Operation
  The Montgomery County Hospital District operates and is administered and financed in accordance with Section 9, Article IX, Texas Constitution, and has the rights, powers,...
• Texas Section 1063.003 - Essential Public Function
  The district performs an essential public function in carrying out the purposes of this chapter. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B....
• Texas Section 1063.004 - District Territory
  The boundaries of the district are coextensive with the boundaries of Montgomery County, Texas. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619),...
• Texas Section 1063.005 - 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 2009, 81st Leg., R.S.,...

SUBCHAPTER B DISTRICT ADMINISTRATION

• Texas Section 1063.006 - 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 2009, 81st Leg., R.S.,...
• Texas Section 1063.051 - Board Election; Term
  (a) The board consists of seven directors elected as follows: (1) one director elected from each county commissioners precinct; and (2) three directors elected from...
• Texas Section 1063.052 - Qualifications For Office
  (a) A person may not be elected or appointed as a director unless the person: (1) is more than 21 years of age at the...
• Texas Section 1063.053 - Ballot Petition
  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 a...
• Texas Section 1063.054 - Notice Of Election
  At least 10 days before the date of a regular election of directors, notice of the election shall be published one time in a newspaper...
• Texas Section 1063.055 - Runoff Election
  (a) If no candidate for a particular director position at a regular directors' election receives a majority of the votes of the voters voting in...
• Texas Section 1063.056 - Board Vacancy
  (a) If a vacancy occurs in the office of director, the remaining directors shall appoint a director for the unexpired term. (b) If the number...
• Texas Section 1063.057 - Officers
  The board shall elect from among its members a presiding officer, assistant presiding officer, treasurer, and secretary. Added by Acts 2009, 81st Leg., R.S., Ch....
• Texas Section 1063.058 - Compensation
  A director serves without compensation. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.01, eff. April 1, 2011.
• Texas Section 1063.059 - Bond; Record Of Bond
  (a) Each director shall execute a good and sufficient bond for $1,000 that is: (1) payable to the district; and (2) conditioned on the faithful...
• Texas Section 1063.060 - Voting Requirement
  A concurrence of a majority of the directors present is sufficient in any matter relating to district business. Added by Acts 2009, 81st Leg., R.S.,...
• Texas Section 1063.061 - Calling Meetings
  The presiding officer or any four directors may call a board meeting. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.01,...
• Texas Section 1063.062 - Chief Administrative Officer; Assistant Administrator
  (a) The board shall appoint a qualified person as the district's chief administrative officer. That officer shall be known as the district president or by...
• Texas Section 1063.063 - General Duties Of Chief Administrative Officer
  Subject to the limitations prescribed by the board, the chief administrative officer shall: (1) supervise the work and activities of the district; and (2) direct...
• Texas Section 1063.064 - Appointment 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...

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 1063.065 - 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 1063.101 - District Responsibility
  The district has full responsibility for providing medical and hospital care for the district's needy inhabitants. Added by Acts 2009, 81st Leg., R.S., Ch. 1139...
• Texas Section 1063.102 - 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 or health...
• Texas Section 1063.103 - Management, Control, And Administration
  The board shall manage, control, and administer the health care or hospital system and the district's money and resources. Added by Acts 2009, 81st Leg.,...
• Texas Section 1063.104 - Health Care Or Hospital System
  (a) The district shall provide for: (1) the establishment of a health care or hospital system by: (A) purchasing, constructing, acquiring, repairing, or renovating buildings...
• Texas Section 1063.105 - Rules
  The board may adopt rules governing the operation of the hospital, the health care or hospital system, and the district's staff and employees. Added by...
• Texas Section 1063.106 - 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 1063.107 - District Property, Facilities, And Equipment
  (a) The board shall determine the type, number, and location of buildings required to maintain an adequate health care or hospital system. (b) The board...
• Texas Section 1063.108 - Takeover Of Nonprofit Hospital Property
  The district may take over and may accept title to land, buildings, improvements, and equipment of a nonprofit hospital in the district if the governing...
• Texas Section 1063.109 - 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 1063.110 - Cost Of Relocating Or Altering Property
  In exercising the power of eminent domain, if the board requires the relocation, raising, lowering, rerouting, or change in grade or alteration in the construction...
• Texas Section 1063.111 - 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 1063.112 - Construction Contracts
  A construction contract that involves the expenditure of more than the amount provided by Section 271.024, Local Government Code, may be made only after advertising...
• Texas Section 1063.113 - Operating And Management Contracts
  The board may enter into an operating or management contract relating to a district facility. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B....
• Texas Section 1063.114 - Contracts With Governmental Entities For Care And Treatment
  (a) The board may contract with a county or municipality located outside the district's boundaries for the care and treatment of a sick or injured...
• Texas Section 1063.115 - Contracts For Health Care Services
  (a) As permitted by the Texas Constitution and Chapter 61, Health and Safety Code, the district may: (1) enter into a contract relating to the...
• Texas Section 1063.116 - 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 for the medical, health care,...
• Texas Section 1063.117 - Payment For Treatment; Procedures
  (a) When a patient who resides in the district is admitted to a district facility, the chief administrative officer may have an inquiry made into...
• Texas Section 1063.1175 - Additional Powers Related To Indigent Health Care
  In addition to the powers otherwise provided by this chapter, the district may exercise any power granted to a county or a public hospital by...
• Texas Section 1063.118 - Nonprofit Corporation
  (a) The district may create and sponsor a nonprofit corporation under the Business Organizations Code and may contribute or cause to be contributed available funds...

SUBCHAPTER D GENERAL FINANCIAL PROVISIONS

• Texas Section 1063.119 - Authority To Sue And Be Sued
  The district, through the board, may sue and be sued. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.01, eff. April...
• Texas Section 1063.151 - Budget
  (a) The chief administrative officer shall prepare an annual budget for approval by the board. (b) The proposed budget must contain a complete financial statement...
• Texas Section 1063.152 - 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 at least...
• Texas Section 1063.153 - Amendments To Budget
  The budget may be amended as required by circumstances. The board must approve all amendments. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B....
• Texas Section 1063.154 - Restriction On Expenditures
  Money may be spent only for an expense included in the budget or an amendment to the budget. Added by Acts 2009, 81st Leg., R.S.,...
• Texas Section 1063.155 - Fiscal Year
  (a) The district operates according to a fiscal year established by the board. (b) The fiscal year may not be changed: (1) during a period...
• Texas Section 1063.156 - Audit
  The board shall have an audit made of the district's financial condition. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.01,...
• Texas Section 1063.157 - Inspection Of Audit And District Records
  The audit and other district records shall be open to inspection at the district's principal office. Added by Acts 2009, 81st Leg., R.S., Ch. 1139...
• Texas Section 1063.158 - Financial Report
  As soon as practicable after the close of each fiscal year, the chief administrative officer shall prepare for the board: (1) a complete sworn statement...
• Texas Section 1063.159 - Depository
  (a) The board shall select one or more banks in the district to serve as a depository for district money. (b) District money, other than...

SUBCHAPTER E BONDS

• Texas Section 1063.160 - Spending And Investment Restrictions
  (a) Except as otherwise provided by Section 1063.107(d) and by Subchapter E, the district may not incur an obligation payable from district revenue other than...
• Texas Section 1063.201 - 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 1063.202 - Tax To Pay General Obligation Bonds
  (a) At the time general obligation bonds are issued by the district under Section 1063.201, the board shall impose an ad valorem tax at a...
• Texas Section 1063.203 - 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 election order...
• Texas Section 1063.204 - Maturity Of General Obligation Bonds
  District general obligation bonds must mature not later than 40 years after the date of issuance. Added by Acts 2009, 81st Leg., R.S., Ch. 1139...
• Texas Section 1063.205 - 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 1063.206 - Revenue Bonds
  (a) The district may issue revenue bonds or certificates of obligation or may incur or assume any other debt only if authorized by a majority...
• Texas Section 1063.207 - 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...
• Texas Section 1063.208 - 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 1063.209 - Tax Anticipation Notes
  (a) The board may: (1) declare an emergency because money is not available to: (A) pay the principal of and interest on any district bonds...

SUBCHAPTER F TAXES

• Texas Section 1063.210 - Certificates Of Obligation
  (a) The district may issue and sell certificates of obligation for a purpose permitted under this chapter. (b) The certificates of obligation must be issued...
• Texas Section 1063.251 - Imposition Of Ad Valorem Tax
  (a) The board shall impose an ad valorem tax on all taxable property in the district subject to district taxation. (b) The board shall impose...
• Texas Section 1063.252 - 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 1063.253 - Assessment And Collection By County Tax Assessor-collector
  (a) This section applies unless the board elects to have district taxes assessed and collected under Section 1063.254. (b) The tax assessor-collector of Montgomery County...
• Texas Section 1063.254 - Assessment And Collection By Appointment Or Contract
  (a) The board may elect to: (1) appoint a tax assessor-collector to assess and collect district taxes; or (2) contract for the assessment and collection...

SUBCHAPTER G DISSOLUTION

• Texas Section 1063.255 - Petition And Order For Election To Reduce Tax Rate
  (a) Notwithstanding Section 26.07(b)(3), Tax Code, a petition to require an election under Section 26.07, Tax Code, on reducing the district's tax rate to the...
• Texas Section 1063.301 - Dissolution Election; Petition
  (a) The board may order an election on the question of dissolving the district and disposing of the district's assets and obligations. (b) The board...
• Texas Section 1063.302 - Validity Of Petition For Election
  (a) Not later than the 30th day after the date a petition requesting the dissolution of the district is submitted under Section 1063.301, the Montgomery...
• Texas Section 1063.303 - Election Date
  An election under this subchapter shall be held on the earlier of the following dates that occurs at least 90 days after the date on...
• Texas Section 1063.304 - Ballot
  The ballot for an election under this subchapter must be printed to permit voting for or against the proposition: "The dissolution of the Montgomery County...
• Texas Section 1063.305 - 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 1063.306 - Transfer, Sale, Or Administration Of Assets If Election Initiated By Board
  (a) This section, Section 1063.307, and Section 1063.308 apply to an election called under Section 1063.301(a). (b) If a majority of the votes in the...
• Texas Section 1063.307 - 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 1063.308 - 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...
• Texas Section 1063.309 - Transfer, Sale, Or Administration Of Assets If Election Initiated By District Petition
  (a) This section applies to an election called under Section 1063.301(b). (b) If a majority of the votes in the election favor dissolution, the board...

Last modified: September 28, 2016