State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-261-municipal-hospitals

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE C. LOCAL HOSPITALS

CHAPTER 261. MUNICIPAL HOSPITALS

SUBCHAPTER A. TYPE A GENERAL-LAW MUNICIPALITIES

Sec. 261.001. REGULATION OF HOSPITALS BY TYPE A GENERAL-LAW

MUNICIPALITY. The governing body of a Type A general-law

municipality may:

(1) construct or establish one or more hospitals and control and

regulate those hospitals; and

(2) prohibit or permit and regulate the establishment of private

hospitals.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER B. SALE, LEASE, OR CLOSURE OF MUNICIPAL HOSPITAL

Sec. 261.011. AUTHORITY OF GOVERNING BODY. (a) The governing

body of a municipality by ordinance may order the sale, lease, or

closure of all or part of a hospital owned and operated by the

municipality, including real property. The ordinance must include

a finding by the governing body that the sale, lease, or closure

is in the best interest of the residents of the municipality.

(b) A sale or closure may not take effect before the expiration

of the period in which a petition may be filed under Section

261.012.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 261.012. SALE OR CLOSURE PETITION; ELECTION. (a) The

governing body shall order and conduct an election on the sale or

closure of a hospital if, before the 31st day after the date the

governing body orders the sale or closure, the governing body

receives a petition signed by at least 10 percent of the

qualified voters of the municipality requesting the election.

(b) If a petition is filed under Subsection (a), the sale or

closure is contingent on voter approval. If a majority of the

qualified voters voting on the question approve the sale or

closure, the hospital may be sold or closed. The number of

qualified voters of the municipality is determined according to

the most recent official list of qualified voters.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 261.013. FORM AND TERMS OF LEASE IN MUNICIPALITY OF 25,000

OR LESS. (a) The governing body of a municipality with a

population of 25,000 or less may lease all or part of a hospital

owned by the municipality for operation by the lessee as a public

hospital under terms that are satisfactory to the governing body

and the lessee. The term of the lease may not exceed 50 years.

(b) The lease must:

(1) be authorized by ordinance or resolution adopted by the

governing body;

(2) be executed on behalf of the municipality by the mayor and

the municipal secretary or clerk; and

(3) have the seal of the municipality impressed on the lease.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER C. LIABILITY OF NONPROFIT MANAGEMENT CONTRACTOR

Sec. 261.051. DEFINITION. In this subchapter, "municipal

hospital management contractor" means a nonprofit corporation,

partnership, or sole proprietorship that manages or operates a

hospital or provides services under a contract with a

municipality or municipal hospital authority.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 11.02, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 289, Sec. 2, eff. Sept. 1, 2003.

Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 26.01,

eff. Jan. 11, 2004.

Sec. 261.052. LIABILITY OF A MUNICIPAL HOSPITAL MANAGEMENT

CONTRACTOR. A municipal hospital management contractor in its

management or operation of a hospital under a contract with a

municipality or a municipal hospital authority is considered a

governmental unit for purposes of Chapters 101, 102, and 108,

Civil Practice and Remedies Code, and any employee of the

contractor is, while performing services under the contract for

the benefit of the hospital, an employee of the municipality for

the purposes of Chapters 101, 102, and 108, Civil Practice and

Remedies Code.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 11.02, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 289, Sec. 2, eff. Sept. 1, 2003.

Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 26.01,

eff. Jan. 11, 2004.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-261-municipal-hospitals

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE C. LOCAL HOSPITALS

CHAPTER 261. MUNICIPAL HOSPITALS

SUBCHAPTER A. TYPE A GENERAL-LAW MUNICIPALITIES

Sec. 261.001. REGULATION OF HOSPITALS BY TYPE A GENERAL-LAW

MUNICIPALITY. The governing body of a Type A general-law

municipality may:

(1) construct or establish one or more hospitals and control and

regulate those hospitals; and

(2) prohibit or permit and regulate the establishment of private

hospitals.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER B. SALE, LEASE, OR CLOSURE OF MUNICIPAL HOSPITAL

Sec. 261.011. AUTHORITY OF GOVERNING BODY. (a) The governing

body of a municipality by ordinance may order the sale, lease, or

closure of all or part of a hospital owned and operated by the

municipality, including real property. The ordinance must include

a finding by the governing body that the sale, lease, or closure

is in the best interest of the residents of the municipality.

(b) A sale or closure may not take effect before the expiration

of the period in which a petition may be filed under Section

261.012.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 261.012. SALE OR CLOSURE PETITION; ELECTION. (a) The

governing body shall order and conduct an election on the sale or

closure of a hospital if, before the 31st day after the date the

governing body orders the sale or closure, the governing body

receives a petition signed by at least 10 percent of the

qualified voters of the municipality requesting the election.

(b) If a petition is filed under Subsection (a), the sale or

closure is contingent on voter approval. If a majority of the

qualified voters voting on the question approve the sale or

closure, the hospital may be sold or closed. The number of

qualified voters of the municipality is determined according to

the most recent official list of qualified voters.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 261.013. FORM AND TERMS OF LEASE IN MUNICIPALITY OF 25,000

OR LESS. (a) The governing body of a municipality with a

population of 25,000 or less may lease all or part of a hospital

owned by the municipality for operation by the lessee as a public

hospital under terms that are satisfactory to the governing body

and the lessee. The term of the lease may not exceed 50 years.

(b) The lease must:

(1) be authorized by ordinance or resolution adopted by the

governing body;

(2) be executed on behalf of the municipality by the mayor and

the municipal secretary or clerk; and

(3) have the seal of the municipality impressed on the lease.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER C. LIABILITY OF NONPROFIT MANAGEMENT CONTRACTOR

Sec. 261.051. DEFINITION. In this subchapter, "municipal

hospital management contractor" means a nonprofit corporation,

partnership, or sole proprietorship that manages or operates a

hospital or provides services under a contract with a

municipality or municipal hospital authority.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 11.02, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 289, Sec. 2, eff. Sept. 1, 2003.

Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 26.01,

eff. Jan. 11, 2004.

Sec. 261.052. LIABILITY OF A MUNICIPAL HOSPITAL MANAGEMENT

CONTRACTOR. A municipal hospital management contractor in its

management or operation of a hospital under a contract with a

municipality or a municipal hospital authority is considered a

governmental unit for purposes of Chapters 101, 102, and 108,

Civil Practice and Remedies Code, and any employee of the

contractor is, while performing services under the contract for

the benefit of the hospital, an employee of the municipality for

the purposes of Chapters 101, 102, and 108, Civil Practice and

Remedies Code.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 11.02, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 289, Sec. 2, eff. Sept. 1, 2003.

Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 26.01,

eff. Jan. 11, 2004.


State Codes and Statutes


Back To Homepage

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-261-municipal-hospitals

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE C. LOCAL HOSPITALS

CHAPTER 261. MUNICIPAL HOSPITALS

SUBCHAPTER A. TYPE A GENERAL-LAW MUNICIPALITIES

Sec. 261.001. REGULATION OF HOSPITALS BY TYPE A GENERAL-LAW

MUNICIPALITY. The governing body of a Type A general-law

municipality may:

(1) construct or establish one or more hospitals and control and

regulate those hospitals; and

(2) prohibit or permit and regulate the establishment of private

hospitals.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER B. SALE, LEASE, OR CLOSURE OF MUNICIPAL HOSPITAL

Sec. 261.011. AUTHORITY OF GOVERNING BODY. (a) The governing

body of a municipality by ordinance may order the sale, lease, or

closure of all or part of a hospital owned and operated by the

municipality, including real property. The ordinance must include

a finding by the governing body that the sale, lease, or closure

is in the best interest of the residents of the municipality.

(b) A sale or closure may not take effect before the expiration

of the period in which a petition may be filed under Section

261.012.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 261.012. SALE OR CLOSURE PETITION; ELECTION. (a) The

governing body shall order and conduct an election on the sale or

closure of a hospital if, before the 31st day after the date the

governing body orders the sale or closure, the governing body

receives a petition signed by at least 10 percent of the

qualified voters of the municipality requesting the election.

(b) If a petition is filed under Subsection (a), the sale or

closure is contingent on voter approval. If a majority of the

qualified voters voting on the question approve the sale or

closure, the hospital may be sold or closed. The number of

qualified voters of the municipality is determined according to

the most recent official list of qualified voters.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 261.013. FORM AND TERMS OF LEASE IN MUNICIPALITY OF 25,000

OR LESS. (a) The governing body of a municipality with a

population of 25,000 or less may lease all or part of a hospital

owned by the municipality for operation by the lessee as a public

hospital under terms that are satisfactory to the governing body

and the lessee. The term of the lease may not exceed 50 years.

(b) The lease must:

(1) be authorized by ordinance or resolution adopted by the

governing body;

(2) be executed on behalf of the municipality by the mayor and

the municipal secretary or clerk; and

(3) have the seal of the municipality impressed on the lease.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER C. LIABILITY OF NONPROFIT MANAGEMENT CONTRACTOR

Sec. 261.051. DEFINITION. In this subchapter, "municipal

hospital management contractor" means a nonprofit corporation,

partnership, or sole proprietorship that manages or operates a

hospital or provides services under a contract with a

municipality or municipal hospital authority.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 11.02, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 289, Sec. 2, eff. Sept. 1, 2003.

Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 26.01,

eff. Jan. 11, 2004.

Sec. 261.052. LIABILITY OF A MUNICIPAL HOSPITAL MANAGEMENT

CONTRACTOR. A municipal hospital management contractor in its

management or operation of a hospital under a contract with a

municipality or a municipal hospital authority is considered a

governmental unit for purposes of Chapters 101, 102, and 108,

Civil Practice and Remedies Code, and any employee of the

contractor is, while performing services under the contract for

the benefit of the hospital, an employee of the municipality for

the purposes of Chapters 101, 102, and 108, Civil Practice and

Remedies Code.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 11.02, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 289, Sec. 2, eff. Sept. 1, 2003.

Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 26.01,

eff. Jan. 11, 2004.


Disclaimer
There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Copyright © 2017 Laws.com | All rights reserved

Loading..

Close Window

Loading, Please Wait!

This may take a second or two.