CHAPTER 263. COUNTY HOSPITALS AND OTHER HEALTH FACILITIES

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-263-county-hospitals-and-other-health-facilities

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE C. LOCAL HOSPITALS

CHAPTER 263. COUNTY HOSPITALS AND OTHER HEALTH FACILITIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 263.001. TWO OR MORE COUNTIES MAY JOIN. (a) Two or more

adjacent counties may act together to carry out the purposes of

this chapter and construct one or more hospitals for their joint

use as provided by this chapter for a single county if:

(1) each of the counties has fewer than 15,000 inhabitants; and

(2) the Texas Board of Health approves.

(b) The counties acting together have the same powers and

liabilities under this chapter as a single county.

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

Sec. 263.002. ADDITIONAL HOSPITAL. A county may maintain more

than one county hospital if considered advisable by the

commissioners court of the county and approved by the Texas Board

of Health.

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

SUBCHAPTER B. ESTABLISHING, ENLARGING, SELLING, AND CLOSING

COUNTY HOSPITALS

Sec. 263.021. ESTABLISHING OR ENLARGING HOSPITAL ON PETITION;

SUBMISSION OF BOND PROPOSITION. (a) The commissioners court of

a county may establish a county hospital or any medical or other

health facility or enlarge an existing hospital or facility for

the care and treatment of persons who are sick or injured in

accordance with this subchapter.

(b) Ten percent or more of the qualified property taxpaying

voters of a county may petition the commissioners court of the

county to establish or enlarge a county hospital or any medical

or other health facility.

during the 12-month period succeeding the date on which a

petition under this section was last presented to the court

unless the county does not own a hospital.

(d) On proper petition, the commissioners court shall, within

the period designated in the petition, submit to the qualified

voters of the county at a special or regular election the

proposition of issuing bonds in the amount designated in the

petition to establish or enlarge the hospital or facility.

(e) The commissioners court may not submit to the voters a bond

proposition to establish or enlarge a county hospital or facility

more than twice during any 12-month period.

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

Sec. 263.022. POWERS AND DUTIES OF COMMISSIONERS COURT AFTER

PASSAGE OF BOND PROPOSITION. (a) If a bond proposition under

Section 263.021 is approved by a majority of the qualified voters

voting at the election, the commissioners court of the county

shall establish or enlarge a hospital or medical or other health

facility as provided in the proposition and maintain the hospital

or facility.

(b) In establishing, enlarging, or maintaining a hospital or

facility, the commissioners court may:

(1) purchase or lease real or personal property or acquire real

property and easements to real property by condemnation;

(2) purchase or construct any necessary buildings;

(3) make necessary improvements, repairs, and alterations to an

existing building;

(4) impose property taxes in the county for all necessary

expenditures related to the hospital or facility, including

maintenance expenses;

(5) issue county bonds to provide funds to establish, enlarge,

and equip the hospital or facility or make any necessary

permanent improvements in connection with the hospital or

facility; and

(6) accept and hold a grant or devise of land or a gift or

bequest of money or personal property in trust for the county and

apply the principal or income, or both, for the benefit of the

hospital or facility and in accordance with the terms of the

gift.

purchase or lease real or personal property, or both, in an

adjacent county if the court considers the purchase or lease

necessary for hospital purposes. The commissioners court may not

acquire real property in an adjacent county by condemnation.

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

Sec. 263.023. CONSTRUCTION OF HOSPITAL TO AVOID INADEQUATE CARE

IN CERTAIN COUNTIES. (a) The commissioners court of a county

shall provide for the construction of a county hospital if:

(1) the county has a municipality with more than 10,000

inhabitants as ascertained by the court in the manner determined

by a resolution of the court; and

(2) the county does not have a county hospital or the county

hospital is inadequate.

(b) The commissioners court shall provide for the construction

of the hospital within six months after the date the number of

inhabitants of the municipality exceeds 10,000 except that the

Texas Board of Health may, for good cause, extend this period.

confinement cases and a room or ward for the temporary care of

persons suffering from mental or nervous disease.

(d) The hospital must have separate buildings for persons

suffering from tuberculosis and other communicable diseases.

(e) Sufficient accommodations shall be added to the hospital as

needed to take care of persons in the county who are sick or

injured.

(f) If adequate funds for the issuance of county warrants and

scrip for the construction of the hospital are not available from

the county, the commissioners court shall submit, either at a

special election called for the purpose or at a regular election,

the proposition of the issuance of county bonds for the

construction of the hospital. If the proposition is not approved

by a majority vote at the election, the court shall, on petition

of 10 percent or more of the qualified voters of the county,

resubmit the proposition.

(g) A petition may not be presented to the commissioners court

if a petition has been presented to the court in the preceding 12

months.

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

Sec. 263.024. HOSPITAL REVENUE BONDS. (a) A county may issue

revenue bonds for:

(1) acquiring, constructing, repairing, equipping, or renovating

buildings and improvements for county hospital purposes; or

(2) acquiring land for county hospital purposes.

(b) The county may issue bonds to refund previously issued

revenue bonds.

pledge of all or a part of the revenues of the county derived

from the operation of the hospital. The bonds may be additionally

secured by a mortgage or deed of trust lien on all or part of the

county's hospital property.

(d) The revenue bonds must be issued in accordance with Sections

264.042-264.047(a), 264.048, and 264.049, and with the effect

specified by Section 264.050.

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

Sec. 263.025. HOSPITAL OPERATING FUNDS USED FOR IMPROVEMENTS IN

COUNTIES OF 24,500 TO 25,500. The commissioners court of a

county with a population of 24,500 to 25,500 may use excess money

in the county hospital operating fund for making permanent

improvements to the county hospital and for the payment of county

bonds issued for the construction and improvement of a county

hospital facility.

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

Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 71, eff. Sept. 1,

1991; Acts 2001, 77th Leg., ch. 669, Sec. 35, eff. Sept. 1, 2001.

Sec. 263.026. HEALTH UNIT OR CENTER IN COUNTY WITH POPULATION

GREATER THAN 100,000. (a) The commissioners court of a county

with a population of more than 100,000 that has a county hospital

may acquire sites and construct or otherwise acquire buildings to

use for county public health units or public health centers as

part of the county hospital system. The commissioners court may

locate a health unit or center anywhere in the county.

(b) Payments for the sites or buildings shall be made from the

county permanent improvement fund. To pay for a site or building

for a health unit or center, the commissioners court may:

(1) issue negotiable bonds and impose taxes to pay the principal

of and interest on the bonds in accordance with Subtitles A and

C, Title 9, Government Code;

(2) issue time warrants and impose taxes to pay the principal of

and interest on the time warrants in accordance with Subchapter

C, Chapter 262, Local Government Code; or

(3) by order issue certificates of indebtedness and impose taxes

to pay the principal of and interest on the certificates in

accordance with this section.

(1) mature not later than 35 years after the date of the

certificates; and

(2) be signed by the county judge and attested by the county

clerk, either by their actual or facsimile signatures as provided

by the order of issuance.

(d) The interest on certificates of indebtedness may be

evidenced by interest coupons at the discretion of the

commissioners court. The interest coupons must be executed by the

facsimile signatures of the county judge and county clerk.

(e) The certificates of indebtedness and the record relating to

their issuance shall be submitted to the attorney general for

examination. If the certificates are issued in accordance with

the Texas Constitution and this section, the attorney general

shall approve the certificates and the comptroller shall register

the certificates. If the certificates are registered, they are

incontestable after they are delivered to the purchasers.

(f) The commissioners court shall sell the certificates of

indebtedness for not less than their par value plus accrued

interest. The commissioners court shall impose a continuing

annual ad valorem tax sufficient to pay the principal of and

interest on the certificates as each becomes due and payable.

(g) Certificates of indebtedness issued under this section are

negotiable instruments.

(h) The commissioners court may issue refunding bonds to refund

bonds and certificates issued under this section, subject to

state law applicable to refunding bonds issued by counties. The

commissioners court may issue the refunding bonds without notice

or a referendum.

(i) The commissioners court may issue refunding bonds to refund

time warrants issued under this section.

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

Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 32, eff. Sept. 1,

1999.

Sec. 263.027. APPROVAL OF CONSTRUCTION OR REPAIR BY BOARD OF

HEALTH. If requested by the commissioners court of a county, the

Texas Board of Health must approve plans for the construction,

alteration, or repair of a hospital or facility under this

chapter before the construction, alteration, or repair may begin.

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

Sec. 263.028. CONTRACT FOR CARE. (a) The commissioners court

of a county that does not have a municipality with a population

of more than 10,000 may contract with a hospital in the county,

an incorporated society or municipality in the county that

maintains a hospital, or an adjacent county for the care of

residents of the county who are sick or injured.

(b) The term of the contract may not exceed one year.

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

Sec. 263.029. SALE OR LEASE OF HOSPITAL. (a) A county may sell

or lease all or part of a county hospital or medical or other

health facility operated by the county, including real property,

if the commissioners court of the county, by order entered in the

minutes of the court, finds that the sale or lease is in the best

interest of the county.

(b) The commissioners court shall set a time and place for a

hearing on the proposed sale or lease. The date of the hearing

may not be earlier than the 16th day or later than the 30th day

from the date of the order.

the hearing are set, shall give notice informing all qualified

voters of the county and other persons interested in the issue of

selling or leasing the hospital of the time and place of the

hearing and their right to appear at the hearing and to speak for

or against the proposed action. The county clerk shall publish

notice once a week for two consecutive weeks in a newspaper

published in the county. The first notice must be published not

later than the 15th day before the date set for the hearing. If

no newspaper is published in the county, the county clerk shall

post the notice at the courthouse door for 14 days before the

date set for the hearing.

(d) Ten percent or more of the qualified voters in the county

may petition the commissioners court in writing before the time

set for the hearing for a referendum on whether the hospital

shall be sold or leased or shall continue under county operation.

The commissioners court may not sell or lease the hospital unless

the proposition to sell or lease the hospital is approved by a

majority of the votes cast at the election. The election shall be

held under and governed by the election provisions of Section

263.021.

(e) If no petition is filed with the county clerk, the

commissioners court may conduct the hearing. Any person

interested may appear in person or by attorney. The commissioners

court may adjourn the hearing from day to day and from time to

time as it considers necessary. On completion of the hearing, the

commissioners court may enter an order determining whether or not

to sell or lease the hospital. If the court finds that due notice

was given, no petition was filed, and the proposed sale or lease

is in the best interest of the county, the commissioners court

may enter in its minutes an order that the hospital be sold or

leased.

(f) The commissioners court may submit the issue of the sale or

lease to the voters and withhold its final determination pending

the election even if no petition is filed.

(g) The court may sell the hospital or may lease the hospital to

be operated as a hospital by the lessee under terms satisfactory

to the commissioners court and the lessee. The commissioners

court shall enter in its minutes an order of the sale or lease

that contains a complete copy of the sales or lease contract.

(h) If 50 qualified property taxpaying voters in a county with a

population of 5,000 to 10,390 file a written petition with the

commissioners court requesting a referendum on the issue of

leasing all or part of the county hospital and if the proposition

to lease all or part of the hospital is not approved by a

majority of the votes cast at the election, the commissioners

court may not lease all or part of the hospital for a period

greater than five years.

(i) The commissioners court may deposit all or part of the

proceeds from the sale of a county hospital to the credit of a

fund to be known as the county health care fund and shall deposit

any of the remainder to the credit of the county general fund.

The county health care fund may be used only to finance items

related to providing health care to county residents, including

indigent residents. The commissioners court may deposit to the

credit of the county health care fund all or part of the interest

from that fund and shall deposit any remainder to the credit of

the county general fund.

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

Sec. 263.030. CLOSING OF HOSPITAL. (a) The commissioners court

of a county by order on terms it considers reasonable may close a

hospital or medical facility constructed, purchased, or acquired

under this chapter.

(b) The order is final 30 days after the date of adoption unless

at least 10 percent of the qualified voters in the county

petition the commissioners court requesting an election to

determine whether the hospital or facility should be closed.

for an election and shall submit to the qualified voters of the

county ballots providing for voting for or against the

proposition: "The closing of (name of hospital or facility to be

closed)."

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

Sec. 263.031. CLOSING PART OF HOSPITAL. A county may close a

part of a county hospital.

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

SUBCHAPTER C. BOARD OF MANAGERS

Sec. 263.041. APPOINTMENT OF BOARD OF MANAGERS. (a) The

commissioners court of a county shall appoint at least six but

not more than 12 residents of the county as the board of managers

of a county hospital or medical or other health facility after

the court acquires the site for the hospital and awards the

contracts for the buildings and improvements necessary for the

hospital.

(b) A manager is appointed for a term of two years except that

the commissioners court may set the terms of the initial managers

at less than two years so that as close as possible to one-half

of the managers' terms expire each year.

(d) A vacancy is created if a manager misses three consecutive

board meetings unless the board takes formal action to excuse the

absences.

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

Sec. 263.042. OPERATION OF BOARD OF MANAGERS. (a) The board of

managers shall elect from among its members a president, at least

one vice-president, a secretary, and a treasurer.

(b) The county judge of the county in which the hospital is

located may vote to break a tie vote by the board of managers.

once a month and may meet at other times as provided by its

bylaws.

(d) The board of managers shall hold an annual meeting before

the beginning of the third week preceding the date of the meeting

of the commissioners court at which the court considers

appropriations for the following year.

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

Sec. 263.043. COMPENSATION AND EXPENSES OF BOARD OF MANAGERS.

(a) The commissioners court may provide hospitalization

insurance as compensation for the services of the board of

managers.

(b) The commissioners court shall pay and audit, in the same

manner as other expenses of the hospital, the managers' actual

and necessary traveling and other expenses within this state.

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

Sec. 263.044. TORT CLAIMS PAYMENTS. A member of the board of

managers is a county officer for purposes of Chapter 102, Civil

Practice and Remedies Code.

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

Sec. 263.045. REMOVAL OF MANAGER. After citation, the

commissioners court may, at any time, remove a member of the

board of managers from office for cause.

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

Sec. 263.046. GENERAL POWERS AND DUTIES OF BOARD OF MANAGERS.

(a) The board of managers shall generally manage and control the

hospital, including:

(1) its buildings and grounds;

(2) its officers and employees;

(3) its patients; and

(4) all matters relating to its government, discipline,

contracts, and fiscal concerns.

(b) The board of managers may adopt rules it considers necessary

to carry out the purposes of the hospital.

of the hospital and keep itself informed of the hospital's

affairs and management.

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

Sec. 263.047. SALARIES. (a) The board of managers shall

determine the salaries of the officers and employees of the

hospital, including the superintendent.

(b) The salaries may not exceed the appropriation made for the

salaries by the commissioners court.

rendered.

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

Sec. 263.048. VISITING PHYSICIANS. (a) The board of managers

shall appoint a staff of visiting physicians who visit and treat

hospital patients at the request of the board or the

superintendent.

(b) The physicians serve without pay from the county.

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

Sec. 263.049. DISCHARGE OF PATIENTS. (a) The board of managers

shall make the final disposition of a case concerning the

discharge of a patient from the hospital.

(b) The decision of the board of managers regarding discharge of

a patient may not be appealed.

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

Sec. 263.050. DISPENSARIES AND CLINICS. (a) The board of

managers may establish and operate:

(1) an outpatient department or a free dispensary and clinic at

the hospital or in the municipality located nearest the hospital;

and

(2) a branch dispensary or clinic in a municipality that is

located in the county and that has 5,000 or more inhabitants.

(b) The board of managers shall appoint a physician to serve at

the dispensary or clinic, determine the time that the physician

is required to spend at the dispensary or clinic, and fix the

salary, if any, of the physician.

to serve in connection with the dispensary or clinic and the

hospital. The board shall fix the salary of the nurse within the

limits of the appropriation made for the salary by the

commissioners court.

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

Sec. 263.051. SCHOOL FOR CHILDREN HAVING TUBERCULOSIS. (a) The

board of managers may establish a special and separate school for

the education, care, and treatment of children having

tuberculosis.

(b) The school may be located at the hospital, in the

municipality nearest the hospital, or in the largest municipality

in the county.

and the children at the school are patients of the hospital and

subject to this chapter.

(d) The board of managers shall employ a specially qualified

teacher to instruct and care for the children of the school.

(e) The board of managers shall assign the superintendent of the

hospital, a member of the staff of visiting physicians, or a

physician serving a county dispensary or shall employ a physician

to attend the children of the school and to supervise their care

and treatment.

(f) The board of managers shall assign a nurse from the hospital

or a visiting nurse or shall employ a nurse to assist in the care

and treatment of the children of the school.

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

Sec. 263.052. CONTRACT FOR CARE BY BOARD. The board of managers

may contract for the care of a person who is sick or injured and

who applies to the hospital for admission. The board may contract

for this care with:

(1) a hospital in the county; or

(2) an incorporated society or municipality in the county that

maintains a hospital.

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

Sec. 263.053. RECORDS. (a) The board of managers shall keep a

proper record of its proceedings in a book provided for that

purpose. The record must be open for inspection at all times to

the board, the commissioners court, and any resident of the

county.

(b) The board of managers shall certify all bills and accounts,

including salaries and wages, and transmit them to the

commissioners court, which shall provide for their payment in the

same manner that other charges against the county are paid.

court annually, and at other times as directed by the court, on

the details of the operation during the year of the hospital

dispensaries and school for children suffering from tuberculosis.

The report must contain:

(1) the number of patients admitted and the methods and result

of their treatment, together with suitable recommendations and

other material required by the court; and

(2) full and detailed estimates of the appropriations required

during the following year for all purposes, including

maintenance, building construction, repairs, renewals,

extensions, and improvements.

(d) The board of managers shall incorporate into its report to

the commissioners court the accounts and records prepared by the

superintendent of the hospital under Section 263.077.

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

SUBCHAPTER D. SUPERINTENDENT

Sec. 263.071. APPOINTMENT OF SUPERINTENDENT. (a) The board of

managers shall appoint a superintendent of the hospital who holds

office at the pleasure of the board.

(b) The superintendent may not be a member of the board of

managers and must be a qualified practitioner of medicine or be

specially trained for the work of a superintendent.

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

Sec. 263.072. ROLE OF SUPERINTENDENT. (a) The superintendent

is the chief executive officer of the hospital.

(b) The superintendent is subject to the bylaws and rules of the

hospital and to the board of managers.

that a superintendent must spend at the hospital in the

performance of the superintendent's duties.

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

Sec. 263.073. BOND. The superintendent, before beginning to

discharge the duties of office, shall give a bond in a sum

determined by the board of managers to secure the faithful

performance of the superintendent's duties.

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

Sec. 263.074. GENERAL POWERS AND DUTIES OF SUPERINTENDENT. (a)

The superintendent has general supervision and control of:

(1) the records and accounts of the hospital;

(2) the hospital buildings; and

(3) the internal affairs of the hospital, including discipline.

(b) The superintendent shall enforce the bylaws and rules

adopted by the board of managers for the government, discipline,

and management of the hospital and its employees and patients.

superintendent considers necessary that are not inconsistent with

law or the rules and directions of the board of managers.

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

Sec. 263.075. EQUIPPING THE HOSPITAL. (a) The superintendent

shall, with the consent of the board of managers, equip the

hospital with furniture, appliances, fixtures, and other

facilities necessary for the care and treatment of patients and

the use of officers and employees.

(b) The superintendent shall purchase all supplies necessary for

the hospital.

provided for them by the commissioners court.

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

Sec. 263.076. OFFICERS AND EMPLOYEES. (a) With the consent of

the board of managers, the superintendent shall appoint resident

officers and employees considered proper and necessary by the

superintendent for the efficient performance of the hospital's

business.

(b) The superintendent shall determine the duties of the

officers and employees of the hospital.

the discretion of the superintendent for cause stated in writing

after an opportunity for a hearing.

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

Sec. 263.077. ACCOUNTS AND RECORDS. (a) The superintendent

shall require daily accounts and records of the hospital's

business and operations.

(b) The superintendent shall require that:

(1) a record is kept of the condition of a patient on and after

admission; and

(2) proper records and accounts are kept of the admission of a

patient, including the patient's name, age, sex, color, marital

condition, residence, occupation, and place of past employment.

the board of managers in an annual report.

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

Sec. 263.078. FORMS FOR ADMISSION. (a) The county hospital

shall provide forms for application for admission to the hospital

and the superintendent shall forward the forms free to a licensed

physician in the county in which the hospital is located at the

request of the physician.

(b) An application for admission to a county hospital must be

made, if practicable, on a form provided under this section.

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

Sec. 263.079. ADMISSION OF PERSONS FROM COUNTY. (a) A resident

of a county in which a county hospital is located who desires

treatment in the hospital may apply in person to the

superintendent or to a licensed physician for examination. If the

physician finds that the resident is sick or injured, the

physician may apply to the superintendent for admission of the

resident.

(b) After the superintendent receives an application for

admission to the hospital, the superintendent shall notify the

applicant to appear in person at the hospital if:

(1) it appears from the application that the applicant is sick

or injured; and

(2) there is a vacancy in the hospital.

the board of managers, shall admit an applicant for admission to

the hospital in order of application or according to the urgency

of need of treatment if:

(1) after a personal examination of the applicant, the

superintendent is satisfied that the applicant is sick or

injured; and

(2) the applicant resides in the county at the time of the

application for admission to the hospital.

(d) An application for admission must state whether, in the

judgment of the physician, the applicant is able to pay, in whole

or in part, for the applicant's care and treatment while in the

hospital.

(e) An application must be filed and recorded in a book kept for

that purpose in the order it is received.

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

Sec. 263.080. ADMISSION OF PERSONS FROM ADJACENT COUNTY. The

superintendent shall admit to the hospital a person sent by the

commissioners court of an adjacent county if:

(1) the adjacent county has contracted with the board of

managers for the care and treatment of persons who are sick or

injured;

(2) the person resides in the adjacent county at the time of the

application for admission to the hospital; and

(3) there is sufficient provision for the care of persons who

are sick or injured and who reside in the county in which the

hospital is located.

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

Sec. 263.081. CONDITION AND TREATMENT OF PATIENT. The

superintendent shall require that a patient's physical condition

is carefully examined and the treatment the patient needs is

provided.

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

Sec. 263.082. PAYMENT BY PATIENT. (a) A patient may not be

permitted to pay an amount for the patient's maintenance in the

hospital greater than the average per capita cost of maintenance

in the hospital, including a reasonable allowance for the

interest on the cost of the hospital.

(b) An officer or employee of a county hospital may not accept

from a patient a fee, payment, or gratuity for any service.

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

Sec. 263.083. SUPPORT. (a) The superintendent shall inquire

into a patient's circumstances and the circumstances of the

patient's relatives legally responsible for the patient's support

if the patient is admitted to the hospital from the county in

which the hospital is located. If the superintendent finds that

the patient or the patient's relatives are liable to pay for the

patient's care and treatment in whole or in part, the

superintendent shall issue an order directing the patient or the

patient's relatives to pay to the treasurer of the hospital a

specified amount each week in proportion to the financial ability

of the patient or the patient's relatives to pay.

(b) A patient or the patient's relatives may not be required to

pay an amount greater than the actual per capita cost of

maintenance.

section from the estate of a patient, or the relatives legally

responsible for the patient's support, in the manner provided by

law for the collection of expenses of the last illness of a

decedent.

(d) A county court of the county in which a patient's hospital

is located shall hear and determine the ability of the patient or

the patient's relatives to pay under this section if there is a

dispute over that ability or if there is doubt in the mind of the

superintendent of the hospital over that ability. The court shall

hear witnesses and issue any order that may be proper. The order

may not be appealed.

(e) Discrimination in the accommodations, care, or treatment of

a patient may not be made because the patient or the patient's

relatives contribute to the cost, in whole or in part, of the

patient's maintenance.

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

Sec. 263.084. DISCHARGE OF PATIENTS. (a) The superintendent

shall temporarily or permanently discharge a patient from the

hospital if the patient:

(1) is not sick or injured or recovers from the sickness or

injury;

(2) wilfully or habitually violates hospital rules; or

(3) is not suitable for treatment for any other reason.

(b) The superintendent shall make a full report of a discharge

of a patient from the hospital at the next meeting of the board

of managers after the discharge.

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

Sec. 263.085. COLLECTION OF MONEY. (a) The superintendent

shall collect money due the hospital.

(b) The superintendent shall keep an accurate account of money

collected at the hospital, report at the monthly meeting of the

board of managers the amount of money collected, and transmit the

money to the county treasurer of the county in which the hospital

is located within 10 days after the date of the meeting of the

board.

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

SUBCHAPTER E. ENFORCEMENT AND DISSEMINATION OF INFORMATION

Sec. 263.101. INSPECTIONS. (a) A resident officer of a county

hospital shall admit a member of the board of managers into every

part of the hospital and its premises.

(b) On the demand of a member of the board of managers, a

resident officer of the hospital shall:

(1) give the board access to all books, papers, accounts, and

other records pertaining to the hospital; and

(2) furnish the board with copies, abstracts, and reports.

subject to inspection by an authorized representative of:

(1) the Texas Board of Health;

(2) the commissioners court; or

(3) a state board of charities, if such a board is created.

(d) A resident officer of a county hospital shall admit a

representative listed in Subsection (c) into every part of the

hospital and its buildings.

(e) On the demand of a representative listed in Subsection (c),

a resident officer of the hospital shall give the representative

access to all books, papers, accounts, reports, and other records

pertaining to the hospital.

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

Sec. 263.102. TEXAS BOARD OF HEALTH RULES AND PUBLICATIONS. (a)

The board of managers shall print, or purchase from the Texas

Board of Health at the actual cost of printing:

(1) rules adopted by the Texas Board of Health for the care of

persons having a communicable disease and for the prevention and

spread of communicable disease; and

(2) bulletins and other publications prepared by the Texas

Department of Health providing information about the cause,

nature, treatment, and prevention of disease.

(b) The board of managers shall send or deliver copies of those

rules, bulletins, and publications to:

(1) all practicing physicians in the county in which the

hospital is located;

(2) all public schools;

(3) private schools that request copies; and

(4) organizations, churches, societies, unions, and individuals

who present a written request for copies.

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

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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