CHAPTER 1003. BOOKER HOSPITAL DISTRICT

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SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 3. HEALTH

SUBTITLE A. HOSPITAL DISTRICTS

CHAPTER 1003. BOOKER HOSPITAL DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1003.001. 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 Booker Hospital District.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.002. AUTHORITY FOR OPERATION. The Booker Hospital

District operates under the authority of Section 9, Article IX,

Texas Constitution.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.003. POLITICAL SUBDIVISION. The district is a

political subdivision of this state.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.004. DISTRICT TERRITORY. The district is composed of

the territory described by Section 1, Chapter 411, Acts of the

58th Legislature, Regular Session, 1963.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.005. CORRECTION OF INVALID PROCEDURE. If a court

holds that any procedure under this chapter violates the

constitution of this state or of the United States, the district

by resolution may provide an alternative procedure that conforms

with the constitution.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER B. DISTRICT ADMINISTRATION

Sec. 1003.051. BOARD. The district is governed by a board of

seven directors.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.052. TERM; ELECTION. (a) Unless a four-year term is

established under Section 285.081, Health and Safety Code:

(1) directors serve staggered terms of two years;

(2) three directors shall be elected in odd-numbered years and

four directors shall be elected in even-numbered years; and

(3) a directors election shall be held on the first Saturday in

May of each year to elect the appropriate number of directors.

(b) Directors are elected at large.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.053. VACANCY. If a vacancy occurs in the office of

director, the remaining directors shall appoint a director for

the remainder of the unexpired term.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.054. OFFICERS. The board shall elect a president and

a secretary from among the directors to serve until the next

directors election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.055. COMPENSATION; EXPENSES. A director serves

without compensation but may be reimbursed for actual expenses

incurred in the performance of official duties on the approval of

the expenses by the entire board.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.056. EMPLOYEES. The board may employ a general

manager, attorney, financial advisor, bookkeeper, or architect.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.057. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. All

district records, including books, accounts, notices, minutes,

and all other matters of the district and the operation of its

facilities, shall be:

(1) maintained at the district office; and

(2) open to public inspection at the district office at all

reasonable hours.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.058. SEAL. The board may adopt a seal for the

district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 1003.101. DISTRICT RESPONSIBILITY. The district has full

responsibility for the operation of all hospital facilities for

providing hospital care for the district's needy residents.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.102. LIMITATION ON CERTAIN POLITICAL SUBDIVISIONS. A

political subdivision within the district may not impose taxes or

issue bonds or other obligations for hospital purposes or to

provide medical care for district residents.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.103. MANAGEMENT AND CONTROL. The board has the

complete management and control of all the business of the

district, including the power to negotiate and contract with any

person to purchase or lease land, to construct and equip a

hospital system, to operate and maintain the hospital, and to

negotiate and contract with other political subdivisions of the

state or private individuals, associations, or corporations for

those purposes.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.104. HOSPITAL SYSTEM. The district may establish a

hospital system to provide medical and hospital care to persons

residing in the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.105. RULES. (a) The board may adopt rules governing

the operation of the district, including district facilities.

(b) On approval by the board, the rules may be published in

booklet form at district expense and made available to any

taxpayer on request.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.106. PURCHASING AND ACCOUNTING PROCEDURES. (a) The

board may prescribe the method and manner of the making of

purchases and expenditures by the district.

(b) The board shall prescribe:

(1) all accounting and control procedures; and

(2) the method of purchasing necessary supplies, materials, and

equipment.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.107. 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, real, personal, or mixed,

located in the territory of the district if the interest is

necessary or convenient for the district to exercise the rights,

powers, privileges, or functions conferred by this chapter.

(b) The district must exercise the power of eminent domain in

the manner provided by Chapter 21, Property Code, but the

district is not required to deposit in the trial court money or

bond as provided by Section 21.021(a), Property Code.

district is not required to:

(1) pay in advance or provide bond or other security for costs

in the trial court;

(2) provide bond for the issuance of a temporary restraining

order or a temporary injunction; or

(3) provide bond for costs or supersedeas on an appeal or writ

of error.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.108. 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 under the

directions, limitations, or other provisions prescribed in

writing by the donor that are not inconsistent with the proper

management and objectives of the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.109. PAYMENT FOR TREATMENT; PROCEDURES. (a) When a

patient from the county has been admitted to a district facility,

the board shall require an inquiry into the circumstances of:

(1) the patient; and

(2) the patient's relatives who are legally liable for the

patient's support.

(b) If an agent designated by the district to handle these

affairs finds that the patient or the relatives are not able to

pay all or part of the costs of the care and treatment in the

hospital, the care and treatment shall become a charge on the

district.

relatives are liable to pay for all or part of the costs of the

care and treatment, an order shall be made directing the patient

or the relatives to pay a specified amount per week to the

treasurer for the support of the patient. The amount ordered must

be proportionate to financial ability and may not exceed the

actual per capita cost of maintenance.

(d) The district may collect the sum from the patient's estate,

or from any relatives legally liable for the patient's support,

in the manner provided by law for the collection of expenses of

the last illness of a deceased person.

(e) If there is a dispute as to the ability to pay, or doubt in

the mind of the district's designated agent, the board shall hear

and determine the dispute or resolve the doubt, after calling

witnesses, and shall make a proper order. The order may be

appealed to the district court by either party to the dispute.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.110. AUTHORITY TO SUE AND BE SUED. As a governmental

agency, the district may sue and be sued in its own name in any

court of this state.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 1003.151. BUDGET. (a) Each year, the board shall prepare

a budget showing for the following fiscal year:

(1) the proposed expenditures and disbursements;

(2) the estimated receipts and collections; and

(3) the amount of taxes required to be imposed during the year.

(b) The board shall hold a public hearing on the proposed

budget. At least 10 days before the date of hearing, at least one

notice of the hearing shall be published in a newspaper of

general circulation in the county.

place designated in the notice and to be heard regarding any item

shown in the proposed budget.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.152. FISCAL YEAR. The district's fiscal year begins

on October 1 and ends on September 30.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.153. ANNUAL AUDIT. (a) For each fiscal year, the

board shall have an independent audit made of the district's

books and records.

(b) Not later than December 31 each year, the audit shall be

filed with the comptroller and at the district office.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.154. DEPOSITORY. (a) The board by resolution shall

designate one or more banks in the district as the district's

depository or treasurer. A designated bank serves for two years

and until a successor is designated.

(b) All income received by the district, including tax revenue

after deducting discounts and fees for assessing and collecting

the taxes, shall be deposited with the district depository and

may be withdrawn only as provided by this chapter.

for securing county funds.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER E. BONDS

Sec. 1003.201. GENERAL OBLIGATION BONDS. The board may issue

and sell bonds in the name and on the faith and credit of the

district to:

(1) purchase, construct, acquire, repair, or renovate buildings

or improvements; and

(2) equip buildings or improvements for hospital purposes.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.202. TAXES TO PAY GENERAL OBLIGATION BONDS. (a) The

board shall impose an ad valorem tax in an amount sufficient to

create an interest and sinking fund to pay the principal of and

interest on the general obligation bonds as they mature.

(b) The tax required by this section together with any other tax

the district imposes in any year may not exceed 75 cents on each

$100 assessed value of the property according to the most recent

certified tax appraisal roll of the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.203. GENERAL OBLIGATION BOND ELECTION. (a) The

district may issue general obligation bonds only if the bonds are

authorized by a majority of the voters voting at an election held

for that purpose.

(b) The board may call an election on its own motion and must

specify:

(1) the place or places where the election will be held;

(2) the presiding election officers;

(3) the purpose for which the bonds are to be issued;

(4) the amount of the bonds;

(5) the maximum interest rate of the bonds; and

(6) the maximum maturity of the bonds, which may not exceed 40

years from the date of issuance.

substantial copy of the order calling the election in a newspaper

of general circulation in the district once a week for two

consecutive weeks before the date of the election. The first

publication must occur not later than the 21st day before the

date set for the election.

(d) The district shall pay the costs of the election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.204. EXECUTION OF GENERAL OBLIGATION BONDS. The board

president shall execute the general obligation bonds in the name

of the district. The board secretary shall countersign the bonds.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.205. REFUNDING BONDS. (a) The board may, without an

election, issue refunding bonds to refund outstanding bonds

issued or assumed by the district.

(b) Subject to Subsection (c), a refunding bond may be:

(1) sold, with the proceeds of the refunding bonds applied to

the payment of the bonds to be refunded; or

(2) exchanged in whole or in part for not less than a like

amount of bonds to be refunded and the matured but unpaid

interest on those bonds.

computed in accordance with recognized standard bond interest

cost tables, may not exceed the average annual interest cost on

the bonds to be refunded, unless the total interest cost on the

refunding bonds to their maturity dates is less than the total

interest cost on the bonds to be refunded.

(d) Any premium required to be paid, as a condition to payment

in advance of the stated maturity dates, on the bonds to be

refunded must be included in computing the net interest cost to

the district of the refunding bonds.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER F. TAXES

Sec. 1003.251. IMPOSITION OF TAXES. (a) The board shall impose

on all property subject to district taxation, for the benefit of

the district, a tax at a rate not to exceed 75 cents on each $100

assessed value of the property according to the most recent

certified tax appraisal roll of the district.

(b) The board shall impose the tax to:

(1) pay the principal of and interest on, and to create an

interest and sinking fund for, bonds that may have been assumed

or that may be issued by the district for hospital purposes;

(2) provide for the operation and maintenance of the hospital or

hospital system;

(3) make improvements and additions to the hospital system; and

(4) acquire necessary sites for the hospital system by purchase,

lease, or condemnation.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.252. POWERS AND DUTIES OF COUNTY TAX ASSESSOR; FEES.

(a) The county tax assessor and collector shall collect the tax

imposed under this subchapter unless the board by majority vote

appoints a tax assessor and collector under Section 285.041,

Health and Safety Code.

(b) The county tax assessor and collector shall charge and

deduct from payments to the district a fee for imposing the tax

in an amount determined by the board not to exceed the lesser of

one percent of the amount collected or $5,000 for the fiscal

year. The fees shall be deposited in the county's general fund

and shall be reported as fees of the tax assessor and collector.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 1003.253. INTEREST, PENALTIES, AND DISCOUNTS. Interest,

penalties, and discounts on taxes paid to the district shall be

the same as for county taxes.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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