CHAPTER 1047. JASPER HOSPITAL DISTRICT

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SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 3. HEALTH

SUBTITLE A. HOSPITAL DISTRICTS

CHAPTER 1047. JASPER HOSPITAL DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1047.001. 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 Jasper Hospital District.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.002. AUTHORITY FOR CREATION; JUDICIAL NOTICE. (a)

The district is created under Section 9, Article IX, Texas

Constitution, and this chapter.

(b) A court shall take judicial notice of the district's

establishment.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.003. NATURE OF DISTRICT. The district is a

governmental agency.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.004. DISTRICT TERRITORY. The boundaries of the

district are coextensive with the boundaries of County

Commissioners Precincts 1 and 2 of Jasper County, as those

boundaries existed on April 12, 1963.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

SUBCHAPTER B. DISTRICT ADMINISTRATION

Sec. 1047.051. BOARD ELECTION; TERM. (a) The board consists of

nine directors elected from the district at large.

(b) Unless four-year terms are established under Section

285.081, Health and Safety Code, directors serve two-year terms,

with:

(1) four directors elected in even-numbered years; and

(2) five directors elected in odd-numbered years.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.052. QUALIFICATIONS FOR OFFICE. A person may not be

elected or appointed as a director unless the person:

(1) is a district resident;

(2) owns land in the district subject to taxation; and

(3) is at least 18 years of age at the time of the election.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.053. OATH; BOND; RECORD OF BOND AND OATH. (a) Before

undertaking any official duties, each director must take an oath

to faithfully discharge the duties of office without favor or

partiality.

(b) Each director shall give a good and sufficient bond for

$1,000 that is:

(1) payable to the district; and

(2) conditioned on the faithful performance of the director's

duties.

secretary.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.054. BOARD VACANCY; SPECIAL ELECTION. (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 of directors is reduced to fewer than six, the

remaining directors shall call a special election to fill the

vacancies. If the directors do not call the election within 15

days after the vacancies occur, the county judge of Jasper

County, on petition of a county voter or creditor, shall:

(1) order a special election;

(2) set the election date;

(3) order a county sheriff to publish notice of the election;

and

(4) name the officers to hold the election.

(1) the election returns shall be made to and filed with the

county clerk's office; and

(2) the county clerk shall declare the results.

(d) Officers elected under this section shall furnish bond and

qualify in the same manner as a director elected in a general

election under this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.055. OFFICERS. (a) The board shall elect from among

its members a president and a secretary.

(b) Each officer of the board serves until the next directors'

election.

unexpired term by appointment.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.056. REMOVAL FROM OFFICE. A director may be removed

from office in the same manner and for the same causes as county

officers under state law.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.057. COMPENSATION; EXPENSES. A director serves

without compensation but shall be reimbursed for actual expenses

incurred in the performance of the director's duties under this

chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.058. MEETINGS. (a) The board shall:

(1) meet at least once a month; and

(2) hold special meetings as the board considers necessary.

(b) A taxpayer, resident, or interested party:

(1) may attend a board meeting but may not participate in a

meeting without the consent of the board; and

(2) may present any matter to the board in an orderly manner.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.059. VOTING REQUIREMENT. A concurrence of five

directors is sufficient in any matter relating to district

business.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.060. MAINTENANCE OF RECORDS. (a) The board shall:

(1) keep an account of all board meetings and proceedings; and

(2) maintain in a safe place all district records and accounts,

including all contracts, notices, duplicate vouchers, and

duplicate receipts.

(b) The information described by Subsection (a) shall be

delivered to the board's successors in office.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.061. EMPLOYEES. The board:

(1) may employ a general manager or administrator, an attorney,

a bookkeeper, and an architect; and

(2) shall employ all other employees necessary for the proper

handling and operation of the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 1047.101. GENERAL POWERS. (a) The board has full

management and control of all district business. The board may

negotiate and contract with any person to purchase or lease land,

to construct and equip a hospital system, and to operate and

maintain the hospital.

(b) The district has the powers of government and the authority

to exercise the rights, privileges, and functions concerning the

purposes for which the district was created that are conferred by

this chapter and any other law in this state from which the

district is entitled to benefit.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.102. HOSPITAL SYSTEM. The district may contract for

the purchase of land, for the hospital system, and for the

construction of the hospital.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.103. 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 district territory if the interest is necessary or

convenient for the district to exercise a right, power,

privilege, or function conferred on the district by this chapter.

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

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

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

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

district is not required to:

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

in the trial court;

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

order or a temporary injunction; or

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

or writ of error.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.104. GIFTS AND ENDOWMENTS. The board may accept for

the district a gift or endowment to be held in trust 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.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.105. CONTRACT IN NAME OF DISTRICT. The district shall

contract in the name of the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.106. CONSTRUCTION CONTRACTS. (a) A contract for

making and constructing improvements authorized by this chapter

and any necessary related work for which the cost exceeds $10,000

shall be awarded:

(1) to the lowest responsible bidder who furnishes satisfactory

evidence that the bidder possesses the equipment and facilities

essential to properly perform the contract; and

(2) after giving notice by:

(A) advertising once a week for four weeks in one or more

newspapers of general circulation in this state; and

(B) posting a notice for at least 10 days at the courthouse

door.

(b) The contract must be in writing and be signed by the

contractors and the directors. A copy of the signed contract

shall be filed with the depository and is subject to inspection

by all interested parties.

specifications and under the supervision of the board and

district agents.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.107. AUTHORITY TO SUE AND BE SUED. The district,

through the board, may sue and be sued in the district's own name

in any court of this state.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 1047.151. BOOK OF ACCOUNTS; ANNUAL AUDIT. (a) The board

shall have kept a complete book of accounts for the district.

(b) On June 1 of each year, the board shall select a competent

auditor to examine the accounts, books, and reports of the

depository, the tax assessor-collector, and the board.

report with the depository, the county clerk, and the board.

(d) The report must state the purposes for which money from each

fund was spent.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.152. DEPOSITORY. The board shall select a depository

for the district in the manner provided by law for the selection

of a county depository. The depository serves for two years

until a successor is selected and qualified.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.153. PURCHASING AUTHORITY. The board may purchase all

necessary supplies, materials, and office equipment to meet the

needs of the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.154. PAYMENT VOUCHERS. A voucher for the payment of

district money shall be signed by at least two directors.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

SUBCHAPTER E. BONDS

Sec. 1047.201. BONDS. The district may issue bonds to:

(1) purchase a site for, construct, and initially equip a

hospital system; and

(2) purchase, lease, acquire, equip, maintain, and operate a

hospital system.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.202. CANCELLATION OF BOND. (a) On the payment of

interest or for the redemption of district bonds, the depository

shall receive and cancel any interest coupon paid or bond

discharged.

(b) When the interest coupon or bond is delivered to the board:

(1) the account of the depository shall be credited with the

amount of the coupon or bond; and

(2) the coupon or bond shall be canceled and destroyed.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.203. RECORD OF BOND ISSUANCE. (a) When bonds are

issued, the board shall procure and deliver to the county

treasurer a well-bound book containing a list of the following

information for all bonds:

(1) manner of payment;

(2) amount of the bonds;

(3) rate of interest;

(4) date of issuance;

(5) due date;

(6) location where payable;

(7) amount received for the bonds; and

(8) the tax imposed to pay the interest on and redeem the bonds.

(b) The book described by Subsection (a) shall be open to

inspection at all times to taxpayers or bondholders.

(1) enter the payment in the book described by Subsection (a);

and

(2) receive for services the same fees allowed by law for

recording the payment as a county clerk recording deeds.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.204. REFUNDING BONDS. (a) The board may issue

refunding bonds to refund outstanding bonds issued by the

district with the consent of the holders of the bonds to be

refunded.

(b) Before issuing refunding bonds, any sum to the credit of any

sinking fund account on hand shall be:

(1) deducted in determining the amount of refunding bonds to be

issued; and

(2) applied to the payment of the outstanding bonds.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.205. REGISTRATION OF REFUNDING BONDS. (a) After

registration of refunding bonds, the comptroller shall:

(1) cancel the bonds to be refunded and the interest coupons for

those bonds; and

(2) deliver the refunding bonds to the proper party.

(b) Bonds to be refunded may be presented for cancellation in

installments with a corresponding amount of refunding bonds

registered and delivered as provided by this section.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.206. TAX TO PAY REFUNDING BONDS. (a) Before

refunding bonds authorized by Section 1047.204 are delivered, the

board shall impose a sufficient tax to pay the principal of and

interest on the bonds.

(b) The refunding of any bonds does not affect any taxes already

due.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.207. BOND PROCEEDS. The directors shall promptly pay

over the proceeds from the sale of district bonds to the

depository to the credit of the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.208. BOND ELECTION EXPENSES. All expenses incident to

holding a bond election shall be paid out of any district funds

except the interest and sinking funds for bonds.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

SUBCHAPTER F. TAXES

Sec. 1047.251. IMPOSITION OF AD VALOREM TAX. (a) The district

may impose a tax on all property in the district subject to

district taxation.

(b) The tax may be used to:

(1) pay the principal of and interest on bonds authorized by

Section 1047.201; and

(2) maintain and operate a hospital or hospital system.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.252. TAX RATE. The district may impose the tax at a

rate not to exceed 75 cents on each $100 valuation of taxable

property in the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

Sec. 1047.253. TAX ASSESSOR-COLLECTOR. The tax

assessor-collector of Jasper County shall assess and collect

taxes for the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

SUBCHAPTER G. MERGER

Sec. 1047.301. MERGER. (a) If a countywide hospital district

is created for Jasper County or if a district is created for the

territory in Jasper County that is not included in the Jasper

Hospital District, the board may choose to merge with the newly

created hospital district if:

(1) the newly created hospital district assumes all outstanding

indebtedness of the Jasper Hospital District; and

(2) the merger of districts is approved by the majority of the

voters voting at an election held by the district.

(b) Notice of an election under this section must be given in

the same manner as provided for an election to elect directors.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.02, eff. April 1, 2009.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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