Bill Text: TX HB3896 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the Jack County Hospital District; authorizing the imposition of a tax.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - See remarks for effective date [HB3896 Detail]
Download: Texas-2013-HB3896-Enrolled.html
H.B. No. 3896 |
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relating to the Jack County Hospital District; authorizing the | ||
imposition of a tax. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 1079.051(b) and (c), Special District | ||
Local Laws Code, are amended to read as follows: | ||
(b) Directors [ |
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(c) A director's term begins on the first day of the month | ||
that immediately follows [ |
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election. | ||
SECTION 2. Subchapter E, Chapter 1079, Special District | ||
Local Laws Code, is amended by adding Sections 1079.209 and | ||
1079.210 to read as follows: | ||
Sec. 1079.209. ADDITIONAL MEANS OF SECURING REPAYMENT OF | ||
BONDS. In addition to the authority to issue general obligation | ||
bonds and revenue bonds under this subchapter, the board may | ||
provide for the security and payment of district bonds from a pledge | ||
of a combination of ad valorem taxes as authorized by Section | ||
1079.202 and revenue and other sources authorized by Section | ||
1079.204. | ||
Sec. 1079.210. USE OF BOND PROCEEDS. The district may use | ||
the proceeds of bonds issued under this subchapter to pay: | ||
(1) any expense the board determines is reasonable and | ||
necessary to issue, sell, and deliver the bonds; | ||
(2) interest payments on the bonds during a period of | ||
acquisition or construction of a project or facility to be provided | ||
through the bonds, not to exceed five years; | ||
(3) costs related to the operation and maintenance of | ||
a project or facility to be provided through the bonds: | ||
(A) during an estimated period of acquisition or | ||
construction, not to exceed five years; and | ||
(B) for one year after the project or facility is | ||
acquired or constructed; | ||
(4) costs related to the financing of the bond funds, | ||
including debt service reserve and contingency funds; | ||
(5) costs related to the bond issuance; | ||
(6) costs related to the acquisition of land or | ||
interests in land for a project or facility to be provided through | ||
the bonds; and | ||
(7) costs of construction of a project or facility to | ||
be provided through the bonds, including the payment of related | ||
professional services and expenses. | ||
SECTION 3. Chapter 1079, Special District Local Laws Code, | ||
is amended by adding Subchapter G to read as follows: | ||
SUBCHAPTER G. DISSOLUTION | ||
Sec. 1079.301. DISSOLUTION; ELECTION. (a) The district | ||
may be dissolved only on approval of a majority of the district | ||
voters voting in an election held for that purpose. | ||
(b) The board may order an election on the question of | ||
dissolving the district and disposing of the district's assets and | ||
obligations. | ||
(c) The board shall order an election if the board receives | ||
a petition requesting an election that is signed by at least 15 | ||
percent of the registered voters in the district. | ||
(d) The order calling the election must state: | ||
(1) the nature of the election, including the | ||
proposition to appear on the ballot; | ||
(2) the date of the election; | ||
(3) the hours during which the polls will be open; and | ||
(4) the location of the polling places. | ||
Sec. 1079.302. NOTICE OF ELECTION. (a) The board shall | ||
give notice of an election under this subchapter by publishing once | ||
a week for two consecutive weeks a substantial copy of the election | ||
order in a newspaper with general circulation in the district. | ||
(b) The first publication of the notice must appear not | ||
later than the 35th day before the date set for the election. | ||
Sec. 1079.303. BALLOT. The ballot for an election under | ||
this subchapter must be printed to permit voting for or against the | ||
proposition: "The dissolution of the Jack County Hospital | ||
District." | ||
Sec. 1079.304. 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) If a majority of the votes in the election do not favor | ||
dissolution, the board shall continue to administer the district | ||
and another election on the question of dissolution may not be held | ||
before the first anniversary of the date of the most recent election | ||
to dissolve the district. | ||
Sec. 1079.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a) | ||
If a majority of the votes in an election held under this subchapter | ||
favor dissolution, the board shall: | ||
(1) transfer the land, buildings, improvements, | ||
equipment, and other assets that belong to the district to Jack | ||
County or another governmental entity in Jack County; or | ||
(2) administer the property, assets, and debts until | ||
all money has been disposed of and all district debts have been paid | ||
or settled. | ||
(b) If the board makes the transfer under Subsection (a)(1), | ||
the county or entity assumes all debts and obligations of the | ||
district at the time of the transfer, and the district is dissolved. | ||
(c) If Subsection (a)(1) does not apply and the board | ||
administers the property, assets, and debts of the district under | ||
Subsection (a)(2), the district is dissolved when all money has | ||
been disposed of and all district debts have been paid or settled. | ||
Sec. 1079.306. 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 the property included in the district's | ||
tax rolls a tax that is in proportion of the debt to the property | ||
value. | ||
(b) On the payment of all outstanding debts and obligations | ||
of the district, the board shall order the secretary to return to | ||
each district taxpayer the taxpayer's pro rata share of all unused | ||
tax money. | ||
(c) A taxpayer may request that the taxpayer's share of | ||
surplus tax money be credited to the taxpayer's county taxes. If a | ||
taxpayer requests the credit, the board shall direct the secretary | ||
to transmit the money to the county tax assessor-collector. | ||
Sec. 1079.307. 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 board shall file a written report with the Commissioners Court | ||
of Jack County summarizing the board's actions in dissolving the | ||
district. | ||
(b) Not later than the 10th day after the date the | ||
Commissioners Court of Jack County receives the report and | ||
determines that the requirements of this subchapter have been | ||
fulfilled, the commissioners court shall enter an order dissolving | ||
the district and releasing the board from any further duty or | ||
obligation. | ||
SECTION 4. (a) The election of the board of directors of the | ||
Jack County Hospital District scheduled to be held in 2014 must be | ||
held in November of that year. The directors elected to places 1 | ||
and 3 at the election shall serve three-year terms. The director | ||
elected to place 5 at the election shall serve a two-year term. | ||
(b) The election of the board of directors scheduled to be | ||
held in November 2015 must be held, and the directors elected to | ||
places 2 and 4 at that election shall serve three-year terms. | ||
(c) The directors elected at the elections to be held in | ||
November 2016, November 2017, and November 2018 shall serve | ||
three-year terms. | ||
SECTION 5. (a) Except as provided by Subsection (b) of this | ||
section: | ||
(1) this Act takes effect immediately if it receives a | ||
vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution; and | ||
(2) if this Act does not receive the vote necessary for | ||
immediate effect, this Act takes effect September 1, 2013. | ||
(b) Section 1079.051, Special District Local Laws Code, as | ||
amended by this Act, takes effect September 1, 2014. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3896 was passed by the House on May 2, | ||
2013, by the following vote: Yeas 146, Nays 1, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3896 was passed by the Senate on May | ||
20, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |