reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.026. Indemnification

Sec. 221.026.  INDEMNIFICATION.  (a)  Except as provided by Subsection (c), a development corporation may indemnify a director or officer or a former director or officer for expenses and costs, including attorney's fees, actually or necessarily incurred by the person in connection with a claim asserted against the person, by action in court or other forum, because of the person's being or having been a director or officer.
(b)  If a development corporation has not fully indemnified a director or officer under Subsection (a), the court in a proceeding in which a claim is asserted against the director or officer, or a court having jurisdiction over an action brought by the director or officer on a claim for indemnity, may assess indemnity against the corporation or its receiver or trustee.  The assessment must equal:
(1)  the amount that the director or officer paid to satisfy the judgment or compromise the claim, not including any amount paid the corporation;  and
(2)  to the extent the court considers reasonable and equitable, the expenses and costs, including attorney's fees, actually and necessarily incurred by the director or officer in connection with the claim.
(c)  A development corporation may not provide indemnity in a matter if the director or officer is guilty of negligence or misconduct in relation to the matter.  A court may not assess indemnity unless it finds that the director or officer was not guilty of negligence or misconduct in relation to the matter in which indemnity is sought.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.027. Bylaws

Sec. 221.027.  BYLAWS.  (a)  The board of directors shall adopt a development corporation's initial bylaws and may amend or repeal the bylaws or adopt new bylaws.  The bylaws and each amendment and repeal of the bylaws must be approved by the sponsoring entity's governing body by resolution.
(b)  The bylaws may contain any provision for the regulation and management of the development corporation's affairs consistent with law and the articles of incorporation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.028. Committees

Sec. 221.028.  COMMITTEES.  (a)  If permitted by the articles of incorporation or bylaws, the board of directors, by resolution adopted by a majority of directors in office, may designate one or more committees consisting of two or more directors to exercise the board's authority in the management of the development corporation to the extent provided by the resolution, articles of incorporation, or bylaws.  The designation of a committee or delegation of authority to a committee does not relieve the board of directors or an individual director of a responsibility imposed by law.
(b)  Other committees not exercising the authority of the board of directors in the management of the development corporation may be designated.  Those committees may be, but need not be, limited to directors, and shall be designated and appointed by:
(1)  the board of directors by resolution of a majority of directors adopted at a meeting at which a quorum is present;  or
(2)  the president, if authorized by the articles of incorporation, bylaws, or a resolution of a majority of the board of directors adopted at a meeting at which a quorum is present.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.029. Meetings; Action Without Meeting

Sec. 221.029.  MEETINGS;  ACTION WITHOUT MEETING.  (a)  A regular board of directors meeting may be called and held, with or without notice, as provided by the bylaws.  A special board of directors meeting may be held on notice as provided by the bylaws.  A regular or special meeting may be held at any location in the state.
(b)  Notice or waiver of notice of a regular or special board of directors meeting need not specify the business to be transacted or the meeting's purpose, unless required by the bylaws.
(c)  A director's attendance at a meeting waives notice to the director of the meeting, unless the attendance is for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened.
(d)  A quorum is the lesser of:
(1)  a majority of the number of directors established by the bylaws, or if the bylaws do not establish a number of directors, a majority of the number of directors stated in the articles of incorporation;  or
(2)  the number of directors, which number may not be smaller than three, established as a quorum by the articles of incorporation or bylaws.
(e)  The act of a majority of the directors present at a meeting at which a quorum is present is an act of the board of directors, unless the act of a larger number is required by the articles of incorporation or bylaws.  The articles of incorporation control if, with respect to an action to be taken by the board of directors, the articles of incorporation require the vote or concurrence of a greater proportion of directors than required by this chapter with respect to the action.
(f)  An action required or permitted to be taken at a board of directors meeting may be taken without a meeting if a consent is signed by all directors.  An action permitted to be taken at a committee meeting may be taken without a meeting if a consent is signed by all members of the committee.  A consent under this subsection must be in writing and must set forth the action to be taken.  The consent has the effect of a unanimous vote and may be stated as a unanimous vote in articles or other documents filed with the secretary of state under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.031. Conveyance of Land

Sec. 221.031.  CONVEYANCE OF LAND.  (a)  A development corporation may convey land by deed if the conveyance is authorized by an appropriate resolution of the board of directors.  The deed may be with or without the corporation's seal and must be signed by the corporation's president, vice-president, or attorney.
(b)  If the deed is acknowledged by the signing officer or attorney to be the act of the development corporation, or if the deed is proved in the manner prescribed for other conveyances of land, it may be recorded in the same manner and with the same effect as other deeds.
(c)  A deed that is signed by the development corporation's president or vice-president and recorded is prima facie evidence that the board of directors adopted the appropriate resolution.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.032. Perfection of Security Interest

Sec. 221.032.  PERFECTION OF SECURITY INTEREST.  A security interest granted by a corporation may be perfected in the manner and with the effect provided by Chapter 9, Business & Commerce Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 414, Sec. 2.32, eff. July 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.033. Taxation

Sec. 221.033.  TAXATION.  (a)  A health facility, including a leasehold estate in a health facility, that is owned by a development corporation and that, except for the purposes and nonprofit nature of the corporation, would be taxable to the corporation under Title 1, Tax Code, shall be assessed to the user of the health facility to the same extent and subject to the same exemptions from taxation as if the user owned the health facility.  If there is more than one user of the health facility, the health facility shall be assessed to the users in proportion to the value of the rights of each user to occupy, operate, manage, or employ the health facility.
(b)  The user of a health facility is considered the owner of the health facility for purposes of the application of:
(1)  sales and use taxes in construction, sale, lease, or rental of the health facility;  and
(2)  other taxes levied or imposed by the state or a political subdivision of the state.
(c)  A development corporation is engaged exclusively in performance of charitable functions and is exempt from taxation by the state, a municipality, or other political subdivision of the state.  Bonds issued by a corporation under this chapter, a transfer of the bonds, interest on the bonds, and a profit from the sale or exchange of the bonds are exempt from taxation by the state, a municipality, or other political subdivision of the state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.034. Net Earnings

Sec. 221.034.  NET EARNINGS.  A development corporation is a nonprofit corporation, and no part of its net earnings remaining after payment of its bonds and expenses of accomplishing its public purpose may benefit a person other than the sponsoring entity.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.035. Alteration of Development Corporation or Activities

Sec. 221.035.  ALTERATION OF DEVELOPMENT CORPORATION OR ACTIVITIES.  The sponsoring entity, in its sole discretion, may alter the development corporation's structure, organization, programs, or activities, subject only to limitations provided by law relating to the impairment of contracts entered into by the corporation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.036. Examination of Books and Records

Sec. 221.036.  EXAMINATION OF BOOKS AND RECORDS.  A representative of the sponsoring entity may examine all books and records of the development corporation at any time.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.037. Waiver of Notice

Sec. 221.037.  WAIVER OF NOTICE.  If a notice is required to be given to a director by this chapter, the articles of incorporation, or bylaws, a waiver of the notice signed by the person entitled to the notice, before or after the time that would have been stated in the notice, is equivalent to giving the notice.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter C. Bonds › Section 221.061. Authority to Issue; Use of Proceeds

Sec. 221.061.  AUTHORITY TO ISSUE;  USE OF PROCEEDS.  (a)  A development corporation may issue bonds to pay all or part of the cost of a health facility or for cash management.
(b)  Before preparation and issuance of definitive bonds, the development corporation may issue interim receipts or temporary bonds, with or without coupons, that may be exchanged for definitive bonds after the definitive bonds are executed and available for delivery.  The term of the interim receipts or temporary bonds may not exceed three years.
(c)  Bond proceeds may be used only for payment of all or part of the cost of a health facility for which the bonds have been issued, for making a loan in the amount of all or part of the cost of that health facility, or for deposit to a reserve fund for the bonds.  The proceeds shall be disbursed in the manner and under the restrictions determined by the development corporation.
(d)  From the bond proceeds, the development corporation shall be paid an amount equal to:
(1)  the corporation's expenses and costs in issuing, selling, and delivering the bonds, including financing, legal, financial advisory, and printing expenses;  and
(2)  the compensation paid to employees of the corporation for the time the employees spend on activities relating to issuing, selling, and delivering the bonds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter C. Bonds › Section 221.062. Information Filed With Sponsoring Entity

Sec. 221.062.  INFORMATION FILED WITH SPONSORING ENTITY.  (a)  Not later than the 15th day before the date on which bonds are issued, the proceeds of which are to be used to pay all or part of the cost of a health facility, the development corporation shall file with the sponsoring entity's governing body a full and complete description of the health facility, including:
(1)  an explanation of the projected costs and of the necessity for the proposed health facility;  and
(2)  the name of the proposed user of the health facility.
(b)  If the bond proceeds are to be used for cash management, the user shall file with the sponsoring entity's governing body a forecast of the user's need for cash based on the user's most recent revenue estimate.  The forecast must contain a detailed report of estimated revenues and expenditures for each month for a period of not more than one year.
(c)  After issuing the bonds and before using all of the bond proceeds, the development corporation may amend the filing required by this section and use the proceeds as provided by the amended filing if the sponsoring entity's governing body determines that the use according to the amended filing furthers the purposes of this chapter.
(d)  Information filed under this section is public information open to public inspection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter C. Bonds › Section 221.063. Terms

Sec. 221.063.  TERMS.  (a)  Bonds issued under this chapter must be dated and bear interest at a fixed or variable rate determined by the development corporation.  The bonds must mature at the time determined by the corporation, but may not mature later than 40 years after their date of issuance.  Bonds issued for cash management may not mature later than 24 months after their date of issuance.
(b)  The bonds may be made redeemable before maturity at the price and on the terms determined by the development corporation.
(c)  The bonds, including any interest coupons initially attached, must be in the form and denomination, payable at the place, and executed or authenticated in the manner that the development corporation determines.
(d)  The bonds may be issued in coupon or registered form or be payable to a specific person, as the development corporation determines.  The corporation may provide for the registration of coupon bonds as to principal only, for the conversion of coupon bonds into fully registered bonds without coupons, and for reconversion into coupon bonds of fully registered bonds without coupons.  The duty of conversion or reconversion may be imposed on a trustee in a trust agreement.
(e)  The signature or facsimile of the signature of an officer that appears on the bonds or coupons remains valid and sufficient for all purposes regardless of whether the person ceases to be an officer before delivery of and payment for the bonds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter C. Bonds › Section 221.064. Sale

Sec. 221.064.  SALE.  (a)  A development corporation shall sell at a public or private sale the bonds at the price it determines.
(b)  The net effective interest rate on the bonds, computed according to Chapter 1204, Government Code, may not exceed the maximum annual interest rate established for business loans of $250,000 or more in this state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.249, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter C. Bonds › Section 221.065. Refunding Bonds

Sec. 221.065.  REFUNDING BONDS.  (a)  A development corporation may issue bonds to refund any of its valid outstanding bonds, including any bonds issued for unspecified projects and including any redemption premium on the bonds and interest accrued to the date of redemption, on a finding by the board of directors of the development corporation that there is a public benefit and a public purpose for the refunding.
(b)  The provisions of this chapter generally applicable to bonds apply to the issuance, maturity, terms, and holder's rights in the refunding bonds, and to the development corporation's rights, duties, and obligations in relation to the refunding bonds.
(c)  The development corporation may issue the refunding bonds in exchange or substitution for outstanding bonds or may sell the refunding bonds and use the proceeds to pay or redeem outstanding bonds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 829, Sec. 2, eff. June 19, 1993.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter C. Bonds › Section 221.066. Source of Payment; Bonds Not General Obligation

Sec. 221.066.  SOURCE OF PAYMENT;  BONDS NOT GENERAL OBLIGATION.  (a)  The principal of, interest on, and any redemption penalty on bonds issued under this chapter are payable solely from, and may be secured by a pledge of all or part of, one or more of the following:
(1)  the bond proceeds;
(2)  revenue derived from the lease or sale of a health facility or from a loan made by a development corporation to finance or refinance all or part of a health facility;
(3)  revenue derived from the operation of a health facility;  or
(4)  other revenue provided by a user of a health facility.
(b)  The bonds are not an obligation or a pledge of the faith and credit of the state, a sponsoring entity, or other political subdivision or agency of the state.
(c)  Each bond must contain on its face a statement that:
(1)  neither the state nor a political subdivision or agency of the state, including the sponsoring entity, is obligated to pay the bonds or interest on the bonds;  and
(2)  neither the faith and credit nor the taxing power of the state, the sponsoring entity, or other political subdivision or agency of the state is pledged to the payment of the principal of or interest or any redemption premium on the bonds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter C. Bonds › Section 221.067. Exempt Securities

Sec. 221.067.  EXEMPT SECURITIES.  (a)  Bonds issued under this chapter and any interest coupons are exempt securities under The Securities Act (Title 12, Government Code).
(b)  If the bonds are secured by an agreement by a user to pay to the development corporation amounts sufficient to pay the principal of and interest and any redemption premium on the bonds, the agreement, for the purposes of The Securities Act (Title 12, Government Code), is a separate security issued to purchasers of the bonds by the user, and not by the corporation.  The agreement is exempt from that Act only if:
(1)  that Act exempts the agreement; or
(2)  the bonds or the payments to be made under the agreement are guaranteed by any person and the guarantee is an exempt security under that Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.28, eff. January 1, 2022.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter C. Bonds › Section 221.068. Legal Investments; Security for Deposits

Sec. 221.068.  LEGAL INVESTMENTS;  SECURITY FOR DEPOSITS.  (a)  Unless made ineligible under other law, rules, or rulings, bonds are legal and authorized investments for:
(1)  a bank;
(2)  a savings bank;
(3)  a trust company;
(4)  a savings and loan association;
(5)  an insurance company;
(6)  a fiduciary, trustee, or guardian;  and
(7)  a sinking fund of a municipality, county, school district, or other political corporation or subdivision of the state.
(b)  The bonds may secure the deposit of public funds of the state or a municipality, county, school district, or other political corporation or subdivision of the state.  The bonds are lawful and sufficient security for those deposits at their face value if accompanied by all appurtenant unmatured coupons, if any.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter D. Dissolution of Corporation › Section 221.081. Dissolution Authorized

Sec. 221.081.  DISSOLUTION AUTHORIZED.  After a development corporation's bonds and other obligations are paid and discharged, or adequate provision is made for their payment and discharge, the sponsoring entity's governing body by written resolution shall authorize and direct the dissolution of the corporation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter D. Dissolution of Corporation › Section 221.082. Articles of Dissolution

Sec. 221.082.  ARTICLES OF DISSOLUTION.  (a)  Articles of dissolution on behalf of the corporation shall be executed by:
(1)  the president or vice-president and the secretary or assistant secretary;  or
(2)  the presiding officer of the sponsoring entity's governing body and the secretary or clerk of that body.
(b)  An officer signing the articles of dissolution shall verify them.
(c)  The articles of dissolution must include:
(1)  the name of the development corporation;
(2)  the name and address of the sponsoring entity;
(3)  a statement that the dissolution was authorized by the governing body of the sponsoring entity;
(4)  the date of the meeting at which the dissolution was authorized;
(5)  a statement that all of the corporation's bonds and obligations have been paid and discharged or that adequate provision has been made for their payment and discharge;  and
(6)  a statement that no suit is pending in a court against the corporation or that adequate provision has been made for the satisfaction of any judgment, order, or decree that may be entered against the corporation in each pending suit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter D. Dissolution of Corporation › Section 221.083. Certificate of Dissolution

Sec. 221.083.  CERTIFICATE OF DISSOLUTION.  (a)  The original and two copies of the articles of dissolution shall be delivered to the secretary of state.
(b)  If the secretary of state finds that the articles of dissolution comply with this chapter and have been authorized by the sponsoring entity's governing body, the secretary of state, on payment of all fees required by this chapter, shall:
(1)  write "filed" on the original and each copy of the articles of dissolution and the month, day, and year of the filing;
(2)  file the original in the office of the secretary of state;  and
(3)  issue two certificates of dissolution with a copy of the articles of dissolution attached to each.
(c)  The secretary of state shall deliver a certificate of dissolution with a copy of the articles of dissolution attached to the representative of the dissolved development corporation and to the sponsoring entity's governing body.
(d)  The existence of the development corporation ceases on issuance of the certificates of dissolution, except for the purpose of suits, other proceedings, and appropriate corporate action by the directors and officers of the corporation as provided by this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter D. Dissolution of Corporation › Section 221.084. Extension of Duration

Sec. 221.084.  EXTENSION OF DURATION.  If a corporation is dissolved by expiration of its duration, the corporation may amend its articles of incorporation to extend its duration within three years after the date of dissolution.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter D. Dissolution of Corporation › Section 221.085. Vesting Property in Sponsoring Entity

Sec. 221.085.  VESTING PROPERTY IN SPONSORING ENTITY.  The title to all funds and other property owned by a development corporation when it dissolves automatically vests in the sponsoring entity without further conveyance, transfer, or other act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter D. Dissolution of Corporation › Section 221.086. Rights, Claims, and Liabilities Before Dissolution

Sec. 221.086.  RIGHTS, CLAIMS, AND LIABILITIES BEFORE DISSOLUTION.  The dissolution of a development corporation by issuance of a certificate of dissolution or expiration of its duration does not impair a remedy available to or against the corporation or a director or officer of the corporation for a right or claim existing or a liability incurred before the dissolution, if action or other proceeding on the remedy is begun within three years after the date of the dissolution.  The action may be prosecuted or defended by the corporation in its corporate name.  The directors and officers may take corporate or other action as appropriate to protect the remedy, right, or claim.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter E. Administration by Secretary of State › Section 221.101. Administration of Chapter

Sec. 221.101.  ADMINISTRATION OF CHAPTER.  The secretary of state may act as reasonably necessary to efficiently administer this chapter and to perform the duties imposed by this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter E. Administration by Secretary of State › Section 221.102. Fees

Sec. 221.102.  FEES.  (a)  The secretary of state shall charge and collect fees for:
(1)  filing articles of incorporation and issuing two certificates of incorporation;
(2)  filing articles of amendment and issuing two certificates of amendment;
(3)  filing a statement of change of address of registered office or change of registered agent, or both;
(4)  filing restated articles of incorporation and issuing two restated articles of incorporation;  and
(5)  filing articles of dissolution.
(b)  The fees are in the amounts charged by the secretary of state for the respective filings and issuances under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter E. Administration by Secretary of State › Section 221.103. Notice and Appeal of Disapproval

Sec. 221.103.  NOTICE AND APPEAL OF DISAPPROVAL.  (a)  If the secretary of state fails to approve a document required by this chapter to be approved by the secretary of state, the secretary of state, not later than the 10th day after the date the document is delivered to the secretary of state, shall give written notice of the disapproval to the person who delivered the document.  The notice must state the reasons for the disapproval.
(b)  The person may appeal the disapproval to a district court of Travis County by filing with the clerk of the court a petition including a copy of the disapproved document and a copy of the disapproval notice.
(c)  The court shall try the matter de novo, and either sustain the secretary of state's action or direct the secretary of state to take action the court considers proper.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter E. Administration by Secretary of State › Section 221.104. Documents as Prima Facie Evidence

Sec. 221.104.  DOCUMENTS AS PRIMA FACIE EVIDENCE.  The following documents shall be received by a court, public office, or official body as prima facie evidence of the facts, or the existence or nonexistence of the facts, stated in the document:
(1)  a certificate issued by the secretary of state under this chapter;
(2)  a copy, certified by the secretary of state, of a document filed in the office of the secretary of state under this chapter;  and
(3)  a certificate of the secretary of state under the state seal as to the existence or nonexistence of a fact relating to a development corporation that would not appear from a document or certificate under Subdivision (1) or (2).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 300, Sec. 33, eff. Aug. 30, 1993.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 222 - Health Care Facility Survey, Construction, Inspection, and Regulation › Subchapter A. Survey and Construction of Hospitals › Section 222.001. Short Title

Sec. 222.001.  SHORT TITLE.  This subchapter may be cited as the Texas Hospital Survey and Construction Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0566, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 222 - Health Care Facility Survey, Construction, Inspection, and Regulation › Subchapter A. Survey and Construction of Hospitals › Section 222.002. Definitions

Sec. 222.002.  DEFINITIONS.  In this subchapter:
(2)  "Commissioner" means the commissioner of state health services.
(3)  "Department" means the Department of State Health Services.
(3-a)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(4)  "Hospital" includes a public health center, a general hospital, or a tuberculosis, mental, chronic disease, or other type of hospital, and related facilities such as a laboratory, outpatient department, nurses' home and training facility, or central service facility operated in connection with a hospital.
(5)  "Public health center" means a publicly owned facility for providing public health services and includes related facilities such as a laboratory, clinic, or administrative office operated in connection with a facility for providing public health services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0566, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 222 - Health Care Facility Survey, Construction, Inspection, and Regulation › Subchapter A. Survey and Construction of Hospitals › Section 222.003. Exception

Sec. 222.003.  EXCEPTION.  This subchapter does not apply to a hospital furnishing primarily domiciliary care.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0566, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 222 - Health Care Facility Survey, Construction, Inspection, and Regulation › Subchapter A. Survey and Construction of Hospitals › Section 222.005. Survey, Planning, and Construction of Hospitals

Sec. 222.005.  SURVEY, PLANNING, AND CONSTRUCTION OF HOSPITALS.  (a)  The department is the only agency of the state authorized to make an inventory of existing hospitals, survey the need for construction of hospitals, and develop a program of hospital construction as provided by the federal Hospital Survey and Construction Act (42 U.S.C. Section 291 et seq.).
(b)  The executive commissioner may adopt rules to meet the requirements of the federal Hospital Survey and Construction Act relating to survey, planning, and construction of hospitals and public health centers. The executive commissioner shall adopt other rules the executive commissioner considers necessary.
(c)  The commissioner may establish methods of administration and shall:
(1)  require reports and make inspections and investigations as the commissioner considers necessary; and
(2)  take other action that the commissioner considers necessary to carry out the federal Hospital Survey and Construction Act and the regulations adopted under that Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0566, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 222 - Health Care Facility Survey, Construction, Inspection, and Regulation › Subchapter A. Survey and Construction of Hospitals › Section 222.006. Funding

Sec. 222.006.  FUNDING.  (a)  The department shall accept, on behalf of the state, a payment of federal funds or a gift or grant made to assist in meeting the cost of carrying out the purpose of this subchapter, and may spend the payment, gift, or grant for that purpose.
(b)  The department shall deposit the payment, gift, or grant in the state treasury to the credit of the hospital construction fund.
(c)  The department shall deposit to the credit of the hospital construction fund money received from the federal government for a construction project approved by the surgeon general of the United States Public Health Service.  The department shall use the money only for payments to applicants for work performed and purchases made in carrying out approved projects.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0566, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 222 - Health Care Facility Survey, Construction, Inspection, and Regulation › Subchapter A. Survey and Construction of Hospitals › Section 222.007. Agreements for Use of Facilities and Services of Other Entities

Sec. 222.007.  AGREEMENTS FOR USE OF FACILITIES AND SERVICES OF OTHER ENTITIES.  To the extent the department considers desirable to carry out the purposes of this subchapter, the department may enter into an agreement for the use of a facility or service of another public or private department, agency, or institution.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0566, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 222 - Health Care Facility Survey, Construction, Inspection, and Regulation › Subchapter A. Survey and Construction of Hospitals › Section 222.008. Experts and Consultants

Sec. 222.008.  EXPERTS AND CONSULTANTS.  The department may contract for services of experts or consultants, or organizations of experts or consultants, on a part-time or fee-for-service basis.  The contracts may not involve the performance of administrative duties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0566, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 222 - Health Care Facility Survey, Construction, Inspection, and Regulation › Subchapter A. Survey and Construction of Hospitals › Section 222.009. Report

Sec. 222.009.  REPORT.  (a)  The department annually shall report to the executive commissioner on activities and expenditures under this subchapter.
(b)  The department shall include in the report recommendations for additional legislation that the department considers appropriate to furnish adequate hospital, clinic, and similar facilities to the public.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0566, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 222 - Health Care Facility Survey, Construction, Inspection, and Regulation › Subchapter B. Limitation on Inspection and Other Regulation of Health Care Facilities › Section 222.022. Definitions

Sec. 222.022.  DEFINITIONS.  In this subchapter:
(1)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(2)  "Health care facility" has the meaning assigned by Section 104.002, except that the term does not include a chemical dependency treatment facility licensed by the Department of State Health Services under Chapter 464.
(3)  "Inspection" includes a survey, inspection, investigation, or other procedure necessary for a state agency to carry out an obligation imposed by federal and state laws, rules, and regulations.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0566, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 222 - Health Care Facility Survey, Construction, Inspection, and Regulation › Subchapter B. Limitation on Inspection and Other Regulation of Health Care Facilities › Section 222.023. Limitation on Inspections

Sec. 222.023.  LIMITATION ON INSPECTIONS.  (a)  A state agency may make or require only those inspections necessary to carry out obligations imposed on the agency by federal and state laws, rules, and regulations.
(b)  Instead of making an on-site inspection, a state agency shall accept an on-site inspection by another state agency charged with making an inspection if the inspection substantially complies with the accepting agency's inspection requirements.
(c)  A state agency shall coordinate its inspections within the agency and with inspections required of other agencies to ensure compliance with this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0566, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 222 - Health Care Facility Survey, Construction, Inspection, and Regulation › Subchapter B. Limitation on Inspection and Other Regulation of Health Care Facilities › Section 222.024. Certification or Accreditation Instead of Inspection

Sec. 222.024.  CERTIFICATION OR ACCREDITATION INSTEAD OF INSPECTION.  (a)  Except as provided by Subsection (c), a hospital licensed by the Department of State Health Services is not subject to additional annual licensing inspections before the department issues the hospital a license while the hospital maintains:
(1)  certification under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.); or
(2)  accreditation from The Joint Commission, the American Osteopathic Association, or other national accreditation organization for the offered services.
(b)  If the Department of State Health Services licenses a hospital exempt from an annual licensing inspection under Subsection (a), the department shall issue a renewal license to the hospital if the hospital annually:
(1)  submits a complete application required by the department;
(2)  remits any applicable fees;
(3)  submits a copy of documentation from the certification or accreditation body showing that the hospital is certified or accredited; and
(4)  submits a copy of the most recent fire safety inspection report from the fire marshal in whose jurisdiction the hospital is located.
(c)  The Department of State Health Services may conduct an inspection of a hospital exempt from an annual licensing inspection under Subsection (a) before issuing a renewal license to the hospital if the certification or accreditation body has not conducted an on-site inspection of the hospital in the preceding three years and the department determines that an inspection of the hospital by the certification or accreditation body is not scheduled within 60 days.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 584, Sec. 16, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 223, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0566, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 222 - Health Care Facility Survey, Construction, Inspection, and Regulation › Subchapter B. Limitation on Inspection and Other Regulation of Health Care Facilities › Section 222.026. Complaint Investigations and Enforcement Authority

Sec. 222.026.  COMPLAINT INVESTIGATIONS AND ENFORCEMENT AUTHORITY.  (a)  Section 222.024 does not affect the authority of the Department of State Health Services to implement and enforce the provisions of Chapter 241 (Texas Hospital Licensing Law) to:
(1)  reinspect a hospital if a hospital applies for the reissuance of its license after a final ruling upholding the suspension or revocation of a hospital's license, the assessment of administrative or civil penalties, or the issuance of an injunction against the hospital for violations of provisions of the licensing law, rules adopted under the licensing law, special license conditions, or orders of the commissioner of state health services; or
(2)  investigate a complaint against a hospital and, if appropriate, enforce the provisions of the licensing law on a finding by the Department of State Health Services that reasonable cause exists to believe that the hospital has violated provisions of the licensing law, rules adopted under the licensing law, special license conditions, or orders of the commissioner of state health services; provided, however, that the Department of State Health Services shall coordinate with the federal Centers for Medicare and Medicaid Services and its agents responsible for the inspection of hospitals to determine compliance with the conditions of participation under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.), so as to avoid duplicate investigations.
(b)  The executive commissioner shall by rule establish a procedure for the acceptance and timely review of complaints received from hospitals concerning the objectivity, training, and qualifications of the persons conducting the inspection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 64, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 584, Sec. 17, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0566, eff. April 2, 2015.