reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter C. General Powers and Duties › Section 281.056. Authority to Sue and Be Sued; Legal Representation

Sec. 281.056.  AUTHORITY TO SUE AND BE SUED;  LEGAL REPRESENTATION.  (a)  The board may sue and be sued.  A health care liability claim, as defined by Section 74.001, Civil Practice and Remedies Code, may be brought against the district only in the county in which the district is established.
(b)  Except as provided by Subsection (b-1), a district may employ or contract with private legal counsel to represent the district on any legal matter. If the district does not employ or contract with private legal counsel on a legal matter, the county attorney, district attorney, or criminal district attorney, as appropriate, with the duty to represent the county in civil matters shall represent the district.
(b-1)  The county attorney, district attorney, or criminal district attorney, as appropriate, with the duty to represent the county in civil matters shall, in all legal matters, represent a district located in:
(1) a county that borders the United Mexican States and in which a municipality with a population of 500,000 or more is located;
(2)  a county with a population of 3.4 million or more; or
(3)  a county with a population of more than 1.2 million that was not included in the boundaries of a hospital district before September 1, 2003.
(c)  A board that receives legal services from a county attorney, district attorney, or criminal district attorney may employ additional private legal counsel when the board determines that additional counsel is advisable.  A board that contracts or employs private legal counsel under Subsection (b) may request and receive additional legal services from the county attorney, district attorney, or criminal district attorney, as appropriate, with the duty to represent the county in civil matters when the board determines that additional counsel is necessary.
(d)  If the district receives legal services from a county attorney, district attorney, or criminal district attorney, the district shall contribute sufficient funds to the general fund of the county for the account of the budget of the county attorney, district attorney, or criminal district attorney, as appropriate, to pay all additional salaries and expenses incurred by that officer in performing the duties required by the district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 204, Sec. 3.08, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 11, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 36, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 78, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter C. General Powers and Duties › Section 281.0565. Charitable Organizations

Sec. 281.0565.  CHARITABLE ORGANIZATIONS.  (a)  In this section, "charitable organization" means an organization that is exempt from federal income tax under Section 501(a) of the Internal Revenue Code of 1986 by being listed as an exempt organization in Section 501(c)(3) or 501(c)(4) of the code.
(b)  A district may create a charitable organization to facilitate the management of a district health care program by providing or arranging health care services, developing resources for health care services, or providing ancillary support services for the district.
(c)  A charitable organization created by a district under this section is a unit of local government only for purposes of Chapter 101, Civil Practice and Remedies Code.
(d)  A district may make a capital or other financial contribution to a charitable organization created by the district to provide regional administration and delivery of health care services to or for the district.
(e)  A charitable organization created by a district under this section may contract, collaborate, or enter into a joint venture or other agreement with a public or private entity, without regard to that entity's for-profit or nonprofit status, and may hold an ownership interest in such an entity.
(f)  A charitable organization created by a district under this section remains subject to the laws of this state and the United States that govern charitable organizations.  Nothing in this section may be construed as abrogating or modifying any other provision of law governing charitable organizations.
Added by Acts 1997, 75th Leg., ch. 104, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 164 (S.B. 1107), Sec. 6, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 363 (H.B. 2557), Sec. 2, eff. June 9, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter C. General Powers and Duties › Section 281.057. Employment of District Peace Officers

Sec. 281.057.  EMPLOYMENT OF DISTRICT PEACE OFFICERS.  (a)  The board of the Dallas County Hospital District, the Tarrant County Hospital District, the Bexar County Hospital District, or the El Paso County Hospital District may employ and commission peace officers for the district.
(b)  The jurisdiction of a peace officer commissioned under this section includes the property owned or controlled by the district that employs the peace officer and any street abutting, right-of-way over or through, or easement in the property.
(c)  In a district peace officer's jurisdiction, the peace officer has the authority granted by Chapter 14, Code of Criminal Procedure.  The peace officer may also make an arrest without a warrant in the officer's jurisdiction if the offense involves injury or harm to any property owned or controlled by the district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 853, Sec. 1, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 888, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 402 (S.B. 601), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter C. General Powers and Duties › Section 281.058. Authority to Form Captive Insurance or Captive Management Company

Sec. 281.058.  AUTHORITY TO FORM CAPTIVE INSURANCE OR CAPTIVE MANAGEMENT COMPANY.  (a)  In this section, "captive insurance company" and "captive management company" have the meanings assigned to those terms by Section 964.001, Insurance Code.
(b)  A district, a combination of districts, or a nonprofit corporation formed by a district or a combination of districts to further the purposes of the district or districts, as appropriate, may form a captive insurance company or a captive management company in accordance with the provisions of Chapter 964, Insurance Code, for the purpose of engaging in the business of insurance under that chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 363 (H.B. 2557), Sec. 3, eff. June 9, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter C. General Powers and Duties › Section 281.059. Dallas County Hospital District; Broker Agreements and Fees for Sale of Real Property

Sec. 281.059.  DALLAS COUNTY HOSPITAL DISTRICT; BROKER AGREEMENTS AND FEES FOR SALE OF REAL PROPERTY.  (a)  In this section:
(1)  "Broker" means a person licensed as a broker under Chapter 1101, Occupations Code.
(2)  "District" means the Dallas County Hospital District.
(b)  Except as provided by Subsection (c), the Dallas County Hospital District may contract with a broker to lease or sell a tract of real property that is owned by the district.
(c)  The district may not contract with a broker who is related within the third degree of consanguinity, as determined under Chapter 573, Government Code, to:
(1)  a member of the board of hospital managers of the district; or
(2)  a public official who serves on the Dallas County Commissioners Court.
(d)  The district may pay a fee if a broker produces a ready, willing, and able buyer to purchase a tract of real property.
(e)  If a contract made under Subsection (b) requires a broker to list the tract of real property for sale for at least 30 days with a multiple-listing service used by other brokers in the county in which the real property is located, the district, on or after the 30th day after the date the property is listed, may sell the tract of real property to a ready, willing, and able buyer who is produced by any broker, including a broker described by Subsection (c), using the multiple-listing service and who submits the most advantageous offer.
(f)  The district must post a notice of intent to sell the real property in a newspaper of general circulation, not less than once, at least 14 days before the date the district accepts an offer produced by a broker.
(g)  The district may sell a tract of real property under this section without complying with the requirements of Section 272.001, Local Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 1066 (H.B. 3178), Sec. 1, eff. June 15, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter C. General Powers and Duties › Section 281.060. El Paso County Hospital District; Broker Agreements and Fees for Sale of Real Property

Sec. 281.060.  EL PASO COUNTY HOSPITAL DISTRICT; BROKER AGREEMENTS AND FEES FOR SALE OF REAL PROPERTY.  (a)  In this section:
(1)  "Broker" means a person licensed as a broker under Chapter 1101, Occupations Code.
(2)  "District" means the El Paso County Hospital District.
(b)  Except as provided by Subsection (c), the El Paso County Hospital District may contract with a broker to sell a tract of real property that is owned by the district.
(c)  The district may not contract with a broker who is related within the third degree of consanguinity, as determined under Chapter 573, Government Code, to:
(1)  a member of the board of hospital managers of the district; or
(2)  a public official who serves on the El Paso County Commissioners Court.
(d)  The district may pay a fee if a broker produces a ready, willing, and able buyer to purchase a tract of real property.
(e)  If a contract made under Subsection (b) requires a broker to list the tract of real property for sale for at least 30 days with a multiple-listing service used by other brokers in the county in which the real property is located, the district, on or after the 30th day after the date the property is listed, may sell the tract of real property to a ready, willing, and able buyer who is produced by any broker, including a broker described by Subsection (c), using the multiple-listing service and who submits the most advantageous offer.
(f)  The district must post a notice of intent to sell the real property in a newspaper of general circulation, not less than once, at least 14 days before the date the district accepts an offer produced by a broker.
(g)  The district may sell a tract of real property under this section without complying with the requirements of Section 272.001, Local Government Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 697 (H.B. 2382), Sec. 1, eff. June 15, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter D. Medical Treatment and Care › Section 281.071. Payment and Support

Sec. 281.071.  PAYMENT AND SUPPORT.  (a)  The administrator 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 district facilities from the county in which the hospital is located.  If the administrator finds that the patient or the patient's relatives are liable for the patient's care and treatment in whole or in part, the administrator shall issue an order directing the patient or the patient's relatives to pay to the district treasurer 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.
(c)  An administrator may collect an amount owed under this 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 deceased person.
(d)  If the administrator finds that the patient and the patient's relatives are not able to pay in whole or in part, the district shall without charge supply the care and treatment to the patient.
(e)  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 this ability or if there is doubt in the mind of the administrator over this ability.  The court shall hear witnesses and issue any order that may be proper.
(f)  An appeal from an order of the county court must be made to a district court in the county in which the district is located.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter D. Medical Treatment and Care › Section 281.072. Reimbursement for Services

Sec. 281.072.  REIMBURSEMENT FOR SERVICES.  The board shall require reimbursement from a county, municipality, or public hospital located outside the boundaries of the district for the district's care and treatment of a sick, diseased, or injured person of that county, municipality, or public hospital as provided by Chapter 61 (Indigent Health Care and Treatment 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 D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter D. Medical Treatment and Care › Section 281.073. Disposition of District Records

Sec. 281.073.  DISPOSITION OF DISTRICT RECORDS.  (a)  The preservation, microfilming, destruction, or other disposition of the records of a district is subject to Subtitle C, Title 6, Local Government Code.
(b)  The period that medical records are retained shall be in accordance with rules relating to the retention of medical records adopted by the executive commissioner and with other applicable federal and state laws and rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 118, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0831, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter E. District Finances › Section 281.091. Budget

Sec. 281.091.  BUDGET.  (a)  The administrator shall prepare an annual budget under the board's direction.
(b)  The budget and budget revisions must be approved by the board and then shall be presented to the commissioners court for final approval.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter E. District Finances › Section 281.092. Administrator's Report

Sec. 281.092.  ADMINISTRATOR'S REPORT.  (a)  As soon as practicable after the close of the fiscal year, the administrator shall make a report to the board, commissioners court, executive commissioner, and comptroller.
(b)  The report must:
(1)  consist of a sworn statement of all money and choses in action received by the administrator and their disposition;  and
(2)  show in detail the operations of the district for the fiscal year.
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. 3.0832, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter E. District Finances › Section 281.093. Depository

Sec. 281.093.  DEPOSITORY.  (a)  Not later than the 30th day after the appointment of the board, the board shall:
(1)  select a depository for district funds in the manner provided by law for the selection of a county depository;  or
(2)  elect to use the depository previously selected by the county.
(b)  If the board selects a depository in accordance with Subsection (a)(1), the depository shall serve as the district depository for four years and until its successor is selected and qualified.
(c)  The board may extend any contract with a depository to the next October and then select a depository for the following four years.
(d)  All income of the district shall be deposited in the district depository.
(e)  Warrants against district funds do not require the county clerk's signature.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 246, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter E. District Finances › Section 281.094. Use of Certain Funds by the Nueces County Hospital District

Sec. 281.094.  USE OF CERTAIN FUNDS BY THE NUECES COUNTY HOSPITAL DISTRICT.  (a)  With the approval of the Nueces County Commissioners Court, the board of the Nueces County Hospital District may use funds made available to the district from sources other than a tax levy to fund health care services, including public health services, mental health services, intellectual disability services, emergency medical services, health services provided to persons confined in jail facilities, and for other health related purposes.
(b)  The board of the Nueces County Hospital District may use funds made available to the district from any source to fund:
(1)  indigent health care; and
(2)  intergovernmental transfers from the district to the state for use as the nonfederal share of Medicaid supplemental payment program or waiver program payments for eligible health care providers located inside or outside the district's boundaries, including, but not limited to, any payments available through a waiver granted under Section 1115, Social Security Act (42 U.S.C. Section 1315), or other similar payment programs, subject to the limitation prescribed by Subsection (c).
(c)  Neither the funds comprising an intergovernmental transfer described by Subsection (b)(2) nor any federal funds obtained from any such transfer may be used by the board of the Nueces County Hospital District or any entity to expand eligibility for medical assistance (Medicaid) under the Patient Protection and Affordable Care Act (Pub. L. No. 111-148), as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. No. 111-152).
Added by Acts 1999, 76th Leg., ch. 1133, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1373 (S.B. 1863), Sec. 1, eff. June 14, 2013.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 6.03, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter E. District Finances › Section 281.095. Prohibition Against Participation in Tax Increment Financing by Certain Hospital Districts

Sec. 281.095.  PROHIBITION AGAINST PARTICIPATION IN TAX INCREMENT FINANCING BY CERTAIN HOSPITAL DISTRICTS.  (a)  In this section, "district" means Bexar County Hospital District, Nueces County Hospital District, El Paso County Hospital District, or Harris County Hospital District.
(b)  The district may not enter into a contract or agreement to pay into a tax increment fund any of the district's tax increment produced from property located in a reinvestment zone under Chapter 311, Tax Code.  This subsection does not affect the validity of an agreement entered into by the district before September 1, 2001, to pay a portion of the district's tax increment into a tax increment fund under Chapter 311, Tax Code.
(c)  The proceeds of a tax imposed under Section 281.121 may not be used to make a payment into a tax increment fund under Chapter 311, Tax Code, if that payment is prohibited by this section.
(d)  A project plan or reinvestment zone financing plan approved under Section 311.011, Tax Code, on or after September 1, 2001, may not include any of the district's tax increment or any other funds derived from the district as a source of revenue to finance or pay project costs.
(e)  A project plan or reinvestment zone financing plan approved under Section 311.011, Tax Code, before September 1, 2001, may not be amended on or after September 1, 2001, to:
(1)  increase the percentage of the district's tax increment to be contributed to a tax increment fund;
(2)  increase the time during which the district is to contribute any of the district's tax increment to a tax increment fund;
(3)  allow or require the district, if it was not included in the originally approved project plan or reinvestment zone financing plan, to contribute any of the district's tax increment or other money to a tax increment fund;  or
(4)  allow the district to pay into a tax increment fund any of the district's tax increment derived from property added to the reinvestment zone on or after September 1, 2001.
(f)  An agreement entered into by the district under Section 311.013(f), Tax Code, before September 1, 2001, may not be amended on or after September 1, 2001, to include any of the conditions prohibited by Subsection (e).
Added by Acts 2001, 77th Leg., ch. 588, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter E. District Finances › Section 281.096. Authority to Take Actions Relating to Ad Valorem Taxes

Sec. 281.096.  AUTHORITY TO TAKE ACTIONS RELATING TO AD VALOREM TAXES.  (a)  With respect to the imposition or collection of an ad valorem tax imposed for the benefit of a hospital district, the commissioners court of the county in which the district is located has the authority assigned by law to the governing body of the hospital district, including the authority to:
(1)  adopt an exemption, partial exemption, or other form of relief from an ad valorem tax;
(2)  elect to tax property that would otherwise be exempt from an ad valorem tax;  and
(3)  exercise a power granted to a taxing unit under Section 6.30, Tax Code.
(b)  The board of a hospital district may not exercise a power granted by Subsection (a) to the commissioners court with respect to the imposition or collection of an ad valorem tax imposed for the benefit of the hospital district.
Added by Acts 2003, 78th Leg., ch. 102, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter F. District Bonds and Certificates of Obligation › Section 281.101. General Obligation Bonds

Sec. 281.101.  GENERAL OBLIGATION BONDS.  The commissioners court, in the district's name and on the district's faith and credit, may issue and sell bonds to acquire, construct, equip, or enlarge the hospital or hospital system.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter F. District Bonds and Certificates of Obligation › Section 281.102. Bond Election

Sec. 281.102.  BOND ELECTION.  (a)  The district may not issue bonds, excluding refunding bonds, unless the bonds are authorized by a majority of the qualified voters of the district voting at an election called and held for that purpose.
(b)  The commissioners court may order a bond election on its own motion or on the board's request.
(c)  The election must be:
(1)  called and held in accordance with Chapter 1251, Government Code;  and
(2)  conducted in the same manner as other countywide elections.
(d)  The district shall pay for the cost of the election and shall provide for payment before the commissioners court orders the election.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.261, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter F. District Bonds and Certificates of Obligation › Section 281.103. Refunding Bonds

Sec. 281.103.  REFUNDING BONDS.  (a)  Refunding bonds of the district may be issued to refund and pay any outstanding bonded indebtedness of the district, including assumed bonded indebtedness.
(b)  The refunding bonds must be issued in the manner provided for other bonds of the district except that an election is not required.
(c)  The refunding bonds may be:
(1)  sold and the proceeds applied to the payment of outstanding bonds;  or
(2)  exchanged in whole or in part for not less than a similar principal amount of the outstanding bonds plus the unpaid, matured interest on those bonds.
(d)  The average annual interest cost on the refunding bonds, computed in accordance with recognized standard bond interest cost tables, may not exceed the average annual interest cost so computed on the bonds to be discharged out of the proceeds of the refunding bonds, unless the total interest cost on the refunding bonds, computed to their respective maturity dates, is less than the total interest cost so computed on the bonds to be discharged out of those proceeds.  In those computations, any premium required to be paid on the bonds to be refunded as a condition to payment in advance of their stated maturity dates shall be taken into account as an addition to the net interest cost to the district of the refunding 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 D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter F. District Bonds and Certificates of Obligation › Section 281.104. Execution of Bonds

Sec. 281.104.  EXECUTION OF BONDS.  The county judge of the county in which the district is created shall execute the bonds in the name of the district, and the county clerk shall countersign 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 D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter F. District Bonds and Certificates of Obligation › Section 281.105. Approval and Registration of Bonds

Sec. 281.105.  APPROVAL AND REGISTRATION OF BONDS.  (a)  District bonds are subject to the same requirements with regard to approval by the attorney general and registration by the comptroller as the law provides for approval and registration of bonds issued by the county.
(b)  The attorney general's approval of district bonds has the same effect as that approval for other bonds issued by the county.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter F. District Bonds and Certificates of Obligation › Section 281.106. Authority to Issue Certificates of Obligation

Sec. 281.106.  AUTHORITY TO ISSUE CERTIFICATES OF OBLIGATION.  With the approval of the commissioners court, the board may issue certificates of obligation in accordance with Subchapter C, Chapter 271, Local Government Code, for district purposes as authorized by this chapter.
Added by Acts 2003, 78th Leg., ch. 47, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter G. Taxes › Section 281.121. Taxes to Pay Bonds and Certificates of Obligation; Tax Assessment and Collection

Sec. 281.121.  TAXES TO PAY BONDS AND CERTIFICATES OF OBLIGATION;  TAX ASSESSMENT AND COLLECTION.  (a)  When the district issues bonds or certificates of obligation payable from and secured by taxes under this chapter, the commissioners court shall impose a tax for the benefit of the district on all property subject to district taxation.  The commissioners court may impose the tax for the entire year in which the district is created in order to finance initial district operation and to pay bonds assumed by the district.
(b)  The tax amount:
(1)  must be sufficient to create an interest and sinking fund to pay the principal of and interest on the bonds as they mature;  and
(2)  may not exceed 75 cents on each $100 of the taxable value of property taxable by the district, or the rate authorized in the election to create the district.
(c)  The proceeds of the tax may be used:
(1)  to pay the interest on and create a sinking fund for bonds that may be assumed or issued by the district for hospital purposes in accordance with this chapter;
(2)  to provide for the operation and maintenance of the hospital or hospital system;
(3)  if requested by the board and approved by the commissioners court, to make further improvements and additions to the hospital system, including acquiring necessary sites by purchase, lease, or condemnation;  and
(4)  to pay for certificates of obligation issued under Section 281.106 that are payable from and secured by taxes.
(d)  The county tax assessor-collector shall collect the tax.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 47, Sec. 3, 4, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 198, Sec. 2.2216, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter G. Taxes › Section 281.122. Reduction in Ad Valorem Tax Rate by Governmental Entity

Sec. 281.122.  REDUCTION IN AD VALOREM TAX RATE BY GOVERNMENTAL ENTITY.  (a)  This section applies only to a district created in a county with a population of more than 1.2 million that was not included in the boundaries of a hospital district before September 1, 2003.
(b)  The commissioners court of the county and the governing body of the municipality with the largest population in the county, in determining the ad valorem tax rate of the county or municipality, as appropriate, for the first year in which the district imposes ad valorem taxes on property in the district, shall:
(1)  take into account the decrease in the amount the county or municipality will spend for health care purposes in that year because the district is providing health care services previously provided or paid for by the county or municipality;  and
(2)  reduce the ad valorem tax rate adopted for the county or municipality, as appropriate, in accordance with the amount of the decrease.
(c)  The commissioners court of the county and the governing body of the municipality with the largest population in the county shall retain an independent auditor to verify that the ad valorem tax rate of the county or municipality, as appropriate, has been reduced as required by Subsection (b).
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.217, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 79, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 281 - Hospital Districts in Counties of at Least 190,000 › Subchapter G. Taxes › Section 281.124. Election to Approve Tax Rate in Excess of Voter-Approval Tax Rate

Sec. 281.124.  ELECTION TO APPROVE TAX RATE IN EXCESS OF VOTER-APPROVAL TAX RATE.  (a)  This section applies only to a district created in a county with a population of more than 1.2 million that was not included in the boundaries of a hospital district before September 1, 2003.
(b)  The board may hold an election at which the registered voters of the district may approve a tax rate for the current tax year that exceeds the district's voter-approval tax rate for the year computed under Chapter 26, Tax Code, by a specific rate stated in dollars and cents per $100 of taxable value.
(c)  An election under this section must be held at least 180 days before the date on which the district's tax rate is adopted by the board.  At the election, the ballot shall be prepared to permit voting for or against the proposition:  "Approving the ad valorem tax rate of $ (insert total proposed tax rate) per $100 valuation in (insert district name) for the (insert current tax year) tax year, a rate that exceeds the district's voter-approval tax rate.  The proposed ad valorem tax rate exceeds the ad valorem tax rate most recently adopted by the district by $ (insert difference between proposed and preceding year's tax rates) per $100 valuation."
(d)  If a majority of the votes cast in the election favor the proposition, the tax rate for the specified tax year is the rate approved by the voters, and that rate is not subject to Section 26.07, Tax Code.  The board shall adopt the tax rate as provided by Chapter 26, Tax Code.
(e)  If the proposition is not approved as provided by Subsection (d), the board may not adopt a tax rate for the district for the specified tax year that exceeds the rate that was not approved, and Section 26.07, Tax Code, applies to the adopted rate if that rate exceeds the district's voter-approval tax rate.
(f)  Notwithstanding any other law, if a majority of the votes cast in the election favor the proposition, a governing body with approval authority over the district's budget or tax rate may not disapprove the tax rate approved by the voters or disapprove the budget based solely on the tax rate approved by the voters.
Added by Acts 2007, 80th Leg., R.S., Ch. 164 (S.B. 1107), Sec. 7, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 944 (S.B. 2), Sec. 77, eff. January 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 944 (S.B. 2), Sec. 78, eff. January 1, 2020.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 80, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 282 - Hospital Districts in Counties of 75,000 or Less › Subchapter A. Creation of District › Section 282.001. Definitions

Sec. 282.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of trustees of a district.
(2)  "District" means a hospital district created 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 D - Hospital Districts › Chapter 282 - Hospital Districts in Counties of 75,000 or Less › Subchapter A. Creation of District › Section 282.002. District Authorization

Sec. 282.002.  DISTRICT AUTHORIZATION.  (a)  The commissioners court of a county with a population of 75,000 or less and an assessed property valuation of at least $200,000,000 may create one or more hospital districts.
(b)  The district may include a municipality or town, or a part of a municipality or town, but the district may not include part of another district.
(c)  To be formed the proposed district must be composed of territory having property of an assessed value of more than $25,000,000.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 282 - Hospital Districts in Counties of 75,000 or Less › Subchapter A. Creation of District › Section 282.003. Creation Election Required

Sec. 282.003.  CREATION ELECTION REQUIRED.  The creation of the district must be approved by a majority of the qualified voters of the area of the proposed district who vote at an election ordered and held for that purpose.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 282 - Hospital Districts in Counties of 75,000 or Less › Subchapter A. Creation of District › Section 282.004. Petition for Election

Sec. 282.004.  PETITION FOR ELECTION.  (a)  To propose the establishment of a district:
(1)  a petition for a creation election signed by at least five percent of the qualified property taxpaying voters of the area of the proposed district must be presented to the commissioners court;  and
(2)  $200 in cash must be deposited with the county clerk at the time of the presentation of the petition.
(b)  The petition must state:
(1)  the boundaries of the proposed district;
(2)  the public necessity for the proposed district;  and
(3)  the name of the proposed district which includes the county name.
(c)  The petition may include a request for the commissioners court to provide on the ballot at the creation election for voting for or against:
(1)  imposing a tax to provide funds to construct, equip, maintain, or purchase hospital buildings or land for the district;  or
(2)  the issuance of bonds to acquire sites for and to construct hospital buildings and imposing a tax at the rate necessary to create an interest and sinking fund sufficient to pay the principal of and interest 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 D - Hospital Districts › Chapter 282 - Hospital Districts in Counties of 75,000 or Less › Subchapter A. Creation of District › Section 282.005. Hearing; Election Order

Sec. 282.005.  HEARING;  ELECTION ORDER.  (a)  When the petition is presented to the commissioners court, the commissioners court shall:
(1)  set a date for a hearing on the petition at a regular session or special session called for that purpose, not less than 30 days nor more than 60 days after the date on which the petition is presented;  and
(2)  order the county clerk to give notice of the date and place of the hearing by posting a copy of the petition and the order for at least 20 days before the date of the election at the courthouse door and at four other places in the proposed district.
(b)  If the court finds at the hearing that the petition meets the requirements of this chapter, the court shall order an election to be held on the first authorized uniform election date prescribed by the Election Code that allows sufficient time to comply with other requirements of law.
(c)  The order must contain a description of the metes and bounds of the proposed district and must set the date of the election.
(d)  The ballot for election shall be printed to provide for voting for or against:
(1)  the creation of the district;  and
(2)  if the petition includes a request under Section 282.004(c), the imposition of a tax or the issuance of bonds according to the terms of the petition.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 282 - Hospital Districts in Counties of 75,000 or Less › Subchapter A. Creation of District › Section 282.006. Election Costs; Disposition of Deposit

Sec. 282.006.  ELECTION COSTS;  DISPOSITION OF DEPOSIT.  (a)  The county clerk shall retain the amount deposited under Section 282.004(a) until the commissioners court declares the election results.
(b)  If at the election the majority of the voters approved the creation of the district, the county clerk shall return that amount to the petitioners or the petitioners' agent or attorney.
(c)  If at the election the majority of the voters disapproved the creation of the district, the county clerk shall:
(1)  pay from the amount deposited on warrants approved and signed by the county judge, all costs and expenses pertaining to the proposed district, including the costs related to the elections;
(2)  return the remaining amount, if any, to the petitioners or the petitioners' agent or attorney.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 282 - Hospital Districts in Counties of 75,000 or Less › Subchapter B. District Administration › Section 282.021. Election of Board

Sec. 282.021.  ELECTION OF BOARD.  (a)  Board members shall be elected from the district at large.
(b)  Initial board members shall be elected at the district creation election.
(c)  A person who wishes to have his name printed on the ballot as a candidate to serve as an initial district board member must present to the commissioners court a petition requesting that the person's name be placed on the ballot at the district creation election.  The petition must be accompanied by a second petition signed by at least 100 qualified voters of the proposed district requesting that the person's name be placed on the ballot as a candidate for board membership.  The petitions must be filed with the commissioners court before the third day before the date on which the election order is issued.
(d)  The commissioners court shall declare that the five candidates receiving the highest number of votes at the initial election of board members are district board members.  When they are qualified under this chapter, the candidates shall serve as district board members.
(e)  The initial board members shall serve as district board members until the next regular election of state and county officers.  An election for board members shall be held at that time and at the general election in each second year after that 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 D - Hospital Districts › Chapter 282 - Hospital Districts in Counties of 75,000 or Less › Subchapter B. District Administration › Section 282.0211. Optional Four-Year Terms

Sec. 282.0211.  OPTIONAL FOUR-YEAR TERMS.  (a)  The board may, on its own motion, order that board members are to be elected in even-numbered years to serve staggered four-year terms.
(b)  The first election of board members in an even-numbered year that occurs at least 120 days after the date on which an order is entered under Subsection (a) shall be held as previously scheduled.  The three candidates receiving the highest number of votes at that election serve for a term of four years.  The remaining two directors elected at that election serve for a term of two years.  Subsequent members shall be elected in even-numbered years and shall serve four-year terms.
Added by Acts 1991, 72nd Leg., ch. 645, Sec. 1, eff. June 16, 1991.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 282 - Hospital Districts in Counties of 75,000 or Less › Subchapter B. District Administration › Section 282.022. Oath and Bond

Sec. 282.022.  OATH AND BOND.  (a)  Before assuming the duties of office on the board, each district board member elect must:
(1)  take and subscribe an oath before the county judge to faithfully and impartially discharge the duties of a board member and to give an account of the member's activities to the commissioners court when requested to do so;  and
(2)  execute a good and sufficient bond for $5,000 payable to the county judge for the use and benefit of the district, conditioned on the faithful performance of the person's duties as a board member.
(b)  The county clerk shall file and maintain the oath as part of the district records.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 282 - Hospital Districts in Counties of 75,000 or Less › Subchapter B. District Administration › Section 282.023. Compensation

Sec. 282.023.  COMPENSATION.  A board member serves without compensation but is entitled to reimbursement for actual expenses incurred in the performance of official duties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 282 - Hospital Districts in Counties of 75,000 or Less › Subchapter B. District Administration › Section 282.024. Officers

Sec. 282.024.  OFFICERS.  The board shall elect from among its members a chairman, a secretary, and other officers the board considers appropriate.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 282 - Hospital Districts in Counties of 75,000 or Less › Subchapter B. District Administration › Section 282.025. Quorum; Meeting Procedure and Record

Sec. 282.025.  QUORUM;  MEETING PROCEDURE AND RECORD.  (a)  Three board members constitute a quorum.
(b)  All board proceedings shall be by motion or resolution and shall be recorded in a book kept for that purpose.  The book is a public record.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 282 - Hospital Districts in Counties of 75,000 or Less › Subchapter B. District Administration › Section 282.026. Seal

Sec. 282.026.  SEAL.  The board shall adopt an official seal.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle D - Hospital Districts › Chapter 282 - Hospital Districts in Counties of 75,000 or Less › Subchapter B. District Administration › Section 282.027. Superintendent; Duties

Sec. 282.027.  SUPERINTENDENT;  DUTIES.  (a)  The board shall appoint a superintendent to serve as the district's chief administrator.
(b)  The superintendent serves at the will of the board and is responsible to the board for the efficient administration of hospital affairs.
(c)  The superintendent is entitled to compensation as determined by the board.
(d)  The superintendent may attend board meetings and meetings of a board committee and may participate in the discussion of matters within the superintendent's functions, but the superintendent may not vote on matters considered by the board.
(e)  The superintendent shall:
(1)  control administrative functions of the hospital;
(2)  carry out the board orders;
(3)  ensure that the district complies with state law relating to matters within the superintendent's functions;  and
(4)  fully advise the board of the district's financial condition and needs.
(f)  At least once a year, the superintendent shall:
(1)  prepare an estimate of administrative expenses for the succeeding fiscal year;
(2)  recommend to the board and estimate the cost of improvements to be made in the succeeding fiscal year;
(3)  certify to the board district bills, allowances, and payrolls, including public works contractors' claims;  and
(4)  recommend to the board salary amounts of district employees under the administrator and a salary scale to be paid for different services required by the district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.