reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.031. Sale of Property; General Provisions

Sec. 262.031.  SALE OF PROPERTY;  GENERAL PROVISIONS.  (a)  The board may sell, through sealed bids or at a public auction, real property acquired by gift or purchase that the board determines is not needed for hospital purposes if the sale does not violate:
(1)  a trust indenture or bond resolution relating to outstanding bonds of the authority;
(2)  prior restrictions placed on the use of the property;  or
(3)  an agreement between the authority and a nonprofit corporation under Chapter 223.
(b)  If the board conducts the sale by sealed bids, the board shall provide notice of the sale under Section 272.001, Local Government Code.
(c)  If the board conducts the sale by public auction, the board shall publish a notice of the sale once a week for three consecutive weeks in a newspaper of general circulation in each municipality in the authority.  The notice must include a description of the property and the date, time, and place of the auction.  The first notice must be published not later than the 21st day before the date of the auction.
(d)  This section does not affect the authority's powers under Chapter 223.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.032. Sale of Property to Political Subdivision

Sec. 262.032.  SALE OF PROPERTY TO POLITICAL SUBDIVISION.  (a)  The authority may sell property to a political subdivision for the fair market value of the property.
(b)  The board must publish a notice of its intention to sell, a description of the property, and the scheduled date of sale in one or more newspapers of general circulation in the authority once a week for two consecutive weeks.  The first notice must be published not later than the 15th day before the scheduled sale date.
(c)  A petition requesting an election on the question of the sale, signed by at least 10 percent of the qualified voters residing in the authority, may be presented to the secretary or president of the board before the scheduled sale date.
(d)  The board shall order the election on receiving the petition.  If no petition is filed, the board may sell the property without an election or may order an election on its own motion.  The order must contain the same information contained in the notice of the election under Subsection (f).
(e)  Section 41.001(a), Election Code, requiring elections to be held on uniform election dates, does not apply to the election.
(f)  In addition to the contents of the notice required by the Election Code, the notice must state the names of the presiding judge, alternate judge, and clerks for each polling place.  The board shall publish notice of the election in one or more newspapers of general circulation in the authority once a week for two consecutive weeks.  The first notice must be published not later than the 31st day before election day.
(g)  The ballot shall be printed to provide for voting for or against the proposition: "The sale of ______ by the ____________ Hospital Authority."
(h)  If a majority of qualified voters who vote in the election favor the sale, the board may sell the property.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.033. Sale or Closing of Hospital

Sec. 262.033.  SALE OR CLOSING OF HOSPITAL.  (a)  The board may sell a hospital, or part of a hospital, owned by the authority or close a hospital, or part of a hospital, owned or operated by the authority.  The sale or closure must:
(1)  be authorized by resolution of the board;
(2)  be executed on behalf of the authority by the president and secretary of the board;  and
(3)  be made by a document having the seal of the authority impressed on it.
(b)  A sale or closing may not take effect before the expiration of the period in which a petition may be filed under Subsection (c).
(c)  The board shall order and conduct an election on the sale or closing of a hospital if, before the 31st day after the date the governing body authorizes the sale or closing, the board receives a petition requesting the election signed by at least 10 percent of the qualified voters of the authority.  The number of qualified voters is determined according to the most recent official list of registered voters.
(d)  If a petition is filed under Subsection (c), the hospital may be sold or closed only if a majority of the qualified voters voting on the question approve the sale or closing.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.0331. Expenditure of Funds for Public Health Initiatives After Sale or Closing of Hospital

Sec. 262.0331.  EXPENDITURE OF FUNDS FOR PUBLIC HEALTH INITIATIVES AFTER SALE OR CLOSING OF HOSPITAL.  (a)  If, after the sale or closing of a hospital under Section 262.033, the authority does not own or operate a hospital, the board may use the authority's available assets to promote public health and general welfare initiatives that the board determines will benefit the residents served by the authority, including:
(1)  owning, operating, or funding an indigent health care clinic, medical research facility, medical training facility, or other health care facility;
(2)  providing direct or indirect financial assistance to a nonprofit organization that:
(A)  owns or operates a hospital, indigent health care clinic, medical research facility, medical training facility, or other health care facility; or
(B)  supports an initiative promoting health education, wellness, or disease prevention; and
(3)  undertaking any other activity that the board determines is necessary or appropriate to improve public health, promote wellness, prevent disease, or enhance the general welfare of the residents served by the authority.
(b)  The board may not make an expenditure under Subsection (a) unless:
(1)  the board makes appropriate provisions for the satisfaction of any outstanding bonds, debt obligations, or other liabilities of the authority;
(2)  the predominant purpose of the expenditure is to promote the public health and general welfare of the residents served by the authority; and
(3)  the board establishes sufficient controls to ensure that the expenditure promotes the public health and general welfare of the residents served by the authority.
Added by Acts 2013, 83rd Leg., R.S., Ch. 154 (S.B. 233), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.0335. Liability of Certain Municipal Hospital Authorities Under Contract for Sale of Hospital

Sec. 262.0335.  LIABILITY OF CERTAIN MUNICIPAL HOSPITAL AUTHORITIES UNDER CONTRACT FOR SALE OF HOSPITAL.  (a)  This section applies only to a municipal hospital authority wholly located in a county with a population of less than 70,000.
(b)  A municipal hospital authority that enters into a contract to sell a hospital owned by the authority waives governmental immunity to suit for the purpose of adjudicating a claim for breach of the contract.
(c)  For a breach of contract claim described by Subsection (b), a claimant may not be awarded:
(1)  a total amount that exceeds the amount due and owed by the municipal hospital authority under the contract; or
(2)  consequential or exemplary damages.
(d)  A municipal hospital authority that enters into a contract to sell a hospital owned by the authority may indemnify the purchaser of the hospital according to the terms of the contract.
Added by Acts 2023, 88th Leg., R.S., Ch. 111 (S.B. 1097), Sec. 1, eff. May 23, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.034. Facilities and Services for Elderly and Disabled

Sec. 262.034.  FACILITIES AND SERVICES FOR ELDERLY AND DISABLED.  (a)  The authority may construct, acquire, own, operate, enlarge, improve, furnish, or equip one or more of the following types of facilities or services for the care of the elderly or disabled:
(1)  a nursing home or similar long-term care facility;
(2)  elderly housing;
(3)  assisted living;
(4)  home health;
(5)  personal care;
(6)  special care;
(7)  continuing care;  and
(8)  durable medical equipment.
(b)  The authority may lease or enter into an operations or management agreement relating to all or part of a facility or service for the care of the elderly or disabled that is owned by the authority.  The authority may sell, transfer, otherwise convey, or close all or part of the facility and may discontinue a service.
(c)  The authority may issue revenue bonds and other notes in accordance with this chapter to acquire, construct, or improve a facility for the care of the elderly or disabled or to implement the delivery of a service for the care of the elderly or disabled.
(d)  For the purposes of this section, a facility or service described by Subsection (a) is considered to be a hospital project under Chapter 223 (Hospital Project Financing Act).
(e)  This section applies only to an authority that owns or operates a hospital licensed under Chapter 241 and that is located in:
(1)  a county with a population of 225,000 or less;
(2)  those portions of extended municipalities that the federal census bureau has determined to be rural;
(3)  an area that is not delineated as an urbanized area by the federal census bureau; or
(4)  a municipality with a population of less than 12,000 and a county with a population of 3.3 million or more at the time the authority begins operating a facility or providing a service described by Subsection (a).
(f)  This section does not authorize the authority to issue revenue bonds or other notes in accordance with this chapter to construct, acquire, own, enlarge, improve, furnish, or equip a facility or service listed in Subsection (a) if a private provider of the facility or service is available and accessible in the service area of the authority.
(g)  An authority described by Subsection (e)(4) may not own or operate more than 50 licensed nursing home beds under this section and is not subject to Subsection (f).
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 117, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 965, Sec. 4, eff. June 16, 1995;  Acts 1999, 76th Leg., ch. 793, Sec. 1, eff. Aug. 30, 1999;  Acts 1999, 76th Leg., ch. 1030, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 70, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.036. Retirement Benefits

Sec. 262.036.  RETIREMENT BENEFITS.  If any authority is created by the governing body of a municipality which has established a municipal retirement system pursuant to Chapter 451, Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas Civil Statutes), then the board of such authority shall have the authority to provide and shall provide retirement benefits for employees of the authority by participating in and making all contributions required or authorized by the municipal retirement system established by the municipality pursuant to Chapter 451, Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas Civil Statutes).
Added by Acts 1993, 73rd Leg., ch. 614, Sec. 1, eff. July 1, 1993.  Renumbered from Health & Safety Code Sec. 262.035 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(23), eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.037. Establishment of Nonprofit Corporation

Sec. 262.037.  ESTABLISHMENT OF NONPROFIT CORPORATION.  (a)  The authority may form and sponsor a nonprofit corporation under the Texas Nonprofit Corporation Law, as described by Section 1.008, Business Organizations Code, to own and operate all or part of one or more ancillary health care facilities consistent with the purposes of an authority under this chapter.
(b)  The board shall appoint the board of directors of a nonprofit corporation formed under this section.
(c)  The authority may contribute money to or solicit money for the nonprofit corporation.  If the authority contributes money to or solicits money for the corporation, the authority shall establish procedures and controls sufficient to ensure that the money is used by the corporation for public purposes.
(d)  A nonprofit corporation formed under this section has the same powers as a development corporation under Section 221.030.
(e)  A nonprofit corporation formed under this section shall comply with Chapter 2258, Government Code, in the same manner and to the same extent that the authority is required to comply with that chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 470 (H.B. 2168), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.038. Hospital Authority Contracts, Collaborations, and Joint Ventures

Sec. 262.038.  HOSPITAL AUTHORITY CONTRACTS, COLLABORATIONS, AND JOINT VENTURES.  The authority may, directly or through any nonprofit corporation formed by the authority,  contract, collaborate, or enter into a joint venture with any public or private entity as necessary to carry out the functions of or provide services to the authority.
Added by Acts 2007, 80th Leg., R.S., Ch. 470 (H.B. 2168), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.039. Investment of Authority Funds

Sec. 262.039.  INVESTMENT OF AUTHORITY FUNDS.  (a)  This section applies only to an authority that:
(1)  is located in:
(A)  a county of 2.4 million or more; or
(B)  a municipality of less than 15,000;
(2)  has assets that exceed the amount of any outstanding bonds issued under Subchapter D; and
(3)  does not operate a hospital.
(b)  Notwithstanding any other law, an authority may invest authority funds:
(1)  as provided by Chapter 2256, Government Code; and
(2)  in any investment a trustee is authorized to make under Subtitle B, Title 9, Property Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 154 (S.B. 233), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 581 (H.B. 3333), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter D. Bonds › Section 262.041. Revenue Bonds

Sec. 262.041.  REVENUE BONDS.  (a)  The authority may issue revenue bonds to provide funds for any of the authority's purposes.
(b)  Revenue bonds must be payable from, and secured by a pledge of, revenues from the operation of one or more hospitals and any other revenues from owning hospital property.  Additionally, revenue bonds may be secured by a mortgage or deed of trust on real property owned by the authority or by a chattel mortgage on the authority's personal property.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter D. Bonds › Section 262.042. Form and Procedure

Sec. 262.042.  FORM AND PROCEDURE.  (a)  Revenue bonds must be authorized by a resolution adopted by a majority vote of a quorum of the board.  The bonds must:
(1)  be signed by the president or vice-president of the board;
(2)  be countersigned by the secretary of the board;  and
(3)  have the seal of the authority impressed or printed on the bonds.
(b)  Printed facsimile signatures may be substituted for the actual signatures of the president, vice-president, or secretary.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter D. Bonds › Section 262.043. Terms

Sec. 262.043.  TERMS.  (a)  Revenue bonds must mature serially or otherwise not more than 40 years after they are issued.
(b)  Revenue bonds may:
(1)  be sold at a price and under terms that the board considers the most advantageous reasonably obtainable, except that the net effective interest rate computed according to Chapter 1204, Government Code, may not exceed 10 percent a year;
(2)  be made callable before maturity at times and prices prescribed in the resolution authorizing the bonds;  and
(3)  be made registrable as to principal or as to principal and interest.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.252, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter D. Bonds › Section 262.044. Notice

Sec. 262.044.  NOTICE.  (a)  Before the board adopts a resolution authorizing the issuance of bonds other than refunding bonds, the board shall publish a notice of its intention to adopt the resolution and of the maximum amount and maximum maturity of the bonds.
(b)  The notice must be published once a week for two consecutive weeks in one or more newspapers of general circulation in the authority.  The first notice must be not later than the 15th day before the date set for adoption of the 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 C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter D. Bonds › Section 262.045. Referendum

Sec. 262.045.  REFERENDUM.  (a)  A petition requesting an election on the proposition for the issuance of the revenue bonds may be presented to the president or secretary of the board before the date set for the adoption of the bond resolution.  The petition must be signed by at least 10 percent of the qualified voters residing in the authority who own taxable property in the authority.
(b)  The election shall be ordered and held as provided by Chapter 1251, Government Code. The board, president, and secretary shall perform the functions assigned under that chapter respectively to the municipality's governing body, mayor, and municipal secretary.
(c)  If a majority of voters who vote at the election approve the issuance of the bonds, the board may issue the bonds.  If a petition is not filed, the board may issue the bonds without an election.  However, the board may order the election on its own motion if a petition is not filed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.253, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter D. Bonds › Section 262.046. Junior Lien Bonds; Parity Bonds

Sec. 262.046.  JUNIOR LIEN BONDS;  PARITY BONDS.  (a)  Bonds constituting a junior lien on the revenues or properties may be issued unless prohibited by the bond resolution or the trust indenture.
(b)  Parity bonds may be issued under conditions specified by the bond resolution or trust indenture.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter D. Bonds › Section 262.047. Bond Proceeds; Investment of Funds

Sec. 262.047.  BOND PROCEEDS;  INVESTMENT OF FUNDS.  (a)  The board may set aside from the proceeds from the sale of bonds:
(1)  an amount for payment of not more than two years' interest on the bonds;
(2)  the amount required for operating expenses during the first year of operation as estimated by the board;  and
(3)  an amount to fund any bond reserve fund or other reserve funds provided for in the bond resolution or trust indenture.
(b)  The bond proceeds may be deposited in banks and paid out under terms as provided in the bond resolution or trust indenture.
(c)  The law relating to the security for and the investment of municipal funds controls, to the extent applicable, the investment of the authority's funds.  The bond resolution or trust indenture may further restrict those investments.  Additionally, the authority may invest its bond proceeds, until that money is needed, as authorized by the bond resolution or trust indenture.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter D. Bonds › Section 262.048. Refunding Bonds

Sec. 262.048.  REFUNDING BONDS.  (a)  The authority may issue bonds to refund outstanding bonds in the same manner that other bonds are issued under this chapter.
(b)  Bonds issued under this chapter may be exchanged by the comptroller or sold.  The proceeds shall be applied as provided by Subchapters B and C, Chapter 1207, Government Code, or other applicable law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.254, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter D. Bonds › Section 262.049. Approval and Registration of Bonds

Sec. 262.049.  APPROVAL AND REGISTRATION OF BONDS.  (a)  The authority shall submit to the attorney general bonds issued under this chapter and the record relating to the issuance of those bonds.
(b)  If the attorney general finds that the bonds were issued in accordance with this chapter, are valid and binding obligations of the authority, and are secured as recited in the bonds:
(1)  the attorney general shall approve the bonds;  and
(2)  the comptroller shall register the bonds and certify the registration on the bonds.
(c)  Following approval and registration, the bonds are incontestable.
(d)  The bonds are negotiable and must contain the following provision: "The holder hereof shall never have the right to demand payment thereof out of money raised or to be raised by taxation."
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter D. Bonds › Section 262.050. Legal Investments; Security for Deposits

Sec. 262.050.  LEGAL INVESTMENTS;  SECURITY FOR DEPOSITS.  (a)  Bonds issued under this chapter 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;  or
(6)  the interest and sinking fund or other public fund of an authority.
(b)  The bonds are eligible and lawful security, to the extent of the value of the bonds, for the deposits of public funds of the state or an authority if accompanied by all appurtenant unmatured interest coupons.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter A. General Provisions › Section 263.0001. Definition

Sec. 263.0001.  DEFINITION.  In this chapter, "executive commissioner" means the executive commissioner of the Health and Human Services Commission.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0820, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter A. General Provisions › Section 263.001. Two or More Counties May Join

Sec. 263.001.  TWO OR MORE COUNTIES MAY JOIN.  (a)  Two or more adjacent counties may act together to carry out the purposes of this chapter and construct one or more hospitals for their joint use as provided by this chapter for a single county if:
(1)  each of the counties has fewer than 15,000 inhabitants; and
(2)  the executive commissioner approves.
(b)  The counties acting together have the same powers and liabilities under this chapter as a single county.
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. 3.0821, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter A. General Provisions › Section 263.002. Additional Hospital

Sec. 263.002.  ADDITIONAL HOSPITAL.  A county may maintain more than one county hospital if considered advisable by the commissioners court of the county and approved by the executive commissioner.
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. 3.0822, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter B. Establishing, Enlarging, Selling, and Closing County Hospitals › Section 263.021. Establishing or Enlarging Hospital on Petition; Submission of Bond Proposition

Sec. 263.021.  ESTABLISHING OR ENLARGING HOSPITAL ON PETITION;  SUBMISSION OF BOND PROPOSITION.  (a)  The commissioners court of a county may establish a county hospital or any medical or other health facility or enlarge an existing hospital or facility for the care and treatment of persons who are sick or injured in accordance with this subchapter.
(b)  Ten percent or more of the qualified property taxpaying voters of a county may petition the commissioners court of the county to establish or enlarge a county hospital or any medical or other health facility.
(c)  A petition may not be presented to the commissioners court during the 12-month period succeeding the date on which a petition under this section was last presented to the court unless the county does not own a hospital.
(d)  On proper petition, the commissioners court shall, within the period designated in the petition, submit to the qualified voters of the county at a special or regular election the proposition of issuing bonds in the amount designated in the petition to establish or enlarge the hospital or facility.
(e)  The commissioners court may not submit to the voters a bond proposition to establish or enlarge a county hospital or facility more than twice during any 12-month period.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter B. Establishing, Enlarging, Selling, and Closing County Hospitals › Section 263.022. Powers and Duties of Commissioners Court After Passage of Bond Proposition

Sec. 263.022.  POWERS AND DUTIES OF COMMISSIONERS COURT AFTER PASSAGE OF BOND PROPOSITION.  (a)  If a bond proposition under Section 263.021 is approved by a majority of the qualified voters voting at the election, the commissioners court of the county shall establish or enlarge a hospital or medical or other health facility as provided in the proposition and maintain the hospital or facility.
(b)  In establishing, enlarging, or maintaining a hospital or facility, the commissioners court may:
(1)  purchase or lease real or personal property or acquire real property and easements to real property by condemnation;
(2)  purchase or construct any necessary buildings;
(3)  make necessary improvements, repairs, and alterations to an existing building;
(4)  impose property taxes in the county for all necessary expenditures related to the hospital or facility, including maintenance expenses;
(5)  issue county bonds to provide funds to establish, enlarge, and equip the hospital or facility or make any necessary permanent improvements in connection with the hospital or facility;  and
(6)  accept and hold a grant or devise of land or a gift or bequest of money or personal property in trust for the county and apply the principal or income, or both, for the benefit of the hospital or facility and in accordance with the terms of the gift.
(c)  Subject to this chapter, the commissioners court may purchase or lease real or personal property, or both, in an adjacent county if the court considers the purchase or lease necessary for hospital purposes.  The commissioners court may not acquire real property in an adjacent county by condemnation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter B. Establishing, Enlarging, Selling, and Closing County Hospitals › Section 263.023. Construction of Hospital to Avoid Inadequate Care in Certain Counties

Sec. 263.023.  CONSTRUCTION OF HOSPITAL TO AVOID INADEQUATE CARE IN CERTAIN COUNTIES.  (a)  The commissioners court of a county shall provide for the construction of a county hospital if:
(1)  the county has a municipality with more than 10,000 inhabitants as ascertained by the court in the manner determined by a resolution of the court;  and
(2)  the county does not have a county hospital or the county hospital is inadequate.
(b)  The commissioners court shall provide for the construction of the hospital within six months after the date the number of inhabitants of the municipality exceeds 10,000 except that the executive commissioner may, for good cause, extend this period.
(c)  The hospital must have a room or ward for the care of confinement cases and a room or ward for the temporary care of persons suffering from mental or nervous disease.
(d)  The hospital must have separate buildings for persons suffering from tuberculosis and other communicable diseases.
(e)  Sufficient accommodations shall be added to the hospital as needed to take care of persons in the county who are sick or injured.
(f)  If adequate funds for the issuance of county warrants and scrip for the construction of the hospital are not available from the county, the commissioners court shall submit, either at a special election called for the purpose or at a regular election, the proposition of the issuance of county bonds for the construction of the hospital.  If the proposition is not approved by a majority vote at the election, the court shall, on petition of 10 percent or more of the qualified voters of the county, resubmit the proposition.
(g)  A petition may not be presented to the commissioners court if a petition has been presented to the court in the preceding 12 months.
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. 3.0823, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter B. Establishing, Enlarging, Selling, and Closing County Hospitals › Section 263.024. Hospital Revenue Bonds

Sec. 263.024.  HOSPITAL REVENUE BONDS.  (a)  A county may issue revenue bonds for:
(1)  acquiring, constructing, repairing, equipping, or renovating buildings and improvements for county hospital purposes;  or
(2)  acquiring land for county hospital purposes.
(b)  The county may issue bonds to refund previously issued revenue bonds.
(c)  The revenue bonds shall be payable from and secured by a pledge of all or a part of the revenues of the county derived from the operation of the hospital.  The bonds may be additionally secured by a mortgage or deed of trust lien on all or part of the county's hospital property.
(d)  The revenue bonds must be issued in accordance with Sections 264.042-264.047(a), 264.048, and 264.049, and with the effect specified by Section 264.050.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter B. Establishing, Enlarging, Selling, and Closing County Hospitals › Section 263.025. Hospital Operating Funds Used for Improvements in Certain Counties

Sec. 263.025.  HOSPITAL OPERATING FUNDS USED FOR IMPROVEMENTS IN CERTAIN COUNTIES.  The commissioners court of a county with a population of 24,000 or more but less than 24,500 or a population of 24,700 or more but less than 27,000 may use excess money in the county hospital operating fund for making permanent improvements to the county hospital and for the payment of county bonds issued for the construction and improvement of a county hospital facility.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 71, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 669, Sec. 35, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 71, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter B. Establishing, Enlarging, Selling, and Closing County Hospitals › Section 263.027. Approval of Construction or Repair

Sec. 263.027.  APPROVAL OF CONSTRUCTION OR REPAIR.  If requested by the commissioners court of a county, the executive commissioner must approve plans for the construction, alteration, or repair of a hospital or facility under this chapter before the construction, alteration, or repair may begin.
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. 3.0824, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter B. Establishing, Enlarging, Selling, and Closing County Hospitals › Section 263.028. Contract for Care

Sec. 263.028.  CONTRACT FOR CARE.  (a)  The commissioners court of a county that does not have a municipality with a population of more than 10,000 may contract with a hospital in the county, an incorporated society or municipality in the county that maintains a hospital, or an adjacent county for the care of residents of the county who are sick or injured.
(b)  The term of the contract may not exceed one year.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter B. Establishing, Enlarging, Selling, and Closing County Hospitals › Section 263.030. Closing of Hospital

Sec. 263.030.  CLOSING OF HOSPITAL.  (a)  The commissioners court of a county by order on terms it considers reasonable may close a hospital or medical facility constructed, purchased, or acquired under this chapter.
(b)  The order is final 30 days after the date of adoption unless at least 10 percent of the qualified voters in the county petition the commissioners court requesting an election to determine whether the hospital or facility should be closed.
(c)  On proper petition, the commissioners court shall set a time for an election and shall submit to the qualified voters of the county ballots providing for voting for or against the proposition: "The closing of (name of hospital or facility to be closed)."
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter B. Establishing, Enlarging, Selling, and Closing County Hospitals › Section 263.031. Closing Part of Hospital

Sec. 263.031.  CLOSING PART OF HOSPITAL.  A county may close a part of a county hospital.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter C. Board of Managers › Section 263.041. Appointment of Board of Managers

Sec. 263.041.  APPOINTMENT OF BOARD OF MANAGERS.  (a)  The commissioners court of a county shall appoint at least six but not more than 12 residents of the county as the board of managers of a county hospital or medical or other health facility after the court acquires the site for the hospital and awards the contracts for the buildings and improvements necessary for the hospital.
(b)  A manager is appointed for a term of two years except that the commissioners court may set the terms of the initial managers at less than two years so that as close as possible to one-half of the managers' terms expire each year.
(c)  An appointment to fill a vacancy is for the unexpired term.
(d)  A vacancy is created if a manager misses three consecutive board meetings unless the board takes formal action to excuse the absences.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter C. Board of Managers › Section 263.042. Operation of Board of Managers

Sec. 263.042.  OPERATION OF BOARD OF MANAGERS.  (a)  The board of managers shall elect from among its members a president, at least one vice-president, a secretary, and a treasurer.
(b)  The county judge of the county in which the hospital is located may vote to break a tie vote by the board of managers.
(c)  The board of managers shall meet at the hospital at least once a month and may meet at other times as provided by its bylaws.
(d)  The board of managers shall hold an annual meeting before the beginning of the third week preceding the date of the meeting of the commissioners court at which the court considers appropriations for the following year.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter C. Board of Managers › Section 263.043. Compensation and Expenses of Board of Managers

Sec. 263.043.  COMPENSATION AND EXPENSES OF BOARD OF MANAGERS.  (a)  The commissioners court may provide hospitalization insurance as compensation for the services of the board of managers.
(b)  The commissioners court shall pay and audit, in the same manner as other expenses of the hospital, the managers' actual and necessary traveling and other expenses within this 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 C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter C. Board of Managers › Section 263.044. Tort Claims Payments

Sec. 263.044.  TORT CLAIMS PAYMENTS.  A member of the board of managers is a county officer for purposes of Chapter 102, Civil Practice and Remedies Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter C. Board of Managers › Section 263.045. Removal of Manager

Sec. 263.045.  REMOVAL OF MANAGER.  After citation, the commissioners court may, at any time, remove a member of the board of managers from office for cause.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter C. Board of Managers › Section 263.046. General Powers and Duties of Board of Managers

Sec. 263.046.  GENERAL POWERS AND DUTIES OF BOARD OF MANAGERS.  (a)  The board of managers shall generally manage and control the hospital, including:
(1)  its buildings and grounds;
(2)  its officers and employees;
(3)  its patients;  and
(4)  all matters relating to its government, discipline, contracts, and fiscal concerns.
(b)  The board of managers may adopt rules it considers necessary to carry out the purposes of the hospital.
(c)  The board of managers shall maintain an effective inspection of the hospital and keep itself informed of the hospital's affairs and management.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter C. Board of Managers › Section 263.047. Salaries

Sec. 263.047.  SALARIES.  (a)  The board of managers shall determine the salaries of the officers and employees of the hospital, including the superintendent.
(b)  The salaries may not exceed the appropriation made for the salaries by the commissioners court.
(c)  The salaries are full compensation for all services rendered.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter C. Board of Managers › Section 263.048. Visiting Physicians

Sec. 263.048.  VISITING PHYSICIANS.  (a)  The board of managers shall appoint a staff of visiting physicians who visit and treat hospital patients at the request of the board or the superintendent.
(b)  The physicians serve without pay from 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 C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter C. Board of Managers › Section 263.049. Discharge of Patients

Sec. 263.049.  DISCHARGE OF PATIENTS.  (a)  The board of managers shall make the final disposition of a case concerning the discharge of a patient from the hospital.
(b)  The decision of the board of managers regarding discharge of a patient may not be appealed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter C. Board of Managers › Section 263.050. Dispensaries and Clinics

Sec. 263.050.  DISPENSARIES AND CLINICS.  (a)  The board of managers may establish and operate:
(1)  an outpatient department or a free dispensary and clinic at the hospital or in the municipality located nearest the hospital;  and
(2)  a branch dispensary or clinic in a municipality that is located in the county and that has 5,000 or more inhabitants.
(b)  The board of managers shall appoint a physician to serve at the dispensary or clinic, determine the time that the physician is required to spend at the dispensary or clinic, and fix the salary, if any, of the physician.
(c)  The board of managers shall appoint a trained visiting nurse to serve in connection with the dispensary or clinic and the hospital.  The board shall fix the salary of the nurse within the limits of the appropriation made for the salary by the commissioners court.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter C. Board of Managers › Section 263.051. School for Children Having Tuberculosis

Sec. 263.051.  SCHOOL FOR CHILDREN HAVING TUBERCULOSIS.  (a)  The board of managers may establish a special and separate school for the education, care, and treatment of children having tuberculosis.
(b)  The school may be located at the hospital, in the municipality nearest the hospital, or in the largest municipality in the county.
(c)  The school shall be conducted as a branch of the hospital and the children at the school are patients of the hospital and subject to this chapter.
(d)  The board of managers shall employ a specially qualified teacher to instruct and care for the children of the school.
(e)  The board of managers shall assign the superintendent of the hospital, a member of the staff of visiting physicians, or a physician serving a county dispensary or shall employ a physician to attend the children of the school and to supervise their care and treatment.
(f)  The board of managers shall assign a nurse from the hospital or a visiting nurse or shall employ a nurse to assist in the care and treatment of the children of the school.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter C. Board of Managers › Section 263.052. Contract for Care by Board

Sec. 263.052.  CONTRACT FOR CARE BY BOARD.  The board of managers may contract for the care of a person who is sick or injured and who applies to the hospital for admission.  The board may contract for this care with:
(1)  a hospital in the county;  or
(2)  an incorporated society or municipality in the county that maintains a hospital.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 263 - County Hospitals and Other Health Facilities › Subchapter C. Board of Managers › Section 263.053. Records

Sec. 263.053.  RECORDS.  (a)  The board of managers shall keep a proper record of its proceedings in a book provided for that purpose.  The record must be open for inspection at all times to the board, the commissioners court, and any resident of the county.
(b)  The board of managers shall certify all bills and accounts, including salaries and wages, and transmit them to the commissioners court, which shall provide for their payment in the same manner that other charges against the county are paid.
(c)  The board of managers shall report to the commissioners court annually, and at other times as directed by the court, on the details of the operation during the year of the hospital dispensaries and school for children suffering from tuberculosis.  The report must contain:
(1)  the number of patients admitted and the methods and result of their treatment, together with suitable recommendations and other material required by the court;  and
(2)  full and detailed estimates of the appropriations required during the following year for all purposes, including maintenance, building construction, repairs, renewals, extensions, and improvements.
(d)  The board of managers shall incorporate into its report to the commissioners court the accounts and records prepared by the superintendent of the hospital under Section 263.077.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.