Title SD, Special District Local Laws Code

Sec. 1053.005. RESTRICTION ON STATE FINANCIAL ASSISTANCE. The legislature may not make a direct appropriation for the construction, maintenance, or improvement of a district facility. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009. SUBCHAP…

Sec. 1053.051. BOARD APPOINTMENT; TERM. (a) The board consists of not fewer than six and not more than eight managers appointed as follows: (1) one ex officio manager appointed by the Texas Tech University Board of Regents; and (2) the remaining managers appointed by the commissi…

Sec. 1053.052. EX OFFICIO MANAGER. (a) The ex officio manager has all powers of another manager, except the ex officio manager may not vote. (b) The ex officio manager shall: (1) attend executive sessions of the board; and (2) have access to all documents reviewed or considered b…

Sec. 1053.053. OFFICERS. (a) The board shall select from among the managers a presiding officer, who shall preside over the board. (b) A presiding officer pro tem shall preside in the absence of the presiding officer. (c) The district administrator or any manager may be appointed…

Sec. 1053.054. COMPENSATION. A manager serves without pay. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009.

Sec. 1053.055. RECORDS OF PROCEEDINGS. (a) The secretary shall keep suitable records of all proceedings of each board meeting. (b) After each meeting: (1) the manager presiding at the meeting shall read and sign the record; and (2) the secretary shall attest the record. Added by …

Sec. 1053.056. DISTRICT ADMINISTRATOR. (a) The board shall appoint a general manager qualified by training and experience as the district administrator. (b) The district administrator serves for a term not to exceed two years and is entitled to receive the compensation determined…

Sec. 1053.057. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. Subject to the limitations prescribed by the board, the district administrator shall: (1) perform the duties required by the board; (2) supervise the work and activities of the district; and (3) direct the affairs of the di…

Sec. 1053.058. ASSISTANT ADMINISTRATOR. (a) The board may designate an assistant administrator to discharge a duty or function of the district administrator in the event of the administrator's incapacity, absence, or inability to discharge the duty or function. (b) The assistant …

Sec. 1053.059. LEGAL COUNSEL. (a) The appropriate county, district, or criminal district attorney charged with representing Lubbock County in civil matters shall represent the district in all legal matters. (b) The district shall contribute sufficient money to the Lubbock County …

Sec. 1053.060. EMPLOYEES; APPOINTMENT OF STAFF. (a) The board may appoint to the staff any doctors and employ any technicians, nurses, and other employees considered advisable for the efficient operation of the hospital or hospital system, including medical or other health facili…

Sec. 1053.0601. EMPLOYMENT OF PHYSICIANS TO PROVIDE CERTAIN HOSPITAL-BASED SERVICES. (a) For purposes of this section, "hospital-based services" means the following services when provided at a hospital: (1) emergency medicine; (2) general medicine practiced by a hospitalist; and …

Sec. 1053.061. RETIREMENT PROGRAM. (a) With the approval of the commissioners court, the board may contract with this state or the federal government as necessary to establish or continue a retirement program for the benefit of district employees. (b) The board may establish othe…

Sec. 1053.062. SEAL. The board shall have a seal engraved with the district's name to authenticate the acts of the board. The secretary of the board shall keep the seal. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009. SUBCHAPTER C. POWERS …

Sec. 1053.101. DISTRICT RESPONSIBILITY. (a) The district has full responsibility for providing medical and hospital care for the district's needy and indigent residents. (b) The district shall provide all necessary medical and hospital care for the district's needy inhabitants. (…

Sec. 1053.102. RESTRICTION ON POLITICAL SUBDIVISION TAXATION AND DEBT. A political subdivision, other than the district, may not impose a tax or issue bonds or other obligations for hospital purposes or to provide medical care in the district. Added by Acts 2007, 80th Leg., R.S.,…

Sec. 1053.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. The board shall manage, control, and administer the hospital or hospital system, including medical or other health facilities of the district. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1…

Sec. 1053.104. HOSPITAL SYSTEM. (a) The district has the responsibility to establish a hospital or hospital system, including medical or other health facilities within its boundaries to provide hospital and medical care to the district's residents. (b) Subject to approval of the …

Sec. 1053.105. RULES. The board may adopt rules for the operation of the hospital or hospital system, including medical or other health facilities. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009.

Sec. 1053.106. PURCHASING AND ACCOUNTING PROCEDURES. (a) The commissioners court may prescribe: (1) the method and manner of making purchases and expenditures by and for the district; and (2) all accounting and control procedures. (b) The commissioners court by resolution or orde…

Sec. 1053.107. DISTRICT PROPERTY, FACILITIES, AND EQUIPMENT. (a) Subject to Subchapter D and to approval by the commissioners court, the board may: (1) construct, condemn, purchase, acquire, lease, add to, maintain, operate, develop, regulate, sell, exchange, and convey any land,…

Sec. 1053.108. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain to acquire a fee simple or other interest in any type of property, real, personal, or mixed, located in district territory, if the interest is necessary or convenient for the district to exer…

Sec. 1053.109. GIFTS AND ENDOWMENTS. The board may accept for the district a gift or endowment to be held in trust and administered by the board for the purposes and under the directions, limitations, or other provisions prescribed in writing by the donor that are not inconsisten…

Sec. 1053.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR CARE AND TREATMENT. The board, with the approval of the commissioners court, may contract with: (1) a county for the care and treatment of a sick or injured person of that county; and (2) this state or a federal agency for t…

Sec. 1053.111. PAYMENT FOR TREATMENT; PROCEDURES. (a) When a patient is admitted to a district facility, the district administrator shall have an inquiry made into the circumstances of: (1) the patient; and (2) the patient's relatives who are legally liable for the patient's supp…

Sec. 1053.112. AUTHORITY TO SUE AND BE SUED. The board may sue and be sued. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009.

Sec. 1053.113. EMPLOYMENT OF DISTRICT PEACE OFFICERS. (a) The board 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. (c) In a district peac…

Sec. 1053.151. DEFINITION. In this subchapter, "hospital official" means the following officers or employees, or their equivalent, of the teaching hospital described by Section 1053.152(a): (1) the executive director; (2) the president; (3) the chief executive officer; (4) the ch…

Sec. 1053.152. RESOLUTION; SALE OR LEASE OF FACILITY. (a) Subject to Subsection (c) and the approval of the commissioners court, the board by resolution may order the sale or lease of a facility that is: (1) owned and operated by the district as a teaching hospital; and (2) locat…

Sec. 1053.153. ELECTION. (a) As soon as possible after the board adopts a resolution under Section 1053.152, the commissioners court shall order an election on the question of selling or leasing the facility. (b) The election shall be held on the first authorized uniform election…

Sec. 1053.154. BALLOT. The ballot for an election under this subchapter shall be printed to permit voting for or against the proposition: "Approving the ________ (sale or lease, as appropriate) of __________ (name of facility)." Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. …

Sec. 1053.155. DISCLOSURE OF SALE OR LEASE TERMS. The presiding officer of the board shall disclose the terms of the proposed sale or lease of a facility described by Section 1053.152 not later than the 30th day before the date of an election held under this subchapter. The discl…

Sec. 1053.156. DISCLOSURE OF FINANCIAL INTEREST. (a) In this section, "substantial interest" has the meaning assigned by Section 171.002, Local Government Code. (b) A manager or hospital official shall disclose any financial interest the person has in the sale or lease of a facil…

Sec. 1053.157. DISCLOSURE; PUBLIC RECORD. (a) A person shall make a disclosure required under Section 1053.155 or 1053.156 by filing the disclosure with the commissioners court and the board. (b) The filed disclosure is a public record. Added by Acts 2007, 80th Leg., R.S., Ch. 92…

Sec. 1053.158. ELECTION CANCELLATION. The commissioners court shall cancel an election ordered under this subchapter if a hospital official makes a disclosure under Sections 1053.156 and 1053.157 at any time before the date of the election. Added by Acts 2007, 80th Leg., R.S., Ch…

Sec. 1053.159. SUBSEQUENT ELECTIONS. If a majority of the votes cast at an election under this subchapter do not approve the sale or lease of a facility under this subchapter, another election to approve the sale or lease, as appropriate, may not be held before the first annivers…

Sec. 1053.160. SALE OR LEASE NOT INVALID. A disclosure under this subchapter that is made after the date on which the sale or lease of the facility occurs does not invalidate the sale or lease. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 200…

Sec. 1053.161. CRIMINAL PENALTY. (a) A person required to make a disclosure under Section 1053.156 commits an offense if the person knowingly fails to make the disclosure within the period prescribed by that section. (b) An offense under this section is a Class A misdemeanor. Add…

Sec. 1053.201. BUDGET. (a) The district administrator, under the direction of the board, shall prepare an annual budget. (b) The budget must be approved by the board and presented to the commissioners court for final approval. In like manner, all budget revisions shall be subject…

Sec. 1053.202. FINANCIAL REPORT. (a) As soon as practicable after the close of each fiscal year, the district administrator shall prepare a report that includes: (1) a complete sworn statement of: (A) all money and choses in action received by the administrator; and (B) how the m…

Sec. 1053.203. DEPOSITORY. (a) The board shall select a depository for the district in the manner provided by law for selection of a county depository. The depository serves for two years and until a successor is selected and qualified. In the alternative, the board may use the d…

Sec. 1053.204. WARRANTS. A warrant against district money does not require the signature of the county clerk of Lubbock County. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009. SUBCHAPTER F. BONDS

Sec. 1053.251. GENERAL OBLIGATION BONDS. The commissioners court may issue and sell general obligation bonds in the name and on the faith and credit of the district to: (1) purchase, construct, acquire, repair, or renovate buildings or improvements for hospital purposes; (2) equi…

Sec. 1053.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) An ad valorem tax shall be imposed on all property in the district subject to district taxation at a rate sufficient to create an interest and sinking fund to pay the principal of and interest on general obligation bonds iss…

Sec. 1053.253. GENERAL OBLIGATION BOND ELECTION. (a) The district may issue general obligation bonds only if the bonds are authorized by a majority of the district voters voting at an election held in accordance with the provisions of Chapter 1251, Government Code, relating to co…

Sec. 1053.254. EXECUTION OF GENERAL OBLIGATION BONDS. (a) The county judge of Lubbock County shall execute the general obligation bonds in the district's name. (b) The county clerk of Lubbock County shall countersign the bonds. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3…