Title SD, Special District Local Laws Code

Sec. 1109.051. BOARD APPOINTMENT; TERM. (a) The board consists of: (1) six managers appointed by the commissioners court; and (2) the county judge of Tyler County as an ex officio manager. (b) Appointed managers serve two-year terms. The terms may overlap. Added by Acts 2013, 83r…

Sec. 1109.052. QUALIFICATIONS FOR OFFICE. (a) To serve as a manager, a person must be a resident and qualified voter of the district. (b) A district employee may not serve as a manager. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1109.053. BOARD VACANCY. The commissioners court shall fill a vacancy on the board by appointment. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1109.054. NONATTENDANCE. The failure of a manager to attend three consecutive regular board meetings causes a vacancy in the manager's office unless the absence is excused by formal action of the board. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff…

Sec. 1109.055. OFFICERS. (a) The board shall elect from among its members a president, who shall preside, and a vice president, who shall preside in the president's absence. (b) The board shall appoint a secretary, who need not be a manager. (c) Each officer serves a one-year ter…

Sec. 1109.056. COMPENSATION; EXPENSES. A manager serves without compensation but may be reimbursed for actual and necessary travel and other expenses incurred in the performance of the manager's duties as determined by the board. The reimbursed expenses must be reported in the di…

Sec. 1109.057. DISTRICT ADMINISTRATOR. (a) The board may appoint a person qualified by training and experience as district administrator. (b) The district administrator serves at the will of the board and receives compensation as may be determined by the board. (c) The board may …

Sec. 1109.058. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. Subject to any 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. 1109.059. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. (a) The board may appoint an assistant district administrator and an attorney. (b) The assistant district administrator and the attorney serve at the will of the board and receive compensation as may be determined by the …

Sec. 1109.060. APPOINTMENT AND REMOVAL OF STAFF AND EMPLOYEES. (a) The board may appoint to and remove from the staff any doctors and employ any other employees considered advisable for the efficient operation of the district's hospital or hospital system. (b) The board may deleg…

Sec. 1109.061. RETIREMENT BENEFITS. The board may provide retirement benefits for district employees by: (1) establishing or administering a retirement program; or (2) participating in: (A) the Texas County and District Retirement System; or (B) another statewide retirement syste…

Sec. 1109.062. SEAL. The board shall have a seal engraved with the district's name to authenticate the acts of the board. The board secretary shall keep the seal. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015. SUBCHAPTER C. POWERS AND DUT…

Sec. 1109.101. DISTRICT RESPONSIBILITY. The district has full responsibility for providing medical and hospital care for the district's needy and indigent residents. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1109.102. RESTRICTION ON COUNTY OR MUNICIPALITY TAXATION. Tyler County or a municipality in the county may not impose a tax for hospital purposes. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1109.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. The board shall manage, control, and administer: (1) the district's hospital or hospital system; and (2) the district's business, funds, and resources. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff…

Sec. 1109.104. HOSPITAL OR HOSPITAL SYSTEM. (a) The district shall provide for the establishment, administration, maintenance, operation, and financing of a hospital or hospital system in the district. (b) The district may provide any services or facilities necessary for hospital…

Sec. 1109.105. RULES. The board may adopt rules for the operation of the hospital or hospital system. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1109.106. PURCHASING AND ACCOUNTING. (a) The board 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 district shall pay the salaries and expenses necessarily incurred …

Sec. 1109.107. DISTRICT PROPERTY, FACILITIES, AND EQUIPMENT. (a) The board shall determine: (1) the type, number, and location of buildings required to maintain an adequate hospital system; and (2) the type of equipment necessary for hospital care. (b) The board may: (1) acquire …

Sec. 1109.108. 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 to exercise a right, pow…

Sec. 1109.109. 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 provisions prescribed in writing by the donor that are not inconsistent with…

Sec. 1109.110. CONSTRUCTION CONTRACTS. The board may enter into construction contracts for the district. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1109.111. OPERATING AND MANAGEMENT CONTRACTS. The board may enter into an operating or management contract relating to a hospital facility. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1109.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR CARE AND TREATMENT. The board, with the approval of the commissioners court, may contract with: (1) any county for the care and treatment of a sick or injured person of that county; and (2) this state or a federal agency for…

Sec. 1109.113. PAYMENT FOR TREATMENT; PROCEDURES. (a) When a patient who resides in the district is admitted to a district facility, the district administrator shall have an inquiry made into the financial circumstances of: (1) the patient; and (2) the patient's relatives legally…

Sec. 1109.114. REIMBURSEMENT FOR SERVICES. (a) The board shall require a county, municipality, or public hospital located outside the district to reimburse the district for the district's care or treatment of a sick or injured person for whom that county, municipality, or public …

Sec. 1109.115. AUTHORITY TO SUE AND BE SUED. The board may sue and be sued. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015. SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 1109.151. BUDGET. (a) The district administrator, under the direction of the board, shall prepare a proposed annual budget. (b) The budget must be approved by the board. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1109.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a) The board shall publish notice of a public hearing on the proposed annual budget. The notice must be published in a newspaper of general circulation in the district one time before the 10th day before the date of the hearing…

Sec. 1109.153. AMENDMENTS TO BUDGET. The budget may be amended on the board's approval. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1109.154. FISCAL YEAR. (a) The district operates according to a fiscal year established by the board. (b) The fiscal year may not be changed: (1) when revenue bonds are outstanding; or (2) more than once in a 24-month period. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B…

Sec. 1109.155. ANNUAL AUDIT. As soon as practicable after the close of each fiscal year, the board shall have an audit made of the district's financial condition for the fiscal year by an independent public accountant. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec…

Sec. 1109.156. 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. 1109.157. DEPOSITORY. Every two years, the board shall select a depository for the district to secure all district money in the manner provided for securing county funds. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1109.158. INVESTMENTS. The board may purchase, sell, and invest district funds in investments authorized by Chapter 2256, Government Code. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1109.159. AUTHORITY TO BORROW MONEY; SECURITY. (a) The board may borrow money at a rate not to exceed the maximum annual percentage rate allowed by law for district obligations at the time the loan is made if the board declares that: (1) money is not available to meet author…

Sec. 1109.201. GENERAL OBLIGATION BONDS. The commissioners court may issue and sell general obligation bonds of the district for any purpose relating to: (1) purchasing, constructing, acquiring, repairing, or renovating buildings and improvements; (2) equipping buildings and impr…

Sec. 1109.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) An ad valorem tax shall be imposed at a rate sufficient to create an interest and sinking fund to pay the principal of and interest on bonds issued under Section 1109.201 as the bonds mature. (b) The tax required by this sec…

Sec. 1109.203. 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. 1109.204. EXECUTION OF GENERAL OBLIGATION BONDS. (a) The county judge of Tyler County shall execute the general obligation bonds in the district's name. (b) The county clerk of Tyler County shall countersign the bonds. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026)…

Sec. 1109.205. REVENUE BONDS. (a) The district may issue revenue bonds to: (1) purchase, construct, acquire, repair, or renovate buildings and improvements; (2) equip buildings and improvements for the hospital or hospital system; (3) acquire sites to be used for hospital purpose…

Sec. 1109.206. REFUNDING BONDS. (a) The district may, without an election, issue refunding bonds to refund any bonds issued or assumed by the district. (b) A refunding bond may be: (1) sold, with the proceeds of the refunding bond applied to the payment of the outstanding bonds; …

Sec. 1109.207. MATURITY OF BONDS. District bonds must mature not later than 40 years after the date of issuance. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1109.208. EXECUTION OF BONDS. The board president shall execute district bonds in the district's name, and the board secretary shall countersign the bonds in the manner provided by Chapter 618, Government Code. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1…

Sec. 1109.209. BONDS EXEMPT FROM TAXATION. The following are exempt from taxation by this state or a political subdivision of this state: (1) bonds issued by the district; (2) any transaction relating to the bonds; and (3) profits made in the sale of the bonds. Added by Acts 2013…

Sec. 1109.251. IMPOSITION OF AD VALOREM TAX. (a) The commissioners court shall impose a tax for the benefit of the district on all property in the district subject to district taxation. (b) The commissioners court shall impose the tax to: (1) pay the interest on and create a sink…