Title SD, Special District Local Laws Code

Sec. 1117.005. CORRECTION OF INVALID PROCEDURES. If a court holds that any procedure under this chapter violates the constitution of this state or of the United States, the district by resolution may provide an alternative procedure that conforms with the constitution. Added by A…

Sec. 1117.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE OBLIGATION. The support and maintenance of the district may not become a charge against or obligation of this state. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1117.007. 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 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015. SUBCHAP…

Sec. 1117.051. BOARD ELECTION; TERM. (a) The district is governed by a board of seven elected directors. (b) Directors serve staggered three-year terms, with the terms of two or three directors expiring each year, as appropriate. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B.…

Sec. 1117.052. NOTICE OF ELECTION. (a) At least 10 days before the date of a directors' election, notice of the election must be published one time in a newspaper of general circulation in the district. (b) The notice and order must specify the last day for filing. Added by Acts …

Sec. 1117.053. QUALIFICATIONS FOR OFFICE. A person may not be elected or appointed as a director unless the person: (1) is a resident of the district; (2) owns property in the district subject to taxation; and (3) is at least 18 years of age at the time of election or appointment…

Sec. 1117.054. BOND; RECORD OF BOND AND OATH. (a) Each director shall execute a good and sufficient bond for $1,000 that is: (1) payable to the district; and (2) conditioned on the faithful performance of the director's duties. (b) Each director's bond and constitutional oath of …

Sec. 1117.055. BOARD VACANCY. If a vacancy occurs in the office of director, the remaining directors shall appoint a director for the unexpired term. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1117.056. OFFICERS. The board shall annually elect from among its members a president, a vice president, and a secretary. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1117.057. COMPENSATION; EXPENSES. A director serves without compensation but may be reimbursed for actual expenses incurred in the performance of official duties on approval of the expenses by the entire board. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1…

Sec. 1117.058. VOTING REQUIREMENT. A concurrence of four directors is sufficient in any matter relating to district business. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1117.059. DISTRICT ADMINISTRATOR. (a) The board may appoint a qualified person as district administrator. (b) The district administrator serves at the will of the board and receives the compensation determined by the board. (c) The tenure of the district administrator's cont…

Sec. 1117.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. (a) Subject to the direct control and responsibility of the board and any limitations prescribed by the board, the district administrator shall: (1) supervise the work and activities of the district; and (2) direct the affa…

Sec. 1117.061. EMPLOYEES. (a) The board may employ employees, including doctors, technicians, nurses, bookkeepers, financial advisors, architects, lawyers, and clerks, as considered necessary or convenient for the efficient operation of the district or a district hospital or hosp…

Sec. 1117.062. MEDICAL DIRECTOR. (a) The board shall appoint a medical director. (b) To be qualified for appointment as the medical director, a person must: (1) be a doctor of medicine; and (2) actively practice medicine in the district. (c) The medical director is in charge of a…

Sec. 1117.063. RETIREMENT PROGRAM; INSURANCE OR MEDICAL PROTECTION PROGRAM. The board may enter into any contract as required to establish or continue a retirement program or insurance or medical protection program for the benefit of the district's employees. Added by Acts 2013, …

Sec. 1117.101. DISTRICT RESPONSIBILITY. The district has full responsibility for: (1) providing medical and hospital care for the district's needy inhabitants; and (2) operating all hospital facilities for providing medical and hospital care for needy or indigent persons in the d…

Sec. 1117.102. RESTRICTION ON COUNTY OR MUNICIPAL TAXATION. A county, any part of which is in the district, or a municipality in the district may not issue bonds or other obligations or impose a tax on property in the district for hospital purposes for medical treatment of needy …

Sec. 1117.103. MANAGEMENT AND CONTROL. (a) The management and control of the district is vested in the board. (b) The district, through the board, has every power, right, and privilege incident to the ownership of land, buildings, and personal property and the complete operation,…

Sec. 1117.104. HOSPITAL SYSTEM. The district shall provide for: (1) the establishment of a hospital system by: (A) purchasing, constructing, acquiring, repairing, or renovating buildings and equipment; and (B) equipping the buildings; and (2) the administration of the hospital sy…

Sec. 1117.105. RULES. The district, through the board, may adopt rules for the operation of the district. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1117.106. PURCHASING AND ACCOUNTING. 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. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. Apri…

Sec. 1117.107. 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 located in district territory if the interest is necessary to a power, right, or privilege conferred by this chapter. (b) The…

Sec. 1117.108. 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 any directions, limitations, or other provisions prescribed in writing by the donor that are not inconsisten…

Sec. 1117.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR CARE AND TREATMENT. The board may contract with: (1) any county or municipality located outside the district for the care and treatment of a sick or injured person of that county or municipality; and (2) this state or a fede…

Sec. 1117.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) When a patient who resides in the district has been admitted to a district facility, the board shall have an inquiry made into the circumstances of: (1) the patient; and (2) the patient's relatives legally liable for the patie…

Sec. 1117.111. AUTHORITY TO SUE AND BE SUED. The district, through 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. CHANGE IN BOUNDARIES

Sec. 1117.151. ANNEXATION; TERRITORY SUBJECT TO ANNEXATION. The board may adopt an order to annex territory that is adjacent to the district if an election is called by the board in accordance with this subchapter. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.…

Sec. 1117.152. ELECTION. An election described by Section 1117.151 must be confined to the territory proposed to be annexed to the district. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1117.153. ELECTION RESULT; EFFECT. On approval of the annexation by a majority of the voters in the territory proposed to be annexed, the territory: (1) becomes a part of the district; (2) is liable for the territory's pro rata share of the district's indebtedness; and (3) s…

Sec. 1117.201. BUDGET. The board shall prepare an annual budget, with the assistance of the district administrator, that corresponds to the district's fiscal year. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1117.202. NOTICE; HEARING. (a) Before an annual budget described by Section 1117.201 is adopted, the board shall call a public hearing on the budget. (b) Notice of the hearing must be published in a newspaper of general circulation in the district not later than the 10th day…

Sec. 1117.203. FISCAL YEAR. The board may establish a fiscal year for the district. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1117.204. ANNUAL AUDIT. Promptly after the close of each fiscal year, the board shall have an annual audit made of the district's books and records by an independent public accountant. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1117.205. FINANCIAL REPORT. After the close of each fiscal year, the district administrator shall prepare for the board: (1) a complete sworn statement of all district money; and (2) a complete account of all disbursements of that money. Added by Acts 2013, 83rd Leg., R.S., …

Sec. 1117.206. INSPECTION OF DISTRICT RECORDS AND REPORTS. The district's financial books and records, annual audit reports, district administrator's statement, and annual budget shall be open to reasonable inspection at the district's principal office. Added by Acts 2013, 83rd L…

Sec. 1117.207. DEPOSITORY OR TREASURER. (a) The board shall designate one or more banks in the district to serve as depository or treasurer for district money. (b) District money shall be immediately deposited on receipt with a depository bank, except that sufficient money must b…

Sec. 1117.251. GENERAL OBLIGATION BONDS. (a) The board may issue and sell general obligation bonds in the name and on the faith and credit of the district for any purpose related to the purchase, construction, acquisition, repair, or renovation of buildings and improvements, and …

Sec. 1117.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At the time general obligation bonds are issued under Section 1117.251, the board shall impose an ad valorem tax at a rate sufficient to create an interest and sinking fund and to pay the principal of and interest on the bon…

Sec. 1117.253. 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 for that purpose. (b) The board shall call the election. The election must be held…

Sec. 1117.254. EXECUTION OF GENERAL OBLIGATION BONDS. The board president shall execute the general obligation bonds in the district's name, and the board secretary shall attest the bonds as provided by Chapter 618, Government Code. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S…

Sec. 1117.255. REFUNDING BONDS. (a) The district may, without an election, issue refunding bonds to refund any bond or other refundable indebtedness issued or assumed by the district. (b) A refunding bond may be: (1) sold, with the proceeds of the refunding bond applied to the pa…

Sec. 1117.256. 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) the transfer and issuance of the bonds; and (3) any profits made in the sale of the bonds. Added by Acts…

Sec. 1117.301. IMPOSITION OF AD VALOREM TAX. (a) The board shall impose a tax on all taxable property in the district subject to district taxation. (b) The board shall impose the tax to: (1) pay the interest on and create a sinking fund for bonds issued or assumed by the district…

Sec. 1117.302. TAX RATE. The board may impose the tax at a rate not to exceed 75 cents on each $100 valuation of all taxable property in the district. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.01, eff. April 1, 2015.

Sec. 1117.303. TAX ASSESSOR-COLLECTOR. The tax assessor-collector of: (1) DeWitt County shall assess and collect taxes imposed by the district on all taxable property in DeWitt County; (2) Lavaca County shall assess and collect taxes imposed by the district on all taxable propert…