Title SD, Special District Local Laws Code

Sec. 1046.122. RECOMMENDATION OF LEGISLATION; NOTICE. (a) The board may not recommend to the legislature legislation to amend this chapter unless the recommendation is approved by a concurrence of seven directors. (b) The board shall give notice of the date, hour, place, and subj…

Sec. 1046.151. BUDGET. (a) Each administrator shall prepare an annual budget for each hospital for which that person is the administrator. The board shall combine these budgets into a single budget for the district. (b) The proposed budget for the district must contain a complete…

Sec. 1046.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a) The board shall hold a public hearing on the proposed annual budget. (b) Notice of the hearing must be published in a newspaper of general circulation in the district one time at least 10 days before the date of the hearing.…

Sec. 1046.153. AMENDMENTS TO BUDGET. The budget may be amended as required by circumstances. The board must approve all amendments. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009.

Sec. 1046.154. RESTRICTION ON EXPENDITURES. Money may be spent only for an expense included in the budget or an amendment to the budget. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009.

Sec. 1046.155. FISCAL YEAR. (a) The district operates on a fiscal year established by the board. (b) The fiscal year may not be changed: (1) during a period that revenue bonds of the district are outstanding; or (2) more than once in a 24-month period. Added by Acts 2007, 80th Le…

Sec. 1046.156. ANNUAL AUDIT. The board annually shall have an audit made of the district's financial condition. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009.

Sec. 1046.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT RECORDS. The annual audit and other district records shall be open to inspection at the district's principal office. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009.

Sec. 1046.158. FINANCIAL REPORT. As soon as practicable after the close of each fiscal year, the administrators shall prepare for the board: (1) a complete sworn statement of all district money; and (2) a complete account of the disbursements of that money. Added by Acts 2007, 80…

Sec. 1046.159. DEPOSITORY. (a) After advertising in the manner provided by Chapter 252 and Subchapter C, Chapter 262, Local Government Code, the board shall choose by competitive bidding one or more banks inside or outside the district to serve as a depository for district money.…

Sec. 1046.160. SPENDING AND INVESTMENT RESTRICTIONS. (a) Except as otherwise provided by Section 1046.108(c), Section 1046.161, and Subchapter E, the district may not incur an obligation payable from district revenue other than the revenue on hand or to be on hand in the current …

Sec. 1046.161. AUTHORITY TO BORROW MONEY; SECURITY. (a) The district may incur a debt or borrow money on the credit of the district or secured by any source of revenue, including district taxes to be imposed in the next 12-month period, that is not pledged to pay the principal of…

Sec. 1046.201. GENERAL OBLIGATION BONDS. The board may issue and sell general obligations bonds in the name and on the faith and credit of the district for any purpose relating to: (1) the purchase, construction, acquisition, repair, or renovation of buildings or improvements; an…

Sec. 1046.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At the time general obligation bonds are issued by the district under Section 1046.201, the board shall impose an ad valorem tax at a rate sufficient to create an interest and sinking fund to pay the principal of and interes…

Sec. 1046.203. 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. (b) The board, in ordering a bond election, shall provide for clerks as in county elections and must specify…

Sec. 1046.204. MATURITY OF GENERAL OBLIGATION BONDS. District general obligation bonds must mature not later than 40 years after the date of issuance. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009.

Sec. 1046.205. EXECUTION OF GENERAL OBLIGATION BONDS. (a) The board president shall execute the general obligation bonds in the district's name. (b) The board secretary shall countersign the bonds in the manner provided by Chapter 618, Government Code. Added by Acts 2007, 80th Le…

Sec. 1046.206. REVENUE BONDS. (a) The board may issue revenue bonds to: (1) purchase, construct, acquire, repair, renovate, or equip buildings or improvements for hospital purposes; or (2) acquire sites to be used for hospital purposes. (b) The bonds must be payable from and secu…

Sec. 1046.207. REFUNDING BONDS. (a) The board may, without an election, issue refunding bonds to refund outstanding indebtedness issued or assumed by the district. (b) A refunding bond may be: (1) sold, with the proceeds of the bond applied to the payment of the outstanding indeb…

Sec. 1046.208. 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) profits made in the sale of the bonds. Added by Acts 200…

Sec. 1046.251. IMPOSITION OF AD VALOREM TAX. (a) The board may impose a tax on all property in the district subject to district taxation. (b) The board may impose the tax to pay: (1) indebtedness issued or assumed by the district; and (2) the maintenance and operating expenses of…

Sec. 1046.252. TAX RATE. (a) The board may impose the tax at a rate not to exceed 75 cents on each $100 valuation of taxable property in the district. (b) In setting the tax rate, the board shall consider the income of the district from sources other than taxation. Added by Acts …

Sec. 1046.253. ASSESSMENT AND COLLECTION BY COUNTY TAX ASSESSOR-COLLECTOR. (a) This section applies unless the board elects to have taxes assessed and collected under Section 1046.254. (b) The tax assessor-collector of Jackson County shall assess and collect taxes imposed by the …

Sec. 1046.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX ASSESSOR-COLLECTOR. (a) The board may elect to have district taxes assessed and collected by a tax assessor-collector appointed by the board. An election under this subsection must be made by December 1 and governs the mann…

Sec. 1047.001. DEFINITIONS. In this chapter: (1) "Board" means the board of directors of the district. (2) "Director" means a member of the board. (3) "District" means the Jasper Hospital District. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1,…

Sec. 1047.002. AUTHORITY FOR CREATION; JUDICIAL NOTICE. (a) The district is created under Section 9, Article IX, Texas Constitution, and this chapter. (b) A court shall take judicial notice of the district's establishment. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166),…

Sec. 1047.003. NATURE OF DISTRICT. The district is a governmental agency. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009.

Sec. 1047.004. DISTRICT TERRITORY. The boundaries of the district are coextensive with the boundaries of County Commissioners Precincts 1 and 2 of Jasper County, as those boundaries existed on April 12, 1963. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, ef…

Sec. 1047.051. BOARD ELECTION; TERM. (a) The board consists of nine directors elected from the district at large. (b) Unless four-year terms are established under Section 285.081, Health and Safety Code, directors serve two-year terms, with: (1) four directors elected in even-num…

Sec. 1047.052. QUALIFICATIONS FOR OFFICE. A person may not be elected or appointed as a director unless the person: (1) is a district resident; (2) owns land in the district subject to taxation; and (3) is at least 18 years of age at the time of the election. Added by Acts 2007, …

Sec. 1047.053. OATH; BOND; RECORD OF BOND AND OATH. (a) Before undertaking any official duties, each director must take an oath to faithfully discharge the duties of office without favor or partiality. (b) Each director shall give a good and sufficient bond for $1,000 that is: (1…

Sec. 1047.054. BOARD VACANCY; SPECIAL ELECTION. (a) If a vacancy occurs in the office of director, the remaining directors shall appoint a director for the unexpired term. (b) If the number of directors is reduced to fewer than six, the remaining directors shall call a special el…

Sec. 1047.055. OFFICERS. (a) The board shall elect from among its members a president and a secretary. (b) Each officer of the board serves until the next directors' election. (c) The board shall fill a vacancy in a board office for the unexpired term by appointment. Added by Act…

Sec. 1047.056. REMOVAL FROM OFFICE. A director may be removed from office in the same manner and for the same causes as county officers under state law. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009.

Sec. 1047.057. COMPENSATION; EXPENSES. A director serves without compensation but shall be reimbursed for actual expenses incurred in the performance of the director's duties under this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 20…

Sec. 1047.058. MEETINGS. (a) The board shall: (1) meet at least once a month; and (2) hold special meetings as the board considers necessary. (b) A taxpayer, resident, or interested party: (1) may attend a board meeting but may not participate in a meeting without the consent of …

Sec. 1047.059. VOTING REQUIREMENT. A concurrence of five directors is sufficient in any matter relating to district business. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009.

Sec. 1047.060. MAINTENANCE OF RECORDS. (a) The board shall: (1) keep an account of all board meetings and proceedings; and (2) maintain in a safe place all district records and accounts, including all contracts, notices, duplicate vouchers, and duplicate receipts. (b) The informa…

Sec. 1047.061. EMPLOYEES. The board: (1) may employ a general manager or administrator, an attorney, a bookkeeper, and an architect; and (2) shall employ all other employees necessary for the proper handling and operation of the district. Added by Acts 2007, 80th Leg., R.S., Ch. …

Sec. 1047.101. GENERAL POWERS. (a) The board has full management and control of all district business. The board may negotiate and contract with any person to purchase or lease land, to construct and equip a hospital system, and to operate and maintain the hospital. (b) The distr…

Sec. 1047.102. HOSPITAL SYSTEM. The district may contract for the purchase of land, for the hospital system, and for the construction of the hospital. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009.

Sec. 1047.103. 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 exerc…

Sec. 1047.104. GIFTS AND ENDOWMENTS. The board may accept for the district a gift or endowment to be held in trust by the board for the purposes and under the directions, limitations, or other provisions prescribed in writing by the donor that are not inconsistent with the proper…

Sec. 1047.105. CONTRACT IN NAME OF DISTRICT. The district shall contract in the name of the district. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009.

Sec. 1047.106. CONSTRUCTION CONTRACTS. (a) A contract for making and constructing improvements authorized by this chapter and any necessary related work for which the cost exceeds $10,000 shall be awarded: (1) to the lowest responsible bidder who furnishes satisfactory evidence t…

Sec. 1047.107. AUTHORITY TO SUE AND BE SUED. The district, through the board, may sue and be sued in the district's own name in any court of this state. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.02, eff. April 1, 2009. SUBCHAPTER D. GENERAL FINANCIAL PROVIS…