Title SD, Special District Local Laws Code

Sec. 1105.002. AUTHORITY FOR CREATION. The Terry Memorial Hospital District is created under the authority of Section 9, Article IX, Texas Constitution, and has the rights, powers, and duties provided by this chapter. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. …

Sec. 1105.003. ESSENTIAL PUBLIC FUNCTION. The district performs an essential public function in carrying out the purposes of this chapter. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.

Sec. 1105.004. DISTRICT TERRITORY. The boundaries of the district are coextensive with the boundaries of Terry County, Texas. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.

Sec. 1105.005. 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 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.

Sec. 1105.006. 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 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013. SUBCHAPT…

Sec. 1105.051. BOARD ELECTION; TERM. (a) The district is governed by a board of seven directors elected from the district at large in the manner provided by Section 1105.0515. (b) Unless four-year terms are established under Section 285.081, Health and Safety Code: (1) directors …

Sec. 1105.0515. ELECTION OF DIRECTORS BY CUMULATIVE VOTING. (a) All directors shall be elected at large using the cumulative voting procedure prescribed by this section. (b) All director positions to be filled at the election shall be voted on as one race by all qualified voters …

Sec. 1105.052. NOTICE OF ELECTION. Notice of a directors' election must be published one time in a newspaper of general circulation in Terry County in accordance with Section 4.003, Election Code. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2…

Sec. 1105.053. BALLOT APPLICATION. A person who wants to have the person's name printed on the ballot as a candidate for director must file an application with the board secretary in accordance with Chapter 144, Election Code. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 114…

Sec. 1105.054. QUALIFICATIONS FOR OFFICE. A person must at the time of election or appointment as director be: (1) registered to vote in the district; and (2) at least 18 years of age. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.

Sec. 1105.055. FILING OF OATH. The constitutional oath of office executed by a director must be filed in the district's office. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.

Sec. 1105.056. BOARD VACANCY. (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 four for any reason, the remaining directors shall immediately call a …

Sec. 1105.057. OFFICERS. The board shall elect from among its members a president, a vice president, and a secretary. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.

Sec. 1105.058. COMPENSATION. A director is entitled to compensation at a rate determined by the board. The rate may not exceed $10 for each board meeting. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.

Sec. 1105.059. VOTING REQUIREMENT. A concurrence of four directors is sufficient in any matter relating to district business. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.

Sec. 1105.060. DISTRICT ADMINISTRATOR; ASSISTANT ADMINISTRATOR. (a) The board shall appoint a qualified person as district administrator. (b) The board may appoint an assistant administrator. (c) The district administrator and any assistant administrator serve at the will of the …

Sec. 1105.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. Subject to any limitations prescribed by the board, the district administrator shall: (1) supervise the work and activities of the district; and (2) direct the affairs of the district. Added by Acts 2011, 82nd Leg., R.S., C…

Sec. 1105.062. EMPLOYEES. The board may employ any nurses, technicians, and other lay personnel considered necessary for the efficient operation of the district or may provide that the district administrator has the authority to employ those persons. Added by Acts 2011, 82nd Leg.…

Sec. 1105.063. RECRUITMENT OF MEDICAL STAFF. (a) The board may spend district money to recruit physicians, nurses, or other trained medical personnel. (b) The board may: (1) contract with a full-time medical or nursing student who is enrolled and in good standing in an accredited…

Sec. 1105.064. CONTINUING EDUCATION; RETRAINING. The board may spend district money for continuing education and retraining of employees. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.

Sec. 1105.065. RETIREMENT PROGRAM. The board may enter into any contract or agreement with this state or the federal government that is required to establish or continue a retirement program for the benefit of the district's employees. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 …

Sec. 1105.066. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. (a) The board shall: (1) keep an accurate account of all board meetings and proceedings; and (2) maintain at the district's principal office all district records and accounts, including all contracts, notices, duplicate vo…

Sec. 1105.101. DISTRICT RESPONSIBILITY. The district has full responsibility for: (1) operating all hospital facilities for providing medical and hospital care of indigent persons; and (2) providing medical and hospital care for the district's needy inhabitants. Added by Acts 201…

Sec. 1105.102. RESTRICTION ON COUNTY OR MUNICIPAL TAXATION AND DEBT. Terry County or a municipality in Terry County may not impose a tax or issue bonds or other obligations for hospital purposes or for medical care. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.…

Sec. 1105.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. The board shall manage, control, and administer the district's hospitals and hospital system. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.

Sec. 1105.104. 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. 1105.105. RULES. The board may adopt rules for the operation of the district and as required to administer this chapter. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.

Sec. 1105.106. PURCHASING AND ACCOUNTING PROCEDURES. 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 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01,…

Sec. 1105.107. RATES AND CHARGES. The board shall establish the rates and charges for: (1) services; (2) supplies; and (3) the use of district facilities. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.

Sec. 1105.108. 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 located in district territory if the interest is necessary or convenient to a power, right, or privilege conferred by this ch…

Sec. 1105.109. 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. 1105.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR CARE AND TREATMENT. (a) The board may contract with a county or municipality located outside Terry County for the care and treatment of a sick or injured person of that county or municipality. (b) The board may contract with…

Sec. 1105.111. DISPOSITION OF REAL PROPERTY. The district may sell or otherwise dispose of real property on terms the board finds are in the best interest of the district. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.

Sec. 1105.112. PROVISION OF CERTAIN HEALTH CARE SERVICES. The district may provide any appropriate health care services the board determines are necessary to meet the needs of the district, including: (1) emergency medical services; (2) home health care services; (3) long-term ca…

Sec. 1105.113. PAYMENT FOR TREATMENT; PROCEDURES. (a) When an indigent 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 legally liable for the patient's su…

Sec. 1105.114. AUTHORITY TO SUE AND BE SUED. The district, through the board, may sue and be sued. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013. SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 1105.151. BUDGET. (a) The district administrator shall prepare for approval by the board an annual budget that corresponds to the district's fiscal year. (b) Not later than August 31 of each year, the board shall publish notice of a public hearing on the proposed budget. The…

Sec. 1105.152. FISCAL YEAR. The district shall operate on a fiscal year that begins on October 1 and ends on September 30. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013.

Sec. 1105.153. AUDIT. (a) The district shall have an audit made of the district's financial condition. (b) The audit shall be open to inspection at all times at the district's principal office. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.01, eff. April 1, 2013…

Sec. 1105.154. FINANCIAL REPORT. As soon as practicable 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 the disbursements of that money. Added by Acts …

Sec. 1105.155. DEPOSITORY. (a) The board shall designate one or more banks in Terry County to serve as a depository for district money. (b) All district money shall be immediately deposited on receipt with a depository bank, except that sufficient money must be remitted to an app…

Sec. 1105.156. 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. 1105.201. GENERAL OBLIGATION BONDS. 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 or improvements, and equip…

Sec. 1105.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At the time general obligation bonds are issued by the district, 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 bonds as t…

Sec. 1105.203. 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 for that purpose. (b) The board shall call the election. The election must be held…

Sec. 1105.204. 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 2011, 82nd Leg., R.S., Ch. 70 (S.B…