SPECIAL DISTRICTS CODE
CHAPTER 1003. BOOKER HOSPITAL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
§ 1003.001. 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 Booker Hospital District.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.002. AUTHORITY FOR OPERATION. The Booker
Hospital District operates under the authority of Section 9,
Article IX, Texas Constitution.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.003. POLITICAL SUBDIVISION. The district is a
political subdivision of this state.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.004. DISTRICT TERRITORY. The district is
composed of the territory described by Section 1, Chapter 411, Acts
of the 58th Legislature, Regular Session, 1963.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.005. CORRECTION OF INVALID PROCEDURE. 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.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER B. DISTRICT ADMINISTRATION
§ 1003.051. BOARD. The district is governed by a board
of seven directors.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.052. TERM; ELECTION. (a) Unless a four-year
term is established under Section 285.081, Health and Safety Code:
(1) directors serve staggered terms of two years;
(2) three directors shall be elected in odd-numbered
years and four directors shall be elected in even-numbered years;
and
(3) a directors election shall be held on the first
Saturday in May of each year to elect the appropriate number of
directors.
(b) Directors are elected at large.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.053. VACANCY. If a vacancy occurs in the office
of director, the remaining directors shall appoint a director for
the remainder of the unexpired term.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.054. OFFICERS. The board shall elect a president
and a secretary from among the directors to serve until the next
directors election.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.055. COMPENSATION; EXPENSES. A director serves
without compensation but may be reimbursed for actual expenses
incurred in the performance of official duties on the approval of
the expenses by the entire board.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.056. EMPLOYEES. The board may employ a general
manager, attorney, financial advisor, bookkeeper, or architect.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.057. MAINTENANCE OF RECORDS; PUBLIC
INSPECTION. All district records, including books, accounts,
notices, minutes, and all other matters of the district and the
operation of its facilities, shall be:
(1) maintained at the district office; and
(2) open to public inspection at the district office
at all reasonable hours.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.058. SEAL. The board may adopt a seal for the
district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
§ 1003.101. DISTRICT RESPONSIBILITY. The district has
full responsibility for the operation of all hospital facilities
for providing hospital care for the district's needy residents.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.102. LIMITATION ON CERTAIN POLITICAL
SUBDIVISIONS. A political subdivision within the district may not
impose taxes or issue bonds or other obligations for hospital
purposes or to provide medical care for district residents.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.103. MANAGEMENT AND CONTROL. The board has the
complete management and control of all the business of the
district, including the power to negotiate and contract with any
person to purchase or lease land, to construct and equip a hospital
system, to operate and maintain the hospital, and to negotiate and
contract with other political subdivisions of the state or private
individuals, associations, or corporations for those purposes.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.104. HOSPITAL SYSTEM. The district may
establish a hospital system to provide medical and hospital care to
persons residing in the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.105. RULES. (a) The board may adopt rules
governing the operation of the district, including district
facilities.
(b) On approval by the board, the rules may be published in
booklet form at district expense and made available to any taxpayer
on request.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.106. PURCHASING AND ACCOUNTING
PROCEDURES. (a) The board may prescribe the method and manner of
the making of purchases and expenditures by the district.
(b) The board shall prescribe:
(1) all accounting and control procedures; and
(2) the method of purchasing necessary supplies,
materials, and equipment.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.107. 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, real, personal, or mixed,
located in the territory of the district if the interest is
necessary or convenient for the district to exercise the rights,
powers, privileges, or functions conferred by this chapter.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, but the
district is not required to deposit in the trial court money or bond
as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district,
the district is not required to:
(1) pay in advance or provide bond or other security
for costs in the trial court;
(2) provide bond for the issuance of a temporary
restraining order or a temporary injunction; or
(3) provide bond for costs or supersedeas on an appeal
or writ of error.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.108. 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 the
directions, limitations, or other provisions prescribed in writing
by the donor that are not inconsistent with the proper management
and objectives of the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.109. PAYMENT FOR TREATMENT;
PROCEDURES. (a) When a patient from the county has been admitted
to a district facility, the board shall require an inquiry into the
circumstances of:
(1) the patient; and
(2) the patient's relatives who are legally liable for
the patient's support.
(b) If an agent designated by the district to handle these
affairs finds that the patient or the relatives are not able to pay
all or part of the costs of the care and treatment in the hospital,
the care and treatment shall become a charge on the district.
(c) If the agent finds that the patient or the patient's
relatives are liable to pay for all or part of the costs of the care
and treatment, an order shall be made directing the patient or the
relatives to pay a specified amount per week to the treasurer for
the support of the patient. The amount ordered must be
proportionate to financial ability and may not exceed the actual
per capita cost of maintenance.
(d) The district may collect the sum from the patient's
estate, or from any relatives legally liable for the patient's
support, in the manner provided by law for the collection of
expenses of the last illness of a deceased person.
(e) If there is a dispute as to the ability to pay, or doubt
in the mind of the district's designated agent, the board shall hear
and determine the dispute or resolve the doubt, after calling
witnesses, and shall make a proper order. The order may be appealed
to the district court by either party to the dispute.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.110. AUTHORITY TO SUE AND BE SUED. As a
governmental agency, the district may sue and be sued in its own
name in any court of this state.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
§ 1003.151. BUDGET. (a) Each year, the board shall
prepare a budget showing for the following fiscal year:
(1) the proposed expenditures and disbursements;
(2) the estimated receipts and collections; and
(3) the amount of taxes required to be imposed during
the year.
(b) The board shall hold a public hearing on the proposed
budget. At least 10 days before the date of hearing, at least one
notice of the hearing shall be published in a newspaper of general
circulation in the county.
(c) Any district taxpayer is entitled to appear at the time
and place designated in the notice and to be heard regarding any
item shown in the proposed budget.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.152. FISCAL YEAR. The district's fiscal year
begins on October 1 and ends on September 30.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.153. ANNUAL AUDIT. (a) For each fiscal year,
the board shall have an independent audit made of the district's
books and records.
(b) Not later than December 31 each year, the audit shall be
filed with the comptroller and at the district office.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.154. DEPOSITORY. (a) The board by resolution
shall designate one or more banks in the district as the district's
depository or treasurer. A designated bank serves for two years and
until a successor is designated.
(b) All income received by the district, including tax
revenue after deducting discounts and fees for assessing and
collecting the taxes, shall be deposited with the district
depository and may be withdrawn only as provided by this chapter.
(c) All district funds shall be secured in the manner
provided for securing county funds.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER E. BONDS
§ 1003.201. GENERAL OBLIGATION BONDS. The board may
issue and sell bonds in the name and on the faith and credit of the
district to:
(1) purchase, construct, acquire, repair, or renovate
buildings or improvements; and
(2) equip buildings or improvements for hospital
purposes.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.202. TAXES TO PAY GENERAL OBLIGATION
BONDS. (a) The board shall impose an ad valorem tax in an amount
sufficient to create an interest and sinking fund to pay the
principal of and interest on the general obligation bonds as they
mature.
(b) The tax required by this section together with any other
tax the district imposes in any year may not exceed 75 cents on each
$100 assessed value of the property according to the most recent
certified tax appraisal roll of the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.203. GENERAL OBLIGATION BOND ELECTION. (a) The
district may issue general obligation bonds only if the bonds are
authorized by a majority of the voters voting at an election held
for that purpose.
(b) The board may call an election on its own motion and must
specify:
(1) the place or places where the election will be
held;
(2) the presiding election officers;
(3) the purpose for which the bonds are to be issued;
(4) the amount of the bonds;
(5) the maximum interest rate of the bonds; and
(6) the maximum maturity of the bonds, which may not
exceed 40 years from the date of issuance.
(c) Notice of a bond election shall be given by publishing a
substantial copy of the order calling the election in a newspaper of
general circulation in the district once a week for two consecutive
weeks before the date of the election. The first publication must
occur not later than the 21st day before the date set for the
election.
(d) The district shall pay the costs of the election.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.204. EXECUTION OF GENERAL OBLIGATION BONDS. The
board president shall execute the general obligation bonds in the
name of the district. The board secretary shall countersign the
bonds.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.205. REFUNDING BONDS. (a) The board may,
without an election, issue refunding bonds to refund outstanding
bonds issued or assumed by the district.
(b) Subject to Subsection (c), a refunding bond may be:
(1) sold, with the proceeds of the refunding bonds
applied to the payment of the bonds to be refunded; or
(2) exchanged in whole or in part for not less than a
like amount of bonds to be refunded and the matured but unpaid
interest on those bonds.
(c) The average annual interest cost on the refunding bonds,
computed in accordance with recognized standard bond interest cost
tables, may not exceed the average annual interest cost on the bonds
to be refunded, unless the total interest cost on the refunding
bonds to their maturity dates is less than the total interest cost
on the bonds to be refunded.
(d) Any premium required to be paid, as a condition to
payment in advance of the stated maturity dates, on the bonds to be
refunded must be included in computing the net interest cost to the
district of the refunding bonds.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER F. TAXES
§ 1003.251. IMPOSITION OF TAXES. (a) The board shall
impose on all property subject to district taxation, for the
benefit of the district, a tax at a rate not to exceed 75 cents on
each $100 assessed value of the property according to the most
recent certified tax appraisal roll of the district.
(b) The board shall impose the tax to:
(1) pay the principal of and interest on, and to create
an interest and sinking fund for, bonds that may have been assumed
or that may be issued by the district for hospital purposes;
(2) provide for the operation and maintenance of the
hospital or hospital system;
(3) make improvements and additions to the hospital
system; and
(4) acquire necessary sites for the hospital system by
purchase, lease, or condemnation.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.252. POWERS AND DUTIES OF COUNTY TAX ASSESSOR;
FEES. (a) The county tax assessor and collector shall collect the
tax imposed under this subchapter unless the board by majority vote
appoints a tax assessor and collector under Section 285.041, Health
and Safety Code.
(b) The county tax assessor and collector shall charge and
deduct from payments to the district a fee for imposing the tax in
an amount determined by the board not to exceed the lesser of one
percent of the amount collected or $5,000 for the fiscal year. The
fees shall be deposited in the county's general fund and shall be
reported as fees of the tax assessor and collector.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 1003.253. INTEREST, PENALTIES, AND
DISCOUNTS. Interest, penalties, and discounts on taxes paid to the
district shall be the same as for county taxes.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
