CHAPTER 1012.  COCHRAN MEMORIAL HOSPITAL DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 1012.001.  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 Cochran Memorial Hospital District.  (New.)

Revisor's Note

The definitions of "board," "director," and "district" are added to the revised law for drafting convenience and to eliminate frequent, unnecessary repetition of the substance of the definitions.

Revised Law

Sec. 1012.002.  AUTHORITY FOR CREATION.  The Cochran Memorial Hospital District is created under the authority of Section 9, Article IX, Texas Constitution.  (Acts 60th Leg., R.S., Ch. 494, Sec. 1 (part).)

Source Law

Sec. 1.  Pursuant to authority granted by the provisions of Section 9, Article IX, Constitution of the State of Texas, Cochran Memorial Hospital District is hereby authorized to be created and … .

Revised Law

Sec. 1012.003.  ESSENTIAL PUBLIC FUNCTION.  The district performs an essential public function in carrying out the purposes of this chapter.  (Acts 60th Leg., R.S., Ch. 494, Sec. 8 (part).)

Source Law

Sec. 8.  In carrying out the purposes of this Act the district will be performing an essential public function and … .

Revised Law

Sec. 1012.004.  DISTRICT TERRITORY.  The boundaries of the district are coextensive with the boundaries of Cochran County, Texas.  (Acts 60th Leg., R.S., Ch. 494, Sec. 1 (part).)

Source Law

Sec. 1.  …  Cochran Memorial Hospital District … as created shall have boundaries co-extensive with the boundaries of Cochran County, Texas, and … .

Revised Law

Sec. 1012.005.  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.  (Acts 60th Leg., R.S., Ch. 494, Sec. 18 (part).)

Source Law

Sec. 18.  The support and maintenance of the Cochran Memorial Hospital District shall never become a charge against or obligation of the State of Texas, … .

Revised Law

Sec. 1012.006.  RESTRICTION ON STATE FINANCIAL ASSISTANCE.  The legislature may not make a direct appropriation for the construction, maintenance, or improvement of a district facility.  (Acts 60th Leg., R.S., Ch. 494, Sec. 18 (part).)

Source Law

Sec. 18.  … nor shall any direct appropriation be made by the Legislature for the construction, maintenance, or improvement of any of the facilities of such district.

Revisor's Note

(End of Subchapter)

(1)  Section 1, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, states that the district has "such rights, powers, and duties as are hereinafter prescribed."  The revised law omits that provision as unnecessary because the chapter by its own terms provides the district's rights, powers, and duties.  The omitted law reads:

Sec. 1.  …  [Cochran Memorial Hospital District … shall] … possess such rights, powers, and duties as are hereinafter prescribed.

(2)  Section 3, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides procedures for holding an election on creation of the Cochran Memorial Hospital District and the imposition of an ad valorem tax. Because the creation of the hospital district and the imposition of the tax were approved at the described election, the revised law omits Section 3 as executed. The omitted law reads:

Sec. 3.  The district shall not be created nor shall any tax therein be authorized unless and until such creation and such tax are approved by a majority of the qualified property taxpaying electors of the district voting at an election called for such purpose. Such election may be initiated by the commissioners court of Cochran County upon its own motion or shall be called by said commissioners court upon presentation of a petition therefor signed by at least 100 qualified property taxpaying electors of the district.  Such election shall be held not less than 30 nor more than 60 days from the time such election is ordered by the commissioners court.  The order calling the election shall specify the time and places of holding same, the form of ballot and the presiding judge for each voting place. Notice of election shall be given by publishing a substantial copy of the election order in a newspaper of general circulation in Cochran County, Texas, once a week for two consecutive weeks, the first publication to appear at least 14 days prior to the date established for the election.  If the proposition to create the Cochran Memorial Hospital District fails to carry at the election, no other election for the same purpose may be held within one year after the result of the election is announced officially.  At said election there shall be submitted to the qualified property taxpaying electors of Cochran County the proposition of whether or not Cochran Memorial Hospital District shall be created with authority to levy annual taxes at a rate not to exceed 75 cents on the $100 valuation of taxable property within such district for the purpose of meeting the requirements of the district's bonds, indebtedness assumed by it, and its maintenance and operating expenses, and a majority of the qualified property taxpaying electors of the district voting at said election in favor of the proposition shall be sufficient for its adoption.  The ballots shall have printed thereon the following:

"FOR the creation of Cochran Memorial Hospital District providing for the levy of a tax not to exceed 75 cents on the $100 valuation using Cochran County values and Cochran County tax rolls, and providing for the assumption by such district of all outstanding bonds and indebtedness heretofore issued by Cochran County and by any city or town within said county for hospital purposes."

"AGAINST the creation of Cochran Memorial Hospital District providing for the levy of a tax not to exceed 75 cents on the $100 valuation using Cochran County values and Cochran County tax rolls, and providing for the assumption by such district of all outstanding bonds and indebtedness heretofore issued by Cochran County and by any city or town within said county for hospital purposes."

(3)  Section 19, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that the act is severable.  The revised law omits that provision because it duplicates Section 311.032, Government Code (Code Construction Act), applicable to the revised law, and Section 312.013, Government Code, applicable to civil statutes, which provide that a provision of a statute is severable from each other provision of the statute that can be given effect.  The omitted law reads:

Sec. 19.  If any of the provisions of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

[Sections 1012.007-1012.050 reserved for expansion]

SUBCHAPTER B. DISTRICT ADMINISTRATION

Revised Law

Sec. 1012.051.  BOARD; ELECTION.  (a)  The board consists of five elected directors.

(b)  One director is elected from each county commissioners precinct and one director is elected from the district at large.  (Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)

Source Law

Sec. 4.  At the election to create the district the qualified voters of the proposed hospital district shall receive a separate ballot to elect five directors … . One director shall be elected from each commissioners precinct and one director shall be elected from the district at large… .

Revisor's Note

(1)  Section 4, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides "[a]t the election to create the district the qualified voters of the proposed hospital district shall receive a separate ballot to elect" five directors.  The revised law omits the quoted language as executed but codifies the establishment of a board consisting of five directors.

(2)  Section 4, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, states that directors' elections are held on the first Saturday in April each year.  The revised law omits that provision as impliedly repealed by a 1986 amendment to Section 41.001, Election Code.  Chapter 14, Acts of the 69th Legislature, 3rd Called Session, 1986, amended Section 41.001, Election Code, to prescribe certain uniform election dates.  Section 37 of that act required a political subdivision that had held its general election of officers on the first Saturday in April to hold that election on a uniform election date in May or to choose a different uniform election date on which to hold the election.  The omitted law reads:

Sec. 4.  …  The regular election of directors shall be held on the first Saturday in April in each year, and … .

Revised Law

Sec. 1012.052.  TERM.  Directors serve staggered two-year terms unless a four-year term is established under Section 285.081, Health and Safety Code.  (Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)

Source Law

Sec. 4.  … After the election of the first directors, they shall draw lots and three shall serve for a one-year term and two shall serve for a two-year term.  Thereafter, all directors will serve for a period of two years and until their successors have been duly elected or appointed and qualified… .

Revisor's Note

(1)  Section 4, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that "[a]fter the election of the first directors, they shall draw lots" and serve staggered terms of two years.  Section 285.081, Health and Safety Code, applicable to all hospital districts, provides a mechanism by which the governing board of a hospital district, on its own motion, may order that the directors are to be elected in even-numbered years to serve staggered four-year terms.  The revised law is drafted accordingly and adds a reference to Section 285.081 for the convenience of the reader.  The revised law omits the quoted language as executed.

(2)  Section 4, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that the directors serve "until their successors have been duly elected or appointed and qualified."  The revised law omits that provision as unnecessary because it duplicates Section 17, Article XVI, Texas Constitution, which provides that an officer in this state is to continue to perform the officer's official duties until a successor has qualified.

Revised Law

Sec. 1012.053.  NOTICE OF ELECTION.  At least 10 days before the date of an election of directors, notice of the election shall be published one time in a newspaper of general circulation in Cochran County.  (Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)

Source Law

Sec. 4.  … notice of such election shall be published in a newspaper of general circulation in Cochran County one time at least 10 days prior to the date of election… .

Revised Law

Sec. 1012.054.  BALLOT PETITION.  (a)  A person who wants to have the person's name printed on the ballot as a candidate for director must file a petition requesting that action.

(b)  The petition must be:

     (1)  signed by at least 10 qualified voters; and

     (2)  filed at least 25 days before the date of the election.  (Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)

Source Law

Sec. 4.  …  Any person desiring to have his name printed on the ballot as a candidate for director shall file a petition signed by not less than 10 qualified voters to such effect, at least 25 days prior to the election.

Revised Law

Sec. 1012.055.  QUALIFICATIONS FOR OFFICE.  To qualify for election to the board, a person must:

     (1)  be a resident of Cochran County; and

     (2)  own property in Cochran County subject to taxation.  (Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)

Source Law

Sec. 4.  … To qualify for election to the board, a person must be at least 21 years of age, be a resident of the county, and own property subject to taxation within the county… .

Revisor's Note

Section 4, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, states that a person "must be at least 21 years of age" to qualify for election as a board member.  The revised law omits that provision because Chapter 129, Civil Practice and Remedies Code, establishes 18 years as the age of majority in this state.  Section 129.002, Civil Practice and Remedies Code, provides that a law adopted before August 27, 1973, that extends a right, privilege, or obligation to an individual on the basis of a minimum age of 19, 20, or 21 years shall be interpreted as prescribing a minimum age of 18 years.  Section 4 was enacted in 1967 and has not been amended.

Revised Law

Sec. 1012.056.  FILING OF OATH.  The constitutional oath of office executed by a director must be filed in the district's office.  (Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)

Source Law

Sec. 4.  …

[Each member of the board of directors shall qualify for his office by executing] the Constitutional oath of office to be filed in the office of the district… .

Revisor's Note

Section 4, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, requires a board member to take the constitutional oath of office.  The revised law omits that provision as unnecessary because Section 1, Article XVI, Texas Constitution, requires all officers to take the oath before assuming office.  The omitted law reads:

Sec. 4.  …  Each member of the board of directors shall qualify for his office by executing [the Constitutional oath of office] … .

Revised Law

Sec. 1012.057.  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 three for any reason, the remaining directors shall immediately call a special election to fill the vacancies.  If the remaining directors do not call the election, the county judge of Cochran County may fill the vacancies by appointment.  (Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)

Source Law

Sec. 4.  … All vacancies in the office of director shall be filled for the unexpired term by appointment by the remainder of the board. However, in the event the number of directors shall be reduced at any one time to less than three for any reason, the remaining directors shall immediately call a special election to fill said vacancies and upon failure to do so such vacancies may be filled by appointment by the county judge of Cochran County… .

Revised Law

Sec. 1012.058.  OFFICERS.  The board shall elect from among its members a president, vice president, and secretary.  (Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)

Source Law

Sec. 4.  … The board of directors shall organize by electing one of their number as president, one as vice president and one as secretary. …

Revised Law

Sec. 1012.059.  COMPENSATION.  A director is entitled to compensation at a rate determined by the board.  The rate may not exceed $10 for each board meeting.  (Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)

Source Law

Sec. 4.  …  Directors shall be entitled to compensation at a rate to be determined by the board provided that in no event shall the rate of compensation exceed $10 for each meeting of the board of directors. …

Revised Law

Sec. 1012.060.  VOTING REQUIREMENT.  A concurrence of three directors is sufficient in any matter relating to district business.  (Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)

Source Law

Sec. 4.  … Any three members of the board shall constitute a quorum, and a concurrence of three shall be sufficient in all matters pertaining to the business of the district. …

Revisor's Note

Section 4, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that "[a]ny three members of the board shall constitute a quorum."  The revised law omits that provision because it duplicates general law.  Section 311.013, Government Code (Code Construction Act), applicable to the revised law, provides that a majority of a board or commission constitutes a quorum.

Revised Law

Sec. 1012.061.  MAINTENANCE OF RECORDS; PUBLIC INSPECTION.  (a)  The board shall:

     (1)  keep an 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 vouchers, and duplicate receipts.

(b)  The information described by Subsection (a) shall be open to public inspection at the district's principal office at all reasonable times.  (Acts 60th Leg., R.S., Ch. 494, Sec. 4 (part).)

Source Law

Sec. 4.  …  The board shall require the keeping of a true account of all its meetings and proceedings, and shall preserve all contracts, records, notices, duplicate vouchers, duplicate receipts, and all accounts and records of the district at its principal office where same shall be open to public inspection at all reasonable times… .

Revisor's Note

Section 4, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, requires the board to keep a "true" account of all board meetings and proceedings.  The revised law omits the reference to "true" because the requirement that an account be kept presumes the requirement that the account be true.  In addition, under Section 37.10, Penal Code, a person who knowingly makes a false entry in a governmental record commits the offense of tampering with a governmental record.

Revised Law

Sec. 1012.062.  DISTRICT ADMINISTRATOR; ASSISTANT ADMINISTRATOR.  (a)  The board shall appoint a qualified person as district administrator.

(b)  The board may appoint an assistant to the district administrator.

(c)  The district administrator and any assistant administrator serves at the will of the board and is entitled to the compensation determined by the board.

(d)  On assuming the duties of district administrator, the administrator must execute a bond payable to the district in an amount of not less than $10,000 to be set by the board that:

     (1)  is conditioned on the administrator performing the administrator's required duties; and

     (2)  contains other conditions the board may require.  (Acts 60th Leg., R.S., Ch. 494, Sec. 5 (part).)

Source Law

Sec. 5.  …  The board of directors shall appoint a qualified person to be known as the administrator or manager of the hospital district, and may in its discretion appoint an assistant to the administrator or manager. Such administrator or manager, and assistant administrator or assistant manager, if any, shall serve at the will of the board and shall receive such compensation as may be fixed by the board.  The administrator or manager shall, upon assuming his duties, execute a bond payable to the hospital district in an amount to be set by the board of directors in no event less than $10,000, conditioned that he shall perform the duties required of him and containing such other conditions as the board may require… .

Revisor's Note

Section 5, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, requires the board to appoint a qualified person "as the administrator or manager" of the district.  Throughout this chapter, the revised law omits references to "manager" because "administrator" is synonymous with "manager" and "administrator" is the term used by the Cochran Memorial Hospital District.

Revised Law

Sec. 1012.063.  GENERAL DUTIES OF DISTRICT ADMINISTRATOR.  Subject to the 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.  (Acts 60th Leg., R.S., Ch. 494, Sec. 5 (part).)

Source Law

Sec. 5.  … The administrator or manager shall supervise all the work and activities of the district, and shall have general direction of the affairs of the district, subject to such limitations as may be prescribed by the board… .

Revised Law

Sec. 1012.064.  EMPLOYEES.  The board may employ nurses, technicians, and other lay personnel considered necessary for the efficient operation of the district or may delegate that authority to the district administrator.  (Acts 60th Leg., R.S., Ch. 494, Sec. 5 (part).)

Source Law

Sec. 5.  …  The board of directors shall have the authority to employ such nurses, technicians, and other lay personnel as may be deemed necessary for the efficient operation of the district, or may provide that the administrator or manager shall have the authority to employ such persons… .

Revised Law

Sec. 1012.065.  RETIREMENT PROGRAM.  The board may enter into a contract or agreement with this state or the federal government to establish or continue a retirement program for the benefit of the district's employees.  (Acts 60th Leg., R.S., Ch. 494, Sec. 5 (part).)

Source Law

Sec. 5.  … The board of directors is also authorized to enter into such contracts or agreements with the State of Texas or the federal government as may be required to establish or continue a retirement program for the benefit of the district's employees… .

[Sections 1012.066-1012.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 1012.101.  DISTRICT RESPONSIBILITY.  The district has full responsibility for:

     (1)  operating all hospital facilities for providing medical and hospital care of indigent patients; and

     (2)  providing medical and hospital care for the district's needy and indigent residents.  (Acts 60th Leg., R.S., Ch. 494, Secs. 2 (part), 17 (part).)

Source Law

Sec. 2.  …  Such district shall assume full responsibility for providing medical and hospital care for its needy inhabitants and … .

Sec. 17.  … the said Cochran Memorial Hospital District shall assume full responsibility for the operation of all hospital facilities for the furnishing of medical and hospital care of indigent persons.

Revisor's Note

Sections 2 and 17, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provide that the district "shall assume" full responsibility for providing medical and hospital care for the district's needy residents and for the operation of hospital facilities.  The revised law substitutes "has" for the quoted language because the duty to assume the responsibility is executed.

Revised Law

Sec. 1012.102.  RESTRICTION ON POLITICAL SUBDIVISION TAXATION AND DEBT.  Cochran County or a municipality in Cochran County may not levy taxes or issue bonds or other obligations for hospital purposes or medical care.  (Acts 60th Leg., R.S., Ch. 494, Sec. 17 (part).)

Source Law

Sec. 17.  After creation of Cochran Memorial Hospital District, neither Cochran County, Texas, nor any city or town therein shall thereafter issue bonds or other evidences of indebtedness or levy taxes for hospital purposes or for medical care, and … .

Revisor's Note

(1)  Section 17, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that "[a]fter creation of Cochran Memorial Hospital District," Cochran County or any "city or town" in Cochran County may not issue bonds or impose taxes for hospital purposes or medical care.  The revised law omits "[a]fter creation of Cochran Memorial Hospital District" as executed.  The revised law substitutes "municipality" for "city or town" to conform to the terminology of the Local Government Code.

(2)  Section 17, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that any city or town in Cochran County may not issue bonds or other "evidences of indebtedness" for hospital purposes.  Throughout this chapter, the revised law substitutes "obligations" for "evidences of indebtedness" because in context the terms are synonymous, and "obligations" is more commonly used.

Revised Law

Sec. 1012.103.  MANAGEMENT, CONTROL, AND ADMINISTRATION.  The board shall manage, control, and administer the district and the district's hospitals and hospital system.  (Acts 60th Leg., R.S., Ch. 494, Secs. 4 (part), 5 (part).)

Source Law

Sec. 4.  … [five directors] to manage and control the district… .

Sec. 5.  The board of directors shall manage, control, and administer the hospitals and hospital system of the district… .

Revised Law

Sec. 1012.104.  HOSPITAL SYSTEM.  The district shall provide for the establishment of a hospital system by:

     (1)  purchasing, constructing, acquiring, repairing, or renovating buildings and equipment;

     (2)  equipping the buildings; and

     (3)  administering the buildings and equipment for hospital purposes.  (Acts 60th Leg., R.S., Ch. 494, Sec. 2 (part).)

Source Law

Sec. 2.  … thereafter the district shall provide for the establishment of a hospital system by the purchase, construction, acquisition, repair or renovation of buildings and equipment, and equipping the same and the administration thereof for hospital purposes… .

Revised Law

Sec. 1012.105.  RULES.  The board may adopt rules for the operation of the district and as required to administer this chapter.  (Acts 60th Leg., R.S., Ch. 494, Secs. 5 (part), 9 (part).)

Source Law

Sec. 5.  … The district through its board of directors shall have the power and authority … to promulgate rules and regulations for the operation of the district… .

Sec. 9.  The board of directors of such district … shall be authorized … to make such rules and regulations as may be required to carry out the provisions of this Act.

Revisor's Note

Sections 5 and 9, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provide that the board may "promulgate rules and regulations" to govern the district and "make such rules and regulations" to carry out the act.  The revised law substitutes "adopt" for "promulgate" and "make" because the terms are synonymous and the former is more commonly used.  The revised law also omits the reference to "regulations" because under Section 311.005(5), Government Code (Code Construction Act), a rule is defined to include a regulation.  That definition applies to the revised law.

Revised Law

Sec. 1012.106.  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.  (Acts 60th Leg., R.S., Ch. 494, Sec. 9 (part).)

Source Law

Sec. 9.  The board of directors of such district shall have the power to prescribe the method and manner of making purchases and expenditures, by and for such hospital district, and also shall be authorized to prescribe all accounting and control procedures and … .

Revised Law

Sec. 1012.107.  RATES AND CHARGES.  The board shall establish the rates and charges for:

     (1)  services;

     (2)  supplies; and

     (3)  the use of district facilities.  (Acts 60th Leg., R.S., Ch. 494, Sec. 14 (part).)

Source Law

Sec. 14.  The board shall establish rates and charges for services, supplies, and the use of its facilities… .

Revised Law

Sec. 1012.108.  HOSPITAL LEASE.  The board may lease a district hospital to a qualified doctor or group of doctors.  (Acts 60th Leg., R.S., Ch. 494, Sec. 5 (part).)

Source Law

Sec. 5.  … The directors may lease any hospital in the hospital district to a qualified doctor or group of doctors.

Revised Law

Sec. 1012.109.  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 for the district to exercise a power, right, or  privilege conferred by this chapter.

(b)  The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code.  (Acts 60th Leg., R.S., Ch. 494, Sec. 12.)

Source Law

Sec. 12.  Cochran Memorial Hospital District created hereunder shall have the right and power of eminent domain for the purpose of acquiring by condemnation any and all property of any kind and character in fee simple, or any lesser interest therein, within the boundaries of the district necessary or convenient to the powers, rights and privileges conferred by this Act, in the manner provided by general law with respect to condemnation by counties.

Revisor's Note

(1)  Section 12, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that the district has the "right and power of eminent domain for the purpose of acquiring [property] by condemnation."  The revised law substitutes for the quoted language "may exercise the power of eminent domain to acquire [property]" because the phrases have the same meaning, and the latter phrase is consistent with modern usage in laws relating to eminent domain.

(2)  Section 12, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that the district must exercise the power of eminent domain in the manner provided by "general law with respect to condemnation by counties."  The revised law substitutes for the quoted phrase a reference to Chapter 21, Property Code, because that is the general law governing eminent domain for governmental entities, including counties.

Revised Law

Sec. 1012.110.  GIFTS AND ENDOWMENTS.  The board may accept on behalf of the district a gift or endowment to be held in trust and administered by the board for a purpose and under a written direction, limitation, or provision prescribed by the donor that is not inconsistent with the proper management and objectives of the district.  (Acts 60th Leg., R.S., Ch. 494, Sec. 15.)

Source Law

Sec. 15.  The board of directors of the hospital district is authorized on behalf of such district to accept donations, gifts, and endowments to be held in trust and administered by the board of directors for such purposes and under such directions, limitations, and provisions as may be prescribed in writing by the donor not inconsistent with proper management and objects of the hospital district.

Revisor's Note

Section 15, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, refers to "donations" and "gifts."  The revised law omits the reference to "donations" as unnecessary because "donations" is included within the meaning of "gifts."

Revised Law

Sec. 1012.111.  CONTRACTS FOR SERVICES TO CERTAIN PERSONS.  (a)  The board may contract with a county or a municipality located outside Cochran County for the care and treatment of a sick or injured person of that county or municipality.

(b)  The board may contract with this state or a federal agency for the treatment of a sick or injured person for whom the state or the federal government is responsible.  (Acts 60th Leg., R.S., Ch. 494, Sec. 5 (part).)

Source Law

Sec. 5.  …  Such board shall be authorized to contract with any county or incorporated municipality located outside Cochran County for the care and treatment of the sick, diseased, or injured persons of any such county or municipality, and shall have the authority to contract with the State of Texas and agencies of the federal government, for treatment of sick, diseased, or injured persons for whom the State of Texas or the federal government are responsible… .

Revisor's Note

(1)  Section 5, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, refers to an "incorporated municipality."  The revised law omits the reference to "incorporated" as unnecessary because under the Local Government Code all municipalities must be incorporated.

(2)  Section 5, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, refers to the treatment of "sick, diseased, or injured" persons.  The revised law omits the references to "diseased" as unnecessary because "diseased" is included within the meaning of "sick."

Revised Law

Sec. 1012.112.  PAYMENT FOR TREATMENT; PROCEDURES.  (a)  When an indigent patient has been 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 who are legally liable for the patient's support.

(b)  If the district administrator determines that the patient or those relatives cannot pay all or part of the costs of the patient's care and treatment in the hospital, the amount of the costs that cannot be paid becomes a charge against the district.

(c)  If the district administrator determines that the patient or those relatives can pay all or part of the costs of the patient's care and treatment, the patient or those relatives shall be ordered to pay the district a specified amount each week for the patient's support.  The amount ordered must be proportionate to financial ability and may not exceed the actual per capita cost of maintenance.

(d)  The district administrator may collect the amount from the patient's estate, or from a relative who is 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 administrator, the board shall hold a hearing and, after calling witnesses, shall:

     (1)  resolve the dispute or doubt; and

     (2)  issue an appropriate order.

(f)  A party to the dispute who is not satisfied with the order may appeal to the district court.  The appeal shall be by trial de novo as that term is used in an appeal from a justice court to the county court.  (Acts 60th Leg., R.S., Ch. 494, Sec. 14 (part).)

Source Law

Sec. 14.  …  Whenever an indigent patient has been admitted to the facilities thereof, the administrator or manager shall cause inquiry to be made as to his circumstances and those of the relatives of such patient legally liable for his support.  If he finds that such patient or said relatives are able to pay for his care and treatment, in whole or in part, an order shall be made directing such patient or said relatives to pay to the hospital district for the support of such patient a specified sum per week in proportion to their financial ability, but such sum shall not exceed the actual per capita cost of maintenance.  The administrator or manager shall have power and authority to collect such sums from the estate of the patient or his relatives legally liable for his support in the manner provided by law for the collection of expenses in the last illness of a deceased person.  If the administrator or manager finds that such patient or said relatives are not able to pay, either in whole or in part, for his care and treatment in such hospital, same shall become a charge upon the hospital district as to the amount of the inability to pay.  Should there be any dispute as to the ability to pay or doubt in the mind of the administrator or manager, the board of directors shall hear and determine same after calling witnesses, and shall make such order or orders as may be proper.  A party to the dispute who is not satisfied with the order may appeal to the district court on a trial de novo as that term is used in appeals from the justice court to the county court.

Revised Law

Sec. 1012.113.  AUTHORITY TO SUE AND BE SUED.  The district, through the board, may sue and be sued.  (Acts 60th Leg., R.S., Ch. 494, Sec. 5 (part).)

Source Law

Sec. 5.  …  The district through its board of directors shall have the power and authority to sue and be sued and … .

[Sections 1012.114-1012.150 reserved for expansion]

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Revised Law

Sec. 1012.151.  BUDGET; NOTICE OF HEARING.  (a)  The district administrator shall prepare an annual budget for approval by the board.  The budget must be for the fiscal year prescribed by Section 1012.152.

(b)  Not later than August 31 of each year, the board shall give notice of a public hearing on the proposed budget.  The notice must be published in a newspaper of general circulation in Cochran County at least 10 days before the date of the hearing.  (Acts 60th Leg., R.S., Ch. 494, Secs. 6 (part), 16.)

Source Law

Sec. 6.  …  In addition the administrator or manager shall prepare an annual budget for approval by the board of directors of said district… .

Sec. 16.  The board of directors of said hospital district shall cause to be prepared an annual budget based upon the fiscal year of the hospital district in accordance with the provisions of Section 6 hereof and prior to September 1 of each year shall give notice of the public hearing on the proposed budget.  Such notice shall be published in a newspaper of general circulation in the county at least 10 days prior to the date set for the hearing.

Revised Law

Sec. 1012.152.  FISCAL YEAR.  The district operates on a fiscal year that begins on October 1 and ends on September 30.  (Acts 60th Leg., R.S., Ch. 494, Sec. 6 (part).)

Source Law

Sec. 6.  The district shall be operated on a fiscal year commencing on October 1 of each year and ending on September 30 of the succeeding year and … .

Revised Law

Sec. 1012.153.  ANNUAL AUDIT.  (a)  The district annually 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.  (Acts 60th Leg., Ch. 494, R.S., Sec. 6 (part).)

Source Law

Sec. 6.  … it shall cause an audit to be made of the financial condition of said district which shall at all times be open to inspection at the principal office of the district… .

Revised Law

Sec. 1012.154.  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 disbursement of that money.  (Acts 60th Leg., R.S., Ch. 494, Sec. 6 (part).)

Source Law

Sec. 6.  …  As soon as practicable after the close of each fiscal year, the administrator or manager shall prepare for the board a full sworn statement of all moneys belonging to the district and a full account of the disbursements of same.

Revised Law

Sec. 1012.155.  DEPOSITORY.  (a)  The board shall select one or more banks in Cochran 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 the appropriate bank to pay the principal of and interest on the district's outstanding bonds or other obligations on or before the maturity date of the principal and interest.

(c)  To the extent that money in a depository bank is not insured by the Federal Deposit Insurance Corporation, the money must be secured in the manner provided by law for the security of county funds.

(d)  Membership on the district's board of an officer or director of a bank does not disqualify the bank from being selected as a depository.  (Acts 60th Leg., R.S., Ch. 494, Sec. 10.)

Source Law

Sec. 10.  The board of directors of the district shall name one or more banks within Cochran County to serve as depository for the funds of the district.  All such funds shall, as derived and collected, be immediately deposited with such depository bank or banks, except that sufficient funds shall be remitted to the bank or banks for the payment of principal of and interest on the outstanding bonds of the district or other obligations assumed by it and in time that such money may be received by said bank or banks of payment on or prior to the date of maturity of such principal and interest so to be paid.  To the extent that funds in the depository bank or banks are not insured by the Federal Deposit Insurance Corporation, they shall be secured in the manner provided by law for security of county funds. Membership on the board of directors of an officer or director of a bank shall not disqualify such bank from being designated as depository.

Revisor's Note

Section 10, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, refers to money "derived and collected."  The revised law substitutes "received" for the quoted language because the terms are synonymous, and the former is more commonly used.

[Sections 1012.156-1012.200 reserved for expansion]

SUBCHAPTER E.  BONDS

Revised Law

Sec. 1012.201.  GENERAL OBLIGATION BONDS.  The board may issue and sell general obligation bonds in the name and on the faith and credit of the district to purchase, construct, acquire, repair, or renovate buildings and improvements and to equip the buildings and improvements for a hospital and the hospital system.  (Acts 60th Leg., R.S., Ch. 494, Sec. 7 (part).)

Source Law

Sec. 7.  The board of directors of the hospital district shall have the power and authority to issue and sell its bonds in the name and upon the faith and credit of such hospital district, for the purchase, construction, acquisition, repair or renovation of buildings and improvements, and equipping the same for hospitals and the hospital system, as determined by the board, and for any or all of such purposes… .

Revised Law

Sec. 1012.202.  TAX TO PAY GENERAL OBLIGATION BONDS.  (a)  At the time general obligation bonds are issued by the district under Section 1012.201, the board shall impose an ad valorem tax in an amount sufficient to:

     (1)  create an interest and sinking fund; and

     (2)  pay the principal of and interest on the bonds as the bonds 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 all taxable property in the district.  (Acts 60th Leg., R.S., Ch. 494, Sec. 7 (part).)

Source Law

Sec. 7.  …  At the time of the issuance of any such bonds a tax shall be levied by the board sufficient to create an interest and sinking fund and to pay the interest on and principal of said bonds as same mature, providing such tax together with any other taxes levied for said district shall not exceed 75 cents on each $100 valuation of taxable property in any one year.  …

Revisor's Note

Section 7, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, requires the district to levy a tax sufficient to pay the principal of and interest on bonds.  Other provisions revised in this chapter refer to the authority to assess and collect taxes.  Throughout this chapter, the revised law substitutes "impose" for "levy," "assess,"  and "collect" because "impose" is the term generally used in Title 1, Tax Code, and includes the levy, assessment, and collection of taxes.  In addition, the revised law specifies that the tax is an "ad valorem" tax because it is clear from the source law that the tax is a property tax, and "ad valorem" is the term most commonly used in relation to a property tax.

Revised Law

Sec. 1012.203.  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 in an election held for that purpose.

(b)  The board shall call the election.  The election must be held in accordance with Chapter 1251, Government Code.

(c)  The bond election order must specify:

     (1)  the date of the election;

     (2)  the amount of bonds to be authorized;

     (3)  the maximum maturity of the bonds;

     (4)  the maximum interest rate of the bonds;

     (5)  the location of the polling places; and

     (6)  the presiding election officers.  (Acts 60th Leg., R.S., Ch. 494, Sec. 7 (part).)

Source Law

Sec. 7.  … No bonds shall be issued by such hospital district …  until authorized by a majority of the qualified electors of the district, who own taxable property therein and who have duly rendered the same for taxation, voting at an election called for such purpose. Such election shall be called by the board of directors and held in accordance with the provisions of Chapter 1, Title 22, Revised Civil Statutes of Texas, 1925, as amended, and except as therein otherwise provided, shall be conducted in accordance with the general laws of Texas pertaining to elections.  …  The bond election order shall specify the date of election, the amount of bonds to be authorized, the maximum maturity thereof, the maximum rate of interest they are to bear, the place or places where the election shall be held, and the presiding officers thereof.

…

Revisor's Note

(1)  Section 7, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, refers to a majority vote of the "qualified electors of the district."  The revised law omits the quoted language as unnecessary in this context because Chapter 11, Election Code, governs eligibility to vote in an election in this state and allows only "qualified" voters who are residents of the territory covered by the election to vote in an election.  The revised law substitutes "voter" for "elector" because the former is the term used in the Election Code.

(2)  Section 7, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, refers to voters who "own taxable property therein and who have duly rendered the same for taxation."  The revised law omits the quoted language because in Hill v. Stone, 421 U.S. 289, 95 S. Ct. 1637 (1975), the United States Supreme Court determined that property ownership as a qualification for voting is an unconstitutional denial of equal protection.

(3)  Section 7, Acts of the 60th Legislature, Regular Session, 1967, refers to an election held as provided by "Chapter 1, Title 22, Revised Civil Statutes of Texas, 1925, as amended."  The election provisions of Chapter 1, Title 22, Revised Statutes, are revised as Chapter 1251, Government Code, and the revised law is drafted accordingly.  The revised law omits the references to "as amended" throughout this chapter because under Section 311.027, Government Code (Code Construction Act), applicable to the revised law, a reference to a statute applies to all reenactments, revisions, or amendments of that statute unless expressly provided otherwise.

(4)  Section 7, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that "except as therein otherwise provided, [an election under Section 7] shall be conducted in accordance with the general laws of Texas pertaining to elections."  The revised law omits the quoted phrase as unnecessary because Section 1.002, Election Code, provides that the Election Code applies to all elections held in this state.  An exception to the application of the Election Code in Chapter 1251, Government Code (the revision of the election provisions of Chapter 1, Title 22, Revised Statutes), would apply by its own terms.

(5)  Section 7, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, requires the district to make provisions for defraying the costs of elections.  The revised law omits that provision as unnecessary because Section 1.014, Election Code, applicable to the district under Section 1.002 of that code, requires the district to pay the costs of an election.  The omitted law reads:

Sec. 7.  …  The district shall make provisions for defraying the costs of all elections called and held under the provisions of this Act.  …

Revised Law

Sec. 1012.204.  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 attest the bonds as provided by Chapter 618, Government Code.  (Acts 60th Leg., R.S., Ch. 494, Sec. 7 (part).)

Source Law

Sec. 7.  …  Such bonds shall be executed in the name of the hospital district and in its behalf by the president of the board and attested by the secretary as provided by Chapter 204, Acts of the 57th Legislature, Regular Session, 1961 (Article 717j-1, Vernon's Texas Civil Statutes), and … .

Revisor's Note

Section 7, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that the secretary shall attest the bonds as provided by "Chapter 204, Acts of the 57th Legislature, Regular Session, 1961 (Article 717j-1, Vernon's Texas Civil Statutes)."  Chapter 204 was codified in 1999 as Chapter 618, Government Code.  The revised law is drafted accordingly.

Revised Law

Sec. 1012.205.  REFUNDING BONDS.  (a)  The board may, without an election, issue refunding bonds to refund outstanding general obligation 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 bonds to be refunded; or

     (2)  exchanged in whole or in part for not less than a like principal amount of the bonds to be refunded.

(c)  If a refunding bond is sold, the bond must be issued and the payments must be made in the manner provided by Subchapters B and C, Chapter 1207, Government Code.  (Acts 60th Leg., R.S., Ch. 494, Sec. 7 (part).)

Source Law

Sec. 7.  …  [No bonds shall be issued by such hospital district] except refunding bonds, [until authorized by a majority of the qualified electors of the district] … .

The bonds of the district may be issued for the purpose of refunding and paying off any bonds issued or assumed by such district.  Such refunding bonds may be sold and the proceeds thereof applied to the payment of outstanding bonds, or may be exchanged in whole or in part for not less than a like principal amount of such outstanding bonds, … provided further that, if such refunding bonds are to be sold and the proceeds thereof applied to the payment of any such outstanding bonds or other refundable indebtedness, same shall be issued and payments made in the manner specified by Chapter 503, Acts of the 54th Legislature, 1955, as amended (Article 707k, Vernon's Texas Civil Statutes).

Revisor's Note

(1)  Section 7, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that refunding bonds must bear interest at the same or a lower rate than the bonds refunded unless a savings is shown.  The revised law omits that provision as impliedly repealed by Section 2(a), Chapter 3, Acts of the 61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes), which was revised in 1999 as Section 1204.006(a), Government Code.  Section 1204.006(a) permits a public agency to issue bonds at a net effective interest rate not to exceed 15 percent.  Section 1204.006(a) applies to bonds issued under this chapter by application of Section 1204.001, Government Code.  The omitted law reads:

Sec. 7.  … provided that, if refunding bonds are to be exchanged for a like amount of said outstanding bonds, such refunding bonds shall bear interest at the same or lower rate than borne by the bonds refunded, unless it is shown mathematically that a saving will result in the total amount of interest to be paid on said refunding bonds; and … .

(2)  Section 7, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that refunding bonds shall be issued and payments made in the manner specified by "Chapter 503, Acts of the 54th Legislature, 1955, as amended (Article 707k, Vernon's Texas Civil Statutes)."  The source law incorrectly cites Article 707k; Chapter 503 was designated as Article 717k, not Article 707k.  The applicable provisions of Article 717k were revised in 1999 as Subchapters B and C, Chapter 1207, Government Code, and the revised law is drafted accordingly.

Revised Law

Sec. 1012.206.  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 of the bonds; and

     (3)  the bond revenues and profits made in the sale of the bonds.  (Acts 60th Leg., R.S., Ch. 494, Sec. 8 (part).)

Source Law

Sec. 8.  … any bonds issued by it and their transfer and the revenues therefrom, including any profits made in the sale thereof, shall at all times be free from taxation by the State or any municipality or political subdivision thereof.

Revisor's Note

Section 8, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, refers to this state or "any municipality or political subdivision thereof."  The revised law omits the reference to "municipality" because that term is included within the meaning of "political subdivision thereof."

Revisor's Note

(End of Subchapter)

(1)  Section 7, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that bonds are subject to the law governing counties that relates to bond approval by the attorney general and registration of the bonds by the comptroller. Section 7 also provides that after approval and registration the bonds are incontestable.  The revised law omits those provisions as superseded by Chapter 1202, Government Code (enacted as Chapter 53, Acts of the 70th Legislature, 2nd Called Session, 1987).  Section 1202.003(a), Government Code, requires bonds to be submitted to the attorney general.  Section 1202.003(b), Government Code, provides for approval of the bonds by the attorney general and requires the attorney general to submit the approved bonds to the comptroller for registration.  Section 1202.005, Government Code, requires registration of the bonds by the comptroller.  Section 1202.006, Government Code, provides that after approval and registration the bonds are incontestable and binding obligations.  Chapter 1202, Government Code, applies to bonds issued under this chapter by application of Section 1202.001, Government Code.  The omitted law reads:

Sec. 7.  …  [Such bonds] … shall be subject to the same requirements in the matter of the approval by the Attorney General of Texas and registration by the Comptroller of Public Accounts of the State of Texas as are by law provided for approval and registration of bonds issued by counties. After approval of any such bonds by the attorney general and registration by the comptroller, said bonds shall be incontestable.  …

(2)  Section 11, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that bonds are authorized investments for certain entities.  The revised law omits that provision as unnecessary.  As to several of the entities listed, Section 11 has been superseded and impliedly repealed.  Investments in securities by banks are regulated by Section 34.101, Finance Code (enacted in 1995 as Section 5.101, Texas Banking Act (Article 342-5.101, Vernon's Texas Civil Statutes)).  Investments in securities by savings banks are regulated by Section 93.001(c)(10), Finance Code (enacted in 1993 as Section 7.15(10), Texas Savings Bank Act (Article 489e, Vernon's Texas Civil Statutes)).  Investments in securities by trust companies are regulated by Section 184.101, Finance Code (enacted in 1997 as Section 5.101, Texas Trust Company Act (Article 342a-5.101, Vernon's Texas Civil Statutes)).  Investments in securities by savings and loan associations are regulated by Section 63.002, Finance Code (last amended in 1985 as Section 5.05, Texas Savings and Loan Act (Article 852a, Vernon's Texas Civil Statutes)), and by Section 64.001, Finance Code (amended in 1989 as Section 5.01, Texas Savings and Loan Act (Article 852a, Vernon's Texas Civil Statutes)).  As to the remaining entities listed, Section 11 is superseded by Section 1201.041, Government Code, enacted as Section 9, Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil Statutes).  The omitted law reads:

Sec. 11.  All bonds of the district shall be and are hereby declared to be legal and authorized investments of banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, fiduciaries, trustees, and sinking funds of cities, towns, villages, counties, school districts, or other political subdivisions of the State of Texas, and for all public funds of the State of Texas or its agencies, including the State Permanent School Fund.  …

(3)  Section 11, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that bonds issued under that chapter may secure deposits of public funds of this state.  The revised law omits that provision as impliedly repealed by Section 404.0221, Government Code (enacted in 1995), which lists eligible collateral for deposits of state funds by the comptroller, and by Chapter 2257, Government Code (enacted in 1989 as Article 2529d, Vernon's Texas Civil Statutes), which governs eligible collateral for deposits of funds of other public agencies.  The omitted law reads:

Sec. 11.  …  Such bonds shall be eligible to secure deposits of public funds of the State of Texas; and such bonds shall be lawful and sufficient security for said deposits to the extent of their value when accompanied by all unmatured coupons appurtenant thereto.

[Sections 1012.207-1012.250 reserved for expansion]

SUBCHAPTER F.  TAXES

Revised Law

Sec. 1012.251.  IMPOSITION OF AD VALOREM TAX.  The board shall impose a tax on all property in the district subject to district taxation in the manner  provided by law for county taxes.  (Acts 60th Leg., R.S., Ch. 494, Sec. 13 (part).)

Source Law

Sec. 13.  District taxes shall be assessed and collected in the same manner as provided by law with relation to county taxes, upon all taxable property within such district subject to hospital district taxation. …

Revised Law

Sec. 1012.252.  TAX ASSESSOR-COLLECTOR.  (a)  The tax assessor-collector of Cochran County shall collect taxes imposed by the district and promptly transfer the money collected to a district depository.

(b)  The assessor-collector shall receive the compensation provided for by contract with the district, except the compensation may not exceed the amount allowed for assessment and collection of county taxes.  (Acts 60th Leg., R.S., Ch. 494, Sec. 13 (part).)

Source Law

Sec. 13.  …  The tax assessor-collector of Cochran County shall be charged and required to accomplish the assessment and collection of all taxes levied by and on behalf of the district and to promptly pay over the same to the district depository.  For his services the county tax assessor-collector shall be allowed such compensation as may be provided for by contract with the district, but not to exceed the amount allowed for assessment and collection of county taxes. …

Revisor's Note

(1)  Section 13, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that the bond of the county assessor-collector is security for the performance of district duties unless the board determines that an additional bond is necessary.  The revised law omits that provision as unnecessary.  Section 6.28, Tax Code, requires the county assessor-collector to post a bond.  Section 6.29(b), Tax Code, authorizes a taxing unit for which the county assessor-collector collects a tax to require that assessor-collector to post an additional bond.  The omitted law reads:

Sec. 13.  …  The bond of the county tax assessor-collector shall stand as security for the proper performance of his duties as assessor-collector of the district or, if in the judgment of the board of directors of the district it is necessary, an additional bond payable to the district may be required.  …

(2)  Section 13, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that the county assessor-collector may act in accordance with state law relating to the assessment, collection, and enforcement of state and county taxes.  The revised law omits that provision as unnecessary.  The state law relating to the assessment, collection, and enforcement of all ad valorem taxes is Title 1, Tax Code.  Section 1.02, Tax Code, requires all taxing units of government to administer the assessment, collection, and enforcement of taxes in conformity with that title.  The omitted law reads:

Sec. 13.  …  In all matters pertaining to the assessment, collection, and enforcement of taxes for the district, the county tax assessor-collector shall be authorized to act in all respects according to the laws of the State of Texas relating to state and county taxes.

Revisor's Note

(End of Chapter)

(1)  Section 2, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides for the transfer of land, buildings, improvements, and equipment to the hospital district and for the assumption of debt by the district.  The revised law omits those provisions as executed.  The omitted law reads:

Sec. 2.  The district herein authorized to be created shall take over and there shall be transferred to it title to all lands, buildings, improvements, and equipment in anywise pertaining to the hospitals or hospital systems owned by Cochran County and any city or town within such county, and … . [Such district] … shall assume the outstanding indebtedness which shall have been incurred by any city or town or by Cochran County for hospital purposes prior to the creation of said district.

(2)  Section 20, Chapter 494, Acts of the 60th Legislature, Regular Session, 1967, provides that public notice of enactment of the statute was provided in a manner that satisfies the requirements of the Texas Constitution.  The revised law omits that provision as executed.  The omitted law reads:

Sec. 20.  Proof of publication of the notice required in the enactment hereof under the provisions of Article IX, Section 9, of the Constitution of the State of Texas has been made in the manner and form provided by law pertaining to the enactment of local and special laws and such notice is hereby found and declared proper and sufficient to satisfy such requirement.