80C107(3) DRH

 

CHAPTER 1047.  JASPER HOSPITAL DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

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.  (Acts 58th Leg., R.S., Ch. 56, Sec. 1 (part); New.)

Source Law

Sec. 1.  … The hospital district shall be known as the Jasper Hospital District, and shall hereinafter be referred to as "District." …

Revisor's Note

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

Revised Law

Sec. 1047.002.  AUTHORITY FOR CREATION; JUDICIAL NOTICE.  (a)  The Jasper Hospital 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.  (Acts 58th Leg., R.S., Ch. 56, Secs. 1 (part), 14(a) (part).)

Source Law

Sec. 1.  Pursuant to the provisions of this Act and Section 9 of Article IX, Constitution of the State of Texas, there may be created a hospital district … .  The hospital district shall be known as the Jasper Hospital District, and … .

Sec. 14.  (a)  … all courts of the State shall take judicial notice of the establishment of the District and … .

Revised Law

Sec. 1047.003.  NATURE OF DISTRICT.  The district is a governmental agency.  (Acts 58th Leg., R.S., Ch. 56, Sec. 14(a) (part).)

Source Law

Sec. 14.  (a)  The District when created shall be a governmental agency, body politic and corporate and … .

Revisor's Note

Section 14(a), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, states that the district is a "governmental agency, body politic and corporate."  The revised law omits "body politic and corporate" because the meaning of that term is included in the meaning of "governmental agency."

Revised Law

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.  (Acts 58th Leg., R.S., Ch. 56, Sec. 1 (part).)

Source Law

Sec. 1.  … the boundaries of which district shall be coterminous with the boundaries describing commissioners precinct number one and commissioners precinct number two of Jasper County… .

Revisor's Note

Section 1, Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides that the district's boundaries are "coterminous with the boundaries describing commissioners precinct number one and commissioners precinct number two of Jasper County."  Under Section 18(b), Article V, Texas Constitution, the commissioners court may set the commissioners precinct boundaries.  Following the release of each federal decennial census, the commissioners court will likely change the commissioners precinct boundaries to comply with the "one-person, one-vote" mandate of the Equal Protection Clause of the Fourteenth Amendment of the federal constitution.  See Avery v. Midland County, 390 U.S. 474, 484-485 (1968).

It is unlikely that the legislature intended for the district boundaries to change when the commissioners precinct boundaries change.  A rule of statutory construction that applies here is that the delineation of a political subdivision's boundary by reference to that of another political subdivision refers to the boundary as it existed at the time of the delineation.  See Op. Tex. Att'y Gen. No. DM-186 (1992) (Hamilton County Hospital District boundaries do not change after commissioners precinct boundaries changed).  Changing the district boundaries based on changes in the commissioners precinct boundaries would cause some territory to be included in the district and subject to an ad valorem tax for which an election was not held under Section 9, Article IX, Texas Constitution, and cause some territory subject to the tax to be removed from the district, possibly resulting in an unconstitutional impairment of the contract under which district bonds issued were supported by an ad valorem tax imposed on district property.

Had the legislature intended this result, it could have provided in the statute a method by which the changes in district boundaries could have been made to avoid these constitutional issues.  See Op. Tex. Att'y Gen. No. DM-186 (1992).  In addition, this conclusion conforms to the actual practice of the district, which has the same boundaries as provided by the 1963 enactment.  Accordingly, the revised law defines the district boundaries as of the effective date of the act that made the boundaries coextensive with the commissioners precincts.

Revisor's Note

(End of Subchapter)

Section 2, Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides procedures for holding an election on the creation of the district and the imposition of an ad valorem tax.  Because the creation of the district and the imposition of the tax were approved at the election, the revised law omits the relevant law as executed.  The omitted law reads:

Sec. 2.  (a)  Upon the petitions of twenty-five (25) resident qualified taxpaying voters of commissioners precinct number one and commissioners precinct number two, a total of fifty (50) qualified taxpaying voters of the proposed District, the Commissioners Court of Jasper County shall order an election to be held within the proposed District to approve the creation of the District and to elect the first board of directors thereof.  The Commissioners Court shall order such election within ten (10) days of the receipt of petitions and the election shall be held within said precincts within thirty (30) days after it is ordered.

(b)  Upon and after ordering of the election aforesaid, any resident of the District twenty-one (21) years of age or over and who owns land in the District subject to taxation, and is otherwise qualified, may file application with the Commissioners Court of Jasper County, Texas, to have his or her name placed on the ballot for election to the board of directors of said District.  Such applications shall be received by said court up to ten (10) days preceding the date of the election.

(c)  At the election there shall be submitted to the resident qualified property taxpaying voters within the boundaries of the precincts who have duly rendered their property for taxation upon the tax rolls of said precincts, the proposition of whether or not the District shall be created within said boundaries; and a majority of the resident qualified property taxpaying voters voting at said election who have duly rendered their property for taxation upon the rolls of said precincts voting in favor of the proposition shall be necessary to create the District.

The ballots shall have printed thereon:

FOR the creation of a Hospital District and the levy of a tax not to exceed seventy-five cents (75’) on the One Hundred Dollar valuation.

AGAINST the creation of a Hospital District and the levy of a tax not to exceed seventy-five cents (75’) on the One Hundred Dollar valuation.

There shall also be submitted to the resident qualified voters at such election a separate ballot containing the names of all of the qualified persons who shall file applications to have their names placed on the ballot for election to the board of directors.  …  The nine (9) persons receiving the highest number of votes shall constitute the first board of directors of said District.  The five (5) receiving the highest number of votes shall serve for terms of two (2) years, and the four (4) receiving the next highest number of votes shall serve for terms of one (1) year.

Notice of such election stating the time of election, and the polling place and proposition and matters to be voted on shall be published in a newspaper of general circulation in Jasper County, Texas, once a week for two (2) consecutive weeks, the first notice not being more than twenty (20) days prior to the date of election.

(d)  The results of said election shall be filed in the county clerk's office of Jasper County, Texas, within ten (10) days thereafter.  And if the majority of the resident property taxpaying voters voting at said election who have duly rendered their property for taxation upon the tax rolls of said District vote for the creation of the District, then within ten (10) days of the filing of said results the Commissioners Court shall order the District created and shall at such time declare those persons elected as directors to be the board of directors of the District and such board of directors shall manage and operate the business of the District and shall serve as directors until their respective successors are elected and qualified.

[Sections 1047.005-1047.050 reserved for expansion]

SUBCHAPTER B.  DISTRICT ADMINISTRATION

Revised Law

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-numbered years; and

(2)  five directors elected in odd-numbered years.  (Acts 58th Leg., R.S., Ch. 56, Secs. 2(c) (part), 13(b).)

Source Law

[Sec. 2]

(c)  … Each voter shall vote for nine (9) persons. …

[Sec. 13]

(b)  There shall be held a general election in the District on the first Saturday in April, 1964, at which four (4) directors shall be elected for terms of two (2) years, and a general election shall be held on the first Saturday in April, 1965, at which election five (5) directors shall be elected for terms of two (2) years, and thereafter four (4) directors shall be elected in each even-numbered year and five (5) directors in each odd-numbered year.

Revisor's Note

(1)  Section  13(b), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, prescribes the terms of the initial board of directors and, in doing so, establishes staggered two-year terms for the directors.  The revised law omits the specific provision relating to the terms of the initial directors as executed but codifies the establishment of a board consisting of nine directors serving staggered two-year terms.

(2)  Section 13(b), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides that directors serve staggered two-year terms.  Section 285.081, Health and Safety Code, applicable to this hospital district, 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.

Revised Law

Sec. 1047.052.  QUALIFICATIONS FOR OFFICE.  A person may not be elected or appointed as a director unless the person:

(1)  is a resident of the district;

(2)  owns land in the district subject to taxation; and

(3)  is at least 18 years of age at the time of the election.  (Acts 58th Leg., R.S., Ch. 56, Sec. 13(a).)

Source Law

Sec. 13.  (a)  No person shall be appointed or elected as a member of the board of directors of the District unless he is a resident thereof and owns land subject to taxation therein and unless at the time of such election he shall be more than twenty-one (21) years of age.

Revisor's Note

Section 13(a), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides that a person must be "more than twenty-one (21) years of age" at the time of the election to qualify for election or appointment as a director.  The revised law substitutes "at least 18 years of age" for the quoted language 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 13(a) was enacted in 1963 and has not been amended.

Revised Law

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)  payable to the district; and

(2)  conditioned on the faithful performance of the director's duties.

(c)  Each director's oath shall be filed with the district secretary.  (Acts 58th Leg., R.S., Ch. 56, Secs. 13(k) (part), (l).)

Source Law

(k)  Before entering upon his duties each member of the board of directors shall take and subscribe an oath faithfully to discharge the duties of his office without favor or partiality… .  All members of the board of directors subsequently elected shall, prior to entering upon their duties, file said oath with the secretary of the District.

(l)  Each member of the board of directors shall give a good and sufficient bond for One Thousand Dollars ($1,000) payable to the District conditioned upon the faithful performance of his duties.

Revisor's Note

Section 13(k), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, requires the original directors to file their oaths with the Jasper County clerk.  The revised law omits that provision as executed.  The omitted law reads:

(k)  … The oath of the members of the board of directors originally elected shall be filed with the county clerk of Jasper County, Texas… .

Revised Law

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 election to fill the vacancies.  If the directors do not call the election within 15 days after the vacancies occur, the county judge of Jasper County, on petition of a county voter or creditor, shall:

(1)  order a special election;

(2)  set the election date;

(3)  order a county sheriff to publish notice of the election; and

(4)  name the officers to hold the election.

(c)  For an election ordered by the county judge:

(1)  the election returns shall be made to and filed with the county clerk's office; and

(2)  the county clerk shall declare the results.

(d)  Officers elected under this section shall furnish bond and qualify in the same manner as a director elected in a general election under this chapter.  (Acts 58th Leg., R.S., Ch. 56, Sec. 13(c) (part).)

Source Law

(c)  All vacancies in the office of director and … shall be filled by appointment by the board of directors for the unexpired term.  In the event the number of directors shall be reduced to less than six (6) then the remaining director or directors shall call a special election to fill said vacancies, and if they shall fail to do so within fifteen (15) days after such vacancies occur the County Judge of Jasper County, Texas, upon petition of any voter or creditor thereof shall order the holding of such election, fixing the date thereof, and order the publication of notice thereof by any county sheriff and name the officers to hold such election.  In any such election held by order of the county judge the returns of an election shall be made to and filed in the office of the clerk of the court and he shall declare the result thereof.  The officers elected shall furnish bond and qualify in the manner provided herein with reference to directors first appointed for said District upon its organization.

Revisor's Note

(1)  Section 13(c), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides that directors elected in a special election following a certain number of vacancies must meet the same qualifications as the first appointed directors of the district when it was organized.  The revised law omits the reference to the first appointed directors as executed but codifies the requirement that the directors qualify in the same manner as directors elected in a general election because the qualifications are the same as those for the initially appointed directors.

(2)  Section 13(c), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, refers to the "clerk of the court."  Section 20, Article V, Texas Constitution, provides that the "county clerk" is the clerk of the county and commissioners courts.  Accordingly, the revised law substitutes "county clerk" for "clerk of the court" since the phrases have the same meaning and the former is more commonly used.

Revised Law

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.  (Acts 58th Leg., R.S., Ch. 56, Secs. 3 (part), 13(c) (part), (d) (part).)

Source Law

Sec. 3.  The board of directors of the District shall elect a president and secretary from the members to serve until the next succeeding directors' election; … .

[Sec. 13]

(c)  All vacancies in … other offices shall be filled by appointment by the board of directors for the unexpired term. …

(d)  The board of directors shall organize following each election of directors by electing one of their number as president and one of their number as secretary. …

Revised Law

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.  (Acts 58th Leg., R.S., Ch. 56, Sec. 13(m).)

Source Law

(m)  Members of the board of directors may be removed from office in the same manner and for the same causes as the laws of the State of Texas provide for the removal of county officials.

Revisor's Note

Section 13(m), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, refers to the removal of county "officials."  The revised law substitutes "officers" for "officials" to conform to the terminology of Chapter 87, Local Government Code, which is the state law governing the removal of county officers.

Revised Law

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.  (Acts 58th Leg., R.S., Ch. 56, Sec. 13(n).)

Source Law

(n)  The members of the board of directors shall serve without compensation but shall be reimbursed for actual expenses incurred in the performance of their duties hereunder.

Revised Law

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 the board; and

(2)  may present any matter to the board in an orderly manner.  (Acts 58th Leg., R.S., Ch. 56, Sec. 13(e).)

Source Law

(e)  The board of directors shall meet at least monthly and shall hold such special meetings as they deem necessary and any taxpayer or resident or interested party may attend such meetings, but shall not participate in same without consent of the board of directors and may present in an orderly manner to said board of directors such matters as they desire.

Revised Law

Sec. 1047.059.  VOTING REQUIREMENT.  A concurrence of five  directors is sufficient in any matter relating to district business.  (Acts 58th Leg., R.S., Ch. 56, Sec. 13(d) (part).)

Source Law

(d)  … [board of directors] … a concurrence of five (5) shall be sufficient in all matters pertaining to the business of the District.

Revisor's Note

Section 13(d), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides that five directors are a quorum.  The revised law omits that provision because it duplicates Section 311.013, Government Code (Code Construction Act), which provides that a quorum of a public body is a majority of the number of members fixed by statute.  The omitted law reads:

(d)  … Any five (5) members of the board of directors shall constitute a quorum and … .

Revised Law

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 information described by Subsection (a) shall be delivered to the board's successors in office.  (Acts 58th Leg., R.S., Ch. 56, Sec. 13(f).)

Source Law

(f)  The board of directors shall keep a true account of all their meetings and proceedings and shall preserve all contracts, records of notices, duplicate vouchers, duplicate receipts and all accounts and records of whatever kind in a safe place and shall be delivered to their successors in office.

Revisor's Note

Section 13(f), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, 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. 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.  (Acts 58th Leg., R.S., Ch. 56, Sec. 13(i).)

Source Law

(i)  The board of directors shall employ all necessary employees for the proper handling and operation of the District and especially may employ a general manager, or administrator, attorney, bookkeeper and architect.

[Sections 1047.062-1047.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

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 district has the powers of government and the authority to exercise the rights, privileges, and functions concerning the purposes for which the district was created that are conferred by this chapter and any other law in this state from which the district is entitled to benefit.  (Acts 58th Leg., R.S., Ch. 56, Secs. 3 (part), 14(b) (part).)

Source Law

Sec. 3.  … the board of directors shall have the full management and control of all business of the District, including but not limited to the power and authority to negotiate and contract with any person or body, public or private, to purchase or lease land, to construct and equip a hospital system, and 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 such purposes.

[Sec. 14]

(b)  The District … shall have such powers of government and with authority to exercise such rights, privileges and functions concerning the purposes for which it was created, as may be conferred by this Act or any other law in this State to the benefit of which it may be entitled. …

Revisor's Note

(1)  Section 3, Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, refers to "including but not limited to."  The revised law omits "but not limited to" because Section 311.005(13), Government Code (Code Construction Act), provides that "includes" and "including" are terms of enlargement and not of limitation and do not create a presumption that components not expressed are excluded.

(2)  Section 3, Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides that the board may contract with any person "or body, public or private, … [and] … other political subdivisions of the State or private individuals, associations or corporations."  The revised law omits the quoted language because under Section 311.005(2), Government Code (Code Construction Act), "person" is defined to include any legal entity.

Revised Law

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.  (Acts 58th Leg., R.S., Ch. 56, Sec. 14(b) (part).)

Source Law

(b)  The District shall have full right and authority to contract for the purchase of land, for the hospital system, the construction of said hospital and the initial equipping of the hospital system and … .

Revisor's Note

Section 14(b), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides for the "initial equipping of the hospital system."  The revised law omits the quoted language because it is included in the general authority of contracting for a hospital system.

Revised Law

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 exercise a right, power, privilege, or function conferred on the district by this chapter.

(b)  The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code, except the district is not required to deposit in the trial court money or a 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 a bond or other security for costs in the trial court;

(2)  provide a bond for the issuance of a temporary restraining order or a temporary injunction; or

(3)  provide a bond for costs or a supersedeas bond on an appeal or writ of error.  (Acts 58th Leg., R.S., Ch. 56, Sec. 8.)

Source Law

Sec. 8.  The District shall have the right and power of eminent domain for the purpose of acquiring by condemnation any and all property of any kind or character, real, personal or mixed or any interest therein, including outright ownership of such property in fee simple absolute, within the boundaries of the District necessary or convenient to the exercise of the rights, powers, privileges and functions conferred upon it by this Act, in the manner provided by General Law with respect to condemnation; provided, that the District shall not be required to make deposits in the registry of the trial court of the sum required by Paragraph No. 2 in Article 3268, Vernon's Civil Statutes of the State of Texas, 1925, or to make the bond required therein.  In condemnation proceedings being prosecuted by the District, the District shall not be required to pay in advance or to give bond or other security for costs in trial court nor to give any bond otherwise required for the issuance of a temporary restraining order or temporary injunction relating to a condemnation proceeding, nor to give bond for costs or for supersedeas bond on any appeal or writ of error proceeding to any Court of Civil Appeals or the Supreme Court.

Revisor's Note

(1)  Section 8, Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, 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 8, Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides that the district must exercise the power of eminent domain in the manner provided by "General Law with respect to condemnation."  The revised law substitutes for the quoted language a reference to Chapter 21, Property Code, because that is the general law governing eminent domain for governmental entities.

(3)  Section 8, Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, refers to Paragraph No. 2, V.A.C.S. Article 3268.  That statute was codified in 1983 as Section 21.021(a), Property Code.  The revised law is drafted accordingly.

(4)  Section 8, Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides that the district is not required to provide bond on any appeal or writ of error proceedings to "any Court of Civil Appeals or the Supreme Court."  The revised law omits the reference to the courts because those are the only courts to which the district may appeal or apply for a writ of error.

Revised Law

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 management and objectives of the district.  (Acts 58th Leg., R.S., Ch. 56, Sec. 11.)

Source Law

Sec. 11.  The board of directors may on behalf of the District accept donations, gifts, and endowments for the District, to be held in trust 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 District.

Revisor's Note

Section 11, Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, refers to "donations" and "gifts."  The revised law omits "donations" because "donations" is included in the meaning of "gifts."

Revised Law

Sec. 1047.105.  CONTRACT IN NAME OF DISTRICT.  The district shall contract in the name of the district.  (Acts 58th Leg., R.S., Ch. 56, Sec. 14(a) (part).)

Source Law

(a)  … said District shall contract and be contracted with in the name of such District.

Revised Law

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 that the bidder possesses the equipment and facilities essential to properly perform the contract; and

(2)  after giving notice by:

(A)  advertising once a week for four weeks in one or more newspapers of general circulation in this state; and

(B)  posting a notice for at least 10 days at the courthouse door.

(b)  The contract must be in writing and be signed by the contractors and the directors.  A copy of the signed contract shall be filed with the depository and is subject to inspection by all interested parties.

(c)  The contract shall be fulfilled in accordance with the specifications and under the supervision of the board and district agents.  (Acts 58th Leg., R.S., Ch. 56, Secs. 6(a), (c).)

Source Law

Sec. 6.  (a)  Contracts for the making and construction of all improvements contemplated in this Act, and all necessary work in connection therewith, when the cost price exceeds Ten Thousand Dollars ($10,000) shall be let to the lowest responsible bidder, furnishing satisfactory evidence of possessing equipment and facilities essential to the proper performance of such contract; after giving notice by advertising the same in one (1) or more newspapers of general circulation in this State, once a week for four (4) weeks, and by posting a notice for at least ten (10) days at the courthouse door.  Such contract shall be in writing and signed by the contractors and directors, and a copy so executed filed with the depository subject to inspection of all interested parties.

(c)  All contracts shall be fulfilled in accordance with the specifications and under the supervision of the board of directors and district agents.

Revisor's Note

Section 6(b), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides that the provisions of Article 5160, Revised Civil Statutes of Texas, 1925, apply to the district's construction contracts in relation to surety bonds.  The revised law omits that reference because Article 5160 was codified as Chapter 2253, Government Code, and that chapter applies to hospital districts on its own terms.  The omitted law reads:

(b)  The person, firm, corporation or association to which such contract is let shall give surety bond to the District in accordance with the provisions of Article 5160, Revised Civil Statutes of 1925, and amendments thereto.

Revised Law

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.  (Acts 58th Leg., R.S., Ch. 56, Sec. 14(a) (part).)

Source Law

(a)  The District … shall … through its board of directors, sue and be sued in any and all courts of this State in the name of such District and … .

Revisor's Note

(End of Subchapter)

(1)  Section 10, Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides authority for the "State Board of Health or any State Board of Charities (or Public Welfare)" to inspect hospital district facilities and records.  The revised law omits Section 10 because various state laws, including Chapters 222 and 241, Health and Safety Code, provide the necessary inspection authority to appropriate state agencies.  The omitted law reads:

Sec. 10.  The District established or maintained under provisions of this Act shall be subject to inspection by any duly authorized representative of the State Board of Health or any State Board of Charities (or Public Welfare) that may hereafter be created, and of the Commissioners Court of the County, and resident officers shall admit such representatives into all District facilities and give them access on demand to all records, reports, books, papers, and accounts pertaining to the District.

(2)  Section 14(b), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, states that the enumeration of specific powers of the district does not limit the district's general powers.  The revised law omits that provision because it is a generally accepted principle of statutory interpretation that all of a statute is intended to be given effect and that specific grants of power do not limit more general grants of power.  In addition, Section 311.021(2), Government Code (Code Construction Act), provides that an entire statute is intended to be effective.  The omitted law reads:

(b)  … No enumeration of specific powers herein shall be held a limitation upon the general powers conferred by the Act, unless distinctly so expressed.

[Sections 1047.108-1047.150 reserved for expansion]

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Revised Law

Sec. 1047.151.  BOOK OF ACCOUNTS; ANNUAL AUDIT.  (a)  The board shall have kept a complete book of accounts for the district.

(b)  On June 1 of each year, the board shall select a competent auditor to examine the accounts, books, and reports of the depository, the tax assessor-collector, and the board.

(c)  The auditor shall make a full report and file a copy of the report with the depository, the county clerk, and the board.

(d)  The report must state the purposes for which money from each fund was spent.  (Acts 58th Leg., R.S., Ch. 56, Sec. 13(h).)

Source Law

(h)  The board of directors shall have kept a complete book of accounts for the District, and shall on June 1st of each year select a competent auditor who shall examine the accounts, books and reports of the depository, the assessor and collector and board of directors, and make full report thereon, a copy of which shall be filed with the depository, and a copy with the board of directors, and one with the county clerk.  Such reports shall state for what purposes the money from each fund has been expended.

Revised Law

Sec. 1047.152.  DEPOSITORY.  The board shall select a depository for the district in the manner provided by law for the selection of a county depository.  The depository serves for two years until a successor is selected and qualified.  (Acts 58th Leg., R.S., Ch. 56, Sec. 9.)

Source Law

Sec. 9.  Within thirty (30) days after the election of the board of directors of the District created under this Act, the board shall select a depository for the District in the manner provided by law for the selection of county depositories; and such depository shall be the depository of such District for a period of two (2) years thereafter until its successor is selected and qualified.

Revisor's Note

Section 9, Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, requires the board to select a depository "[w]ithin thirty (30) days after the election of the board of directors of the District created under this Act."  The revised law omits the quoted language as executed.

Revised Law

Sec. 1047.153.  PURCHASING AUTHORITY.  The board may purchase all necessary supplies, materials, and office equipment.  (Acts 58th Leg., R.S., Ch. 56, Sec. 13(j).)

Source Law

(j)  The board of directors may purchase all necessary supplies, materials and office equipment to meet the needs of the District.

Revised Law

Sec. 1047.154.  PAYMENT VOUCHERS.  A voucher for the payment of district money shall be signed by at least two directors.  (Acts 58th Leg., R.S., Ch. 56, Sec. 13(g).)

Source Law

(g)  All vouchers for the payment of any funds of the District shall be signed by at least two (2) members of the board of directors.

[Sections 1047.155-1047.200 reserved for expansion]

SUBCHAPTER E.  BONDS

Revised Law

Sec. 1047.201.  BONDS.  The district may issue bonds to:

(1)  purchase a site for, construct, and initially equip a hospital system; and

(2)  purchase, lease, acquire, equip, maintain, and operate a hospital system.  (Acts 58th Leg., R.S., Ch. 56, Sec. 1 (part).)

Source Law

Sec. 1.  … The District shall have the power to issue bonds for the purpose of purchasing a site for and the construction and initial equipping of a hospital system, and the operation and maintenance thereof, or for purchasing, leasing, or acquiring, equipping, maintaining, and operating a hospital system, and further … .

Revised Law

Sec. 1047.202.  CANCELLATION OF BOND.  (a)  On the payment of interest or for the redemption of district bonds, the depository shall receive and cancel any interest coupon paid or bond discharged.

(b)  When the interest coupon or bond is delivered to the board:

(1)  the account of the depository shall be credited with the amount of the coupon or bond; and

(2)  the coupon or bond shall be canceled and destroyed.  (Acts 58th Leg., R.S., Ch. 56, Sec. 5(b).)

Source Law

(b)  At the time of the payment of interest or for redemption of District bonds, the depository shall receive and cancel any interest coupons so paid or any bonds so discharged and when such interest coupon or bond shall be turned over to the board of directors the account of such depository shall be credited with the amount thereof, and such bond or coupon shall be canceled and destroyed.

Revised Law

Sec. 1047.203.  RECORD OF BOND ISSUANCE.  (a)  When bonds are issued, the board shall procure and deliver to the county treasurer a well-bound book containing a list of the following information for all bonds:

(1)  manner of payment;

(2)  amount of the bonds;

(3)  rate of interest;

(4)  date of issuance;

(5)  due date;

(6)  location where payable;

(7)  amount received for the bonds; and

(8)  the tax imposed to pay the interest on and redeem the bonds.

(b)  The book described by Subsection (a) shall be open to inspection at all times to taxpayers or bondholders.

(c)  On payment of a bond, the county treasurer shall:

(1)  enter the payment in the book described by Subsection (a); and

(2)  receive for services the same fees allowed by law for recording the payment as a county clerk recording deeds.  (Acts 58th Leg., R.S., Ch. 56, Sec. 5(c).)

Source Law

(c)  When bonds have been issued, the board of directors shall procure and deliver to the county treasurer a well-bound book in which a list shall be kept of all bonds with their manner of payment, amount, rate of interest, date of issuance, when due, where payable, amount received for same, and the tax levy to pay interest on and redeem such bonds; and such books shall at all times be open to the inspection of the parties interested, either as taxpayers or bond holders.  Upon the payment of any bond, the treasurer shall make an entry thereof in said book; and he shall receive for such services the same fees allowed by law to the county clerk for recording deeds.

Revisor's Note

Section 5(c), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, refers to recording the "tax levy" used to pay for bonds.  Throughout this chapter, the revised law substitutes "impose" for "levy" because, in this context, the terms are synonymous and "impose" is more commonly used.

Revised Law

Sec. 1047.204.  REFUNDING BONDS.  (a)  The board may issue refunding bonds to refund outstanding bonds issued by the district with the consent of the holders of the bonds to be refunded.

(b)  Before issuing refunding bonds, any sum to the credit of any sinking fund account on hand shall be:

(1)  deducted in determining the amount of refunding bonds to be issued; and

(2)  applied to the payment of the outstanding bonds.  (Acts 58th Leg., R.S., Ch. 56, Sec. 5(d) (part).)

Source Law

(d)  The District when it has issued bonds, may, by consent of the holders thereof, refund any bonds heretofore issued by issuing new coupon bonds for that purpose… .  Any sum to the credit of any sinking fund account on hand shall first be deducted in ascertaining the amount of refunding bonds to be issued, and such money shall in every case be applied to the payment of the outstanding bonds… .

Revisor's Note

Section 5(d), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, requires the district to issue refunding bonds "in the manner provided by law for … counties and cities."  Chapter 1207, Government Code, governs the issuance of refunding bonds by governmental entities, including counties and cities.  The revised law omits the provision because that chapter applies to the district by its own terms under Section 1207.001, Government Code.  The omitted law reads:

(d)  … The refunding bonds hereby authorized shall be issued in the manner provided by law for the issuance of refunding bonds by counties and cities. …

Revised Law

Sec. 1047.205.  REGISTRATION OF REFUNDING BONDS.  (a)  After registration of refunding bonds, the comptroller shall:

(1)  cancel the bonds to be refunded and the interest coupons for those bonds; and

(2)  deliver the refunding bonds to the proper party.

(b)  Bonds to be refunded may be presented for cancellation in installments with a corresponding amount of refunding bonds registered and delivered as provided by this section.  (Acts 58th Leg., R.S., Ch. 56, Sec. 5(d) (part).)

Source Law

(d)  … [such refunding bonds] … after the registration of the new bonds the Comptroller shall cancel the old bonds and interest coupons and deliver such new bonds to the proper party or parties; provided, further, that the old bonds may be presented for cancellation, in installments, and a like amount of the new bonds registered and delivered as is herein provided.

Revisor's Note

Section 5(d), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides that the comptroller may not register refunding bonds until the bonds are presented for cancellation.  The revised law omits the provision as superseded by Section 1207.025(b), Government Code (enacted as Section 2(a), V.A.C.S. Article 717k, as amended by Chapter 783, Acts of the 61st Legislature, Regular Session, 1969).  Section 1207.025(b) requires the comptroller to register the refunding bonds without cancellation of the bonds to be refunded if the issuer complies with the applicable requirements of Chapter 1207.  Chapter 1207, Government Code, applies to district bonds by application of Section 1207.001, Government Code.  The omitted law reads:

(d)  … the Comptroller shall not register such refunding bonds until the old bonds in lieu of which such refunding bonds are issued are presented to him for cancellation; and … .

Revised Law

Sec. 1047.206.  TAX TO PAY REFUNDING BONDS.  (a)  Before refunding bonds authorized by Section 1047.204 are delivered, the board shall impose a sufficient tax to pay the principal of and interest on the bonds.

(b)  The refunding of any bonds does not affect any taxes already due. (Acts 58th Leg., R.S., Ch. 56, Sec. 5(d) (part).)

Source Law

(d)  … a sufficient tax levy to meet the payment of the principal and interest of said refunding bonds shall be made before the delivery thereof, providing the refunding of any bonds shall not affect any taxes already due. 

…

Revised Law

Sec. 1047.207.  BOND PROCEEDS.  The directors shall promptly pay over the proceeds from the sale of district bonds to the depository to the credit of the district.  (Acts 58th Leg., R.S., Ch. 56, Sec. 5(a) (part).)

Source Law

(a)  … the directors … shall promptly pay over to the District depository the proceeds of such sale to be placed to the credit of the District.

Revised Law

Sec. 1047.208.  BOND ELECTION EXPENSES.  All expenses incident to holding a bond election shall be paid out of any district funds except the interest and sinking funds for bonds.  (Acts 58th Leg., R.S., Ch. 56, Sec. 7 (part).)

Source Law

Sec. 7.  … [said bonds] … all expenses incident to calling and holding all elections shall be paid out of any District funds except interest and sinking funds for bonds.

Revisor's Note

(1)  Section 7, Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides that expenses of a bond election are paid out of district funds only if the issuance of bonds and imposition of taxes are approved by voters.  The revised law omits that provision because Section 1.014(b), Election Code, states that the district pays the election expenses regardless of whether the issuance of bonds and imposition of taxes are approved by the voters.  The omitted law reads:

Sec. 7.  If said bonds and levying of taxes are approved by the voters, [all expenses incident to calling and holding all elections shall be paid out of any District funds except interest and sinking funds for bonds.]

(2)  Section 7, Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides for "calling" and "holding" an election.  The revised law omits the reference to "calling" an election because, in this context, "calling" an election is included in the meaning of "holding" an election.  Under Chapter 3, Election Code, all elections must be ordered (called) before they may be held.

Revisor's Note

(End of Subchapter)

(1)  Sections 4(a), (b), (c), (d), and (e), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provide the procedures for holding the initial bond election.  The revised law omits those provisions as executed.  The omitted law reads:

Sec. 4.  (a)  After creation of the District and the qualification of the board of directors, the board shall order an election to be held within the District at a time not less than twenty (20) days nor more than thirty (30) days from the date of the order for such election at which time the qualified resident property taxpaying voters who have duly rendered their property for taxation upon the tax rolls of the precincts composing the District shall vote to determine if bonds of the District shall be sold to purchase, construct, acquire, repair, or renovate improvements and initially equip same for a hospital system and to operate and maintain same or to pay for the construction of the hospital system or the initial equipping of the hospital system and to operate and maintain same and to authorize the levy of a tax of not to exceed seventy-five cents (75’) on the One Hundred Dollar valuation of property therein for the purpose of paying the principal and interest on such bonds and for maintaining and operating the system.  At such election the proposition to be voted on shall set forth the purpose of the bonds, the amount of bonds to be issued and the voters shall vote for the issuance of bonds for said purpose and levy of taxes in payment thereof, or against the issuance of bonds for said purpose and levy of taxes in payment thereof.

(b)  Notice of such election, stating the time of the election, the polling place, the amount of bonds as determined by the board to be necessary to be issued, the proposition to be voted on and the estimated cost shall be published in a newspaper of general circulation in Jasper County, Texas, once a week for two (2) consecutive weeks, the first notice not being more than twenty (20) days prior to the date of election.

(c)  The board of directors shall name the polling places in the District and shall appoint two (2) judges, one of whom shall be presiding judge, and two (2) clerks for each voting place designated by them.  The board of directors shall provide the necessary ballots for said election, which shall be printed.

(d)  Immediately after the election the presiding judges shall make return of the result in the same manner as provided for in general elections for State and county officials.  The return shall be made to the board of directors who shall at a regular or special session canvass said vote, and if a majority of the votes favor the issuance of bonds and levy of taxes, the board of directors shall so declare and enter the results in their minutes.

(e)  After declaring the result of said election, the board of directors shall make and enter an order in their minutes directing the issuance of bonds for the District sufficient in amount to pay for the proposed project with all necessary, actual and incidental expenses connected therewith not to exceed the amount specified in the order and voted at the election.  All bonds issued by the District shall be signed and executed by the president of the board and the secretary.

(2)  Sections 4(f) and 5(d), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, require the district to submit district bonds to the attorney general for approval and certification.  The revised law omits Section 4(f) and that portion of Section 5(d) because those sections duplicate Section 1202.003, Government Code.  Section 1202.003 provides that an issuer of bonds shall submit the bonds to the attorney general for approval before their issuance.  Chapter 1202, Government Code, applies to district bonds by application of Section 1202.001, Government Code.  The omitted law reads:

[Sec. 4]

(f)  Before such bonds are offered for sale, there shall be forwarded to the Attorney General a certified copy of all proceedings had in the organization of the District, and with reference to issuance of the bonds in connection with the bonds themselves, and such other information respecting same as he may require.  The Attorney General shall carefully examine the bonds in connection with the record and Constitution and laws of the State governing the issuance of such bonds; and if the examination shows that such bonds are issued in conformity thereto, and that they are valid and binding obligations upon the District, he shall so officially certify.

[Sec. 5]

(d)  …  No refunding bonds shall be issued and delivered until approved by the Attorney General, and … .

(3)  Section 4(g), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides that, once the attorney general approves district bonds, the bonds are valid and incontestable.  The revised law omits those provisions because they duplicate Section 1202.006, Government Code.  Section 4(g) also provides that the only defense that may be offered to the bonds' validity is forgery or fraud.  The revised law omits that provision as impliedly repealed by the subsequent enactment in 1987 of V.A.C.S. Article 717k-8 (now codified in relevant part as Section 1202.006, Government Code).  Section 3.002(d) of Article 717k-8 provides that bonds that have been approved by the attorney general and registered by the comptroller are "incontestable … for any reason."  Chapter 1202, Government Code, applies to district bonds by application of Section 1202.001, Government Code.  The omitted law reads:

(g)  … the certificate of the Attorney General as to their validity shall be preserved of record; whereupon such bonds shall be held prima facie valid in every action, suit or proceeding in which their validity may be brought into question.  In every suit to enforce collection of such bonds and interest thereon, the only available defense against the validity of such bonds shall be forgery or fraud.

(4)  Sections 4(g), 5(a), and 5(d), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provide that district bonds shall be registered with the comptroller.  The revised law omits those portions of Sections 4(g), 5(a), and 5(d) because they duplicate Section 1202.005, Government Code.  That section applies to district bonds by application of Section 1202.001, Government Code.  The omitted law reads:

[Sec. 4]

(g)  When the bonds are approved, they shall be registered by the Comptroller in a book kept for that purpose and … .

Sec. 5.  (a)  After the bonds have been registered, … .

(d)  …  [No refunding bonds shall be issued and delivered until approved by the Attorney General, and] registered by the State Comptroller; provided, however, that … .

(5)  Section 5(a), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides that the district may issue bonds on the best terms and for the best price possible.  The revised law omits that provision because it duplicates Section 1201.022(a)(3)(B), Government Code.  That section applies to district bonds by application of Section 1201.002, Government Code.  In addition, Section 1204.006(b), Government Code, provides that a public agency may sell public securities at any price.  Section 1204.006(b) applies to district bonds by application of Section 1204.001, Government Code.  The omitted law reads:

(a)  … the directors shall sell same on the best terms and for the best price possible, not less than their face value and accrued interest; and … .

(6)  Section 5(d), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides that district bonds shall be issued "in denomination of One Hundred Dollars ($100), or some multiple thereof." The revised law omits that provision as superseded by Section 1201.021, Government Code, which provides that the governing body of an issuer may issue bonds in any denomination.  Section 1201.021, Government Code, applies to district bonds by application of Section 1201.002, Government Code.  The omitted law reads:

(d)  … [refunding bonds] … shall be issued in denomination of One Hundred Dollars ($100), or some multiple thereof; and … .

(7)  Section 5(d), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides that refunding bonds may not bear interest at a greater rate than the bonds to be refunded.  The revised law omits that provision because it has been superseded by the enactment of the maximum interest rate provision found in Section 1204.006, Government Code.  That section reflects the 1981 amendment of Chapter 3, Acts of the 61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes, now Chapter 1204, Government Code), by Section 1, Chapter 61, Acts of the 67th Legislature, Regular Session, and permits a public agency, including a hospital district, to issue public securities at any net effective interest rate of 15 percent or less.  Section 1204.006, Government Code, applies to district bonds by application of Section 1204.001, Government Code.  The omitted law reads:

(d)  … Refunding bonds shall not bear a greater rate of interest than the bonds in lieu of which they are issued… .

(8)  Section 5(d), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides for the methods of paying interest on refunding bonds.  The revised law omits that provision because it duplicates Section 1201.021, Government Code.  Section 5(d) also provides that bonds issued by the district may be payable "serially, or otherwise."  The revised law omits the quoted language because it duplicates Section 1201.022(a)(1), Government Code.  Those sections apply to district bonds by application of Section 1201.002, Government Code.  Finally, Section 5(d) provides that refunding bonds must mature not later than 40 years after issuance.  The revised law omits that provision because it duplicates Section 1207.006, Government Code.  Section 1207.006 applies to district bonds by application of Section 1207.001, Government Code.  The omitted law reads:

(d)  … Interest shall be evidenced by coupons attached to the bonds, and may be payable annually or semi-annually, within the discretion of its board of directors; refunding bonds shall be payable serially, or otherwise, not exceeding forty (40) years from the date thereof, and … .

[Sections 1047.209-1047.250 reserved for expansion]

SUBCHAPTER F. TAXES

Revised Law

Sec. 1047.251.  IMPOSITION OF AD VALOREM TAX.  (a)  The district may impose a tax on all property in the district subject to district taxation.

(b)  The tax may be used to:

(1)  pay the principal of and interest on bonds authorized by Section 1047.201; and

(2)  maintain and operate a hospital or hospital system.  (Acts 58th Leg., R.S., Ch. 56, Sec. 1 (part).)

Source Law

Sec. 1.  … The District shall have … the power to levy a tax … on the … property … therein for the purpose of paying the principal and interest on such bonds and for maintaining and operating a hospital or hospital system.

Revised Law

Sec. 1047.252.  TAX RATE.  The district may impose the tax at a rate not to exceed 75 cents on each $100 valuation of taxable property in the district.  (Acts 58th Leg., R.S., Ch. 56, Sec. 1 (part).)

Source Law

Sec. 1.  … The District shall have … the power to levy a tax of not to exceed seventy-five cents (75’) on the One Hundred Dollar property valuation therein … .

Revised Law

Sec. 1047.253.  TAX ASSESSOR-COLLECTOR.  The tax assessor-collector of Jasper County shall assess and collect taxes for the district.  (Acts 58th Leg., R.S., Ch. 56, Sec. 15(a) (part).)

Source Law

Sec. 15.  (a)  The County of Jasper by its county tax assessor and collector shall assess and collect all taxes of the District … .

Revisor's Note

(1)  Section 15(a), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, states that the tax assessor-collector shall assess and collect district taxes in the manner in which county taxes are assessed and collected.  The revised law omits that provision because it was repealed by Section 6(b), Chapter 841, Acts of the 66th Legislature, Regular Session, 1979, which repealed all "general, local, and special laws" that conflicted with that act.  The 1979 act enacted the Property Tax Code (Title 1, Tax Code), a comprehensive, substantive codification of property tax law.  Title 1, Tax Code, provides the exclusive procedures for the imposition and collection of property taxes by a taxing unit, including a hospital district.  The omitted law reads:

(a)  [The County of Jasper by its county tax assessor and collector shall assess and collect all taxes of the District] in the manner in which it assesses and collects the taxes of Jasper County and … .

(2)  Section 15(a), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, states that the taxes collected by the tax assessor-collector shall be turned over to the county treasurer for deposit in the district depository.  The revised law omits that provision because Section 31.10, Tax Code, requires the tax assessor-collector of a taxing unit to deposit taxes collected in the unit's depository.  The omitted law reads:

(a)  … [county tax assessor and collector shall] … turn over said taxes to the Jasper County Treasurer who shall deposit same to the credit of the District at its designated depository.

Revisor's Note

(End of Subchapter)

(1)  Section 15(b), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, sets out the specific compensation due to the county tax assessor-collector for the assessment and collection of district taxes.  The revised law omits that provision because it was repealed by Section 6(b), Chapter 841, Acts of the 66th Legislature, Regular Session, 1979.  See Revisor's Note (1) to Section 147.253.  Section 6.27(b), Tax Code, provides for the compensation of a county tax assessor-collector assessing and collecting taxes for another taxing unit.  The omitted law reads:

(b)  The county tax assessor and collector shall receive one per cent (1%) of the total taxes shown on the completed roll for assessing such taxes and one per cent (1%) for collecting same; provided, however, that the compensation for the collection of delinquent taxes shall be five per cent (5%) of the amount collected.

(2)  Section 15(c), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides a date on which unpaid taxes become delinquent.  The revised law omits that provision as superseded by Section 31.02, Tax Code, which provides a delinquency date.  The omitted law reads:

(c)  All taxes which have not been paid on the last day of January shall become delinquent on the first day of February each year and … .

(3)  Section 15(c), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides that a lien may be placed on the property for which taxes are assessed if the taxes are delinquent.  The revised law omits that provision because it is superseded by Section 32.01, Tax Code, which provides authority to place liens on property for delinquent taxes.  The omitted law reads:

(c)  … same shall be and remain a lien upon the property for which same were assessed although the owner be unknown or same be listed in the name of a person not the actual owner thereof or though the ownership be changed… .

(4)  Section 15(c), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, authorizes the district to institute a suit to enforce the payment of taxes and to foreclose liens to secure that payment.  The revised law omits that provision because Chapter 33, Tax Code, authorizes a taxing unit of government to file suit to enforce the payment of taxes and to foreclose a lien to secure that payment.  The omitted law reads:

(c)  … All such property may be sold under a judgment of a court for all taxes, interest, penalty and costs assessed against same at any time after such taxes become delinquent.  The District shall have authority to file suits for the collection of taxes against any and all property assessed for taxes and if the owner be unknown such suit may be filed against an unknown owner and the property sold under the judgment of the court… .

(5)  Section 15(c), Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, provides that there is no statute of limitations on a suit to collect delinquent taxes.  The revised law omits that provision because it is superseded by Section 33.05, Tax Code, which provides for a statute of limitations on suits to collect delinquent taxes.  The omitted law reads:

(c)  … Taxes are not barred by any law of limitation and no law providing for a period of limitation as to debts or actions shall apply to such taxes.

[Sections 1047.254-1047.300 reserved for expansion]

SUBCHAPTER G.  MERGER

Revised Law

Sec. 1047.301.  MERGER.  (a)  If a countywide hospital district is created for Jasper County or if a district is created for the territory in Jasper County that is not included in the Jasper Hospital District, the board may choose to merge with the newly created hospital district if:

(1)  the newly created hospital district assumes all outstanding indebtedness of the Jasper Hospital District; and

(2)  the merger of districts is approved by the majority of the voters voting at an election held by the district.

(b)  Notice of an election under this section must be given in the same manner as provided for an election to elect directors.  (Acts 58th Leg., R.S., Ch. 56, Sec. 16.)

Source Law

Sec. 16.  In the event there is ever created a District for the County of Jasper or a hospital district created for the balance of the County not including the boundaries of this District, then the board of directors of this District may, at its discretion, determine to merge with said countywide hospital district or the district covering the balance of the County; provided, (1) that the District would assume all outstanding indebtednesses of this District; and (2) that the merger of districts be approved by the majority of the resident qualified property taxpaying voters voting at an election who have duly rendered their property for taxation upon the rolls of the precincts composing this District.  Notice of such election would be given in the same manner as herein provided for the calling of elections for the election of the members of the board of directors.

Revisor's Note

Section 16, Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, refers to "resident qualified property taxpaying voters voting at an election who have duly rendered their property for taxation upon the rolls of the precincts composing this District."  The revised law omits "resident qualified" 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 omits the reference to taxpaying voters who have rendered property for taxation 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.

Revisor's Note

(End of Chapter)

(1)  Section 17, Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, and Section 5, Chapter 109, Acts of the 58th Legislature, Regular Session, 1963, provide that the acts are severable.  The revised law omits those provisions because they duplicate Section 311.032, Government Code (Code Construction Act), which provides 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. 17.  If any provision of this Act or the application thereof to any person or circumstance 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.

Sec. 5.  If any provision of this Act or the application thereof to any person or circumstance 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 severable.

(2)  Section 2, Chapter 109, Acts of the 58th Legislature, Regular Session, 1963, amends Section 12, Chapter 56, Acts of the 58th Legislature, Regular Session, 1963, which provides that each voter voting in an election to issue bonds or impose taxes must take an oath stating that the person is a resident qualified property taxpayer.  The revised law omits that provision for the reason stated in the revisor's note to Section 1047.301.  The omitted law reads:

Sec. 12.  To be eligible to vote in any election to be held by this District to issue bonds or levy taxes a person must be a resident property taxpayer in the District who has duly rendered his property for taxation upon the tax rolls of the precincts composing the District.  Every person who offers to vote in any such election held under the provisions of this Act shall take the following oath before the presiding judge of the polling place where he offers to vote, and such judge is authorized to administer same:

"I do solemnly swear that I am a qualified voter of Jasper County and that I am a resident property taxpayer of the District who has duly rendered my property for taxation upon the tax rolls of either county commissioners precinct number one or two of Jasper County, Texas."

(3)  Section 4, Chapter 109, Acts of the 58th Legislature, Regular Session, 1963, provides for the ratification, validation, and confirmation of an election and any event related to an election held under the original house bill authorizing creation of the district.  The revised law omits that provision as executed.  The omitted law reads:

Sec. 4.  All proceedings heretofore had and taken under the provisions of the original House Bill No. 377 as heretofore enacted by the 58th Legislature at its Regular Session in 1963, by the Commissioners Court of Jasper County, petitioners for any election called thereunder, the notices of election, the conduct of any election and everything pertaining thereto, are hereby in all things ratified, validated and confirmed.