Relating to the operations and administration of the Concho County Hospital District.

89(R) HB 2438 - House Committee Report version - Bill Text

89R8852 MPF-F

By: Darby

H.B. No. 2438

A BILL TO BE ENTITLED

AN ACT

relating to the operations and administration of the Concho County

Hospital District.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1016.053, Special District Local Laws

Code, is amended to read as follows:

Sec. 1016.053. BALLOT
APPLICATION
[
PETITION
]. A person who

wants to have the person's name printed on the ballot as a candidate

for director must file
an application
with the board secretary
in

accordance with Chapter 144, Election Code
[
a petition requesting

that action.

The petition must be:

[
(1)

signed by at least 10 registered taxpaying

voters; and

[
(2)

filed by the deadline imposed by Section 144.005,

Election Code
].

SECTION 2. Section 1016.054, Special District Local Laws

Code, is amended to read as follows:

Sec. 1016.054. QUALIFICATIONS FOR OFFICE.
(a)
A person may

not be elected or appointed as a director unless the person is:

(1) a district resident;
and

(2) a qualified voter[
;

[
(3) a freeholder; and

[
(4)

at least 18 years of age when elected or

appointed
].

(b)

A person may not be elected or appointed as a director if

the person is a district employee.

SECTION 3. Section 1016.057, Special District Local Laws

Code, is amended to read as follows:

Sec. 1016.057. OFFICERS. The board shall elect a

president
, a vice president,
and a secretary from among its

members.

SECTION 4. The heading to Section 1016.060, Special

District Local Laws Code, is amended to read as follows:

Sec. 1016.060. DISTRICT ADMINISTRATOR[
; ASSISTANT

ADMINISTRATOR
].

SECTION 5. Section 1016.060(c), Special District Local Laws

Code, is amended to read as follows:

(c) The district administrator
serves
[
and any assistant

administrator serve
] at the will of the board and
is
[
are
] entitled

to the compensation determined by the board.

SECTION 6. Section 1016.110, Special District Local Laws

Code, is amended to read as follows:

Sec. 1016.110. CONSTRUCTION [
OR PURCHASE
] CONTRACTS.
(a)

The board may enter into construction contracts for the district.

(b)

The board may enter into a public work contract as

authorized under Chapter 2269, Government Code.

(c)

Chapter 2253, Government Code, as it relates to

performance and payment bonds, applies to the district's

construction contracts
[
A construction or purchase contract that

involves the expenditure of more than $2,000 may be made only after

advertising in the manner provided by Chapter 252 and Subchapter C,

Chapter 262, Local Government Code
].

SECTION 7. Section 1016.160(a), Special District Local Laws

Code, is amended to read as follows:

(a) Except as otherwise provided by Section 1016.107(c)
of

this code, Section 315.002, Health and Safety Code
, this

subchapter, and Subchapter E
of this chapter
, the district may not

incur
a debt
[
an obligation
] payable from district revenue other

than the revenue on hand or to be on hand in the current and

following district fiscal years.

SECTION 8. The following provisions of the Special District

Local Laws Code are repealed:

(1) Section 1016.055; and

(2) Sections 1016.060(b) and (d).

SECTION 9. (a) The changes in law made by this Act to

Section 1016.053, Special District Local Laws Code, apply only to

an election ordered on or after the effective date of this Act.

(b) The changes in law made by this Act to Section 1016.054,

Special District Local Laws Code:

(1) do not affect the entitlement of a director

serving on the board of directors immediately before the effective

date of this Act to continue to serve on the board for the remainder

of the director's term;

(2) apply only to a member of the board of directors

elected or appointed to the board on or after the effective date of

this Act; and

(3) do not prohibit a director serving on the board of

directors on the effective date of this Act from being reelected or

reappointed to the board if the director has the qualifications

required for membership on the board under Section 1016.054,

Special District Local Laws Code, as amended by this Act.

SECTION 10. This Act takes effect immediately if it

receives a vote of two-thirds of all the members elected to each

house, as provided by Section 39, Article III, Texas Constitution.

If this Act does not receive the vote necessary for immediate

effect, this Act takes effect September 1, 2025.