HBA-DMD, MPA H.B. 3463 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3463 By: Alexander County Affairs 7/30/1999 Enrolled BACKGROUND AND PURPOSE The Cedar Creek Hospital District, originally known as the Mabank-Kemp Hospital District, was established in 1973 by the 63rd Legislature. Prior to the 76th Legislature, no medical facilities of any kind, such as doctor's offices, emergency centers, or hospitals, existed as part of the district. H.B. 3463 provides a process for the board of directors of the hospital district to call for a vote by the residents of the district to dissolve the district. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 22, Acts of the 63rd Legislature, Regular Session, 1973, by adding Sections 21A and 21B, as follows: Sec. 21A. (a) Authorizes the Cedar Creek Hospital District (district) to be dissolved as provided by this section. (b) Authorizes the board of directors of the district (board) to order an election on the question of dissolving the district and disposing of the district's assets and obligations. Requires the board to order an election if the board receives a petition requesting an election signed by at least 15 percent of the registered voters in the district. (c) Requires the election to be held not later than 60 days after the date the election is ordered. Provides that Section 41.001(a) (Uniform Election Dates), Election Code, does not apply to an election ordered under this section. (d) Requires the ballot to permit voting for or against the proposition: "the dissolution of the Cedar Creek Hospital District." Requires the election to be held in accordance with the applicable provisions of the Election Code. (e) Requires the board to find that the district is dissolved if a majority of voters favor dissolution, and to continue to administer the district if a majority of the voters do not favor dissolution. Prohibits another election on the question of dissolution from being held before the first anniversary of the most recent election to dissolve the district. (f) Requires the board to transfer the land, buildings, improvements, equipment, and other assets (assets) to Kaufman, Van Zandt, or Henderson counties or another governmental entity in the district (entities); or administer the property, assets, and debts in accordance with Section 21B of this Act. (g) Provides that, if the district transfers the assets to one of the entities, the entity assumes all debts and obligations of the district at the time of the transfer, and the district is dissolved. Sec. 21B. (a) Requires the board to continue to control and administer the property, debts, and assets of the district until all funds have been disposed of and all district debts have been paid and settled, if the board finds that the district is dissolved but does not transfer the assets to an entity. (b) Requires the board, after it finds that the district is dissolved, to determine the debt owed by the district, and impose on the property included in the district's tax rolls a tax that is in proportion of the debt to the property value. (c) Authorizes the board to institute a suit to enforce payment of taxes and to foreclose liens to secure payment of taxes due the district. (d) Requires the board to order the secretary of the board to return the pro rata share of all unused tax or other money to each district taxpayer. Authorizes taxpayers to request that their share of the surplus tax or other money be credited to their county taxes. Requires the board to direct the secretary to transmit the funds to the county tax assessorcollector, if the taxpayer requests the credit. (e) Requires the board to file a written report with the commissioners court in Kaufman, Van Zandt, and Henderson counties (counties) setting forth a summary of the board's actions in dissolving the district, after all its debts have been paid and all assets and funds have been disposed of. (f) Requires the commissioners courts of the counties to enter orders dissolving the district no later than the 10th day after they receive the report and determine the requirements of the section have been fulfilled. SECTION 2. Amends Section 22, Chapter 22, Acts of the 63rd Legislature, Regular Session, 1973, to make a conforming change. SECTION 3.Emergency clause. Effective date: upon passage.