HBA-MPA H.B. 1374 76(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1374
By: Gallego
County Affairs
4/16/1999
Committee Report (Substituted)




BACKGROUND AND PURPOSE 

Currently, the Val Verde County Hospital District operates under rules
which have been amended in 1983, 1991, and 1997.  The hospital board of
directors has expressed the desire to make the rules consistent with
current practices.  C.S.H.B. 1374 modifies the qualifications of directors,
establishes a new filing deadline for write-in candidates for hospital
district elections, increases the maximum amount that the hospital board
may purchase or expend without advertising, and subjects construction and
purchasing expenditures greater than $15,000 to the advertising
requirements practiced by counties throughout the state. 

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 Section 4(a), Chapter 658, Acts of the 64th Legislature,
Regular Session, 1975, to prohibit a person from being appointed or elected
as a member of the board of directors of the hospital district (board) if
the person is a physician with staff privileges or a member of the medical
staff of a district facility.  

SECTION 2. Amends Section 4A(c), Chapter 658, Acts of the 64th Legislature,
Regular Session, 1975, to provide that a declaration of write-in candidacy
for hospital district elections must be filed with the secretary of the
board no later than the 35th, rather than the 45th, day before the
election, or if a candidate on the ballot dies or is disqualified after the
38th, rather than the 48th, day before the election, such declaration may
be filed no later than the 32nd, rather than the 42nd, day before the
election. 

SECTION 3.  Amends Section 11,  Chapter 658, Acts of the 64th Legislature,
Regular Session, 1975, to authorize contracts for construction involving
expenditures of more than $15,000 only after advertising in the manner
provided by Subchapter B (Competitive Bidding on Certain Public Works
Contracts), Chapter 271, Local Government Code, or for all contracts for
purchases involving expenditures over $15,000, rather than $5,000, only
after advertising in the manner provided by Subchapter C (County Purchasing
Act), Chapter 262, rather than Chapter 252 (Purchasing and Contracting
Authority of Municipalities), Local Government Code. 

SECTION 4.  Makes application of this Act prospective, and provides that a
person who is serving on the board on the effective date of this Act is not
prohibited from being reappointed or reelected if the person has the
qualifications required under Section 4(a), Chapter 658, Acts of the 64th
Legislature, Regular Session, 1975. 

SECTION 5. Effective date: September 1, 1999.

SECTION 6.  Emergency clause. 


 

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1.  Adds to Section 4(a), the prohibition of a person being
appointed or elected as a member of the board of directors of the hospital
district if the person is a physician with staff privileges or a member of
the medical staff of a district facility. 

SECTION 4.  Adds provision making application of this Act prospective, and
providing that a person serving on the board on the effective date of this
Act is not prohibited from being reappointed or reelected if the person has
the qualifications required under Section 4(a), Chapter 658, Acts of the
64th Legislature, Regular Session, 1975.