HBA-NLM H.B. 3772 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3772
By: Gallego
County Affairs
3/27/1999
Introduced



BACKGROUND AND PURPOSE 

The Presidio County Hospital District was created in 1965, by the 59th
Legislature, to deliver health care services to the people of Presidio
County.  In the enabling act, the legislature set forth all of the
guidelines and regulations by which the district was to operate and also
established the criteria and procedure for election of its governing body.
In 1991, the 72nd Legislature authorized the joining of the Presidio County
Hospital District with the Brewster County Hospital District into the Big
Bend Regional Hospital District (district). The enabling act for the
district provides for a  two- year term for the office of director.
However, the hospital board has experienced difficulty in filling the
office of director on the hospital board, since the term of office is
relatively short. There is concern that potential candidates for office may
not want to commit resources for such a short duration. Additionally the
board is concerned that some persons seeking office may have personal
interests in district matters.  

H.B. 3772  requires an election to be held on the first Saturday in May
each year and the appropriate number of directors are required to be
elected for four-year terms, rather than two-year terms. In addition, this
bill prohibits a person from serving on the board of directors if the
person is an employee of the district, is a party to a contract with the
district to perform services for compensation, or is a physician who
retains staff privileges at the district facility. 


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 7(b), Chapter 643, Acts of the 59th Legislature,
Regular Session, 1965,  to require an election to be held on the first
Saturday in May each year and the appropriate number of directors are
required to be elected for four-year, rather than two-year, terms in the
following manner: 

(1) Requires the term to be a two-year term, in an election held in the
year 2000 for the election of directors serving a term that expires that
year; 

(2)  Requires the term to be a three-year term, in an election held in the
year 2001 for the election of directors serving a term that expires that
year; and  

(3)   Requires every election for a member of the board of directors held
after 2001 to be for a term of four-years. 

SECTION 2. Amends Section 7B,  Chapter 643, Acts of the 59th Legislature,
Regular Session, 1965, by adding Subsection (c), as follows: 

(c)  Prohibits a person from serving on the board of directors if the
person is an employee of the district, is a party to a contract with the
district to perform services for compensation, or is a physician who
retains staff privileges at the district facility. 
 
SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.