HBA-NLM C.S.H.B. 3772 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3772 By: Gallego County Affairs 4/11/1999 Committee Report (Substituted) 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. C.S.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 as a member of 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 to be elected for four-year, rather than two-year, terms. 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 as a member of the board of directors (board) 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. (a) Provides that the change in law made by this Act to Section 7(b), Chapter 643, Acts of the 59th Legislature, Regular Session, 1965, does not apply to the term of a member of the board elected in an election held in 2000 and 2001. Requires a director elected in an election held in 2000 to serve a two-year term, and a director elected in an election held in 2001 to serve a three-year term. Requires successor directors to serve four-year terms. (b) Makes application of Section 7B, Chapter 643, Acts of the 59th Legislature, Regular Session, 1965, of this Act prospective. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3772 modifies the original in the caption relating to the Big Bend Regional Hospital District. C.S.H.B. 3772 modifies the original in SECTION 1 (Section 7(b), Chapter 643, Acts of the 59th Legislature, Regular Session, 1965) by deleting the proposed language establishing staggered terms for directors. C.S.H.B. 3772 modifies the original in SECTION 2 (proposed Section 7B(c), Chapter 643, Acts of the 59th Legislature, Regular Session, 1965) by clarifying language to prohibit certain persons from serving as members of the board, rather than from serving on the board. C.S.H.B. 3772 modifies the original in SECTION 3 by including a new Subsection (a) to provide that the change in law made to by this Act to Section 7(b), Chapter 643, Acts of the 59th Legislature, Regular Session, 1965, does not apply to certain directors, and sets forth the required terms for directors elected in an election held in 2000 and 2001. The substitute modifies the original by redesignating the proposed prospective clause to a new Subsection (b) relating to the change in law made by this Act to Section 7B, Chapter 643, Acts of the 59th Legislature, Regular Session, 1965.