HBA-MPM, MPA H.B. 962 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 962
By: Jones, Delwin
County Affairs
9/14/1999
Enrolled



BACKGROUND AND PURPOSE 

The Lubbock County Hospital District owns and operates a hospital that is a
teaching facility for Texas Tech Medical School, and which also operates as
a charity hospital offering indigent care. H.B. 962 provides that before
this facility can be sold or leased to another party a vote of the people
in the district will be required. 

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 10, Chapter 484, Acts of the 60th Legislature,
Regular Session, 1967,  
to make a conforming change, relative to SECTION 2 of this bill.

SECTION 2. Amends Chapter 484, Acts of the 60th Legislature, Regular
Session, 1967, by adding Section 10A, as follows: 

Sec. 10A.  SALE OR LEASE OF CERTAIN FACILITY; ELECTION; DISCLOSURE.  (a)
Defines "hospital official" and "substantial interest" for purposes of this
section. 

(b) Authorizes the  board of managers of the Lubbock County Hospital
District  (board), by resolution and with the approval of the commissioners
court, to order the sale or lease of a facility owned and operated by the
hospital district as a teaching hospital located on the campus of Texas
Tech University, contingent on certain disclosure requirements under this
section and voter approval in an election called and held for that purpose.
Provides that the resolution must include a finding by the board  that the
sale or lease is in the best interests of the residents of the hospital
district and that no hospital official will benefit financially from its
sale or lease other than from the continuation of a compensation package
existing prior to the date of the sale or lease.  Requires the
Commissioners Court of Lubbock County to order the election as soon as
possible after adoption of  the board's resolution regarding the sale or
lease of the facility. 

(c) Requires that the election be held on the first authorized uniform
election date that occurs after the 45th day after the date the election is
ordered. 

(d) Requires the ballot to be printed to permit voting for or against the
proposition and provides model language. 

(e) Authorizes the board's chairman to disclose no later than the 30th day
before the election, the terms of the proposed sale or lease of a facility
described by this section. Provides that the disclosure must include oral
and written agreements relating to the sale or lease. 

(f) Requires a board member or a hospital official to disclose any
financial interest that the person has in the sale or lease of a facility
described by this section no later than the  30th day before the date of an
election held under this section.  Provides circumstances under which a
person has a financial interest in the sale or lease of said facility. 

(g) Requires a person to make a disclosure required under Subsection (e) or
(f) of this section by filing the disclosure with the Commissioners Court
of Lubbock County and the board.  Provides that this disclosure is a public
record. 

(h)  Specifies that a person required to make a disclosure under Subsection
(f) of this section commits a Class A misdemeanor if the person knowingly
fails to make it within the prescribed period. 

(i)  Requires the Commissioners Court of Lubbock County to cancel an
election ordered under this section if a hospital official makes a
disclosure of financial interest in the sale or lease of a facility under
subsections (f) and (g) of this section at any time before the election
date. 

(j)  Authorizes the board to sell or lease the facility only under certain
conditions relating to disclosure procedure and voter approval. 

(k)  Provides that a disclosure made after the date the sale or lease of
the facility occurs does not invalidate the sale or lease. 

(l) Prohibits another election on the sale or lease of the facility from
being held within one year of the election, if the majority of votes cast
at the previous election did not support that action. 

SECTION 3.  Emergency clause.
            Effective date: upon passage.