HBA-DMD S.B. 1628 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1628
By: Haywood
County Affairs
4/30/1999
Engrossed


BACKGROUND AND PURPOSE 

Currently, the Election Code establishes deadlines for certain candidate
filings, for election orders, and for publication of election notices.
Hospital districts are governed by the Election Code to the extent their
enabling acts do not contain opposing provisions. If the deadlines in the
enabling acts are different from those in the Election Code, it may cause
conflicts in the election, especially if it is an unopposed election. S.B.
1628 changes the election times of the Muenster Hospital District
(district) to correspond with the Election Code. This bill modifies
existing law to conform to the Election Code, as it relates to the method
of notice of an election of the directors of the district (director) and of
a person desiring to be on the ballot as a candidate for director.  

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 477, Acts of the 59th Legislature,
Regular Session, 1965, to require the election for directors of the
Muenster Hospital District (district) to be ordered in accordance with
Section 3.005 (Time for Ordinary Election), Election Code, rather than at
least 45 days prior to the date on which it is to be held. Requires any
person desiring his name to be printed on the ballot as a candidate for
director to file an application with the secretary of the board of
directors of the district, in accordance with  Section 144.005 (Filing
Deadline), Election Code, rather than at least 31 days prior to the date of
the election. Requires notice of such election to be published one time in
a newspaper of general circulation in the area of the district, in
accordance with Section 4.003(a)(1) (Method of Giving Notice), Election
Code, rather than at least 36 days before the election. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.