Texas Health and Safety Code
§ 263.029 — SALE OR LEASE OF HOSPITAL
HS § 263.029Title 4. HEALTH FACILITIES · Part C. LOCAL HOSPITALS · Ch. 263. COUNTY HOSPITALS AND OTHER HEALTH FACILITIES · Art. B. ESTABLISHING, ENLARGING, SELLING, AND CLOSING COUNTY HOSPITALS
Statute text
View on source(a)A county may sell or lease all or part of a county hospital or medical or other health facility operated by the county, including real property, if the commissioners court of the county, by order entered in the minutes of the court, finds that the sale or lease is in the best interest of the county.
(b)The commissioners court shall set a time and place for a hearing on the proposed sale or lease. The date of the hearing may not be earlier than the 16th day or later than the 30th day from the date of the order.
(c)The county clerk, immediately after the time and place of the hearing are set, shall give notice informing all qualified voters of the county and other persons interested in the issue of selling or leasing the hospital of the time and place of the hearing and their right to appear at the hearing and to speak for or against the proposed action. The county clerk shall publish notice once a week for two consecutive weeks in a newspaper published in the county. The first notice must be published not later than the 15th day before the date set for the hearing. If no newspaper is published in the county, the county clerk shall post the notice at the courthouse door for 14 days before the date set for the hearing.
(d)Ten percent or more of the qualified voters in the county may petition the commissioners court in writing before the time set for the hearing for a referendum on whether the hospital shall be sold or leased or shall continue under county operation. The commissioners court may not sell or lease the hospital unless the proposition to sell or lease the hospital is approved by a majority of the votes cast at the election. The election shall be held under and governed by the election provisions of Section 263.021.
(e)If no petition is filed with the county clerk, the commissioners court may conduct the hearing. Any person interested may appear in person or by attorney. The commissioners court may adjourn the hearing from day to day and from time to time as it considers necessary. On completion of the hearing, the commissioners court may enter an order determining whether or not to sell or lease the hospital. If the court finds that due notice was given, no petition was filed, and the proposed sale or lease is in the best interest of the county, the commissioners court may enter in its minutes an order that the hospital be sold or leased.
(f)The commissioners court may submit the issue of the sale or lease to the voters and withhold its final determination pending the election even if no petition is filed.
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Legislative history
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.