Will SCHD President Chip Harrison attempt to declare 'State of Civil Emergency' for Hospital District?
30 January 2016 at 6:01:18 PM
On Friday notice was sent out to the board members, I am one of them, for a meeting notice for this Tuesday Feb 2, 2016 at the Glen Rose Medical Center board room next to the office of the CEO.
At this meeting there are a handful of agenda items:
1. Call to Order
2. Record of Attendance
3. Discuss and if necesssary take action on the request by Somervell County Hospital District to Somervell County to provide assistance in the payments of bond principle to Regions Bank as provided for in Government Code Chapter 791, Section 791.027.
4. Discuss and if necessary take action on the authorization of Board President to sign an Interlocal Agreement between Somervell County Hospital District and Somervell County related to the assistance provided by Somervell County to Somervell County Hospital District for the payment of bond principle to Regions Bank as provided for in Government Code Chapter 791, Section 791.027.
5. Discuss and if necessary take action on the approval of paying the intereste and extending the due date by up to 150 days of two bank loans with Interbank.
Now you can tell this was written by a lawyer, I'll let you guess which one it was. In my opinion they purposely muddy the waters in this agenda to make it look like business as usual but it's not if you pay attention to the details. The key here is looking up 791.027 of Government Code which states:
Sec. 791.027. EMERGENCY ASSISTANCE. (a) A local government may provide emergency assistance to another local government, whether or not the local governments have previously agreed or contracted to provide that kind of assistance, if:
(1) in the opinion of the presiding officer of the governing body of the local government desiring emergency assistance, a state of civil emergency exists in the local government that requires assistance from another local government and the presiding officer requests the assistance; and
(2) before the emergency assistance is provided, the governing body of the local government that is to provide the assistance authorizes that local government to provide the assistance by resolution or other official action.
(b) This section does not apply to emergency assistance provided by law enforcement officers under Chapter 362, Local Government Code.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.
So in order to request assistance under this chapter the President, in this case Chip Harrison would have to attempt to say that in his opinion the Somervell County Hospital District is in A STATE OF CIVIL EMERGENCY is how I read this because there is an AND between one and two which means they both have to be 1 for it to apply.
Meanwhile the chapter of law that the Hospital District was created under, Chapter 286 of the Texas Health and Safety Code, says that the County "MAY NOT levy taxes or issue bonds or OTHER OBLIGATIONS for hospital purposes or for providing medical care for the residents of the District." so why is the Hospital District asking the County for assistance which the County MAY NOT do under the Hostpital District's own chapter?
Sec. 286.072. LIMITATION ON GOVERNMENTAL ENTITY. On or after creation of the district, a county, municipality, or other governmental entity in which the district is located may not levy taxes or issue bonds or other obligations for hospital purposes or for providing medical care for the residents of the district.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 121, eff. Sept. 1, 1991.
Here's a hint, last Thursday on 1/28/2016 at the Hospital District meeting, 5 members voted to spend another $215,000 in Pecan Plantation in Hood County, outside the District. Here's a video clip of that
Before that vote or discussion happened the administration told us that we only received HALF the money they expected from Luminant which means in my opinion if the President Chip Harrison really believed we were in a state of CIVIL EMERGENCY he would not have voted to approved $215,000 to be spent OUTSIDE the District which doesn't benefit the taxpayers in Somervell County in any way. But he did vote for it and now wants to act like the Hospital District is in an emergency situation but somehow is still able to fund the Pecan Plantation clinic in Hood County.
Note the last part of the agenda...in my opinion now they want to punt paying loans and just pay interest all because they have been reckless with public funds and spent them all outside the District over the last two years trying to expand the operations in Pecan Plantation outside of the taxing District acting like a for-profit corporation instead of the local non-profit I believe it should be.
Reminds me of this lady that spent all her money on lottery tickets then lost so she setup a go fund me account begging for donations.
The meeting is Tuesday Feb 2 at the hospital board room at 5:30pm, the public is encouraged to attend!! I will see you at the meeting!