Texas § HS.262.012 - APPOINTMENT OF BOARD

§ HS.262.012. APPOINTMENT OF BOARD

APPOINTMENT OF BOARD; TERMS OF OFFICE. (a) The governing body or governing bodies shall appoint the initial directors of the authority for terms not to exceed two years except as otherwise provided by this section. If the authority includes more than one municipality, each governing body shall appoint an equal number of directors unless the governing bodies agree otherwise. (b) The board may prescribe in the resolution authorizing the issuance of revenue bonds or the trust indenture securing the bonds, in an agreement securing notes of any kind issued by the authority, or in another resolution the method of selecting the directors and the term of office of those directors. Except as provided by Subsections (c), (d), and (e), the method of selecting the directors and the term of office of those directors prescribed by the board may not be changed except by a subsequent resolution adopted by the board. The terms of directors appointed before the issuance of the bonds are subject to the resolution or trust indenture. The governing body or governing bodies shall appoint any remaining directors. (c) The trust indenture may provide that in the event of a default, as defined in the trust indenture, the trustee may appoint all directors. On that appointment, the terms of the directors in office terminate. (d) If the authority purchases an existing hospital or a hospital under construction from a nonprofit corporation, the directors shall be determined as provided in the contract of purchase. (e) If the authority is financed under Chapter 223 , the governing body or governing bodies by ordinance may require the board to submit nominees for appointment to the board. If a nominee is rejected by the governing body or governing bodies, the board shall submit another nominee. The governing body or governing bodies shall select the directors from the nominees submitted by the board and any other nominee submitted by a member of a governing body. The governing body or governing bodies may also limit the number of successive terms that a director may serve. (f) An officer or employee of a municipality in the authority or an employee of the authority is not eligible for appointment as a director. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by: Acts 2025, 89th Leg., R.S., Ch. 349 (H.B. 3788 ), Sec. 2, eff. September 1, 2025.