Texas Statutes (Last Updated: January 4, 2014) |
HEALTH AND SAFETY CODE |
Title 4. HEALTH FACILITIES |
Subtitle A. FINANCING, CONSTRUCTING, REGULATING, AND INSPECTING HEALTH FACILITIES |
Chapter 221. HEALTH FACILITIES DEVELOPMENT ACT |
Subchapter A. GENERAL PROVISIONS |
Sec. 221.003. DEFINITIONS
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In this chapter:
(1) "Board of directors" means the board of directors of a development corporation.
(2) "Bonds" includes notes, interim certificates, or other evidences of indebtedness of a development corporation issued under this chapter.
(3) "Cash management" means borrowing by a development corporation on behalf of a user to allow the user to manage the user's need for cash.
(4) "Cost," as applied to a health facility, includes:
(A) the cost of acquisition of land, a right-of-way, an option to purchase land, an easement, a leasehold estate in land, or another interest in land;
(B) the cost of acquisition, construction, repair, renovation, remodeling, or improvement of a structure used as, or in connection with, the health facility;
(C) the cost of site preparation, including demolition or removal of a structure as necessary or incident to providing the health facility;
(D) the cost of architectural, engineering, legal, or other related services;
(E) preparation cost of plans, specifications, studies, surveys, cost and revenue estimates, and other expenses necessary or incident to planning, providing, or determining the feasibility of the health facility;
(F) the cost of machinery, equipment, furnishings, and facilities necessary or incident to placing the health facility in operation;
(G) finance charges, interest, and marketing and start-up costs, before and during construction and for not more than two years after the date that construction is completed;
(H) costs incurred in connection with financing the health facility, including:
(i) amounts paid under Sections 221.061(c) and (d);
(ii) financing, legal, accounting, financial advisory, and appraisal fees, expenses, and disbursements;
(iii) the cost of a title insurance policy;
(iv) the cost of printing, engraving, and reproduction services; and
(v) the cost of a trustee's or paying agent's initial or acceptance fee;
(I) a cost of the development corporation incurred in connection with providing the health facility, including reasonable amounts to reimburse the development corporation for time spent by its agents or employees relating to providing the health facility and its financing; and
(J) the cost of financing, establishing, and funding a reserve fund for a self-insurance or risk management program, including the cost of preparation of a study, survey, or estimate of cost, revenue, risk, or liability or other cost or expense necessary or incident to planning, providing, or determining the feasibility and continuing program and operating costs of a self-insurance or risk management program.
(5) "Development corporation" means a health facilities development corporation created under this chapter.
(6) "Director" means a member of the board of directors.
(7) "District" means a hospital district created under state law.
(8) "Health facility" means property or an interest in property for which the board of directors finds that financing, refinancing, acquiring, providing, constructing, enlarging, remodeling, renovating, improving, furnishing, or equipping is required, necessary, or convenient for health care, research, or education, including:
(A) land, a building, equipment, machinery, furniture, a facility, or an improvement;
(B) a structure suitable for use as a:
(i) hospital, clinic, or health facility;
(ii) nursing home;
(iii) extended-care, outpatient, or rehabilitation facility;
(iv) pharmacy;
(v) medical or dental laboratory;
(vi) physicians' office building;
(vii) laundry, administrative, computer, communication, fire-fighting or fire-prevention, food service and preparation, storage, utility, or x-ray facility;
(viii) parking facility or area;
(ix) building related to a health care or health-care-related facility or system;
(x) multiunit housing facility for medical staff, nurses, interns, and other employees of a health care or health-care-related facility or system, for patients of a health care facility, or for relatives of those persons; or
(xi) medical or dental research or training facility or other facility used in the education or training of health care personnel;
(C) property or material used in landscaping, equipping, or furnishing a health care or health-care-related facility or similar items necessary or convenient for the operation of such a facility;
(D) an adult foster care facility, life care facility, retirement home, retirement village, home for the aging, or other facility that undertakes to furnish shelter, food, medical attention, nursing services, medical services, social activities, or other personal services or attention to an individual for more than one year; and
(E) any other structure, facility, or equipment related to or essential to the operation of a health care or health-care-related facility.
(9) "Resolution" means an action, including an order or ordinance, of a sponsoring entity's governing body.
(10) "Sponsoring entity" means a municipality, county, or district.
(11) "User" means a person who, as owner, lessee, or manager or through other authority, will occupy, operate, manage, or employ a health facility after the facility is financed, acquired, or constructed.