| (a) The council shall make periodic distributions of
money allocated to hospital districts under Government Code, §403.508(a)(2).
(b) The council shall distribute money under subsection
(a) of this section when, based on the total amount of money to be
distributed, the smallest amount of the money that would be allocated
to an individual hospital district equals at least $1,000. Additionally,
the council may, at the council's discretion, distribute money under
subsection (a) of this section when, based on the total amount of
money to be distributed, an individual hospital district would receive
less than $1000.
(c) The total amount of each distribution of money
under subsection (a) of this section shall be determined by the council.
(d) The initial distribution of money under subsection
(a) of this section shall be allocated as follows:
(1) to the hospital districts listed in subsection
(f) of this section in the dollar amounts listed in that subsection;
and
(2) the remainder to the hospital districts listed
in subsection (g) of this section in amounts determined by multiplying
the percentages listed in that subsection by the remaining amount
to be distributed.
(e) Any subsequent distributions of money under subsection
(a) of this section shall be allocated to the hospital districts listed
in subsection (g) of this section in amounts determined by multiplying
the percentages listed in that subsection by the amount to be distributed.
(f) Group One:
Attached Graphic
(g) Group Two:
Attached Graphic
(h) Amounts allocated under subsections (d)(2) and
(e) of this section may be rounded down to the nearest whole dollar.
Any remaining money caused by rounding shall be retained for future
allocation to hospital districts under this section.
(i) Prior to, and as a condition of, receiving a distribution
of money under subsection (a) of this section, a hospital district
listed in subsection (f) or (g) of this section must, for each distribution:
(1) submit to the director a resolution from the hospital
district's governing body that:
(A) designates, by name and title, an authorized official
who has the authority to act on behalf of the hospital district in
all matters related to the distribution, including the authority to
sign all official documents related to the distribution;
(B) affirms that the hospital district will use all
money received by the hospital district under this section:
(i) to remediate the opioid crisis, including providing
assistance in one or more of the categories described in §16.201(b)
of this subchapter; or
(ii) if a court order or settlement agreement requires
the money to be used for one or more specific purposes, for a permissible
use provided by that court order or settlement agreement; and
(C) affirms that, in the event of loss or misuse of
grant funds, the hospital district shall return all funds to the council;
(2) submit to the director in a form acceptable to
the director:
(A) the authorized official's title, mailing address,
telephone number, and email address;
(B) the hospital district's physical address; and
(C) any other documents or information required by
the director, including any documents or information required for
the secure transfer of money to the hospital district or required
by a court order or settlement agreement that applies to all or a
portion of the money being distributed;
(3) if there is a change of authorized official, submit
to the director a new resolution from the hospital district's governing
body that contains the information required under paragraph (1) of
this subsection;
(4) notify the director as soon as practicable of any
change in the information provided under paragraph (2) of this subsection;
(5) be in compliance with subsection (j) of this section
for any prior distributions; and
(6) be in compliance with the reporting requirements
in subsection (l) of this section for any prior distributions.
(j) Money received by a hospital district under this
section must be used by the hospital district for the purposes described
in subsection (i)(1)(B) of this section.
(k) If a hospital district does not satisfy the requirements
to receive a distribution under subsection (i) of this section, the
distribution to that hospital district may be cancelled and, if cancelled,
the money shall be retained by the council for future allocation to
hospital districts under this section.
(l) A hospital district that receives a distribution
of money under this section must submit periodic reports to the director
to ensure that the hospital district complies with subsection (j)
of this section. The frequency, format, and requirements of the reports
shall be determined at the discretion of the director.
(m) The council may monitor a hospital district that
receives money under this section to ensure that the hospital district
complies with subsection (j) of this section.
(n) If the council finds that a hospital district has
failed to comply with the requirements of subsection (j) of this section,
the council may do one or more of the following:
(1) instruct the director to provide the hospital district
written notice of the alleged failure to comply;
(2) provide the hospital district with an opportunity
to respond;
(3) require the hospital district to cure the failure
to comply to the satisfaction of the council;
(4) require the hospital district to refund to the
council all or a portion of the money received by the hospital district
under this section; and
(5) exercise any other legal remedies available at
law.
(o) Money refunded to the council under subsection
(n) of this section shall be retained by the council for future allocation
to hospital districts under this section.
(p) Except as otherwise provided in this section, this
section and §16.200 of this subchapter are the only provisions
in this subchapter that apply to the allocation of money to hospital
districts under Government Code, §403.508(a)(2).
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