§ 221.030 — CORPORATION'S GENERAL POWERS.

Texas § 221.030

• Jurisdiction: Texas
• Code HS: Health and Safety Code

Text

Sec. 221.030. CORPORATION'S GENERAL POWERS. (a) Subject to Section 221.035 , a development corporation has the rights and powers necessary or convenient to accomplish the corporation's purposes, including the power to:
(1) acquire, by purchase, devise, gift, lease, or a combination of those methods, construct, or improve, or cause a user to acquire, construct, or improve, one or more health facilities located in the state and located:
(A) wholly or partly within the limits of the sponsoring entity; or
(B) outside the limits of the sponsoring entity, with the consent of each other sponsoring entity in which the health facility is or is to be located;
(2) lease as lessor all or part of a health facility for the rental amount and on the terms and conditions that the corporation considers advisable;
(3) sell for installment payments or other method of payment, option or contract for sale, and convey all or part of a health facility for the price and on the terms and conditions that the corporation considers advisable;
(4) make a contract, incur a liability, borrow money at a rate of interest the corporation determines, and secure bonds or obligations by mortgage or pledge of all or part of the corporation's property, franchises, and income;
(5) make a secured or unsecured loan to provide temporary or permanent financing or refinancing of all or part of the cost of a health facility, including refunding of an outstanding obligation, mortgage, or advance issued, made, or given by a person for the cost of a health facility;
(6) charge and collect interest on a loan for the loan payments and on the terms that the board of directors considers advisable;
(7) lend money for its corporate purposes, invest and reinvest corporate funds, and take and hold property as security for the payment of the money loaned or invested;
(8) purchase, receive, lease, or acquire in another manner, own, hold, improve, or use property or an interest in property, or deal in any other manner in or with that property, regardless of location, as the purposes of the corporation require or, if the property is donated, subject to the terms of the donation;
(9) sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or part of the corporation's property and assets;
(10) appoint agents of the corporation for the period the corporation determines, and determine their duties;
(11) sue, be sued, complain, and defend in its corporate name; and
(12) have a corporate seal, which the corporation may alter as it considers necessary, and use the seal by having it or a facsimile of it impressed on, affixed to, or reproduced on an instrument required or authorized to be executed by the corporation's proper officers.
(b) A development corporation may not incur a financial obligation under this chapter unless it is payable solely from:
(1) bond proceeds;
(2) revenue derived from the lease or sale of a health facility or from a loan made by a corporation to finance or refinance a health facility in whole or part;
(3) revenue derived from operating a health facility; or
(4) other revenue provided by a user of a health facility.
(c) A sponsoring entity may not delegate to a development corporation the power of taxation or eminent domain, police power, or an equivalent sovereign power of the state or the sponsoring entity.
(d) This section does not authorize a corporate director or officer to exercise a power enumerated by this section in a manner inconsistent with the development corporation's articles of incorporation or bylaws or beyond the scope of the corporation's purposes.

Legislative History

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.