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House Bill 1734 |
House Author: Holland et al. |
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Effective: 9-1-19 |
Senate Sponsor: Lucio |
House Bill 1734 amends the Education Code to revise provisions relating to actions brought by a public school district for the defective design, construction, renovation, or improvement of an instructional facility. The bill makes certain of those provisions applicable to any type of district facility financed by bonds and sets out requirements for the notice that a district bringing such an action must provide to the commissioner of education, including a requirement that the notice include an itemized list of the defects for which the district is seeking damages. The bill provides for the dismissal of an action for which the requisite notice is not provided.
House Bill 1734 expands the purposes for which the net proceeds from an applicable action may be used and requires a district to provide an itemized accounting of any repairs made using the proceeds. The bill authorizes the attorney general to bring an action on behalf of the state to enjoin a district from violating certain duties relating to the use of such proceeds and sets out provisions authorizing appropriate relief. The bill requires the attorney general to submit an annual report on any such enforcement actions brought by the attorney general during the preceding year.