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A BILL TO BE ENTITLED
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AN ACT
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relating to litigation involving certain defects in school district |
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instructional facilities and enforcement of certain duties |
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following that litigation; authorizing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.0111, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (f) to read as |
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follows: |
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(b) A school district that brings an action for recovery of |
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damages for the defective design, construction, renovation, or |
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improvement of an instructional facility financed by bonds for |
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which the district receives state assistance under this subchapter |
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shall provide the commissioner with written notice of the action, |
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including a copy of the petition, by registered or certified mail, |
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return receipt requested, not later than the 10th day after the date |
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the action is filed. If the school district fails to comply with |
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this subsection, the court or an arbitrator or other adjudicating |
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authority shall dismiss the action. |
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(f) A school district shall provide to the commissioner an |
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itemized accounting of any repairs made under Subsection (d). |
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SECTION 2. Subchapter A, Chapter 46, Education Code, is |
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amended by adding Section 46.0112 to read as follows: |
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Sec. 46.0112. ATTORNEY GENERAL ENFORCEMENT OF SCHOOL |
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DISTRICT DUTIES FOLLOWING CERTAIN ACTIONS; REPORT. (a) If the |
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attorney general believes that a school district has violated or is |
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violating Section 46.0111(d) or (e), the attorney general may bring |
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an action on behalf of the state to enjoin the school district from |
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violating those sections. |
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(b) In an action brought under Subsection (a), the attorney |
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general may request and the court may order any other appropriate |
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relief that is in the public interest, including payment of: |
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(1) a civil penalty in an amount not to exceed $50,000 |
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for each violation of Section 46.0111(d) or (e); |
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(2) the attorney general's reasonable costs for |
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investigating and prosecuting the violation; or |
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(3) the amount of the state's share under Section |
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46.0111(e). |
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(c) Not later than December 1 of each year, the attorney |
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general shall submit to the governor, the lieutenant governor, the |
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members of the legislature, and the commissioner a report on any |
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actions brought under this section during the preceding year. The |
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report must include the following information for each action: |
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(1) the filing date; |
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(2) the cause number; |
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(3) the school district that is the subject of the |
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action; and |
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(4) the court in which the action was brought. |
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SECTION 3. Section 46.0111(b), Education Code, as amended |
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by this Act, applies only to an action brought on or after the |
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effective date of this Act. An action brought before the effective |
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date of this Act is governed by the law applicable to the action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |