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A BILL TO BE ENTITLED
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AN ACT
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relating to abolishing a dissolution committee established to |
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abolish certain county boards of education or boards of county |
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school trustees and appointing commissioners courts to assume the |
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duties of the dissolution committee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15.001, Chapter 967 (S.B. 2065), Acts of |
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the 85th Legislature, Regular Session, 2017, is amended by amending |
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Subsections (b), (n), and (s) and adding Subsections (t), (u), (v), |
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(w), (x), (y), and (z) to read as follows: |
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(b) If on the effective date of this Act there is an existing |
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contract for transportation services to which a county board of |
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education, board of county school trustees, or office of county |
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school superintendent is a party, it shall be wound down in the |
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manner described by Subsections (c)-(z) [(c)-(r)] of this section. |
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(n) The [In the manner provided by rule of the commissioner
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of education, the] county shall collect and use any delinquent |
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taxes imposed by or on behalf of the county board of education or |
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board of county school trustees for payment of debt described by |
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Subsection (t) of this section. On completion of payment of all |
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debt described by Subsection (t) of this section, any delinquent |
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taxes collected under this subsection must be distributed on a |
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proportionate basis to the school districts in the county, based on |
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the percentage of each district's number of enrolled students in |
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the county to all students enrolled in the county in the school year |
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immediately preceding the year of the distribution. |
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(s) Any dissolution committee created as provided by this |
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Act is abolished on September 1, 2019, and all duties and |
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obligations of the committee are transferred to the commissioners |
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court of the county in which the county board of education or board |
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of county school trustees was located. On September 1, 2019, the |
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commissioners court assumes control of and responsibility for |
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administering all assets, liabilities, debts, contracts, and other |
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obligations of the county board of education, board of county |
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school trustees, or dissolution committee and shall take control of |
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any funds of the dissolution committee, including any sinking fund |
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created by the dissolution committee as provided by Subsection (h) |
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of this section. Any liability, debt, contract, or other |
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obligation of the county board of education, board of county school |
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trustees, or dissolution committee transferred to the county as |
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provided by this subsection may only be paid from the tax levied |
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under Subsection (t) of this section, the sinking fund created |
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under Subsection (h) of this section, and any funds transferred |
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from the committee to the commissioners court. County assets, |
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including tax revenue funds, may not be used to pay, and are not |
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subject to, any liability, debt, contract, or other obligation |
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transferred to the commissioners court under this subsection [the
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date all debt obligations of the county board of education or board
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of county school trustees are paid in full and all assets
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distributed to component school districts]. |
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(t) The commissioners court shall continue to assess, levy, |
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and collect any ad valorem tax adopted by the county board of |
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education, board of county school trustees, or dissolution |
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committee. The commissioners court shall continue to levy the tax |
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annually at the rate of one cent per $100 of ad valorem valuation, |
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as previously adopted by the dissolution committee, only until all |
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debt of the county board of education or board of county school |
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trustees described in a final judgment of a district court in |
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litigation between the dissolution committee and the county is |
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discharged in accordance with the terms of that judgment. |
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Notwithstanding Section 44.004, Education Code, Chapter 26, Tax |
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Code, or any other law, the commissioners court is not required to |
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calculate a rate, publish notice of a budget and tax rate hearing, |
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conduct a hearing, or take any other action each year to assess, |
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levy, and collect the tax authorized by this subsection. |
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(u) The commissioners court may deduct from the proceeds of |
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the ad valorem tax assessed, levied, and collected by the |
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commissioners court under Subsection (t) of this section a |
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reasonable and proportionate share for the administrative costs of |
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collecting the tax. |
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(v) The commissioners court shall pay all other debts or |
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claims not described by Subsection (t) of this section, including |
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claims for workers' compensation and unemployment compensation |
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filed on or before September 1, 2019, from funds reserved and |
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retained by the dissolution committee for that purpose. |
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(w) All claims against the county board of education, board |
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of county school trustees, or dissolution committee not filed on or |
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before September 1, 2019, are barred. A lawsuit may not be filed |
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against the county board of education, board of county school |
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trustees, or dissolution committee after September 1, 2019. This |
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provision takes precedence over any other statute of limitations. |
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(x) The commissioners court may use funds described by |
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Subsection (v) of this section to perform the duties related to the |
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abolishment of the dissolution committee and the administration of |
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the assets, liabilities, debts, contracts, or other obligations |
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transferred to the commissioners court, including: |
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(1) paying reasonable administrative expenses, |
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including legal fees and expenses incurred by the county or any |
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third party; and |
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(2) employing or contracting with any person needed to |
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assist with the abolishment and dissolution of the county board of |
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education, board of county school trustees, or dissolution |
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committee and the administration of the assets, liabilities, debts, |
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contracts, or other obligations transferred to the commissioners |
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court. |
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(y) On completion of payment of all debt as provided by |
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Subsection (t) of this section and any other debts or claims under |
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Subsection (v) of this section, any remaining money must be |
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distributed on a proportionate basis to the school districts in the |
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county, based on the percentage of each district's number of |
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enrolled students in the county to all students enrolled in the |
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county in the school year immediately preceding the year of the |
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distribution. To the extent this subsection conflicts with |
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Subsection (o) of this section, this subsection prevails. |
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(z) An ad valorem tax imposed under Subsection (t) of this |
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section is not considered to be an ad valorem tax imposed by the |
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county in which the county board of education, board of county |
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school trustees, or dissolution committee is located for purposes |
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of any constitutional or statutory limit on the ad valorem tax rate |
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of the county. |
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SECTION 2. Section 18, Chapter 925 (S.B. 1566), Acts of the |
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85th Legislature, Regular Session, 2017, is repealed. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |