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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) and (s) and adding Subsections (t), (u), (v), (w), |
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(x), and (y) 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 trustees, or office of county school |
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superintendent is a party, it shall be wound down in the manner |
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described by Subsections (c)-(y) [(c)-(r)] of this section. |
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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 ownership of and responsibility for all |
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assets, liabilities, and contracts of the county board of |
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education, board of county school trustees, or dissolution |
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committee and shall take control of any funds of the dissolution |
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committee, including any sinking fund created by the dissolution |
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committee as provided by Subsection (h) of this section [the date
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all debt obligations of the county board of education or board of
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county school trustees are paid in full and all assets distributed
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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 adopted previously by the dissolution |
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committee until all debt of the county board of education or board |
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of county school trustees described in a final judgment of a |
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district court in litigation between the dissolution committee and |
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the county is discharged in accordance with the terms of that |
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judgment. Notwithstanding any other law, the commissioners court |
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is not required to take action each year to adopt the rate of the tax |
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authorized by this subsection. To the extent this subsection |
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conflicts with Subsection (m) of this section, this subsection |
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prevails. |
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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. Any delinquent tax shall be collected by the |
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commissioners court in the same manner that a delinquent county tax |
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is collected and used in accordance with administrative rule |
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adopted by the commissioner of education for delinquent taxes. |
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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, including: |
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(1) paying reasonable administrative expenses, |
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including legal fees and expenses; and |
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(2) employing any person needed to assist with the |
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abolishment and dissolution of the county board of education, |
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board of county school trustees, or dissolution committee. |
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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 to all students enrolled in the county in the |
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school year immediately preceding the distribution. To the extent |
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this subsection conflicts with Subsection (o) of this section, this |
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subsection prevails. |
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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. |