86R9123 CAE-D
 
  By: West S.B. No. 2018
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to abolishing a dissolution committee established to
  abolish certain county boards of education or boards of county
  school trustees and appointing commissioners courts to assume the
  duties of the dissolution committee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 15.001, Chapter 967 (S.B. 2065), Acts of
  the 85th Legislature, Regular Session, 2017, is amended by amending
  Subsections (b) and (s) and adding Subsections (t), (u), (v), (w),
  (x), and (y) to read as follows:
         (b)  If on the effective date of this Act there is an existing
  contract for transportation services to which a county board of
  education, board of county trustees, or office of county school
  superintendent is a party, it shall be wound down in the manner
  described by Subsections (c)-(y) [(c)-(r)] of this section.
         (s)  Any dissolution committee created as provided by this
  Act is abolished on September 1, 2019, and all duties and
  obligations of the committee are transferred to the commissioners
  court of the county in which the county board of education or board
  of county school trustees was located. On September 1, 2019, the
  commissioners court assumes ownership of and responsibility for all
  assets, liabilities, and contracts of the county board of
  education, board of county school trustees, or dissolution
  committee and shall take control of any funds of the dissolution
  committee, including any sinking fund created by the dissolution
  committee as provided by Subsection (h) of this section [the date
  all debt obligations of the county board of education or board of
  county school trustees are paid in full and all assets distributed
  to component school districts].
         (t)  The commissioners court shall continue to assess, levy,
  and collect any ad valorem tax adopted by the county board of
  education, board of county school trustees, or dissolution
  committee. The commissioners court shall continue to levy the tax
  annually at the rate adopted previously by the dissolution
  committee until all debt of the county board of education or board
  of county school trustees described in a final judgment of a
  district court in litigation between the dissolution committee and
  the county is discharged in accordance with the terms of that
  judgment.  Notwithstanding any other law, the commissioners court
  is not required to take action each year to adopt the rate of the tax
  authorized by this subsection.  To the extent this subsection
  conflicts with Subsection (m) of this section, this subsection
  prevails.
         (u)  The commissioners court may deduct from the proceeds of
  the ad valorem tax assessed, levied, and collected by the
  commissioners court under Subsection (t) of this section a
  reasonable and proportionate share for the administrative costs of
  collecting the tax. Any delinquent tax shall be collected by the
  commissioners court in the same manner that a delinquent county tax
  is collected and used in accordance with administrative rule
  adopted by the commissioner of education for delinquent taxes.
         (v)  The commissioners court shall pay all other debts or
  claims not described by Subsection (t) of this section, including
  claims for workers' compensation and unemployment compensation
  filed on or before September 1, 2019, from funds reserved and
  retained by the dissolution committee for that purpose. 
         (w)  All claims against the county board of education, board
  of county school trustees, or dissolution committee not filed on or
  before September 1, 2019, are barred. A lawsuit may not be filed
  against the county board of education, board of county school
  trustees, or dissolution committee after September 1, 2019. This
  provision takes precedence over any other statute of limitations.
         (x)  The commissioners court may use funds described by
  Subsection (v) of this section to perform the duties related to the
  abolishment of the dissolution committee, including:
               (1)  paying reasonable administrative expenses,
  including legal fees and expenses; and
               (2)  employing any person needed to assist with the
  abolishment and dissolution of the county board of education,
  board of county school trustees, or dissolution committee.
         (y)  On completion of payment of all debt as provided by
  Subsection (t) of this section and any other debts or claims under
  Subsection (v) of this section, any remaining money must be
  distributed on a proportionate basis to the school districts in the
  county, based on the percentage of each district's number of
  enrolled students to all students enrolled in the county in the
  school year immediately preceding the distribution.  To the extent
  this subsection conflicts with Subsection (o) of this section, this
  subsection prevails.
         SECTION 2.  Section 18, Chapter 925 (S.B.  1566), Acts of the
  85th Legislature, Regular Session, 2017, is repealed.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.