| 1 | 1 | | 85R8405 CAE-F |
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| 2 | 2 | | By: Smithee H.B. No. 1759 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of an independent school district to |
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| 8 | 8 | | contract with a county for the design, improvement, or construction |
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| 9 | 9 | | of an instructional facility or stadium or other athletic facility. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 11.168(a), Education Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a) Except as provided by Subsection (b) or Section |
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| 14 | 14 | | 45.109(a-1), (a-2), [or] (a-3), or (a-4), the board of trustees of a |
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| 15 | 15 | | school district may not enter into an agreement authorizing the use |
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| 16 | 16 | | of school district employees, property, or resources for the |
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| 17 | 17 | | provision of materials or labor for the design, construction, or |
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| 18 | 18 | | renovation of improvements to real property not owned or leased by |
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| 19 | 19 | | the district. |
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| 20 | 20 | | SECTION 2. Section 45.109, Education Code, is amended by |
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| 21 | 21 | | adding Subsection (a-4) and amending Subsection (e) to read as |
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| 22 | 22 | | follows: |
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| 23 | 23 | | (a-4) An independent school district and any county in which |
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| 24 | 24 | | any territory included in the district is located may contract for |
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| 25 | 25 | | the district to contribute district resources to pay a portion of |
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| 26 | 26 | | the costs of the design, improvement, or construction of an |
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| 27 | 27 | | instructional facility or stadium or other athletic facility owned |
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| 28 | 28 | | by, on the property of, or under the control of the county. A |
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| 29 | 29 | | district may contribute district resources under this subsection |
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| 30 | 30 | | only if the district and county enter into a written agreement |
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| 31 | 31 | | authorizing the district to use that facility. |
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| 32 | 32 | | (e) An agreement entered into before the construction of an |
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| 33 | 33 | | instructional facility or[,] stadium[,] or other athletic |
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| 34 | 34 | | facility, as provided by Subsection (a-1), (a-2), [or] (a-3), or |
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| 35 | 35 | | (a-4) does not violate Section 11.169. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2017. |
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