85R8405 CAE-F
By: Smithee H.B. No. 1759
A BILL TO BE ENTITLED
AN ACT
relating to the authority of an independent school district to
contract with a county for the design, improvement, or construction
of an instructional facility or stadium or other athletic facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.168(a), Education Code, is amended to
read as follows:
(a) Except as provided by Subsection (b) or Section
45.109(a-1), (a-2), [or] (a-3), or (a-4), the board of trustees of a
school district may not enter into an agreement authorizing the use
of school district employees, property, or resources for the
provision of materials or labor for the design, construction, or
renovation of improvements to real property not owned or leased by
the district.
SECTION 2. Section 45.109, Education Code, is amended by
adding Subsection (a-4) and amending Subsection (e) to read as
follows:
(a-4) An independent school district and any county in which
any territory included in the district is located may contract for
the district to contribute district resources to pay a portion of
the costs of the design, improvement, or construction of an
instructional facility or stadium or other athletic facility owned
by, on the property of, or under the control of the county. A
district may contribute district resources under this subsection
only if the district and county enter into a written agreement
authorizing the district to use that facility.
(e) An agreement entered into before the construction of an
instructional facility or[,] stadium[,] or other athletic
facility, as provided by Subsection (a-1), (a-2), [or] (a-3), or
(a-4) does not violate Section 11.169.
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, 2017.