Texas 2017 - 85th Regular

Texas Senate Bill SB1122 Compare Versions

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Version 2 (New)

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1	1	By: Huffines, et al. S.B. No. 1122
2	2	(Anchia)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to abolishing certain county boards of education, boards
8	8	of county school trustees, and offices of county school
9	9	superintendent.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. (a) Each county board of education, board of
12	12	county school trustees, and office of county school superintendent
13	13	in a county with a population of 2.2 million or more and that is
14	14	adjacent to a county with a population of more than 800,000 is
15	15	abolished effective November 15, 2017, unless the continuation of
16	16	the county board of education, board of county school trustees, and
17	17	office of county school superintendent is approved by a majority of
18	18	voters at an election held on the November 2017 uniform election
19	19	date in the county in which the county board of education, board of
20	20	county school trustees, and office of county school superintendent
21	21	are located. Subsections (b)-(q) of this section do not take effect
22	22	in a county if the continuation of the county board of education,
23	23	board of county school trustees, and office of county school
24	24	superintendent is approved at the election held in the county under
25	25	this subsection.
26	26	(b) Not later than November 15, 2017, a dissolution
27	27	committee shall be formed for each county board of education or
28	28	board of county school trustees to be abolished as provided by
29	29	Subsection (a) of this section. The dissolution committee is
30	30	responsible for all financial decisions for each county board of
31	31	education or board of county school trustees abolished by this Act,
32	32	including asset distribution and payment of all debt obligations.
33	33	(c) A dissolution committee required by this Act shall be
34	34	appointed by the comptroller and include:
35	35	(1) one financial advisor;
36	36	(2) the superintendent of the participating component
37	37	school district with the largest number of students in average
38	38	daily attendance or the superintendent's designee;
39	39	(3) one certified public accountant;
40	40	(4) one auditor who holds a license or other
41	41	professional credential; and
42	42	(5) one bond counsel who holds a license or other
43	43	professional credential.
44	44	(d) A dissolution committee created under this Act is
45	45	subject to the open meetings requirements under Chapter 551,
46	46	Government Code, and public information requirements under Chapter
47	47	552, Government Code.
48	48	(e) Members of a dissolution committee may not receive
49	49	compensation but are entitled to reimbursement for actual and
50	50	necessary expenses incurred in performing the functions of the
51	51	dissolution committee.
52	52	(f) Subject to the other requirements of this Act, the
53	53	dissolution committee shall determine the manner in which all
54	54	assets, liabilities, contracts, and services of the county board of
55	55	education or board of county school trustees abolished by this Act
56	56	are divided, transferred, or discontinued. The dissolution
57	57	committee shall create a sinking fund to deposit all money received
58	58	in the abolishment of each county board of education or board of
59	59	county school trustees for the payment of all debts of the county
60	60	board of education or board of county school trustees.
61	61	(g) The dissolution committee shall continue providing
62	62	transportation services to participating component school
63	63	districts for the 2017-2018 school year. The dissolution committee
64	64	shall maintain current operations and personnel needed to provide
65	65	the transportation services.
66	66	(h) At the end of the 2017-2018 school year all school
67	67	buses, vehicles, and bus service centers shall be transferred to
68	68	participating component school districts in proportionate shares
69	69	equal to the proportion that the membership in each district bears
70	70	to total membership in the county as of September 1, 2018, at no
71	71	cost to the districts.
72	72	(i) The dissolution committee may employ for the 2017-2018
73	73	school year one person to assist in the abolishment of the county
74	74	board of education or board of county school trustees.
75	75	(j) On September 1, 2017, the participating component
76	76	school district with the largest number of students in average
77	77	daily attendance has the right of first refusal to buy, at fair
78	78	market value, the administrative building of the county board of
79	79	education or board of county school trustees.
80	80	(k) An ad valorem tax assessed by a county board of
81	81	education or board of county school trustees shall continue to be
82	82	assessed by the county on behalf of the board for the purpose of
83	83	paying the principal of and interest on any bonds issued by the
84	84	county board of education or board of county school trustees until
85	85	all bonds are paid in full. This subsection applies only to a bond
86	86	issued before the effective date of this Act for which the tax
87	87	receipts were obligated. On payment of all bonds issued by the
88	88	county board of education or board of county school trustees the ad
89	89	valorem tax may not be assessed.
90	90	(l) In the manner provided by rule of the commissioner of
91	91	education, the county shall collect and use any delinquent taxes
92	92	imposed by or on behalf of the county board of education or board of
93	93	county school trustees.
94	94	(m) The dissolution committee shall distribute the assets
95	95	remaining after discharge of the liabilities of the county board of
96	96	education or board of county school trustees to the component
97	97	school districts in the county in proportionate shares equal to the
98	98	proportion that the membership in each district bears to total
99	99	membership in the county as of September 1, 2017. The dissolution
100	100	committee shall liquidate board assets as necessary to discharge
101	101	board liabilities and facilitate the distribution of assets. A
102	102	person authorized by the dissolution committee shall execute any
103	103	documents necessary to complete the transfer of assets,
104	104	liabilities, or contracts.
105	105	(n) The dissolution committee shall encourage the component
106	106	school districts to:
107	107	(1) continue sharing services received through the
108	108	county board of education or board of county school trustees; and
109	109	(2) give preference to private sector contractors to
110	110	continue services provided by the county board of education or
111	111	board of county school trustees.
112	112	(o) The chief financial officer and financial advisor for
113	113	the county board of education or board of county school trustees
114	114	shall provide assistance to the dissolution committee in abolishing
115	115	the county board of education or board of county school trustees.
116	116	(p) The Texas Education Agency shall provide assistance to a
117	117	dissolution committee in the distribution of assets, liabilities,
118	118	contracts, and services of a county board of education or board of
119	119	county school trustees abolished by this Act.
120	120	(q) Any dissolution committee created as provided by this
121	121	Act is abolished on the date all debt obligations of the county
122	122	board of education or board of county school trustees are paid in
123	123	full and all assets distributed to component school districts.
124	124	SECTION 2. Chapter 266 (S.B. 394), Acts of the 40th
125	125	Legislature, Regular Session, 1927 (Article 2700a, Vernon's Texas
126	126	Civil Statutes), is repealed.
127	127	SECTION 3. This Act takes effect September 1, 2017.