Texas 2019 - 86th Regular

Texas House Bill HB4625 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R770 CAE-D
2	2	By: Swanson H.B. No. 4625
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 3.3 million or more is abolished
14	14	effective September 1, 2021, unless the continuation of the county
15	15	board of education, board of county school trustees, and office of
16	16	county school superintendent is approved by a majority of voters at
17	17	an election held on the November 2020 uniform election date in the
18	18	county in which the county board of education, board of county
19	19	school trustees, and office of county school superintendent are
20	20	located. Subsections (b)-(o) of this section do not take effect in
21	21	a county if the continuation of the county board of education, board
22	22	of county school trustees, and office of county school
23	23	superintendent is approved at the election held in the county under
24	24	this subsection.
25	25	(b) Not later than January 1, 2021, a dissolution committee
26	26	shall be formed for each county board of education or board of
27	27	county school trustees to be abolished as provided by Subsection
28	28	(a) of this section. The dissolution committee is responsible for
29	29	all financial decisions for each county board of education or board
30	30	of county school trustees abolished by this Act, including asset
31	31	distribution and payment of all debt obligations.
32	32	(c) A dissolution committee required by this Act shall be
33	33	appointed by the comptroller and include:
34	34	(1) one financial advisor;
35	35	(2) the superintendent of the participating component
36	36	school district with the largest number of students in average
37	37	daily attendance or the superintendent's designee;
38	38	(3) one certified public accountant;
39	39	(4) one auditor who holds a license or other
40	40	professional credential;
41	41	(5) one bond counsel who holds a license or other
42	42	professional credential; and
43	43	(6) one person appointed by the commissioner of
44	44	education.
45	45	(d) A dissolution committee created under this Act is
46	46	subject to the open meetings requirements under Chapter 551,
47	47	Government Code, and public information requirements under Chapter
48	48	552, Government Code.
49	49	(e) Members of a dissolution committee may not receive
50	50	compensation but are entitled to reimbursement for actual and
51	51	necessary expenses incurred in performing the functions of the
52	52	dissolution committee.
53	53	(f) Subject to the other requirements of this Act, the
54	54	dissolution committee shall determine the manner in which all
55	55	assets, liabilities, contracts, and services of the county board of
56	56	education or board of county school trustees abolished by this Act
57	57	are divided, transferred, or discontinued. The dissolution
58	58	committee shall create a sinking fund to deposit all money received
59	59	in the abolishment of each county board of education or board of
60	60	county school trustees for the payment of all debts of the county
61	61	board of education or board of county school trustees.
62	62	(g) The dissolution committee may employ one person to
63	63	assist in the abolishment of the county board of education or board
64	64	of county school trustees.
65	65	(h) On September 1, 2021, the participating component
66	66	school district with the largest number of students in average
67	67	daily attendance has the right of first refusal to buy, at fair
68	68	market value, the administrative building of the county board of
69	69	education or board of county school trustees.
70	70	(i) An ad valorem tax assessed by a county board of
71	71	education or board of county school trustees shall continue to be
72	72	assessed by the county on behalf of the board for the purpose of
73	73	paying the principal of and interest on any bonds issued by the
74	74	county board of education or board of county school trustees until
75	75	all bonds are paid in full. This subsection applies only to a bond
76	76	issued before the effective date of this Act for which the tax
77	77	receipts were obligated. On payment of all bonds issued by the
78	78	county board of education or board of county school trustees the ad
79	79	valorem tax may not be assessed.
80	80	(j) In the manner provided by rule of the commissioner of
81	81	education, the county shall collect and use any delinquent taxes
82	82	imposed by or on behalf of the county board of education or board of
83	83	county school trustees.
84	84	(k) The dissolution committee shall distribute the assets
85	85	remaining after discharge of the liabilities of the county board of
86	86	education or board of county school trustees to the component
87	87	school districts in the county in proportionate shares equal to the
88	88	proportion that the amount of money a district has submitted to the
89	89	county board of education or board of county school trustees has to
90	90	the total amount of money submitted by all districts. The
91	91	dissolution committee shall liquidate board assets as necessary to
92	92	discharge board liabilities and facilitate the distribution of
93	93	assets. A person authorized by the dissolution committee shall
94	94	execute any documents necessary to complete the transfer of assets,
95	95	liabilities, or contracts.
96	96	(l) The dissolution committee shall encourage the component
97	97	school districts to:
98	98	(1) continue sharing services received through the
99	99	county board of education or board of county school trustees; and
100	100	(2) give preference to private sector contractors to
101	101	continue services provided by the county board of education or
102	102	board of county school trustees.
103	103	(m) The chief financial officer and financial advisor for
104	104	the county board of education or board of county school trustees
105	105	shall provide assistance to the dissolution committee in abolishing
106	106	the county board of education or board of county school trustees.
107	107	(n) The Texas Education Agency shall provide assistance to a
108	108	dissolution committee in the distribution of assets, liabilities,
109	109	contracts, and services of a county board of education or board of
110	110	county school trustees abolished by this Act.
111	111	(o) Any dissolution committee created as provided by this
112	112	Act is abolished on the date all debt obligations of the county
113	113	board of education or board of county school trustees are paid in
114	114	full and all assets distributed to component school districts.
115	115	SECTION 2. Section 52.092(e), Election Code, is amended to
116	116	read as follows:
117	117	(e) County offices shall be listed in the following order:
118	118	(1) county judge;
119	119	(2) judge, county court at law;
120	120	(3) judge, county criminal court;
121	121	(4) judge, county probate court;
122	122	(5) county attorney;
123	123	(6) district clerk;
124	124	(7) district and county clerk;
125	125	(8) county clerk;
126	126	(9) sheriff;
127	127	(10) sheriff and tax assessor-collector;
128	128	(11) county tax assessor-collector;
129	129	(12) county treasurer;
130	130	(13) [county school trustee (county with population of
131	131	3.3 million or more);
132	132	[(14)] county surveyor.
133	133	SECTION 3. Chapter 595 (H.B. 689), Acts of the 59th
134	134	Legislature, Regular Session, 1965 (Article 2676c, Vernon's Texas
135	135	Civil Statutes), is repealed.
136	136	SECTION 4. This Act takes effect September 1, 2019.