86R770 CAE-D
By: Swanson H.B. No. 4625
A BILL TO BE ENTITLED
AN ACT
relating to abolishing certain county boards of education, boards
of county school trustees, and offices of county school
superintendent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Each county board of education, board of
county school trustees, and office of county school superintendent
in a county with a population of 3.3 million or more is abolished
effective September 1, 2021, unless the continuation of the county
board of education, board of county school trustees, and office of
county school superintendent is approved by a majority of voters at
an election held on the November 2020 uniform election date in the
county in which the county board of education, board of county
school trustees, and office of county school superintendent are
located. Subsections (b)-(o) of this section do not take effect in
a county if the continuation of the county board of education, board
of county school trustees, and office of county school
superintendent is approved at the election held in the county under
this subsection.
(b) Not later than January 1, 2021, a dissolution committee
shall be formed for each county board of education or board of
county school trustees to be abolished as provided by Subsection
(a) of this section. The dissolution committee is responsible for
all financial decisions for each county board of education or board
of county school trustees abolished by this Act, including asset
distribution and payment of all debt obligations.
(c) A dissolution committee required by this Act shall be
appointed by the comptroller and include:
(1) one financial advisor;
(2) the superintendent of the participating component
school district with the largest number of students in average
daily attendance or the superintendent's designee;
(3) one certified public accountant;
(4) one auditor who holds a license or other
professional credential;
(5) one bond counsel who holds a license or other
professional credential; and
(6) one person appointed by the commissioner of
education.
(d) A dissolution committee created under this Act is
subject to the open meetings requirements under Chapter 551,
Government Code, and public information requirements under Chapter
552, Government Code.
(e) Members of a dissolution committee may not receive
compensation but are entitled to reimbursement for actual and
necessary expenses incurred in performing the functions of the
dissolution committee.
(f) Subject to the other requirements of this Act, the
dissolution committee shall determine the manner in which all
assets, liabilities, contracts, and services of the county board of
education or board of county school trustees abolished by this Act
are divided, transferred, or discontinued. The dissolution
committee shall create a sinking fund to deposit all money received
in the abolishment of each county board of education or board of
county school trustees for the payment of all debts of the county
board of education or board of county school trustees.
(g) The dissolution committee may employ one person to
assist in the abolishment of the county board of education or board
of county school trustees.
(h) On September 1, 2021, the participating component
school district with the largest number of students in average
daily attendance has the right of first refusal to buy, at fair
market value, the administrative building of the county board of
education or board of county school trustees.
(i) An ad valorem tax assessed by a county board of
education or board of county school trustees shall continue to be
assessed by the county on behalf of the board for the purpose of
paying the principal of and interest on any bonds issued by the
county board of education or board of county school trustees until
all bonds are paid in full. This subsection applies only to a bond
issued before the effective date of this Act for which the tax
receipts were obligated. On payment of all bonds issued by the
county board of education or board of county school trustees the ad
valorem tax may not be assessed.
(j) In the manner provided by rule of the commissioner of
education, the county shall collect and use any delinquent taxes
imposed by or on behalf of the county board of education or board of
county school trustees.
(k) The dissolution committee shall distribute the assets
remaining after discharge of the liabilities of the county board of
education or board of county school trustees to the component
school districts in the county in proportionate shares equal to the
proportion that the amount of money a district has submitted to the
county board of education or board of county school trustees has to
the total amount of money submitted by all districts. The
dissolution committee shall liquidate board assets as necessary to
discharge board liabilities and facilitate the distribution of
assets. A person authorized by the dissolution committee shall
execute any documents necessary to complete the transfer of assets,
liabilities, or contracts.
(l) The dissolution committee shall encourage the component
school districts to:
(1) continue sharing services received through the
county board of education or board of county school trustees; and
(2) give preference to private sector contractors to
continue services provided by the county board of education or
board of county school trustees.
(m) The chief financial officer and financial advisor for
the county board of education or board of county school trustees
shall provide assistance to the dissolution committee in abolishing
the county board of education or board of county school trustees.
(n) The Texas Education Agency shall provide assistance to a
dissolution committee in the distribution of assets, liabilities,
contracts, and services of a county board of education or board of
county school trustees abolished by this Act.
(o) Any dissolution committee created as provided by this
Act is abolished on 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.
SECTION 2. Section 52.092(e), Election Code, is amended to
read as follows:
(e) County offices shall be listed in the following order:
(1) county judge;
(2) judge, county court at law;
(3) judge, county criminal court;
(4) judge, county probate court;
(5) county attorney;
(6) district clerk;
(7) district and county clerk;
(8) county clerk;
(9) sheriff;
(10) sheriff and tax assessor-collector;
(11) county tax assessor-collector;
(12) county treasurer;
(13) [county school trustee (county with population of
3.3 million or more);
[(14)] county surveyor.
SECTION 3. Chapter 595 (H.B. 689), Acts of the 59th
Legislature, Regular Session, 1965 (Article 2676c, Vernon's Texas
Civil Statutes), is repealed.
SECTION 4. This Act takes effect September 1, 2019.