Texas House Bill HB728

Texas 2019 - 86th Regular

Caption

Relating to litigation involving certain defects in school district instructional facilities and enforcement of certain duties following that litigation; authorizing a civil penalty.

Impact

The legislation introduces more stringent reporting requirements for school districts and grants the Attorney General authority to enforce compliance with these new obligations. Specifically, it allows the Attorney General to initiate actions against school districts that fail to adhere to the stipulated duties, including failing to repair defects properly. Violations may lead to civil penalties, with fines not exceeding $50,000 per infraction, highlighting the state's effort to hold districts accountable for maintaining instructional facilities.

Summary

House Bill 728 addresses the procedures and requirements for school districts involved in litigation concerning defects in instructional facilities. The bill modifies existing sections of the Education Code, focusing specifically on the processes a school district must follow when seeking recovery for damages due to defective design, construction, renovation, or improvement financed through state assistance bonds. A key provision mandates that a school district must notify the Texas Education Commissioner of any such legal actions within 10 days, failing which the action may be dismissed by the court.

Contention

While the bill seeks to protect the interests of the state and ensure accountability among school districts, there may be concerns regarding the feasibility and implications of such regulations. Critics might argue that imposing significant penalties could deter school districts from pursuing legitimate claims or could disproportionately impact smaller districts that struggle financially. Thus, the balance between accountability and accessibility to justice for school districts is a potential point of contention as the bill progresses through the legislative process.