86R5534 MP-F
By: Holland H.B. No. 728
A BILL TO BE ENTITLED
AN ACT
relating to litigation involving certain defects in school district
instructional facilities and enforcement of certain duties
following that litigation; authorizing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.0111, Education Code, is amended by
amending Subsection (b) and adding Subsection (f) to read as
follows:
(b) A school district that brings an action for recovery of
damages for the defective design, construction, renovation, or
improvement of an instructional facility financed by bonds for
which the district receives state assistance under this subchapter
shall provide the commissioner with written notice of the action,
including a copy of the petition, by registered or certified mail,
return receipt requested, not later than the 10th day after the date
the action is filed. If the school district fails to comply with
this subsection, the court or an arbitrator or other adjudicating
authority shall dismiss the action.
(f) A school district shall provide to the commissioner an
itemized accounting of any repairs made under Subsection (d).
SECTION 2. Subchapter A, Chapter 46, Education Code, is
amended by adding Section 46.0112 to read as follows:
Sec. 46.0112. ATTORNEY GENERAL ENFORCEMENT OF SCHOOL
DISTRICT DUTIES FOLLOWING CERTAIN ACTIONS; REPORT. (a) If the
attorney general believes that a school district has violated or is
violating Section 46.0111(d) or (e), the attorney general may bring
an action on behalf of the state to enjoin the school district from
violating those sections.
(b) In an action brought under Subsection (a), the attorney
general may request and the court may order any other appropriate
relief that is in the public interest, including payment of:
(1) a civil penalty in an amount not to exceed $50,000
for each violation of Section 46.0111(d) or (e);
(2) the attorney general's reasonable costs for
investigating and prosecuting the violation; or
(3) the amount of the state's share under Section
46.0111(e).
(c) Not later than December 1 of each year, the attorney
general shall submit to the governor, the lieutenant governor, the
members of the legislature, and the commissioner a report on any
actions brought under this section during the preceding year. The
report must include the following information for each action:
(1) the filing date;
(2) the cause number;
(3) the school district that is the subject of the
action; and
(4) the court in which the action was brought.
SECTION 3. Section 46.0111(b), Education Code, as amended
by this Act, applies only to an action brought on or after the
effective date of this Act. An action brought before the effective
date of this Act is governed by the law applicable to the action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.