| 1 | 1 | | 86R5534 MP-F |
|---|
| 2 | 2 | | By: Holland H.B. No. 728 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to litigation involving certain defects in school district |
|---|
| 8 | 8 | | instructional facilities and enforcement of certain duties |
|---|
| 9 | 9 | | following that litigation; authorizing a civil penalty. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 46.0111, Education Code, is amended by |
|---|
| 12 | 12 | | amending Subsection (b) and adding Subsection (f) to read as |
|---|
| 13 | 13 | | follows: |
|---|
| 14 | 14 | | (b) A school district that brings an action for recovery of |
|---|
| 15 | 15 | | damages for the defective design, construction, renovation, or |
|---|
| 16 | 16 | | improvement of an instructional facility financed by bonds for |
|---|
| 17 | 17 | | which the district receives state assistance under this subchapter |
|---|
| 18 | 18 | | shall provide the commissioner with written notice of the action, |
|---|
| 19 | 19 | | including a copy of the petition, by registered or certified mail, |
|---|
| 20 | 20 | | return receipt requested, not later than the 10th day after the date |
|---|
| 21 | 21 | | the action is filed. If the school district fails to comply with |
|---|
| 22 | 22 | | this subsection, the court or an arbitrator or other adjudicating |
|---|
| 23 | 23 | | authority shall dismiss the action. |
|---|
| 24 | 24 | | (f) A school district shall provide to the commissioner an |
|---|
| 25 | 25 | | itemized accounting of any repairs made under Subsection (d). |
|---|
| 26 | 26 | | SECTION 2. Subchapter A, Chapter 46, Education Code, is |
|---|
| 27 | 27 | | amended by adding Section 46.0112 to read as follows: |
|---|
| 28 | 28 | | Sec. 46.0112. ATTORNEY GENERAL ENFORCEMENT OF SCHOOL |
|---|
| 29 | 29 | | DISTRICT DUTIES FOLLOWING CERTAIN ACTIONS; REPORT. (a) If the |
|---|
| 30 | 30 | | attorney general believes that a school district has violated or is |
|---|
| 31 | 31 | | violating Section 46.0111(d) or (e), the attorney general may bring |
|---|
| 32 | 32 | | an action on behalf of the state to enjoin the school district from |
|---|
| 33 | 33 | | violating those sections. |
|---|
| 34 | 34 | | (b) In an action brought under Subsection (a), the attorney |
|---|
| 35 | 35 | | general may request and the court may order any other appropriate |
|---|
| 36 | 36 | | relief that is in the public interest, including payment of: |
|---|
| 37 | 37 | | (1) a civil penalty in an amount not to exceed $50,000 |
|---|
| 38 | 38 | | for each violation of Section 46.0111(d) or (e); |
|---|
| 39 | 39 | | (2) the attorney general's reasonable costs for |
|---|
| 40 | 40 | | investigating and prosecuting the violation; or |
|---|
| 41 | 41 | | (3) the amount of the state's share under Section |
|---|
| 42 | 42 | | 46.0111(e). |
|---|
| 43 | 43 | | (c) Not later than December 1 of each year, the attorney |
|---|
| 44 | 44 | | general shall submit to the governor, the lieutenant governor, the |
|---|
| 45 | 45 | | members of the legislature, and the commissioner a report on any |
|---|
| 46 | 46 | | actions brought under this section during the preceding year. The |
|---|
| 47 | 47 | | report must include the following information for each action: |
|---|
| 48 | 48 | | (1) the filing date; |
|---|
| 49 | 49 | | (2) the cause number; |
|---|
| 50 | 50 | | (3) the school district that is the subject of the |
|---|
| 51 | 51 | | action; and |
|---|
| 52 | 52 | | (4) the court in which the action was brought. |
|---|
| 53 | 53 | | SECTION 3. Section 46.0111(b), Education Code, as amended |
|---|
| 54 | 54 | | by this Act, applies only to an action brought on or after the |
|---|
| 55 | 55 | | effective date of this Act. An action brought before the effective |
|---|
| 56 | 56 | | date of this Act is governed by the law applicable to the action |
|---|
| 57 | 57 | | immediately before the effective date of this Act, and that law is |
|---|
| 58 | 58 | | continued in effect for that purpose. |
|---|
| 59 | 59 | | SECTION 4. This Act takes effect September 1, 2019. |
|---|