Texas 2019 - 86th Regular

Texas Senate Bill SB2018 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2018
	1	+	86R30056 CAE-D
	2	+	By: West S.B. No. 2018
	3	+	(Anchia)
	4	+	Substitute the following for S.B. No. 2018: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to abolishing a dissolution committee established to
6	10		abolish certain county boards of education or boards of county
7	11		school trustees and appointing commissioners courts to assume the
8	12		duties of the dissolution committee.
9	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	14		SECTION 1. Section 15.001, Chapter 967 (S.B. 2065), Acts of
11	15		the 85th Legislature, Regular Session, 2017, is amended by amending
12	16		Subsections (b), (n), and (s) and adding Subsections (t), (u), (v),
13	17		(w), (x), (y), and (z) to read as follows:
14	18		(b) If on the effective date of this Act there is an existing
15	19		contract for transportation services to which a county board of
16	20		education, board of county school trustees, or office of county
17	21		school superintendent is a party, it shall be wound down in the
18	22		manner described by Subsections (c)-(z) [(c)-(r)] of this section.
19	23		(n) The [In the manner provided by rule of the commissioner
20	24		of education, the] county shall collect and use any delinquent
21	25		taxes imposed by or on behalf of the county board of education or
22	26		board of county school trustees for payment of debt described by
23	27		Subsection (t) of this section. On completion of payment of all
24	28		debt described by Subsection (t) of this section, any delinquent
25	29		taxes collected under this subsection must be distributed on a
26	30		proportionate basis to the school districts in the county, based on
27	31		the percentage of each district's number of enrolled students in
28	32		the county to all students enrolled in the county in the school year
29	33		immediately preceding the year of the distribution.
30	34		(s) Any dissolution committee created as provided by this
31	35		Act is abolished on September 1, 2019, and all duties and
32	36		obligations of the committee are transferred to the commissioners
33	37		court of the county in which the county board of education or board
34	38		of county school trustees was located. On September 1, 2019, the
35	39		commissioners court assumes control of and responsibility for
36	40		administering all assets, liabilities, debts, contracts, and other
37	41		obligations of the county board of education, board of county
38	42		school trustees, or dissolution committee and shall take control of
39	43		any funds of the dissolution committee, including any sinking fund
40	44		created by the dissolution committee as provided by Subsection (h)
41	45		of this section. Any liability, debt, contract, or other
42	46		obligation of the county board of education, board of county school
43	47		trustees, or dissolution committee transferred to the county as
44	48		provided by this subsection may only be paid from the tax levied
45	49		under Subsection (t) of this section, the sinking fund created
46	50		under Subsection (h) of this section, and any funds transferred
47	51		from the committee to the commissioners court. County assets,
48	52		including tax revenue funds, may not be used to pay, and are not
49	53		subject to, any liability, debt, contract, or other obligation
50	54		transferred to the commissioners court under this subsection [the
51	55		date all debt obligations of the county board of education or board
52	56		of county school trustees are paid in full and all assets
53	57		distributed to component school districts].
54	58		(t) The commissioners court shall continue to assess, levy,
55	59		and collect any ad valorem tax adopted by the county board of
56	60		education, board of county school trustees, or dissolution
57	61		committee. The commissioners court shall continue to levy the tax
58	62		annually at the rate of one cent per $100 of ad valorem valuation,
59	63		as previously adopted by the dissolution committee, only until all
60	64		debt of the county board of education or board of county school
61	65		trustees described in a final judgment of a district court in
62	66		litigation between the dissolution committee and the county is
63	67		discharged in accordance with the terms of that judgment.
64	68		Notwithstanding Section 44.004, Education Code, Chapter 26, Tax
65	69		Code, or any other law, the commissioners court is not required to
66	70		calculate a rate, publish notice of a budget and tax rate hearing,
67	71		conduct a hearing, or take any other action each year to assess,
68	72		levy, and collect the tax authorized by this subsection.
69	73		(u) The commissioners court may deduct from the proceeds of
70	74		the ad valorem tax assessed, levied, and collected by the
71	75		commissioners court under Subsection (t) of this section a
72	76		reasonable and proportionate share for the administrative costs of
73	77		collecting the tax.
74	78		(v) The commissioners court shall pay all other debts or
75	79		claims not described by Subsection (t) of this section, including
76	80		claims for workers' compensation and unemployment compensation
77	81		filed on or before September 1, 2019, from funds reserved and
78	82		retained by the dissolution committee for that purpose.
79	83		(w) All claims against the county board of education, board
80	84		of county school trustees, or dissolution committee not filed on or
81	85		before September 1, 2019, are barred. A lawsuit may not be filed
82	86		against the county board of education, board of county school
83	87		trustees, or dissolution committee after September 1, 2019. This
84	88		provision takes precedence over any other statute of limitations.
85	89		(x) The commissioners court may use funds described by
86	90		Subsection (v) of this section to perform the duties related to the
87	91		abolishment of the dissolution committee and the administration of
88	92		the assets, liabilities, debts, contracts, or other obligations
89	93		transferred to the commissioners court, including:
90	94		(1) paying reasonable administrative expenses,
91	95		including legal fees and expenses incurred by the county or any
92	96		third party; and
93	97		(2) employing or contracting with any person needed to
94	98		assist with the abolishment and dissolution of the county board of
95	99		education, board of county school trustees, or dissolution
96	100		committee and the administration of the assets, liabilities, debts,
97	101		contracts, or other obligations transferred to the commissioners
98	102		court.
99	103		(y) On completion of payment of all debt as provided by
100	104		Subsection (t) of this section and any other debts or claims under
101	105		Subsection (v) of this section, any remaining money must be
102	106		distributed on a proportionate basis to the school districts in the
103	107		county, based on the percentage of each district's number of
104	108		enrolled students in the county to all students enrolled in the
105	109		county in the school year immediately preceding the year of the
106	110		distribution. To the extent this subsection conflicts with
107	111		Subsection (o) of this section, this subsection prevails.
108	112		(z) An ad valorem tax imposed under Subsection (t) of this
109	113		section is not considered to be an ad valorem tax imposed by the
110	114		county in which the county board of education, board of county
111	115		school trustees, or dissolution committee is located for purposes
112	116		of any constitutional or statutory limit on the ad valorem tax rate
113	117		of the county.
114	118		SECTION 2. Section 18, Chapter 925 (S.B. 1566), Acts of the
115	119		85th Legislature, Regular Session, 2017, is repealed.
116	120		SECTION 3. This Act takes effect immediately if it receives
117	121		a vote of two-thirds of all the members elected to each house, as
118	122		provided by Section 39, Article III, Texas Constitution. If this
119	123		Act does not receive the vote necessary for immediate effect, this
120	124		Act takes effect September 1, 2019.
121		-	______________________________ ______________________________
122		-	President of the Senate Speaker of the House
123		-	I hereby certify that S.B. No. 2018 passed the Senate on
124		-	April 17, 2019, by the following vote: Yeas 31, Nays 0; and that
125		-	the Senate concurred in House amendment on May 21, 2019, by the
126		-	following vote: Yeas 31, Nays 0.
127		-	______________________________
128		-	Secretary of the Senate
129		-	I hereby certify that S.B. No. 2018 passed the House, with
130		-	amendment, on May 14, 2019, by the following vote: Yeas 141,
131		-	Nays 0, two present not voting.
132		-	______________________________
133		-	Chief Clerk of the House
134		-	Approved:
135		-	______________________________
136		-	Date
137		-	______________________________
138		-	Governor