Texas 2023 - 88th Regular

Texas Senate Bill SB392

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to transparency in certain legal proceedings and contracts involving a school district and a limit on legal fees that may be spent by a school district in certain legal proceedings.

Impact

The legislation specifically sets a cap of $10,000 on the legal fees that a school district can incur while defending against certain lawsuits, such as those concerning property taxes, parental rights violations, or disputes involving district employees. Should the district's legal fees approach this limit, the superintendent is required to report to the board with details of the case and potential future costs. Each month, districts must also report ongoing legal proceedings where fees exceed the cap, fostering a culture of openness regarding legal expenditures.

Summary

Senate Bill 392 aims to improve transparency in legal proceedings and contracts involving school districts in Texas. The legislation mandates that school districts must disclose detailed information about contracts awarded without competitive bidding, including the contract amount, recipient, and duration. This initiative intends to provide accountability and insight into how school districts are spending public funds, particularly in situations that may be contentious or involve significant legal contracts.

Sentiment

The general sentiment surrounding SB392 is mixed. Supporters argue that the bill promotes greater accountability and fiscal responsibility among school districts, aligning with broader calls for transparency in public institutions. Conversely, some opponents may view the limit on legal fees as a potential hindrance to adequately defending educational institutions against complex legal matters, potentially exposing them to financial risk and liabilities that could affect their operations and decision-making freedoms.

Contention

Notable points of contention include concerns over the practicality of enforcing the legal fee cap and the potential unintended consequences for school districts facing significant legal challenges. Critics argue that limiting legal expenses could inhibit a district's ability to seek competent legal representation or to address more complicated cases, ultimately impacting student rights and educational governance.

Texas Constitutional Statutes Affected

Education Code

  • Chapter 44. Fiscal Management
    • Section: New Section

Companion Bills

TX HB2510

Identical Relating to transparency in certain contracts involving a school district.

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