Bill Text: TX SB1122 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to abolishing certain county boards of education, boards of county school trustees, and offices of county school superintendent.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2017-05-23 - Placed on General State Calendar [SB1122 Detail]
Download: Texas-2017-SB1122-Comm_Sub.html
By: Huffines, et al. | S.B. No. 1122 | |
(Anchia) | ||
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relating to abolishing certain county boards of education, boards | ||
of county school trustees, and offices of county school | ||
superintendent. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. (a) Each county board of education, board of | ||
county school trustees, and office of county school superintendent | ||
in a county with a population of 2.2 million or more and that is | ||
adjacent to a county with a population of more than 800,000 is | ||
abolished effective November 15, 2017, unless the continuation of | ||
the county board of education, board of county school trustees, and | ||
office of county school superintendent is approved by a majority of | ||
voters at an election held on the November 2017 uniform election | ||
date in the county in which the county board of education, board of | ||
county school trustees, and office of county school superintendent | ||
are located. Subsections (b)-(q) of this section do not take effect | ||
in a county if the continuation of the county board of education, | ||
board of county school trustees, and office of county school | ||
superintendent is approved at the election held in the county under | ||
this subsection. | ||
(b) Not later than November 15, 2017, a dissolution | ||
committee shall be formed for each county board of education or | ||
board of county school trustees to be abolished as provided by | ||
Subsection (a) of this section. The dissolution committee is | ||
responsible for all financial decisions for each county board of | ||
education or board of county school trustees abolished by this Act, | ||
including asset distribution and payment of all debt obligations. | ||
(c) A dissolution committee required by this Act shall be | ||
appointed by the comptroller and include: | ||
(1) one financial advisor; | ||
(2) the superintendent of the participating component | ||
school district with the largest number of students in average | ||
daily attendance or the superintendent's designee; | ||
(3) one certified public accountant; | ||
(4) one auditor who holds a license or other | ||
professional credential; and | ||
(5) one bond counsel who holds a license or other | ||
professional credential. | ||
(d) A dissolution committee created under this Act is | ||
subject to the open meetings requirements under Chapter 551, | ||
Government Code, and public information requirements under Chapter | ||
552, Government Code. | ||
(e) Members of a dissolution committee may not receive | ||
compensation but are entitled to reimbursement for actual and | ||
necessary expenses incurred in performing the functions of the | ||
dissolution committee. | ||
(f) Subject to the other requirements of this Act, the | ||
dissolution committee shall determine the manner in which all | ||
assets, liabilities, contracts, and services of the county board of | ||
education or board of county school trustees abolished by this Act | ||
are divided, transferred, or discontinued. The dissolution | ||
committee shall create a sinking fund to deposit all money received | ||
in the abolishment of each county board of education or board of | ||
county school trustees for the payment of all debts of the county | ||
board of education or board of county school trustees. | ||
(g) The dissolution committee shall continue providing | ||
transportation services to participating component school | ||
districts for the 2017-2018 school year. The dissolution committee | ||
shall maintain current operations and personnel needed to provide | ||
the transportation services. | ||
(h) At the end of the 2017-2018 school year all school | ||
buses, vehicles, and bus service centers shall be transferred to | ||
participating component school districts in proportionate shares | ||
equal to the proportion that the membership in each district bears | ||
to total membership in the county as of September 1, 2018, at no | ||
cost to the districts. | ||
(i) The dissolution committee may employ for the 2017-2018 | ||
school year one person to assist in the abolishment of the county | ||
board of education or board of county school trustees. | ||
(j) On September 1, 2017, the participating component | ||
school district with the largest number of students in average | ||
daily attendance has the right of first refusal to buy, at fair | ||
market value, the administrative building of the county board of | ||
education or board of county school trustees. | ||
(k) An ad valorem tax assessed by a county board of | ||
education or board of county school trustees shall continue to be | ||
assessed by the county on behalf of the board for the purpose of | ||
paying the principal of and interest on any bonds issued by the | ||
county board of education or board of county school trustees until | ||
all bonds are paid in full. This subsection applies only to a bond | ||
issued before the effective date of this Act for which the tax | ||
receipts were obligated. On payment of all bonds issued by the | ||
county board of education or board of county school trustees the ad | ||
valorem tax may not be assessed. | ||
(l) In the manner provided by rule of the commissioner of | ||
education, the county shall collect and use any delinquent taxes | ||
imposed by or on behalf of the county board of education or board of | ||
county school trustees. | ||
(m) The dissolution committee shall distribute the assets | ||
remaining after discharge of the liabilities of the county board of | ||
education or board of county school trustees to the component | ||
school districts in the county in proportionate shares equal to the | ||
proportion that the membership in each district bears to total | ||
membership in the county as of September 1, 2017. The dissolution | ||
committee shall liquidate board assets as necessary to discharge | ||
board liabilities and facilitate the distribution of assets. A | ||
person authorized by the dissolution committee shall execute any | ||
documents necessary to complete the transfer of assets, | ||
liabilities, or contracts. | ||
(n) The dissolution committee shall encourage the component | ||
school districts to: | ||
(1) continue sharing services received through the | ||
county board of education or board of county school trustees; and | ||
(2) give preference to private sector contractors to | ||
continue services provided by the county board of education or | ||
board of county school trustees. | ||
(o) The chief financial officer and financial advisor for | ||
the county board of education or board of county school trustees | ||
shall provide assistance to the dissolution committee in abolishing | ||
the county board of education or board of county school trustees. | ||
(p) The Texas Education Agency shall provide assistance to a | ||
dissolution committee in the distribution of assets, liabilities, | ||
contracts, and services of a county board of education or board of | ||
county school trustees abolished by this Act. | ||
(q) Any dissolution committee created as provided by this | ||
Act is abolished on the date all debt obligations of the county | ||
board of education or board of county school trustees are paid in | ||
full and all assets distributed to component school districts. | ||
SECTION 2. Chapter 266 (S.B. 394), Acts of the 40th | ||
Legislature, Regular Session, 1927 (Article 2700a, Vernon's Texas | ||
Civil Statutes), is repealed. | ||
SECTION 3. This Act takes effect September 1, 2017. |