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A BILL TO BE ENTITLED
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AN ACT
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relating to abolishing certain county boards of education, boards |
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of county school trustees, and offices of county school |
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superintendent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Each county board of education, board of |
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county school trustees, and office of county school superintendent |
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in a county with a population of 2.2 million or more and that is |
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adjacent to a county with a population of more than 600,000 is |
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abolished effective September 1, 2018. |
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(b) Not later than September 1, 2017, a dissolution |
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committee shall be formed for each county board of education or |
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board of county school trustees to be abolished as provided by |
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Subsection (a) of this section. The dissolution committee is |
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responsible for all financial decisions for each county board of |
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education or board of county school trustees abolished by this Act, |
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including asset distribution and payment of all debt obligations. |
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(c) A dissolution committee required by this Act shall be |
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appointed by the comptroller and include: |
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(1) one financial advisor; |
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(2) one chief financial officer employed by a school |
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district located in the same county as the county board of education |
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or board of county school trustees for which the dissolution |
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committee is formed; and |
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(3) one certified public accountant. |
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(d) A dissolution committee created under this Act is |
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subject to the open meetings requirements under Chapter 551, |
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Government Code, and public information requirements under Chapter |
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552, Government Code. |
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(e) Members of a dissolution committee may not receive |
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compensation but are entitled to reimbursement for actual and |
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necessary expenses incurred in performing the functions of the |
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dissolution committee. |
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(f) The dissolution committee shall determine the manner in |
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which all assets, liabilities, contracts, and services of the |
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county board of education or board of county school trustees |
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abolished by this Act are divided, transferred, or discontinued. |
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The dissolution committee shall create a sinking fund to deposit |
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all money received in the abolishment of each county board of |
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education or board of county school trustees for the payment of all |
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debts of the county board of education or board of county school |
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trustees. |
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(g) An ad valorem tax assessed by a county board of |
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education or board of county school trustees shall continue to be |
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assessed by the county on behalf of the board for the purpose of |
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paying the principal of and interest on any bonds issued by the |
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county board of education or board of county school trustees until |
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all bonds are paid in full. This subsection applies only to a bond |
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issued before the effective date of this Act for which the tax |
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receipts were obligated. On payment of all bonds issued by the |
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county board of education or board of county school trustees the ad |
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valorem tax may not be assessed. |
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(h) In the manner provided by rule of the commissioner of |
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education, the county shall collect and use any delinquent taxes |
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imposed by or on behalf of the county board of education or board of |
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county school trustees. |
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(i) The dissolution committee shall distribute the assets |
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remaining after discharge of the liabilities of the county board of |
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education or board of county school trustees to the component |
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school districts in the county in proportionate shares equal to the |
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proportion that the membership in each district bears to total |
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membership in the county as of May 1, 2017. The dissolution |
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committee shall liquidate board assets as necessary to discharge |
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board liabilities and facilitate the distribution of assets. A |
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person authorized by the dissolution committee shall execute any |
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documents necessary to complete the transfer of assets, |
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liabilities, or contracts. |
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(j) The dissolution committee shall encourage the component |
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school districts to: |
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(1) continue sharing services received through the |
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county board of education or board of county school trustees; and |
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(2) give preference to private sector contractors to |
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continue services provided by the county board of education or |
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board of county school trustees. |
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(k) The chief financial officer and financial advisor for |
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the county board of education or board of county school trustees |
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shall provide assistance to the dissolution committee in abolishing |
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the county board of education or board of county school trustees. |
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(l) The Texas Education Agency shall provide assistance to a |
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dissolution committee in the distribution of assets, liabilities, |
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contracts, and services of a county board of education or board of |
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county school trustees abolished by this Act. |
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(m) Any dissolution committee created as provided by this |
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Act is abolished on the date all debt obligations of the county |
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board of education or board of county school trustees are paid in |
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full and all assets distributed to component school districts. |
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(n) For purposes of Subsection (c) of this section, |
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"financial advisor" includes a person or business entity who acts |
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as a financial advisor, financial consultant, money or investment |
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manager, or broker. |
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SECTION 2. Chapter 266 (S.B. 394), Acts of the 40th |
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Legislature, Regular Session, 1927 (Article 2700a, Vernon's Texas |
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Civil Statutes), is repealed. |
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SECTION 3. This Act takes effect September 1, 2017. |