Texas Education Code
§ 44.151 — ACTIONS BROUGHT FOR DEFECTIVE DESIGN, CONSTRUCTION, RENOVATION, OR IMPROVEMENT OF SCHOOL DISTRICT FACILITY
ED § 44.151Title 2. PUBLIC EDUCATION · Part I. SCHOOL FINANCE AND FISCAL MANAGEMENT · Ch. 44. FISCAL MANAGEMENT · Art. E. LITIGATION INVOLVING SCHOOL DISTRICT FACILITY
Statute text
View on source(a)In this section:
(1)"Instructional facility" has the meaning assigned by Section 46.001.
(2)"Net proceeds" means the difference between the amount recovered by or on behalf of a school district in an action, by settlement or otherwise, and the legal fees and litigation costs incurred by the district in prosecuting the action.
(3)"State's share" means an amount equal to the district's net proceeds from the recovery multiplied by a percentage determined by dividing the amount of state assistance under Subchapter A, Chapter 46, used to pay the principal of and interest on bonds issued in connection with the instructional facility that is the subject of the action by the total amount of principal and interest paid on the bonds as of the date of the judgment or settlement.
(b)A school district that brings an action for recovery of damages for the defective design, construction, renovation, or improvement of a district facility financed by bonds shall provide the commissioner with written notice of the action by registered or certified mail, return receipt requested, not later than the 30th day after the date the action is filed. If the school district fails to comply with this subsection, the court or an arbitrator or other adjudicating authority shall dismiss the action without prejudice. The dismissal of an action under this subsection extends the statute of limitations on the action for a period of 90 days. (b-1) The notice required under Subsection (b) must include:
(1)a copy of the petition; and
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Legislative history
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.062, eff. September 1, 2019. Transferred, redesignated and amended from Education Code, Section 46.0111 by Acts 2019, 86th Leg., R.S., Ch. 1077 (H.B. 1734), Sec. 2, eff. September 1, 2019.