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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) If interest or principal has not been paid for two years or more on any bonds issued by any school district and held by the permanent school fund, the State Board of Education may:
(1) compel the district to levy a tax sufficient to meet the interest and principal payments then or later due; or
(2) if the district furnishes to the State Board of Education satisfactory proof that the district's taxing ability is insufficient, require the district to:
(A) exhaust all legal remedies in collecting delinquent taxes; and
(B) levy a tax at the maximum lawful rate on the bona fide valuation of taxable property located in the district.
(b) Revenue collected by either method specified by Subsection (a) shall be distributed proportionately to all owners of the defaulted securities in compliance with the following:
(1) the proportionate share for each owner is based on the interest and principal requirements of the original security before authorized refunding; and
(2) prior acceptance of refunding securities does not reduce an owner's proportionate share.
(c) As long as any school district is delinquent in its payments of principal or interest on any of its bonds owned by the permanent school fund, the State Board of Education may specify the method of crediting payments to the state made by the district as to principal and interest.
(d) The comptroller may not issue any warrant from the foundation school fund to or for the benefit of any district that has been for as long as two years in default in the payment of principal or interest on any security owned by the permanent school fund until the State Board of Education certifies that the district has satisfactorily complied with the appropriate provisions of this section, in which event the comptroller shall resume making payments to or for the benefit of the district, including the making of pretermitted payments.
Cite this article: FindLaw.com - Texas Education Code - EDUC § 43.010. Default of School District Securities Held by the Permanent School Fund - last updated January 01, 2024 | https://codes.findlaw.com/tx/education-code/educ-sect-43-010/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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