Sec. 43.010. DEFAULT OF SCHOOL DISTRICT SECURITIES HELD BY THE PERMANENT SCHOOL FUND. (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.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
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