Tex.
Educ. Code Section 12.1281
Disposition of Property Purchased with State Funds
(a)
A former charter holder of an open-enrollment charter school that has ceased to operate may retain property described by Section 12.128 (Property Purchased or Leased with State Funds) if the former charter holder reimburses the state with non-state funds and the former charter holder:(1)
provides written assurance that the requirements of Section 12.1284 (Closure of Charter School Operations) will be met; and(2)
receives approval from the agency.(b)
On receiving consent from the agency under Section 12.128 (Property Purchased or Leased with State Funds)(b-2) and a written agreement from any creditor with a security interest described by Section 12.128 (Property Purchased or Leased with State Funds)(e), the former charter holder may:(1)
sell property for fair market value; or(2)
transfer property to an open-enrollment charter school or a school district as provided under Section 12.1282 (Transfer of Property Purchased with State Funds).(c)
The amount of funds the state is entitled to as reimbursement for property of a former charter holder is:(1)
for property retained by the former charter holder, the current fair market value less the amount of any debt subject to a security interest or lien described by Section 12.128 (Property Purchased or Leased with State Funds)(e), multiplied by the percentage of state funds used to purchase the property; or(2)
for property sold by the former charter holder, the net sales proceeds of the property multiplied by the percentage of state funds used to purchase the property.(d)
To determine the amount of state funds a former charter holder used to purchase property, the agency shall calculate:(1)
an estimated state reimbursement amount based on the last annual financial report filed under Section 44.008 (Annual Audit; Report) available at the time the former charter holder retains or sells the property; and(2)
a final state reimbursement amount using the former charter holder’s final financial audit filed under Section 44.008 (Annual Audit; Report).(e)
A former charter holder retaining property under Subsection (a) or selling the property under Subsection (b)(1) shall:(1)
file an affidavit in the real property records of the county in which the property is located disclosing the state interest in the property;(2)
place in escrow with the state comptroller an amount of non-state funds equal to 110 percent of the estimated state reimbursement amount not later than:(A)
the closing date of the sale of the property if the charter holder is selling the property; or(B)
the 90th day after the charter school’s last day of instruction if the charter holder is retaining the property; and(3)
not later than two weeks after the date the charter holder’s final financial audit is filed under Section 44.008 (Annual Audit; Report), submit to the state the final state reimbursement amount using the funds in escrow in addition to any other funds necessary to pay the full amount of state reimbursement.(f)
A former charter holder may retain any funds remaining after complying with this section.(g)
As soon as the agency is satisfied that the former charter holder complied with Subsection (e), the agency shall file written notice of the release of the state interest in property the former charter holder retains under this section and authorize the return of any funds not used for state reimbursement to the former charter holder.(h)
Subject to the satisfaction of any security interest or lien described by Section 12.128 (Property Purchased or Leased with State Funds)(e), if a former charter holder does not dispose of property under Subsection (a) or (b), the former charter holder shall transfer the property, including a conveyance of title, to the agency in accordance with the procedures and time requirements established by the agency.(i)
Subject to the satisfaction of any security interest or lien described by Section 12.128 (Property Purchased or Leased with State Funds)(e), if the agency determines a former charter holder failed to comply with this section or Section 12.1282 (Transfer of Property Purchased with State Funds), on request of the agency, the attorney general shall take any appropriate legal action to compel the former charter holder to convey title to the agency or other governmental entity authorized by the agency to maintain or dispose of property.(j)
A decision by the agency under this section is final and may not be appealed.(k)
The commissioner may adopt rules necessary to administer this section.
Source:
Section 12.1281 — Disposition of Property Purchased with State Funds, https://statutes.capitol.texas.gov/Docs/ED/htm/ED.12.htm#12.1281 (accessed Jun. 5, 2024).
