HB 1734

Status: Sent to governor
Author: Rep. Justin Holland
Sponsor: Sen. Eddie Lucio Jr.
Summary: Revises current law regarding a district's ability to sue for damages for the defective design or construction of a district facility to add new requirements for providing notice to the commissioner of the petition by registered/certified mail (failure to do so results in dismissal of the action). The commissioner may join in an action involving a facility financed by bonds that included state assistance in order to protect the state's share. Any proceeds must be used to repair the facility and an accounting of the repairs must be provided to the commissioner (violation could result in legal action by the attorney general with relief including a civil penalty against the district for up to $20,000 for each violation, payment of reasonable costs for investigation and prosecuting the violation, and the state's share of the proceeds).  

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