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A BILL TO BE ENTITLED
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AN ACT
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relating to the detachment and annexation of school district |
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territory by petition. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.051, Education Code, is amended by |
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amending Subsections (a), (g), and (h) and adding Subsection (h-1) |
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to read as follows: |
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(a) In accordance with this section, territory may be |
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detached from a school district and annexed to another school |
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district that is contiguous to the detached territory. A petition |
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requesting the detachment and annexation must be presented to the |
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board of trustees of the district from which the territory is to be |
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detached and to the board of trustees of the district to which the |
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territory is to be annexed. Not later than the 30th day after the |
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date the petition is received, each [Each] board of trustees to |
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which a petition is required to be presented must conduct a hearing |
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and adopt a resolution as provided by this section for the |
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annexation to be effective. |
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(g) Not later than the 10th day after the date [Immediately |
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following receipt of] the petition is received [as required by this |
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section], each affected board of trustees shall give notice of the |
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contemplated change by publishing and posting a notice in the |
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manner required for an election order under Section 13.003. The |
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notice must specify the place and date at which a hearing on the |
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matter shall be held. Unless the districts hold a joint hearing, |
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the districts must hold hearings on separate dates. At each |
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hearing, affected persons are entitled to an opportunity to be |
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heard. |
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(h) At the hearing, each board of trustees shall consider |
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the educational interests of the current students residing or |
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future students expected to reside in the affected territory and in |
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the affected districts and the social, economic, and educational |
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effects of the proposed boundary change. Not later than the 15th |
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day after the date [After the conclusion of] the hearing concludes, |
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each board of trustees shall make findings as to the educational |
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interests of the current students residing or future students |
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expected to reside in the affected territory and in the affected |
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districts and as to the social, economic, and educational effects |
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of the proposed boundary change and shall, on the basis of those |
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findings, adopt a resolution approving or disapproving the |
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petition. The findings and resolution shall be recorded in the |
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minutes of each affected board of trustees and shall be reported to |
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the commissioners court of the county to which the receiving |
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district is assigned for administrative purposes by the agency and |
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to the commissioners court of the county to which the district from |
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which territory is to be detached is assigned for administrative |
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purposes. |
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(h-1) If the board of trustees of an affected district fails |
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to adopt a resolution approving or disapproving the petition |
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requesting the detachment and annexation on or before the 45th day |
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following the date the petition is received, the petition is |
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considered to be disapproved by that board of trustees. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |