SRC-JRN S.B. 622 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 622
By: Harris
Education
3-13-97
As Filed


DIGEST 

Currently, there is no state law that provides for the creation of a
district contained within a municipality by detachment.  While S.B. 1
recodified the Education Code in the 74th Legislative Session, no
provision authorizing the creation of municipal school districts was
passed.  This bill provides for the creation of a school district by
detachment within a municipality. 

PURPOSE

As proposed, S.B. 622 provides for the creation of a school district by
detachment within a municipality. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 13C, Education Code, by adding Section 13.106,
as follows: 

Sec. 13.106.  CREATION OF A DISTRICT CONTAINED WITHIN A MUNICIPALITY.
Provides that Sections 13.101 through 13.105 do not apply to this section.
Authorizes the creation of a new district by detachment to be initiated by
a petition presented to the governing body of a home-rule municipality
that meets certain requirements.  Sets forth requirements a petition must
meet.  Requires the governing body to hold a hearing on the validity of
the petition by a certain date.  Requires the board of trustees of the
school district to order an election, if the petition is valid.  Requires
a ballot to be printed to permit voting for or against the proposition,
and sets forth the language of the ballot.  Provides that an election on
the detachment of a territory and creation of a new district has no effect
unless 20 percent of the registered voters residing in the municipality
vote in the election.  Requires the board of trustees of the school
district to report the results of the election to the governing body of
the municipality, and provides that the new school district is created
only if the proposition receives a majority vote.  Requires the governing
body of the municipality to enter an order creating the new school
district and to appoint a board of seven trustees for the new district to
serve until the next regular election for a board of trustees.  Provides
that a school district created under this section has all the rights and
privileges of other independent school districts.  Provides that a new
district vests title to school district real property in the territory
detached, and that the new district assumes any indebtedness of the
district. Provides that a district created under this section shall not
qualify for a small or mid-sized district adjustment. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.