By Williamson H.B. No. 1066
75R1989 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to municipal school districts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 11, Education Code, is amended by adding
1-5 Subchapter I to read as follows:
1-6 SUBCHAPTER I. MUNICIPAL SCHOOL DISTRICTS
1-7 Sec. 11.401. STATUS. A municipal school district created
1-8 under Subchapter H, Chapter 13, is an independent school district.
1-9 Except as otherwise specifically provided by this subchapter, a
1-10 provision of this code that applies to any other independent school
1-11 district, including a provision that applies to the board of
1-12 trustees of any other independent school district, applies to a
1-13 municipal school district.
1-14 Sec. 11.402. GOVERNANCE. A municipal school district is
1-15 governed by a board of seven trustees.
1-16 Sec. 11.403. SELECTION OF TRUSTEES. (a) The trustees of a
1-17 municipal school district may be elected as provided by Subchapter
1-18 C or may be appointed by the governing body of the municipality, as
1-19 determined by the governing body and as stated in the resolution
1-20 adopted under Section 13.303.
1-21 (b) A municipal school district whose trustees are appointed
1-22 by the governing body of the municipality shall continue to select
1-23 trustees by appointment unless the method of selecting trustees is
1-24 changed under Subsection (c). The governing body of the
2-1 municipality shall appoint either two or three trustees each year
2-2 as necessary to maintain a board of seven trustees. Each trustee
2-3 shall be appointed for a term of three years.
2-4 (c) A municipal school district whose trustees are appointed
2-5 as provided by Subsection (b) may provide for the election of
2-6 trustees as provided by this subsection. To initiate the change in
2-7 the method of selecting trustees, a petition requesting an election
2-8 to determine whether the board of trustees of the district shall be
2-9 elected must be presented to the mayor. To be valid, the petition
2-10 must be signed by registered voters of the municipal school
2-11 district equal in number to at least 10 percent of the number of
2-12 voters voting in the most recent regular municipal election. As
2-13 soon as practicable after receiving a valid petition, the mayor
2-14 shall order an election to be held on the proposition of whether
2-15 the board of trustees of the district shall be elected. The
2-16 election shall be conducted in the manner in which other elections
2-17 on measures are conducted by the municipality. If a majority of
2-18 the qualified voters voting at the election vote in favor of
2-19 selecting members of the board of trustees by election, the mayor
2-20 shall order an election to select a board of seven trustees to be
2-21 held on the date on which members of the governing body of the
2-22 municipality are elected. The terms of the first members of the
2-23 board shall be determined by lot.
2-24 Sec. 11.404. TAXES AND BONDS. (a) The governing body of a
2-25 municipality that constitutes a municipal school district may by
2-26 resolution order an election on the proposition of whether to levy
2-27 a maintenance tax or to issue bonds for school purposes.
3-1 (b) If a majority of the qualified voters voting at an
3-2 election vote in favor of a tax, the governing body of the
3-3 municipality shall by ordinance at the request of the board of
3-4 trustees of the district annually impose the tax on the taxable
3-5 property in the municipal school district for the support and
3-6 maintenance of the public schools, and in the case of bonds
3-7 approved, for the erection and equipment of public school buildings
3-8 in accordance with the requisition furnished.
3-9 (c) The board of trustees of the municipal school district
3-10 shall determine the amount of tax necessary to support and maintain
3-11 the schools and erect and equip public school buildings for each
3-12 fiscal year except that the tax rate may not exceed the limit
3-13 authorized by law and approved by the voters.
3-14 (d) The school taxes shall be at the disposal of the board
3-15 of trustees and paid monthly to the depository to the account of
3-16 the board of trustees to be used for maintenance and support of the
3-17 public schools in the municipal school district.
3-18 Sec. 11.405. ASSESSMENT AND COLLECTION OF TAXES. (a) Taxes
3-19 for a municipal school district may be assessed and collected only
3-20 as prescribed by Subsection (b) or (c).
3-21 (b) The assessor and collector of taxes for the municipality
3-22 may assess and collect taxes for the municipal school district. In
3-23 that case, the taxes for school purposes shall be assessed and
3-24 collected at the same time and in the same manner as other
3-25 municipal taxes are assessed and collected. The assessor and
3-26 collector of taxes for the municipality may not receive
3-27 compensation for assessing and collecting school taxes in addition
4-1 to the compensation paid for assessing and collecting municipal
4-2 taxes.
4-3 (c) The board of trustees of a municipal school district may
4-4 contract with the county assessor-collector of taxes to assess and
4-5 collect the taxes for the municipal school district on property
4-6 located in the county.
4-7 Sec. 11.406. PROPERTY. Title to property owned, held, or
4-8 otherwise dedicated to the use and benefit of the public schools of
4-9 the municipality, whether acquired before or after the
4-10 establishment of the municipal school district, vests in the board
4-11 of trustees in trust for the use and benefit of the public schools
4-12 in the municipality.
4-13 SECTION 2. Chapter 13, Education Code, is amended by adding
4-14 Subchapter H to read as follows:
4-15 SUBCHAPTER H. CREATION OF MUNICIPAL SCHOOL DISTRICT
4-16 Sec. 13.301. AUTHORIZATION. A municipal school district may
4-17 be created as provided by this subchapter.
4-18 Sec. 13.302. BOUNDARIES. At the time a municipal school
4-19 district is created under this subchapter, the boundaries of the
4-20 district must be coterminous with those of the municipality in
4-21 which the district is located.
4-22 Sec. 13.303. INITIATION OF DISTRICT. Creation of a
4-23 municipal school district is initiated by resolution of the
4-24 governing body of a home-rule municipality or by a petition
4-25 presented to the governing body. A resolution under this
4-26 subchapter must state whether the board of trustees of the
4-27 municipal school district is to be appointed by the governing body
5-1 of the municipality or elected. A petition under this subchapter
5-2 must:
5-3 (1) be addressed to the governing body of the
5-4 home-rule municipality;
5-5 (2) be signed by at least 10 percent of the registered
5-6 voters residing in the municipality; and
5-7 (3) request that the governing body order an election
5-8 on the proposition of whether to create a municipal school
5-9 district.
5-10 Sec. 13.304. ELECTION. (a) Not later than the 30th day
5-11 after the date the governing body of a municipality receives a
5-12 petition under this subchapter, the governing body shall hold a
5-13 hearing on the validity of the petition. If the governing body
5-14 determines the petition is valid or if the governing body has
5-15 adopted a resolution under Section 13.303, the governing body shall
5-16 order an election.
5-17 (b) Not earlier than the 30th day or later than the 10th day
5-18 before the date of the election, the governing body of the
5-19 municipality shall give notice of the election by having a copy of
5-20 the election order published at least once in a newspaper published
5-21 at least once each week in the municipality. If such a newspaper
5-22 is not published in the municipality, the notice shall be published
5-23 in at least one newspaper of general circulation in the county in
5-24 which the municipality is located. The governing body of the
5-25 municipality shall give additional notice of the election by having
5-26 a copy of the election order posted in a public place in each
5-27 election precinct not later than the 21st day before the date of
6-1 the election.
6-2 (c) The election precincts and polling places usually used
6-3 in the elections of the municipality shall be used in an election
6-4 held under this subchapter, except that if another election is
6-5 occurring on the same date for all or part of the same geographic
6-6 area, precincts and polling places shall be selected to allow each
6-7 voter to cast ballots at the same polling place for each of the
6-8 elections. The election shall be conducted in accordance with the
6-9 Election Code to the extent that code may be made applicable.
6-10 (d) The ballot shall be printed to permit voting for or
6-11 against the proposition: "Creation of a municipal school district
6-12 under the control of and with boundaries coterminous with the
6-13 boundaries of ______ (name of municipality)."
6-14 (e) An election on the creation of a municipal school
6-15 district has no effect unless at least 10 percent of the registered
6-16 voters of the municipality vote in the election in which the issue
6-17 is on the ballot.
6-18 (f) The governing body of the municipality shall declare the
6-19 results of the election and report the results to the board of
6-20 trustees of each school district having territory in the
6-21 municipality.
6-22 (g) The municipal school district may be created only if:
6-23 (1) the proposition receives a majority of votes in
6-24 the municipality; and
6-25 (2) the board of trustees of each school district
6-26 having territory in the municipality, after a public hearing on the
6-27 issue, adopts a resolution approving detachment of district
7-1 territory located in the municipality and transfer of that
7-2 territory to the municipality for school purposes.
7-3 (h) The board of trustees may approve detachment and
7-4 transfer to the municipality of school district territory only if
7-5 the board finds that the transfer is of benefit to the educational
7-6 and social interests of the current students residing or future
7-7 students expected to reside in the affected territory and is
7-8 economically sound.
7-9 (i) The expenses of the election shall be paid by the
7-10 municipality.
7-11 Sec. 13.305. ORDER CREATING DISTRICT. (a) If all of the
7-12 requirements of this subchapter are met, the governing body of the
7-13 municipality shall enter an order creating the municipal school
7-14 district.
7-15 (b) At the time the order creating the district is issued,
7-16 the governing body of the municipality shall appoint a board of
7-17 seven trustees for the new district. Those trustees serve until
7-18 the next regular election of trustees, when a board of trustees
7-19 shall be elected in compliance with Chapter 11, or until the terms
7-20 of trustees expire if the governing body of the municipality is
7-21 responsible for appointing the board of trustees under Section
7-22 11.403. If the governing body of the municipality is responsible
7-23 for appointing the board of trustees, the terms of the first
7-24 members of the board shall be determined by lot.
7-25 (c) Title to school district real property in the territory
7-26 detached vests in the municipal school district, and the municipal
7-27 school district assumes and is liable for any portion of
8-1 outstanding indebtedness of the district from which the territory
8-2 was detached that is allocated to the new district under Section
8-3 13.004.
8-4 Sec. 13.306. SEPARATION FROM MUNICIPAL CONTROL. (a) A
8-5 municipal school district may be separated from municipal control
8-6 as provided by this section.
8-7 (b) Separation from municipal control is initiated by a
8-8 petition signed by at least 10 percent of the registered voters of
8-9 the municipal school district. The petition must be presented to
8-10 the board of trustees of the municipal school district. The board
8-11 of trustees must certify the petition to the governing body of the
8-12 municipality.
8-13 (c) As soon as practicable after receiving the petition, the
8-14 governing body of the municipality shall establish a date not later
8-15 than the 10th day after the date on which the petition is received
8-16 for holding a joint meeting of the governing body of the
8-17 municipality and the board of trustees of the municipal school
8-18 district. At the joint meeting, the governing body of the
8-19 municipality and the board of trustees of the municipal school
8-20 district, acting jointly as one body with the mayor or chairperson
8-21 of the governing body presiding, shall order an election.
8-22 (d) The election shall be held on an authorized election
8-23 date, as prescribed by Chapter 41, Election Code, occurring not
8-24 later than the 60th day after the date the petition is received.
8-25 If an authorized date within that period does not allow sufficient
8-26 time to comply with other legal requirements or if there is no
8-27 authorized date within that period, the election shall be ordered
9-1 for the next authorized date. The ballot shall be printed to
9-2 provide for voting for or against the proposition: "The separation
9-3 of the public schools from municipal control." Except as provided
9-4 by this section, the election shall be conducted in the manner in
9-5 which other elections on measures are conducted by the
9-6 municipality. Following the canvass of the election returns, the
9-7 governing body of the municipality shall deliver to the board of
9-8 trustees of the municipal school district the certified results of
9-9 the election and a certified copy of the record showing all
9-10 proceedings relating to the election. If a majority of the voters
9-11 voting at the election vote in favor of the separation of the
9-12 public schools from municipal control, the board of trustees shall
9-13 by resolution declare that the public schools of the municipal
9-14 school district have been separated from municipal control and that
9-15 the corporate name for the school district shall be "______
9-16 Independent School District."
9-17 (e) The separated school district is an independent school
9-18 district with all the powers and duties of an independent school
9-19 district. Title to property of the municipal school district vests
9-20 in the separated district, and the separated district assumes and
9-21 is liable for the outstanding indebtedness of the municipal school
9-22 district.
9-23 (f) The board of trustees of the separated school district
9-24 consists of seven members. The members of the board of trustees of
9-25 the municipal school district shall continue as members of the
9-26 board of trustees of the independent school district until the
9-27 terms for which they have been elected or appointed, as applicable,
10-1 have expired or until their successors have been elected and have
10-2 qualified.
10-3 (g) At the expiration of the terms of office of the existing
10-4 trustees, election of trustees shall be held in compliance with
10-5 Chapter 11.
10-6 SECTION 3. The importance of this legislation and the
10-7 crowded condition of the calendars in both houses create an
10-8 emergency and an imperative public necessity that the
10-9 constitutional rule requiring bills to be read on three several
10-10 days in each house be suspended, and this rule is hereby suspended,
10-11 and that this Act take effect and be in force from and after its
10-12 passage, and it is so enacted.