Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Mowery                                       H.B. No. 1250

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to creation of certain school districts by detachment.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 13.106, Education Code, is added to read

 1-5     as follows:

 1-6           Sec. 13.106.  CREATION OF A DISTRICT CONTAINED WITHIN A

 1-7     MUNICIPALITY.  (a)  Sections 13.101-13.105 do not apply to this

 1-8     section.

 1-9           (b)  Creation of a new district by detachment may be

1-10     initiated by a petition presented to the governing body of a

1-11     home-rule municipality that has a population of more than 20,000

1-12     and that is contained wholly within a school district with more

1-13     than 73,000 students in average daily attendance.

1-14           (c)  The petition under this section must:

1-15                 (1)  give the metes and bounds of the proposed new

1-16     district, along the lines of the existing municipality;

1-17                 (2)  be signed by at least 10 percent of the registered

1-18     voters residing in the municipality; and

1-19                 (3)  be addressed to the governing body of the

1-20     municipality.

1-21           (d)  Not later than the 30th day after the date the governing

1-22     body of the municipality receives a petition under this section,

1-23     the governing body shall hold a hearing on the validity of the

1-24     petition.  If the governing body determines the petition is valid,

 2-1     the board of trustees of the school district shall order an

 2-2     election to be held in the district.

 2-3           (e)  The ballot shall be printed to permit voting for or

 2-4     against the proposition: "Creation of a new school district by

 2-5     detaching territory that encompasses the City of ______ from the

 2-6     ___________ School District.

 2-7           (f)  An election on the detachment of the territory and

 2-8     creation of a new district has no effect unless at least 20 percent

 2-9     of the registered voters residing in the municipality vote in the

2-10     election in which the issue is on the ballot.

2-11           (g)  The board of trustees shall report the results of the

2-12     election to the governing body of the municipality, which shall

2-13     declare the results of the election.  The new school district is

2-14     created only if the proposition receives a majority of the votes in

2-15     the municipality.

2-16           (h)  If all the requirements of this section are met, the

2-17     governing body of the municipality shall enter an order creating

2-18     the new school district.  The governing body shall appoint a board

2-19     of seven trustees for the new district to serve until the next

2-20     regular election of trustees, when a board of trustees shall be

2-21     elected in compliance with Chapter 11.

2-22           (i)  A school district created under this section has all the

2-23     rights and privileges of other independent school districts.

2-24           (j)  Title to school district real property in the territory

2-25     detached vests in the new district.  The new district assumes and

2-26     is liable for any portion of outstanding indebtedness of the

2-27     district from which the territory was detached that is allocated to

2-28     the new district under Section 13.004.  A district created under

2-29     this section shall not qualify for a small or mid-sized district

2-30     adjustment under Subchapter B, Chapter 42.

 3-1           SECTION 2.  This Act takes effects September 1, 1997.

 3-2           SECTION 3.  The importance of this legislation and the

 3-3     crowded condition of the calendars in both houses create an

 3-4     emergency and an imperative public necessity that the

 3-5     constitutional rule requiring bills to be read on three several

 3-6     days in each house be suspended, and this rule is hereby suspended.