By: Harris S.B. No. 622
97S0426/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of certain school districts by detachment.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter C, Chapter 13, Education Code, is
1-4 amended by adding Section 13.106 to read as follows:
1-5 Sec. 13.106. CREATION OF A DISTRICT CONTAINED WITHIN A
1-6 MUNICIPALITY. (a) Sections 13.101 through 13.105 do not apply to
1-7 this section.
1-8 (b) Creation of a new district by detachment may be
1-9 initiated by a petition presented to the governing body of a
1-10 home-rule municipality that has a population of more than 19,500
1-11 according to the 1990 federal decennial census and that is
1-12 contained wholly within a school district with more than 73,000
1-13 students in average daily attendance.
1-14 (c) A petition under this section must:
1-15 (1) give the metes and bounds of the proposed new
1-16 district, along the boundary lines of the home-rule 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 a municipality receives a petition under this section, the
1-23 governing body shall hold a hearing on the validity of the
2-1 petition. If the governing body determines that the petition is
2-2 valid, the board of trustees of the school district shall order an
2-3 election to be held in the district.
2-4 (e) The ballot shall be printed to permit voting for or
2-5 against the proposition: "Creation of a new school district by
2-6 detaching territory that encompasses the City of from
2-7 the School District."
2-8 (f) An election on the detachment of the territory and
2-9 creation of a new district has no effect unless at least 20 percent
2-10 of the registered voters residing in the municipality vote in the
2-11 election in which the issue is on the ballot.
2-12 (g) The board of trustees of the school district shall
2-13 report the results of the election to the governing body of the
2-14 municipality, which shall declare the results of the election. The
2-15 new school district is created only if the proposition receives a
2-16 majority of the votes in the municipality.
2-17 (h) If all the requirements of this section are met, the
2-18 governing body of the municipality shall enter an order creating
2-19 the new school district. The governing body shall appoint a board
2-20 of seven trustees for the new district to serve until the next
2-21 regular election of trustees, when a board of trustees shall be
2-22 elected in compliance with Chapter 11.
2-23 (i) A school district created under this section has all the
2-24 rights and privileges of other independent school districts.
2-25 (j) Title to school district real property in the territory
3-1 detached vests in the new district. The new district assumes and
3-2 is liable for any portion of outstanding indebtedness of the
3-3 district from which the territory was detached that is allocated to
3-4 the new district under Section 13.004. A district created under
3-5 this section shall not qualify for a small or mid-sized district
3-6 adjustment under Subchapter B, Chapter 42.
3-7 SECTION 2. This Act takes effect September 1, 1997.
3-8 SECTION 3. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.