By Tillery H.B. No. 1827 77R5606 ESH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the boundaries of school districts located in home-rule 1-3 municipalities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 13, Education Code, is amended by adding 1-6 Subchapter H to read as follows: 1-7 SUBCHAPTER H. ANNEXATION OF TERRITORY OF SCHOOL DISTRICTS 1-8 LOCATED IN HOME-RULE MUNICIPALITY 1-9 Sec. 13.301. APPLICABILITY OF SUBCHAPTER. This subchapter 1-10 applies only to a school district that contains territory located 1-11 in a home-rule municipality. 1-12 Sec. 13.302. SINGLE SCHOOL DISTRICT IN HOME-RULE 1-13 MUNICIPALITY REQUIRED. Except as otherwise provided by this 1-14 subchapter, all territory located in a home-rule municipality must 1-15 be included in the same school district. 1-16 Sec. 13.3021. ANNEXATION OF TERRITORY OF SCHOOL DISTRICTS IN 1-17 HOME-RULE MUNICIPALITIES EXISTING ON SEPTEMBER 1, 2001. (a) This 1-18 section applies only to a municipality that: 1-19 (1) is a home-rule municipality on September 1, 2001; 1-20 and 1-21 (2) contains territory that is located in two or more 1-22 school districts. 1-23 (b) Not later than September 1, 2003, the school district 1-24 whose territory located in the home-rule municipality has the 2-1 greatest number of the municipality's residents shall, by agreement 2-2 with each other district as provided by Section 13.306, annex all 2-3 territory located in the boundaries of the municipality, as those 2-4 boundaries exist on the date of the annexation, that is part of 2-5 another school district. 2-6 (c) This section expires January 1, 2004. 2-7 Sec. 13.303. ANNEXATION FOLLOWING ADOPTION OF HOME-RULE 2-8 STATUS. (a) This section applies only to a municipality that: 2-9 (1) becomes a home-rule municipality after September 2-10 1, 2001; and 2-11 (2) at the time it becomes a home-rule municipality, 2-12 contains territory that is located in two or more school districts. 2-13 (b) Not later than the second anniversary of the date the 2-14 municipality becomes a home-rule municipality, the school district 2-15 whose territory located in the home-rule municipality has the 2-16 greatest number of the municipality's residents shall, by agreement 2-17 with each other district as provided by Section 13.306, annex all 2-18 territory located in the boundaries of the municipality, as those 2-19 boundaries exist on the date of the annexation, that is part of 2-20 another school district. 2-21 Sec. 13.304. ANNEXATION FOLLOWING EXPANSION OF MUNICIPAL 2-22 BOUNDARIES. Not later than the first anniversary of the effective 2-23 date on which a home-rule municipality annexes territory that is 2-24 not located in the boundaries of the school district located in the 2-25 municipality, the district shall, by agreement with each school 2-26 district in which the territory is located as provided by Section 2-27 13.306, annex that territory. 3-1 Sec. 13.305. ALLOCATION OF PROPERTY AND ASSUMPTION OF 3-2 INDEBTEDNESS. (a) As provided by the agreement of the boards of 3-3 trustees of the affected school districts, a school district that 3-4 annexes territory of another school district under this subchapter: 3-5 (1) takes title to all school property located in the 3-6 annexed territory; and 3-7 (2) shall assume all indebtedness relating to any 3-8 school property located in the annexed territory. 3-9 (b) Sections 13.004(a)-(c) do not apply to an annexation 3-10 under this subchapter. 3-11 Sec. 13.306. ANNEXATION AGREEMENT; EFFECTIVE DATE. (a) The 3-12 board of trustees of each school district affected by an annexation 3-13 under this subchapter shall execute an annexation agreement. The 3-14 agreement must: 3-15 (1) specify the territory to be annexed; and 3-16 (2) allocate property and indebtedness as provided by 3-17 Section 13.305. 3-18 (b) The annexation agreement must be filed with the 3-19 commissioners court of each county in which the school district 3-20 contains territory. The commissioners court shall enter an order 3-21 redefining the boundaries of the affected districts. 3-22 (c) An annexation agreement under this subchapter takes 3-23 effect as provided by Section 13.005. 3-24 Sec. 13.307. INABILITY TO AGREE. (a) If the board of 3-25 trustees of a school district that is required to annex territory 3-26 under this subchapter cannot reach agreement regarding the 3-27 annexation with the board of trustees of another district, the 4-1 board of trustees of the district required to annex territory shall 4-2 appeal to the commissioner. The commissioner shall: 4-3 (1) conduct a hearing on each issue in dispute between 4-4 the districts; 4-5 (2) decide each issue; and 4-6 (3) enter an order stating the commissioner's 4-7 decision. 4-8 (b) Either affected school district may appeal a decision of 4-9 the commissioner under Subsection (a) to a district court in Travis 4-10 County. 4-11 Sec. 13.308. INCLUDING TERRITORY OUTSIDE MUNICIPAL 4-12 BOUNDARIES NOT PROHIBITED. This subchapter does not prohibit a 4-13 school district that contains the territory of a home-rule 4-14 municipality from containing territory that is located outside the 4-15 municipal boundaries. 4-16 SECTION 2. This Act takes effect September 1, 2001.