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.