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2003S0580-1 03/11/03
By: Shapiro S.B. No. 1240
A BILL TO BE ENTITLED
AN ACT
relating to voluntary school district consolidation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 13.005, Education Code,
is amended to read as follows:
(a) Except as provided by this section or by a local
consolidation agreement under Section 13.158, the annexation of all
or part of the territory of one district to another is effective on
the first July 1 that is more than 30 days after the date of the
order or ordinance accomplishing the annexation or of the
declaration of the results of an election at which the transfer is
approved.
SECTION 2. Section 13.152, Education Code, is amended to
read as follows:
Sec. 13.152. RESOLUTION OR PETITION. Consolidation is
initiated in a district proposed to be consolidated by either a
resolution adopted by the board of trustees of the [each] district
or a petition requesting an election on the question that is signed
by the required number of registered voters of the district [each of
the districts proposed to be consolidated].
SECTION 3. Section 13.153, Education Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) If no local consolidation agreement is submitted under
Section 13.158, the [The] ballot in the election shall be printed to
permit voting for or against the proposition: "Consolidation of
(name of school districts) into a single school district."
(c) If a local consolidation agreement is submitted under
Section 13.158, the ballot in the election shall be printed to
permit voting for or against the proposition: "Consolidation of
(name of school districts) into a single school district under a
local consolidation agreement."
SECTION 4. Subsections (b) and (c), Section 13.155,
Education Code, are amended to read as follows:
(b) Except as provided by Subsection (c) or by a local
consolidation agreement under Section 13.158, the board of trustees
of the school district having the greatest membership on the last
day of the school year preceding the consolidation serves as the
board of trustees of the consolidated district until the next
regular election of trustees, at which time the consolidated
district shall elect a board of trustees.
(c) Except as provided by a local consolidation agreement
under Section 13.158, if [If] the membership on the last day of the
school year preceding the consolidation in the district with the
largest membership is more than five times that of the other
district or districts consolidating with it, the trustees of the
district with the largest membership continue to serve for the
terms for which they have been elected and only the vacancies, as
they occur, are filled from the consolidated district.
SECTION 5. Subchapter D, Chapter 13, Education Code, is
amended by adding Section 13.1521 to read as follows:
Sec. 13.158. LOCAL CONSOLIDATION AGREEMENT. (a) Before
issuing an order for an election under Section 13.153, the boards of
trustees of the districts to be consolidated may draft a local
consolidation agreement to be submitted to the registered voters in
each district. The identical agreement must be submitted to the
registered voters of each district.
(b) A local consolidation agreement may provide the
following:
(1) an effective date that is not more than one year
after the date of the consolidation election;
(2) a schedule to elect the board of trustees of the
consolidated district before or after the effective date of
consolidation;
(3) that the consolidated district educate particular
grades within the boundaries of a district being consolidated;
(4) that the consolidated district maintain a specific
campus in operation;
(5) that if the votes cast in some districts, but not
all districts, show a majority voting in favor of the
consolidation, the districts receiving a favorable vote may
consolidate;
(6) that a majority of the votes cast in each district
must be in favor of consolidation for there to be a consolidation;
or
(7) any other provision consistent with state and
federal law.
(c) Not later than 30 days before a consolidation election
is held, the boards of trustees of the districts to be consolidated
may amend the local consolidation agreement. After a successful
election to consolidate, the local consolidation agreement may not
be amended for five years following the effective date of
consolidation, unless a shorter period is set out in the agreement.
After that time, the agreement may be amended only by unanimous vote
of the board of trustees of the district.
(d) The commissioner may waive a requirement under this
section or Section 13.159 on application of the boards of trustees
of all districts proposed for consolidation.
SECTION 6. Subchapter D, Chapter 13, Education Code, is
amended by adding Section 13.159 to read as follows:
Sec. 13.159. PUBLIC INSPECTION AND HEARING. (a) A local
consolidation agreement under Section 13.158 must be made available
for public inspection during regular business hours at the central
administration building of each district for at least 25 days
before the consolidation election.
(b) Each district shall hold a public hearing to allow
interested persons to present comments related to the local
consolidation agreement. If the agreement is amended following a
public hearing, before the consolidation election each district
shall hold another public hearing to consider the amendment.
(c) Each district shall provide notice of each public
hearing to the public.
SECTION 7. Section 41.033, Education Code, is amended to
read as follows:
Sec. 41.033. GOVERNANCE PLAN. (a) The agreement among the
consolidating districts may include a governance plan designed to
preserve community-based and site-based decision making within the
consolidated district, including the delegation of specific powers
of the governing board of the district other than the power to levy
taxes, including a provision authorized by Section 13.158(b).
(b) The governance plan may provide for a transitional board
of trustees during the first year after consolidation, but
beginning with the next year the board of trustees must be elected
from within the boundaries of the consolidated district [from
single-member districts drawn in accordance with the procedures
provided by Section 11.052]. If the consolidating districts elect
trustees from single-member districts, the consolidated district
must adopt a plan to elect its board of trustees from single-member
districts.
SECTION 8. (a) This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.
(b) The changes in law made by this Act to Subsection (a),
Section 13.005, Education Code, Subsections (b) and (c), Section
13.155, Education Code, and Section 41.033, Education Code, apply
only to a school district consolidated with an effective date on or
after the effective date of this Act. A school district
consolidated with an effective date before the effective date of
this Act is covered by the law in effect on the effective date of the
district's consolidation, and the former law is continued in effect
for that purpose.