Amend the Elkins amendment to CSHB 2 (page 190 of the
amendment packet) by striking the text on page 1 of the amendment,
lines 4-29, and page 2 of the amendment, lines 1-14, and
substituting the following:
SECTION 2B. . (a) Subtitle C, Title 2, Education Code, is
amended by adding Chapter 14 to read as follows:
CHAPTER 14. CONSOLIDATION OF OR DETACHMENT AND ANNEXATION IN
CERTAIN SCHOOL DISTRICTS
Sec. 14.001. PURPOSE OF CHAPTER. (a) The purpose of this
chapter is to provide for the creation of one independent school
district in each county in this state, having boundaries
coextensive with the boundaries of the county.
(b) This chapter does not affect:
(1) the ability of a school district to consolidate or
detach and annex territory under Chapter 41; or
(2) the power of the commissioner to order a
consolidation or a detachment and annexation under Chapter 41.
Sec. 14.002. NONAPPLICABILITY OF CHAPTER. This chapter does
not apply to:
(1) a school district that, on the effective date of
this chapter, has boundaries that are coextensive with those of a
single county; or
(2) a special-purpose school district under Subchapter
H, Chapter 11.
Sec. 14.003. CONSOLIDATION OF CERTAIN SCHOOL DISTRICTS. Each
school district that contains territory located in a single county
shall enter into one or more consolidation agreements with each
other school district located in the county.
Sec. 14.004. DETACHMENT AND ANNEXATION OF TERRITORY OF
CERTAIN SCHOOL DISTRICTS. (a) Each school district that contains
territory located in two or more counties shall enter into one or
more agreements under which district territory in a county other
than the county in which the largest part of the district's student
population resides is detached from the district and annexed to a
district in the county in which that territory is located.
(b) After completing a detachment and annexation agreement
as required by Subsection (a), the school district shall enter into
one or more consolidation agreements as required by Section 14.003.
Sec. 14.005. INITIATION OF PROCEDURE. A consolidation under
Section 14.003 or a detachment and annexation under Section 14.004
must be initiated by a resolution of the board of trustees of each
school district involved in the procedure.
Sec. 14.006. ELECTION NOT REQUIRED. An election is not
required for a consolidation under Section 14.003 or a detachment
and annexation under Section 14.004.
Sec. 14.007. EFFECTIVE DATE OF TRANSFER. (a) A consolidation
under Section 14.003 or a detachment and annexation under Section
14.004 must have an effective date not later than July 1, 2010.
(b) On the effective date of the transfer:
(1) students residing in the transferred territory
become residents of the receiving school district;
(2) title to property allocated to the receiving
district vests in the district;
(3) the receiving district assumes any debt allocated
to it; and
(4) the receiving district assumes jurisdiction of the
annexed territory for all other purposes.
Sec. 14.008. TERMS OF AGREEMENT. An agreement under Section
14.003 or 14.004 must include, as appropriate:
(1) a schedule for electing a board of trustees of the
new school district;
(2) provisions relating to the title to district
property located in an area detached from one district and annexed
to another; and
(3) provisions relating to allocation of debt in
connection with district property located in an area detached from
one district and annexed to another.
Sec. 14.009. STATUS OF RESULTING DISTRICT. A school district
resulting from a consolidation or detachment and annexation under
this chapter is an independent school district.
Sec. 14.010. ABOLITION OF COUNTY SYSTEM. (a) On the effective
date of an agreement under this chapter creating a school district
that contains all the territory in a single county that has a county
system operating under former Chapter 18 as provided by Section
11.301, the county system is abolished.
(b) On the abolition of a county system under this section,
all assets and liabilities of the system are transferred to the
independent school district for the county.
Sec. 14.011. ASSUMPTION OF DEBT. (a) A school district that
assumes the indebtedness of another district under this chapter is
not required to conduct an election on assumption of the
indebtedness. Without an election, the school district assuming
the indebtedness may levy and collect taxes necessary to pay
principal and interest on the assumed debt so long as the debt is
outstanding.
(b) Without an election, a school district may issue
refunding bonds for bonds of another district assumed under this
chapter.
Sec. 14.012. TAXING AUTHORITY TRANSFER. If all or part of the
territory of a school district is annexed to another district, the
receiving district may levy taxes at the rate established in
accordance with law for the district as a whole and is not required
to conduct an election for the purpose of taxing the territory
received.
Sec. 14.013. BOUNDARY CHANGES RESULTING IN APPRAISAL
DISTRICT CHANGES. (a) This section applies if all or part of
territory annexed to a school district is in an appraisal district
in which the receiving district does not participate.
(b) For the tax year in which the annexation is effective,
the receiving district may impose taxes on the basis of:
(1) the valuation arrived at by the appraisal district
in which the territory is located before the annexation; or
(2) the valuation arrived at by a reappraisal requested
by the receiving district, and conducted by the appraisal district
in which the receiving district participates, in the manner
prescribed by Section 25.18(c), Tax Code.
Sec. 14.014. ACTION BY COMMISSIONER. (a) If a school
district required to enter into a consolidation agreement or
detachment and annexation agreement under this chapter fails to do
so before May 1, 2010, the commissioner shall enter an order
consolidating the school district with another district or
detaching territory from the district and annexing the territory to
another district so that each county contains:
(1) a single independent school district; or
(2) a single independent school district and one or
more special-purpose school districts under Subchapter H, Chapter
11.
(b) An order under this section may contain any appropriate
provision that may be contained in an agreement under Section
14.008.
Sec. 14.015. EXPIRATION. This chapter expires September 1,
2010.
(b) Section 11.354, Education Code, is amended to read as
follows:
Sec. 11.354. ABOLITION OF SPECIAL-PURPOSE DISTRICT. (a) On
the written request signed by a majority of the board of trustees of
a military reservation school district, the State Board of
Education may abolish the district. The State Board of Education
shall give written notice to the board of trustees requesting
abolition.
(b) Each commissioners court shall annex the territory of
the abolished military reservation school district in its county to
a contiguous school district in the county.
(c) Title to the real property of the abolished military
reservation district vests in the district to which the property is
annexed.
(d) The school district to which territory from the
abolished district is annexed assumes and is liable for the
indebtedness of the abolished district.
(e) A creditor of an abolished military reservation school
district must file the creditor's claim against the district with
the commissioners court not later than the 60th day after the
effective date on which the military reservation school district is
abolished and, if the claim is not allowed, may maintain suit
against the abolished military reservation school district as such.
Suit must be brought not later than the first anniversary of the
date on which the claim is disallowed. Process in a suit, if
necessary, may be served on the county judge of each county in which
the district was located. The county commissioners court shall
defend any suit against an abolished military reservation school
district but may settle the litigation as the commissioners court
considers advisable. This section does not waive any defense
available to the abolished district.[The territory of the abolished
district and property of the district shall be disposed of as
provided by Section 13.205.]
(c) Chapter 13, Education Code, is repealed.