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Amend CSHB 2221 by inserting the following appropriately
numbered section to the bill and renumbering the remaining sections
of the bill appropriately:
SECTION ___. Subchapter D, Chapter 130, Education Code, is
amended by adding Section 130.0705 to read as follows:
Sec. 130.0705. DISANNEXATION OF CERTAIN TERRITORY. (a)
Territory of a junior college district that was annexed to the
junior college district at an election held on or after January 1,
2005, at which less than a majority of the registered voters in the
territory who voted in the annexation election voted for the
annexation may be disannexed from the junior college district as
provided by this section unless the district has outstanding bonded
indebtedness that was incurred after the annexation of the
territory. The territory to be disannexed must include the entire
territory annexed at the election.
(b) On presentation to the governing board of the junior
college district of a petition proposing the disannexation of
territory to the district, the governing board shall call an
election on the question of disannexation. The petition must:
(1) contain an accurate description of the territory
proposed for disannexation; and
(2) be signed by 50 registered voters in the territory
proposed to be disannexed or by a majority of the registered voters
in that territory as of the most recent general election for state
and county officers, whichever number is less.
(c) The governing board shall order the election to be held
in the territory proposed for disannexation on the first authorized
uniform election date that is not less than 45 days after the date
of the order and that affords enough time to hold the election in
the manner provided by law. The board shall give notice of the
election in the manner provided by law for notice by the county
judge of a general election.
(d) The governing board shall conduct the election in
accordance with the Election Code.
(e) The election shall be held only in the territory
proposed for disannexation, and only those registered voters
residing in that territory are permitted to vote.
(f) The ballot shall be printed to provide for voting for or
against the proposition: "Disannexation of the following
territory: __________", with the blank filled in with a
description of the territory proposed for disannexation, "from the
_____________ District", with the blank filled in with the name of
the junior college district.
(g) The proposition is adopted if the proposition receives a
favorable vote of a majority of those voters voting on the
proposition.
(h) If the proposition is adopted, the governing board of
the district shall enter an order declaring the result of the
election and that the territory is disannexed from the junior
college district on the date specified in the order.
(i) After a vote to disannex territory from a district, the
governing board of the district shall continue to control and
administer the property and other assets of the district located
within the disannexed territory until all assets have been disposed
of.
(j) The governing board of the district may not dispose of
the district's assets located within the disannexed territory
except for appropriate consideration unless the debts are
transferred to another governmental entity or agency within or
embracing the district and the transfer will benefit the district's
citizens.
(k) The disannexation does not affect the authority of the
district to enforce payment of taxes imposed by the district in the
disannexed territory before the disannexation.
(l) An election to create a new junior college district or
join an existing junior college district may not be held within the
disannexed territory before the first anniversary of the date of
disannexation.