79R5199 SLO-D
By: Estes S.B. No. 697
A BILL TO BE ENTITLED
AN ACT
relating to the validation of the boundaries of certain school
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) This section applies to any common,
independent, or municipal school district that is located in whole
or in part in a county that borders a county that has a population of
at least two million and has:
(1) a population of at least one million; or
(2) a population of at least 400,000 and a county seat
that has a population of at least 75,000.
(b) The boundaries of a common, independent, or municipal
school district as they existed on January 1, 2004, are validated as
of that date.
(c) If the boundaries of a common, independent, or municipal
school district are not, as of January 1, 2004, established by a
complete metes and bounds description, the boundaries are
determined by school district attendance zones or tax assessment
lines as of January 1, 2004, or by other evidence of district
boundary recognition as of January 1, 2004.
(d) This section does not affect school district boundaries
that:
(1) on the effective date of this Act are the subject
of litigation if:
(A) the action was commenced before January 1,
2004; and
(B) the litigation ultimately results in the
boundaries being determined by a final judgment of a court;
(2) on the effective date of this Act have been
determined by a final judgment of a court; or
(3) as of January 1, 2004, were the subject of a
detachment, annexation, consolidation, abolition, or other
boundary change procedure under Chapter 13, Education Code, if the
detachment, annexation, consolidation, abolition, or other
boundary change procedure is completed in compliance with that
chapter.
(e) For purposes of Subsection (d)(3) of this section, the
boundaries of a school district were the subject of a detachment,
annexation, consolidation, abolition, or other boundary change
procedure under Chapter 13, Education Code, as of January 1, 2004,
if, as of that date:
(1) the board of trustees of at least one school
district involved in the proposed detachment, annexation,
consolidation, abolition, or other boundary change procedure had
adopted a resolution to engage in the boundary change;
(2) the board of trustees of the school district had
received a petition requesting an election on the proposed
detachment, annexation, consolidation, abolition, or other
boundary change procedure, regardless of whether the board of
trustees had, as of that date, determined whether the petition is
valid; or
(3) the commissioner of education had informed the
board of trustees of the school district in writing that the
commissioner intended to annex the district to one or more
adjoining districts as authorized by Section 39.131(a)(10),
Education Code.
SECTION 2. 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, 2005.