By: Ellis S.B. No. 927
A BILL TO BE ENTITLED
AN ACT
relating to the annexation of territory in political subdivisions
by certain junior college districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 130, Education Code, is
amended by adding Section 130.0712 to read as follows:
Sec. 130.0712. ANNEXATION OF TERRITORY BY ELECTION FOR
CERTAIN DISTRICTS. (a) Notwithstanding any other provision of
this subchapter, a junior college district that includes within its
territory all or part of a school district with a student enrollment
of more than 170,000 may annex territory by election only as
provided by this section. The territory to be annexed must be
located within:
(1) the service area of the junior college district;
or
(2) a municipality or school district that is partly
located within the junior college district.
(b) The governing board of the junior college district may
order an election on the question of establishing expanded
boundaries for the junior college district by annexing all or part
of the territory of a municipality or school district described by
Subsection (a) if that territory is not currently located in the
junior college district. The election shall be held only in the
territory proposed for annexation. The order for the election
must:
(1) describe the territory to be annexed; and
(2) set a date for the election, which must be the next
uniform election date that is more than 65 days after the date of
the order and that affords enough time to hold the election in the
manner provided by law.
(c) The governing board shall conduct the election in
accordance with the Election Code.
(d) Any registered voter residing within the territory
proposed for annexation is entitled to vote at the election.
(e) The ballot shall be printed to provide for voting for or
against the proposition: "Annexation by __________ (with the blank
filled in with the name of the junior college district) of the
following territory for junior college purposes: __________ (with
the blank filled in with a description of the territory proposed for
annexation)."
(f) The proposition is adopted if approved by a majority of
the voters voting at the election. 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 annexed for
junior college purposes.
(g) If the proposition is adopted and the governing board is
elected from single-member districts, the governing board in the
annexation order entered under Subsection (f) shall assign the new
territory to one or more of the current single-member districts.
The governing board shall divide the territory of the expanded
junior college district into the appropriate number of
single-member districts before the next election for members of the
governing board.
(h) If the proposition is not adopted, another election to
annex the same territory may not be held earlier than one year after
the date of the election in which the proposition is defeated.
(i) The annexation of territory to a junior college district
under this section and any resulting change in the single-member
districts from which members of the governing board are elected
does not affect the term of a member of the governing board serving
on the date the annexation or redistricting takes effect. The
governing board shall provide that each member of the governing
board representing a single-member district who is holding office
on the date the territory is annexed to the district serves the
remainder of the member's term and represents a new single-member
district for that term regardless of whether the member resides in
the single-member district.
(j) If the junior college district annexes under this
section territory comprising all of a municipality or school
district, the governing board by order may annex for junior college
purposes any territory later annexed by or added to the
municipality or school district.
(k) A junior college district may not annex under this
section territory that is included within the boundaries of another
junior college district.
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.