79R3986 JRJ-F

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.  The heading to Section 130.071, Education Code, 
is amended to read as follows:
	Sec. 130.071.  ANNEXATION OF TERRITORY IN POLITICAL 
SUBDIVISIONS [CITY TERRITORY] BY CERTAIN DISTRICTS.
	SECTION 2.  Section 130.071, Education Code, is amended by 
amending Subsections (a), (b), (d), (e), (h), (j), and (k) and 
adding Subsection (h-1) to read as follows:
	(a)  A junior college district that is located within part of 
a municipality or school district [city, town, or village] may 
annex additional [the] territory included within the municipality 
or school district as provided by [city, town, or village in 
accordance with] this section.
	(b)  The [Except as provided by Subsection (k) of this 
section, the] governing board of the junior college district may
[shall] order an election on the question of establishing expanded 
boundaries for the junior college district by annexing all or part 
of the territory of the municipality or school district that is not 
currently located in the junior college district.  The election 
shall be held only in the territory [to be conducted within the 
boundaries of the district as changed by the] proposed for
annexation.  The order for the election must [shall]:
		(1)  describe the territory to be annexed; and                                
		(2)  set a date for the election, which must [shall] be 
the next uniform election date that is more than 65 [45] days after
[from] the date of the order and that affords enough time to hold 
the election in the manner provided by law.
	(d)  The governing board [of the junior college district] 
shall conduct the election in accordance with the Election Code
[procure the election supplies necessary to conduct the election 
and shall determine the quantity of the various types of supplies to 
be provided for use at each precinct polling place and early voting 
polling place].
	(e)  Any registered [qualified] voter residing within the 
territory [boundaries of the district as changed by the] proposed 
for annexation is entitled to vote at the election.
	(h)  The measure is adopted if approved by a majority of the 
voters voting at the election. If the measure 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.  [If the governing board members are elected from 
single-member districts, the order shall also assign the annexed 
territory to one or more single-member districts that are 
contiguous with the annexed territory.]
	(h-1)  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 (h) 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.
	(j)  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 [An 
annexation] 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
[office for] 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 [board members serving 
on election day].
	(k)  If the junior college district annexes under this 
section territory comprising all of a municipality or school 
district [city, town, or village], the governing board by order may 
annex for junior college purposes any territory later annexed by or 
added to the municipality or school district [city, town, or 
village].
	SECTION 3.  Section 130.071(c), Education Code, is repealed.                   
	SECTION 4.  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.