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.