80R502 SLO-D

By: Berman H.B. No. 30

A BILL TO BE ENTITLED

AN ACT

relating to the consolidation of certain school districts into a county school district.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 2, Education Code, is amended by adding Chapter 14 to read as follows: CHAPTER 14. CONSOLIDATION OF CERTAIN SCHOOL DISTRICTS INTO COUNTY SCHOOL DISTRICT

Sec. 14.001. APPLICABILITY; PURPOSE OF CHAPTER. (a) This chapter applies only to a county that has a population of 300,000 or less.

(b) The purpose of this chapter is to authorize a county to which this chapter applies to create a single independent school district in the county.

(c) This chapter does not affect:

(1) the ability of a school district to consolidate or detach and annex territory under Chapter 41; or

(2) the power of the commissioner to order a consolidation or a detachment and annexation under Chapter 41.

Sec. 14.002. CREATION OF COUNTY SCHOOL DISTRICT. (a) Except as provided by Subsection (b), a county to which this chapter applies may consolidate each school district located in whole or in part in the county into one county school district in the manner provided by this chapter.

(b) A school district that has territory in more than one county may be consolidated under this chapter only into the county school district of the county in which a majority of the district's students reside. Subsection (a) does not apply to a special purpose school district under Subchapter H, Chapter 11.

(c) Except as provided by Subsection (d), a school district whose territory becomes part of a county school district under this chapter is abolished.

(d) A school district abolished under this chapter may retain the name, logo, or any other feature that identified the district before the creation of the county school district.

Sec. 14.003. PETITION. Consolidation of school districts under this chapter is initiated by petition requesting an election on the question, submitted to the commissioners court of the county. The petition must be signed by at least 10 percent of the registered voters who participated in the most recent gubernatorial election in the county.

Sec. 14.004. ELECTION. (a) On receiving a petition that satisfies the requirements of Section 14.003, the commissioners court of the county shall:

(1) issue an order for an election to be held on the same day in each school district included in the proposed county school district; and

(2) give notice of the election.

(b) The ballot in the election shall be printed to permit voting for or against the proposition: "Consolidation of (names of school districts) into a single county school district."

(c) The commissioners court shall canvass the results of the election in each school district and shall publish the results separately for each district.

(d) If the votes cast in all school districts show a majority in each district voting in favor of the consolidation, the commissioners court shall declare the districts consolidated and the county school district created.

Sec. 14.005. EFFECT OF CREATION OF COUNTY SCHOOL DISTRICT. If the election held under Section 14.004 results in the creation of a county school district under this chapter, on the effective date of the creation of the county school district:

(1) students residing in the territory of a former school district become residents of the county school district;

(2) title to property of each former school district vests in the county school district;

(3) the county school district assumes all debt of each former school district; and

(4) the county school district assumes jurisdiction of the territory of each former school district for all other purposes.

Sec. 14.006. STATUS OF COUNTY SCHOOL DISTRICT. A county school district created under this chapter is an independent school district.

Sec. 14.007. ASSUMPTION OF DEBT. (a) A county school district created under this chapter is not required to conduct an election on assumption of indebtedness of a former school district. Without an election, the county school district may levy and collect taxes necessary to pay principal and interest on the assumed debt so long as the debt is outstanding.

(b) Without an election, a county school district created under this chapter may issue refunding bonds for a former school district's bonds assumed under this chapter.

Sec. 14.008. BOARD OF TRUSTEES. (a) A county school district created under this chapter is governed by a board of trustees.

(b) On creation, a county school district created under this chapter is governed by an interim board of trustees consisting of at least one member from the board of trustees of each former school district. The commissioners court of the county shall determine the number of members to serve on the interim board. Before the election on creation of a county school district is held, the board of trustees of each school district that may be consolidated as a result of the election shall, by majority vote, designate at least one member of the board to serve as an interim trustee of the county school district in the event that the election results in the creation of a county school district. Each former school district shall have equal representation on the interim board.

(c) The interim board of trustees of a county school district created under this chapter shall order an election of trustees to be held not later than the 90th day after the effective date of the creation of the county school district. Subject to Section 11.052, the election shall be held in a manner so that at least one trustee represents each former school district. Notwithstanding Section 11.051(b), the interim board of trustees shall determine the number of members to serve on the elected board of trustees, except that the board must consist of at least three members.

(d) The powers, duties, and terms of office of the trustees are governed by Chapter 11.

Sec. 14.009. SUPERINTENDENT; ASSISTANT SUPERINTENDENT. (a) The board of trustees of the county school district shall employ a superintendent of the district.

(b) The board of trustees, with the advice of the superintendent, shall employ one assistant superintendent to represent each former school district consolidated into the county school district. Each assistant superintendent shall:

(1) manage and provide for the enforcement of the academic standards and discipline in the former school district the assistant superintendent represents; and

(2) for each campus located in the former school district the assistant superintendent represents, supervise the principal's administration of academic standards and discipline at the campus.

Sec. 14.010. ADMINISTRATIVE AND SUPPORT EMPLOYEES. (a) The superintendent of a county school district shall hire administrative and support employees in accordance with employee position titles and the number of employee positions authorized by the commissioner, based on the enrollment, geographic location, and other relevant factors that apply to the district.

(b) To the extent practicable, in hiring administrative and support employees, the superintendent shall employ administrative and support employees employed by the former school districts of which the consolidated district is composed.

(c) The employment of administrative and support employees of former school districts who are not employed in the same or a new position by the superintendent under this section may not be terminated by the county school district before the first anniversary of the date of the creation of the district. This subsection does not prohibit the board of trustees from discharging an employee for good cause, as determined by the board of trustees.

Sec. 14.011. EXPENDITURES FOR INSTRUCTIONAL PURPOSES. Beginning not later than the first anniversary of the date that the board of trustees hires a superintendent of the county school district, the superintendent shall ensure that at least 60 percent of the district's total revenue is spent for instructional purposes as defined by the National Center for Education Statistics.

Sec. 14.012. MONETARY SAVINGS. A county school district board of trustees shall use any monetary savings that the board determines are attributable to the creation of the county school district under this chapter to provide additional compensation or other benefits to each employee in the county school district other than the superintendent or assistant superintendent or a member of the superintendent's or assistant superintendent's immediate staff.

SECTION 2. As soon as practicable after the effective date of this Act, the commissioner of education shall adopt rules concerning employee position titles and the number of employee positions authorized for a county school district created under Chapter 14, Education Code, as added by this Act.

SECTION 3. 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, 2007.