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A BILL TO BE ENTITLED
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AN ACT
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relating to the taxing authority of certain home rule |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 11, Education Code, is |
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amended by adding to Section 11.303 new Subsections (i), (j), and |
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(k) to read as follows: |
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(i) The governing body of each home rule municipality having |
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a municipal school district within its boundaries shall, on or |
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before September 30, 2007, order a special election on the two |
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propositions set forth in subsections (1) and (2) below, which |
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election shall be held not later than the first uniform election |
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date following the expiration of sixty (60) days after the date of |
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the election order. Only one election for a change in governance of |
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a municipal school district shall be held. The ballot for such |
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election shall allow a voter to vote for or against each |
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proposition. If both propositions receive a majority vote of the |
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qualified electors voting at such election, only the proposition |
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receiving the highest number of favorable votes shall be deemed |
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approved. |
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(1) The first ballot proposition shall be: "The |
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assumption of control and governance of the __________ Municipal |
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School District by the City Council of the City of __________." |
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(2) The second ballot proposition shall be: "The |
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conversion of the ________ Municipal School District to an |
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independent school district." |
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(j) If the proposition in subsection (i)(1) for assumption |
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of governance of the municipal school district by the home rule |
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municipality is approved, then the assumption of governance of the |
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municipal school district by the home rule municipality shall occur |
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immediately upon the final canvass of the returns and declaring of |
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results of the election approving such assumption. The terms of |
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office of each member of the board of trustees of the municipal |
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school district shall terminate upon the canvass of returns and |
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declaration of results of such election, but each such member of the |
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board of trustees shall hold over in such capacity until removed by |
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the governing body of the home rule municipality. Members of an |
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appointive board of trustees for the municipal school district, |
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including those holding over following an election under subsection |
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(i), may be appointed by the governing body of the home rule |
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municipality for terms, but shall be removable at any time, with or |
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without cause, by the governing body of the home rule municipality. |
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The appointive board of trustees shall constitute the "governing |
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board" of the school district for the purposes of Chapter 45 of this |
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Code, and the procedures set forth in subsections (b) through (f) of |
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this section shall not apply to any such appointive board of |
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trustees. |
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(k) If the proposition in subsection (i)(2) for conversion |
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of the municipal school district into an independent school |
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district is approved, the status of the municipal school district |
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shall be changed to that of an independent school district |
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immediately upon the canvass of returns and declaration of results |
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of such election. As a newly created independent school district, |
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the former municipal school district shall have no further |
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relationship with the home rule municipality. An independent |
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school district created pursuant to an election held under |
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subsection (i) of this section shall cease to be governed by the |
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provisions of Section 11.303 of this Code and shall operate |
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pursuant to Subchapters B through F of this Chapter 11. |