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A BILL TO BE ENTITLED
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AN ACT
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relating to the consolidation of, or detachment and annexation of |
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territory in, certain school districts and the board of trustees of |
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those districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 2, Education Code, is amended |
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by adding Chapter 14 to read as follows: |
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CHAPTER 14. CONSOLIDATION OF OR DETACHMENT AND ANNEXATION |
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IN CERTAIN SCHOOL DISTRICTS |
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Sec. 14.001. PURPOSE OF CHAPTER. (a) The purpose of this |
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chapter is to provide for the creation of one independent school |
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district in each county in this state, having boundaries |
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coextensive with the boundaries of the county. |
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(b) This chapter does not affect: |
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(1) the ability of a school district to consolidate or |
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detach and annex territory under Chapter 41; or |
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(2) the power of the commissioner to order a |
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consolidation or a detachment and annexation under Chapter 41. |
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Sec. 14.002. NONAPPLICABILITY OF CHAPTER. This chapter |
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does not apply to: |
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(1) a school district that, on the effective date of |
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this chapter, has boundaries that are coextensive with those of a |
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single county; or |
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(2) a special-purpose school district under |
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Subchapter H, Chapter 11. |
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Sec. 14.003. CONSOLIDATION OF CERTAIN SCHOOL DISTRICTS. |
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Each school district that contains territory located in a single |
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county shall enter into one or more consolidation agreements with |
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each other school district located in the county. |
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Sec. 14.004. DETACHMENT AND ANNEXATION OF TERRITORY OF |
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CERTAIN SCHOOL DISTRICTS. (a) Each school district that contains |
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territory located in two or more counties shall enter into one or |
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more agreements under which district territory in a county other |
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than the county in which the largest part of the district's student |
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population resides is detached from the district and annexed to a |
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district in the county in which that territory is located. |
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(b) After completing a detachment and annexation agreement |
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as required by Subsection (a), the school district shall enter into |
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one or more consolidation agreements as required by Section 14.003. |
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Sec. 14.005. INITIATION OF PROCEDURE. A consolidation |
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under Section 14.003 or a detachment and annexation under Section |
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14.004 must be initiated by a resolution of the board of trustees of |
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each school district involved in the procedure. |
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Sec. 14.006. ELECTION NOT REQUIRED. An election is not |
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required for a consolidation under Section 14.003 or a detachment |
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and annexation under Section 14.004. |
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Sec. 14.007. EFFECTIVE DATE OF TRANSFER. (a) A |
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consolidation under Section 14.003 or a detachment and annexation |
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under Section 14.004 must have an effective date not later than July |
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1, 2016. |
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(b) On the effective date of the transfer: |
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(1) students residing in the transferred territory |
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become residents of the receiving school district; |
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(2) title to property allocated to the receiving |
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district vests in the district; |
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(3) the receiving district assumes any debt allocated |
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to it; and |
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(4) the receiving district assumes jurisdiction of the |
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annexed territory for all other purposes. |
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Sec. 14.008. TERMS OF AGREEMENT. An agreement under |
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Section 14.003 or 14.004 must include, as appropriate: |
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(1) a schedule for electing a board of trustees of the |
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new school district; |
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(2) provisions relating to the transfer of title to |
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district property located in an area detached from one district and |
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annexed to another; and |
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(3) provisions relating to allocation of debt in |
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connection with district property located in an area detached from |
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one district and annexed to another. |
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Sec. 14.009. STATUS OF RESULTING DISTRICT; ELECTION OF |
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BOARD OF TRUSTEES. (a) A school district resulting from a |
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consolidation or detachment and annexation under this chapter is an |
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independent school district. |
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(b) Beginning with the first regular election after the |
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consolidation, the board of trustees shall be elected in the manner |
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provided by Section 11.0511. |
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Sec. 14.010. ABOLITION OF COUNTY SYSTEM. (a) On the |
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effective date of an agreement under this chapter creating a school |
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district that contains all the territory in a single county that has |
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a county system operating under former Chapter 18 as provided by |
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Section 11.301, the county system is abolished. |
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(b) On the abolition of a county system under this section, |
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all assets and liabilities of the system are transferred to the |
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independent school district for the county. |
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Sec. 14.011. ASSUMPTION OF DEBT. (a) A school district |
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that assumes the indebtedness of another district under this |
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chapter is not required to conduct an election on assumption of the |
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indebtedness. Without an election, the school district assuming the |
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indebtedness may impose and collect taxes necessary to pay |
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principal and interest on the assumed debt so long as the debt is |
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outstanding. |
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(b) Without an election, a school district may issue |
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refunding bonds for bonds of another district assumed under this |
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chapter. |
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Sec. 14.012. TAXING AUTHORITY TRANSFER. If all or part of |
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the territory of a school district is annexed to another district, |
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the receiving district may impose taxes at the rate established in |
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accordance with law for the district as a whole and is not required |
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to conduct an election for the purpose of taxing the territory |
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received. |
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Sec. 14.013. BOUNDARY CHANGES RESULTING IN APPRAISAL |
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DISTRICT CHANGES. (a) This section applies if all or part of |
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territory annexed to a school district is in an appraisal district |
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in which the receiving district does not participate. |
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(b) For the tax year in which the annexation is effective, |
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the receiving district may impose taxes on the basis of: |
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(1) the valuation arrived at by the appraisal district |
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in which the territory is located before the annexation; or |
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(2) the valuation arrived at by a reappraisal |
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requested by the receiving district, and conducted by the appraisal |
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district in which the receiving district participates, in the |
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manner prescribed by Section 25.18(c), Tax Code. |
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Sec. 14.014. ACTION BY COMMISSIONER. (a) If a school |
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district required to enter into a consolidation agreement or |
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detachment and annexation agreement under this chapter fails to do |
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so before May 1, 2016, the commissioner shall enter an order |
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consolidating the school district with another district or |
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detaching territory from the district and annexing the territory to |
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another district so that each county contains: |
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(1) a single independent school district; or |
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(2) a single independent school district and one or |
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more special-purpose school districts under Subchapter H, Chapter |
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11. |
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(b) An order under this section may contain any appropriate |
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provision that may be contained in an agreement under Section |
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14.008. |
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Sec. 14.015. EXPIRATION. This chapter expires September 1, |
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2016. |
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SECTION 2. The heading to Section 11.051, Education Code, |
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is amended to read as follows: |
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Sec. 11.051. GOVERNANCE OF INDEPENDENT SCHOOL DISTRICT[;
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NUMBER OF TRUSTEES]. |
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SECTION 3. Subchapter C, Chapter 11, Education Code, is |
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amended by adding Section 11.0511 to read as follows: |
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Sec. 11.0511. NUMBER OF TRUSTEES; METHOD OF ELECTING BOARD. |
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(a) The board of trustees of a school district consists of nine |
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members, elected as provided by this section. |
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(b) One member of the board of trustees is elected by the |
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voters of the entire school district and shall serve as president of |
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the board. Two members of the board of trustees are elected from |
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each county commissioners precinct by the voters of that precinct. |
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(c) To be eligible to be a candidate for or to serve as |
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president of the board of trustees, a person must be a registered |
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voter in the school district. Except as provided by Subsection (e), |
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to be a candidate for or to serve as a member of the board of |
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trustees from a county commissioners precinct, a person must be a |
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registered voter of that precinct. |
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(d) A person shall indicate on the application for a place |
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on the ballot: |
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(1) the precinct that the person seeks to represent; |
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or |
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(2) that the person seeks the office of president. |
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(e) When the boundaries of the county commissioners |
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precincts are redrawn after each federal decennial census to |
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reflect population changes, a member of the board of trustees in |
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office on the effective date of the change, or a member of the board |
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of trustees elected or appointed before the effective date of the |
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change whose term of office begins on or after the effective date of |
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the change, shall serve in the precinct to which elected or |
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appointed even though the change in boundaries places the person's |
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residence outside the precinct for which the person was elected or |
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appointed. |
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(f) Before September 1, 2016, a school district described by |
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Section 14.002(1) shall begin electing its board of trustees in the |
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manner prescribed by this section and Section 11.059. This |
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subsection expires September 1, 2016. |
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SECTION 4. Effective September 1, 2016, Section 11.059, |
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Education Code, is amended by amending Subsection (d) and adding |
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Subsection (f) to read as follows: |
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(d) A board policy must state the schedule on which specific |
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terms expire. The policy must provide that except as provided by |
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Subsection (f), the terms of trustees elected from the same |
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commissioners precinct expire at different times. |
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(f) At the first election of trustees following a change in |
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the boundaries of county commissioners precincts as provided by |
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Section 11.0511: |
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(1) the positions of all trustees elected from |
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commissioners precincts shall be filled; |
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(2) the two candidates receiving the highest number of |
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votes for each county commissioners precinct are elected; and |
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(3) the trustees then elected shall, for each |
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precinct, draw lots for staggered terms as provided by this |
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section. |
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SECTION 5. Effective September 1, 2016, Section 11.061(c), |
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Education Code, is amended to read as follows: |
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(c) At [Except as provided by Section 11.062, at] the first |
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meeting after each election and qualification of trustees, the |
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members shall organize by selecting: |
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(1) [a president, who must be a member of the board;
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[(2)] a secretary, who may or may not be a member of |
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the board; and |
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(2) [(3)] other officers and committees the board |
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considers necessary. |
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SECTION 6. Effective September 1, 2016, Section 11.301(a), |
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Education Code, is amended to read as follows: |
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(a) A school district [or county system] operating under |
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former Chapter 17, [18,] 22, 25, 26, 27, or 28 on May 1, 1995, may |
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continue to operate under the applicable chapter as that chapter |
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existed on that date and under state law generally applicable to |
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school districts that does not conflict with that chapter. |
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SECTION 7. Effective September 1, 2016, Section 11.302, |
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Education Code, is amended to read as follows: |
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Sec. 11.302. PUBLIC INFORMATION. The governing body of a |
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school district [or county system] to which Section 11.301 applies |
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shall make available to the public for inspection and copying |
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during regular operating hours a copy of the provisions under which |
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the district [or county system] operates that are specific to that |
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type of district [or county system]. |
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SECTION 8. Section 11.354, Education Code, is amended to |
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read as follows: |
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Sec. 11.354. ABOLITION OF SPECIAL-PURPOSE DISTRICT. (a) On |
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the written request signed by a majority of the board of trustees of |
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a military reservation school district, the State Board of |
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Education may abolish the district. The State Board of Education |
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shall give written notice to the board of trustees requesting |
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abolition. |
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(b) Each commissioners court shall annex the territory of |
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the abolished military reservation school district in its county to |
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a contiguous school district in the county. |
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(c) Title to the real property of the abolished military |
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reservation school district vests in the district to which the |
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property is annexed. |
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(d) The school district to which territory from the |
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abolished district is annexed assumes and is liable for the |
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indebtedness of the abolished district. |
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(e) A creditor of an abolished military reservation school |
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district must file the creditor's claim against the district with |
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the commissioners court not later than the 60th day after the |
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effective date on which the military reservation school district is |
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abolished and, if the claim is not allowed, may maintain suit |
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against the abolished military reservation school district as such. |
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Suit must be brought not later than the first anniversary of the |
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date on which the claim is disallowed. Process in a suit, if |
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necessary, may be served on the county judge of each county in which |
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the district was located. The commissioners court shall defend any |
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suit against an abolished military reservation school district but |
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may settle the litigation as the commissioners court considers |
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advisable. This section does not waive any defense available to the |
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abolished district. [The territory of the abolished district and
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property of the district shall be disposed of as provided by Section
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13.205.] |
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SECTION 9. Section 12.029, Education Code, is amended to |
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read as follows: |
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Sec. 12.029. STATUS OF DISTRICT IN CASE OF ANNEXATION OR |
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CONSOLIDATION. (a) If a school district is annexed to another |
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district under Chapter 14 [13], and only one of the districts has a |
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home-rule school district status, the status, as a home-rule or |
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other type of school district, of the receiving district is the |
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status for both districts following annexation. |
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(b) Except as provided by Subchapter H, Chapter 41, if two |
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or more school districts having different status, one of which is |
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home-rule school district status, consolidate into a single |
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district, [the petition under Section 13.003 initiating the
|
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consolidation must state] the status for the consolidated district |
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is the status of the district with the greatest enrollment. [The
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ballot shall be printed to permit voting for or against the
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proposition: "Consolidation of (names of school districts) into a
|
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single school district governed as (status of school district
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specified in the petition)."] |
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SECTION 10. Section 39.102(a), Education Code, is amended |
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to read as follows: |
|
(a) If a school district does not satisfy the accreditation |
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criteria under Section 39.052, the academic performance standards |
|
under Section 39.053 or 39.054, or any financial accountability |
|
standard as determined by commissioner rule, the commissioner shall |
|
take any of the following actions to the extent the commissioner |
|
determines necessary: |
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(1) issue public notice of the deficiency to the board |
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of trustees; |
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(2) order a hearing conducted by the board of trustees |
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of the district for the purpose of notifying the public of the |
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insufficient performance, the improvements in performance expected |
|
by the agency, and the interventions and sanctions that may be |
|
imposed under this section if the performance does not improve; |
|
(3) order the preparation of a student achievement |
|
improvement plan that addresses each student achievement indicator |
|
under Section 39.053(c) for which the district's performance is |
|
insufficient, the submission of the plan to the commissioner for |
|
approval, and implementation of the plan; |
|
(4) order a hearing to be held before the commissioner |
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or the commissioner's designee at which the president of the board |
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of trustees of the district and the superintendent shall appear and |
|
explain the district's low performance, lack of improvement, and |
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plans for improvement; |
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(5) arrange an on-site investigation of the district; |
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(6) appoint an agency monitor to participate in and |
|
report to the agency on the activities of the board of trustees or |
|
the superintendent; |
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(7) appoint a conservator to oversee the operations of |
|
the district; |
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(8) appoint a management team to direct the operations |
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of the district in areas of insufficient performance or require the |
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district to obtain certain services under a contract with another |
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person; |
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(9) if a district has a current accreditation status |
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of accredited-warned or accredited-probation, fails to satisfy any |
|
standard under Section 39.054(e), or fails to satisfy financial |
|
accountability standards as determined by commissioner rule, |
|
appoint a board of managers to exercise the powers and duties of the |
|
board of trustees; |
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(10) if for two consecutive school years, including |
|
the current school year, a district has received an accreditation |
|
status of accredited-warned or accredited-probation, has failed to |
|
satisfy any standard under Section 39.054(e), or has failed to |
|
satisfy financial accountability standards as determined by |
|
commissioner rule, revoke the district's accreditation and,[:
|
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[(A)
order closure of the district and annex the
|
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district to one or more adjoining districts under Section 13.054;
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or
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[(B)] in the case of a home-rule school district |
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or open-enrollment charter school, order closure of all programs |
|
operated under the district's or school's charter; or |
|
(11) if a district has failed to satisfy any standard |
|
under Section 39.054(e) due to the district's dropout rates, impose |
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sanctions designed to improve high school completion rates, |
|
including: |
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(A) ordering the development of a dropout |
|
prevention plan for approval by the commissioner; |
|
(B) restructuring the district or appropriate |
|
school campuses to improve identification of and service to |
|
students who are at risk of dropping out of school, as defined by |
|
Section 29.081; |
|
(C) ordering lower student-to-counselor ratios |
|
on school campuses with high dropout rates; and |
|
(D) ordering the use of any other intervention |
|
strategy effective in reducing dropout rates, including mentor |
|
programs and flexible class scheduling. |
|
SECTION 11. Section 41.032, Education Code, is amended to |
|
read as follows: |
|
Sec. 41.032. CONSOLIDATION AGREEMENT [GOVERNING LAW]. The |
|
agreement among the consolidating districts [Except to the extent
|
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modified by the terms of the agreement, the consolidated district
|
|
is governed by the applicable provisions of Subchapter D, Chapter
|
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13, other than a provision requiring consolidating districts to be
|
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contiguous. The agreement] may not be inconsistent with the |
|
requirements of this subchapter. |
|
SECTION 12. Section 41.033(a), Education Code, is amended |
|
to read as follows: |
|
(a) The agreement among the consolidating districts may |
|
include a governance plan designed to preserve community-based and |
|
site-based decision making within the consolidated district, |
|
including the delegation of specific powers of the governing board |
|
of the district other than the power to impose [levy] taxes. The |
|
agreement may include: |
|
(1) an effective date that is not more than one year |
|
after the date of the consolidation election; |
|
(2) a schedule to elect the board of trustees of the |
|
consolidated district before or after the effective date of |
|
consolidation; |
|
(3) a requirement that the consolidated district |
|
educate particular grades within the boundaries of a district being |
|
consolidated; |
|
(4) a requirement that the consolidated district |
|
maintain a specific campus in operation; |
|
(5) a provision stating that if the votes cast in some |
|
districts, but not all districts, show a majority voting in favor of |
|
the consolidation, the districts receiving a favorable vote may |
|
consolidate; |
|
(6) a provision stating that a majority of the votes |
|
cast in each district must be in favor of consolidation for there to |
|
be a consolidation; or |
|
(7) any other provision consistent with state and |
|
federal law [, including a provision authorized by Section
|
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13.158(b)]. |
|
SECTION 13. Subchapter B, Chapter 41, Education Code, is |
|
amended by adding Sections 41.0331 and 41.0332 to read as follows: |
|
Sec. 41.0331. ELECTION. (a) Each board of trustees of a |
|
school district that proposes to consolidate under this subchapter |
|
shall: |
|
(1) issue an order for an election to be held on the |
|
same day in each district included in the proposed consolidated |
|
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 school district." |
|
(c) Each board of trustees shall canvass the returns of the |
|
election in its district and shall publish the results separately |
|
for each district. |
|
(d) If the votes cast in all districts show a majority in |
|
each district voting in favor of the consolidation, the boards of |
|
trustees shall declare the districts consolidated. |
|
Sec. 41.0332. TITLE TO PROPERTY; ASSUMPTION OF DEBT. Title |
|
to all property of the consolidating districts vests in the |
|
consolidated district, and the consolidated district assumes and is |
|
liable for the outstanding indebtedness of the consolidating |
|
districts. |
|
SECTION 14. Section 41.064, Education Code, is amended to |
|
read as follows: |
|
Sec. 41.064. ALLOCATION OF INDEBTEDNESS. (a) The |
|
annexation agreement may allocate to the receiving district any |
|
portion of the indebtedness of the district from which the |
|
territory is detached, and the receiving district assumes and is |
|
liable for the allocated indebtedness. |
|
(b) A school district that assumes the indebtedness of |
|
another district under this subchapter is not required to conduct |
|
an election on assumption of the indebtedness. Without an election, |
|
the school district assuming the indebtedness may impose and |
|
collect taxes necessary to pay principal and interest on the |
|
assumed debt so long as the debt is outstanding. |
|
(c) Without an election, a school district may issue |
|
refunding bonds for bonds of another district assumed under this |
|
subchapter. |
|
SECTION 15. Subchapter C, Chapter 41, Education Code, is |
|
amended by adding Sections 41.066 and 41.067 to read as follows: |
|
Sec. 41.066. TRANSFER. On the effective date of the |
|
transfer of territory under this subchapter: |
|
(1) students residing in the transferred territory |
|
become residents of the receiving school district; |
|
(2) title to property allocated to the receiving |
|
district vests in the district; |
|
(3) the receiving district assumes any debt allocated |
|
to it; and |
|
(4) the receiving district assumes jurisdiction of the |
|
annexed territory for all other purposes. |
|
Sec. 41.067. TAXING AUTHORITY TRANSFER. The receiving |
|
district may impose taxes at the rate established in accordance |
|
with law for the district as a whole and is not required to conduct |
|
an election for the purpose of taxing the territory received. |
|
SECTION 16. Section 41.096(a), Education Code, is amended |
|
to read as follows: |
|
(a) After first executing an agreement under this section, |
|
the board of trustees shall order and conduct an election[, in the
|
|
manner provided by Sections 13.003(d)-(g),] to obtain voter |
|
approval of the agreement. |
|
SECTION 17. Section 41.122(a), Education Code, is amended |
|
to read as follows: |
|
(a) After first executing an agreement under this |
|
subchapter other than an agreement under Section 41.125, the board |
|
of trustees of the district that will be educating nonresident |
|
students shall order and conduct an election[, in the manner
|
|
provided by Sections 13.003(d)-(g),] to obtain voter approval of |
|
the agreement. |
|
SECTION 18. The following provisions of the Education Code |
|
are repealed: |
|
(1) Chapter 13; and |
|
(2) Sections 41.007, 41.034(b) and (c), 41.062, and |
|
41.253(d). |
|
SECTION 19. Effective September 1, 2016, the following |
|
provisions of the Education Code are repealed: |
|
(1) Sections 11.051(b) and (c); |
|
(2) Section 11.052; |
|
(3) Section 11.053; |
|
(4) Section 11.054; |
|
(5) Section 11.055(b); |
|
(6) Section 11.057; |
|
(7) Section 11.058; |
|
(8) Section 11.062; |
|
(9) Section 11.065; and |
|
(10) Section 11.303. |
|
SECTION 20. Except as otherwise provided by this Act, 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 on the |
|
91st day after the last day of the legislative session, except as |
|
otherwise provided by this Act. |