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A BILL TO BE ENTITLED
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AN ACT
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relating to the detachment and annexation of school district |
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territory by agreement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 13, Education Code, is |
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amended by adding Section 13.0515 to read as follows: |
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Sec. 13.0515. DETACHMENT AND ANNEXATION OF TERRITORY BY |
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AGREEMENT. (a) In accordance with this section, two or more |
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contiguous school districts may enter into a boundary change |
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agreement to transfer or exchange territory through detachment and |
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annexation. Each school district that is a party to the agreement |
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to detach and annex territory must conduct a hearing and adopt a |
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resolution approving the boundary change as provided by this |
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section. |
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(b) Before adopting a boundary change agreement, each |
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school district shall appoint two members from the district's board |
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of trustees and one member from the district's administration to a |
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boundary change committee. |
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(c) The boundary change committee established under |
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Subsection (b): |
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(1) shall investigate a potential transfer or exchange |
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of territory through detachment and annexation between the school |
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districts; and |
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(2) may develop and propose a written boundary change |
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plan to present to the board of trustees of each school district. |
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(d) A boundary change plan developed under Subsection (c) |
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must include: |
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(1) a designation of each territory to be detached and |
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annexed by a metes and bounds description; |
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(2) the total taxable valuation of the property in |
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each designated territory according to the most recent certified |
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appraisal roll; |
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(3) a summary of any social, economic, or educational |
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effects of approving the boundary changes; |
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(4) a summary of the educational interests of the |
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current students residing or future students expected to reside in |
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each designated territory; |
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(5) a school finance summary that shows the fiscal |
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impact of the proposed boundary changes for each affected school |
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district; and |
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(6) a proposed boundary change agreement describing |
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the proposed boundary changes. |
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(e) The territory designated for detachment and annexation |
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under a boundary change agreement must be contiguous to the school |
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district receiving the territory. |
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(f) A boundary change agreement may not reduce a school |
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district's territory to an area of less than nine square miles. |
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(g) A boundary change committee may not propose a boundary |
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change plan unless at least two of the three members of the |
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committee from each school district approve the plan. On approval |
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of the plan, the committee shall submit the written boundary change |
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plan to the board of trustees of each affected school district. |
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(h) Immediately following receipt of the boundary change |
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plan, each affected board of trustees shall give notice of the |
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proposed boundary change plan by publishing and posting a notice in |
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the manner required for an election order under Section 13.003. The |
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notice must specify the place and date at which a hearing on the |
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proposed boundary change shall be held. Unless the districts hold a |
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joint hearing, the districts must hold hearings on separate dates. |
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At each hearing, members of the boundary change committee and |
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affected persons are entitled to an opportunity to be heard. |
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(i) At the hearing, each board of trustees shall consider |
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the boundary change plan, the information received from members of |
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the boundary change committee and affected persons, the educational |
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interests of the current students residing or future students |
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expected to reside in each designated territory and in each |
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affected district, and the social, economic, and educational |
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effects of the proposed boundary change plan. A board of trustees |
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may not amend the proposed boundary change plan or agreement. After |
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the conclusion of the hearing, each board of trustees shall adopt a |
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resolution approving or disapproving the boundary change plan and |
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agreement. The resolution and boundary change agreement shall be |
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recorded in the minutes of each affected board of trustees and shall |
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be reported to the commissioners court of each county to which a |
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district receiving territory is assigned for administrative |
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purposes by the agency and to the commissioners court of each county |
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to which a district from which territory is to be detached is |
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assigned for administrative purposes. |
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(j) If each board of trustees of the affected districts |
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approves the boundary change agreement, the commissioners court or |
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commissioners courts to whom the matter is required to be reported |
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shall enter an order redefining the boundaries of the districts |
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affected by the transfer or exchange of territory in accordance |
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with the boundary change agreement. Title to all real property of a |
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district from which territory is detached within the territory |
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annexed vests in the receiving district, and the receiving district |
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assumes and is liable for any portion of the indebtedness of a |
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district from which the territory is to be detached that is |
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allocated to the receiving district under Section 13.004. |
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(k) If the board of trustees of each district that is a party |
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to the boundary change agreement approves the agreement, the |
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decisions are final and may not be appealed. |
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(l) Section 13.002 does not apply to this section. |
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(m) Any additional tax resulting from a change of use, as |
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provided for by Chapter 23, Tax Code, and the interest and penalty |
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on the additional tax, that is imposed for any year on land in |
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annexed territory shall be paid to the school district that imposed |
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the tax. |
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SECTION 2. The heading to Section 13.051, Education Code, |
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is amended to read as follows: |
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Sec. 13.051. DETACHMENT AND ANNEXATION OF TERRITORY BY |
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PETITION. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |