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A BILL TO BE ENTITLED
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AN ACT
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relating to creation of a school district by detachment of |
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territory from an existing school district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.103, Education Code, is amended to |
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read as follows: |
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Sec. 13.103. INITIATION OF DETACHMENT. (a) Creation of a |
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new district by detachment of territory that is in a single county |
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is initiated by a petition presented to the district court for the |
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county. The petition is subject to Subsection (c), but is not |
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subject to the requirements of law or court rule for a petition |
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initiating a civil suit. |
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(b) Creation of a new district by detachment of territory |
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that is in more than one county is initiated by resolution of the |
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board of trustees of each district from which territory is to be |
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detached or by a petition presented to the commissioners court. |
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(c) A petition under this subchapter must: |
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(1) give the metes and bounds of the proposed new |
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district; |
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(2) be signed by at least 20 [10] percent of the |
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registered voters residing in each [the proposed area to be |
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detached from an] existing district from which territory is to be |
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detached; [and] |
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(3) be addressed to: |
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(A) the district [commissioners] court for [of] |
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the county in which the territory of the proposed district is |
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located; or[,] |
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(B) if the territory is in more than one county, |
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to the commissioners court of each county in which the territory is |
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located. |
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SECTION 2. Sections 13.104(a) and (d), Education Code, are |
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amended to read as follows: |
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Sec. 13.104. ELECTION. (a) Not later than the 30th day |
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after the date a [the commissioners] court receives a petition |
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under this subchapter, the [commissioners] court shall hold a |
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hearing on the validity of the petition. If the [commissioners] |
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court determines the petition is valid, each board of trustees |
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shall order an election to be held on the same date in each |
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district. |
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(d) The boards of trustees shall report the results of the |
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election to the appropriate court or [commissioners] courts, which |
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shall declare the results of the election. The new school district |
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is created only if the proposition receives: |
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(1) a majority of the votes in the territory to be |
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detached; and |
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(2) a majority of the votes in the remaining territory |
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in each district from which property is to be detached in the manner |
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prescribed by Section 13.003. |
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SECTION 3. Section 13.105, Education Code, is amended to |
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read as follows: |
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Sec. 13.105. CREATION OF DISTRICT. (a) If all the |
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requirements of this subchapter are met, the appropriate |
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[commissioners] court shall enter an order creating the new school |
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district. If the new district contains territory in two or more |
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counties, the order must be concurred in by the commissioners court |
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of each county concerned. |
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(b) At the time the order creating the district is made, the |
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district court or the commissioners court of the county in which the |
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largest portion of the district's territory is located, as |
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appropriate, shall appoint a board of seven trustees for the new |
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district to serve until the next regular election of trustees, when |
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a board of trustees shall be elected in compliance with Chapter 11. |
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(c) Title to school district real property in the territory |
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detached vests in the new district. The new district assumes and is |
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liable for any portion of outstanding indebtedness of the district |
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from which the territory was detached that is allocated to the new |
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district under Section 13.004, except that the district court shall |
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make the required allocations under that section for a district |
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created in a single county. |
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SECTION 4. This Act takes effect September 1, 2025. |