school district carve-outs go to the State Board of Education

The text as introduced · 660 words

89R13093 PRL-D

By: Lowe
H.B. No. 4156

A BILL TO BE ENTITLED

AN ACT

relating to creation of a school district by detachment of

territory from an existing school district.

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

SECTION 1. Subchapter C, Chapter 13, Education Code, is

amended by adding Section 13.100 to read as follows:

Sec. 13.100. DEFINITION. In this subchapter, "board" means

the State Board of Education.

SECTION 2. Section 13.103, Education Code, is amended to

read as follows:

Sec. 13.103. INITIATION OF DETACHMENT. Creation of a new

district by detachment is initiated by [ resolution of the board of

trustees of each district from which territory is to be detached or

by ] a petition presented to the board [ commissioners court ]. A

petition under this subchapter must:

(1) give the metes and bounds of the proposed new

district;

(2) be signed by at least 20 [ 10 ] percent of the

registered voters residing in each [ the proposed area to be

detached from an ] existing district from which territory is to be

detached ; and

(3) be addressed to the board [ commissioners court of

the county in which the territory of the proposed district is

located or, if the territory is in more than one county, to the

commissioners court of each county in which the territory is

located ].

SECTION 3. Sections 13.104(a) and (d), Education Code, are

amended to read as follows:

(a) Not later than the 30th day after the date the board

[ commissioners court ] receives a petition under this subchapter,

the board [ commissioners court ] shall hold a hearing on the

validity of the petition. If the board [ commissioners court ]

determines the petition is valid, each board of trustees shall

order an election to be held on the same date in each district.

(d) The boards of trustees shall report the results of the

election to the board [ appropriate commissioners courts ], which

shall declare the results of the election. The new school district

is created only if the proposition receives:

(1) a majority of the votes in the territory to be

detached; and

(2) a majority of the votes in the remaining territory

in each district from which property is to be detached [ in the

manner prescribed by Section 13.003 ].

SECTION 4. Section 13.105, Education Code, is amended to

read as follows:

Sec. 13.105. CREATION OF DISTRICT. (a) If all the

requirements of this subchapter are met, the board [ commissioners

court ] shall adopt a rule [ enter an order ] creating the new school

district. [ If the new district contains territory in two or more

counties, the order must be concurred in by the commissioners court

of each county concerned. ]

(b) At the time the rule [ order ] creating the district is

adopted [ made ], the board [ commissioners court of the county in

which the largest portion of the district's territory is located ]

shall appoint a board of seven trustees for the new district to

serve until the next regular election of trustees, when a board of

trustees shall be elected in compliance with Chapter 11.

(c) The board by rule shall equitably allocate the

indebtedness and personal property of each school district from

which territory was detached among those districts and the new

school district.

(d) In allocating indebtedness and personal property under

Subsection (c), the board shall consider the value of the property

and the taxable value of the school districts subject to the

allocation.

(e) Title to school district real property in the territory

detached vests in the new district. The new district assumes and is

liable for any portion of outstanding indebtedness of the district

from which the territory was detached that is allocated to the new

district under this section [ Section 13.004 ].

SECTION 5. This Act takes effect September 1, 2025.