Consolidating school districts texas
If the request is granted and the order is issued or the ordinance is adopted, a petition to reverse the effects of the order or ordinance may not be considered by the authority earlier than three years after the date of issuance or adoption. If a majority of the votes are cast in favor of the proposition, an election to reverse the effects of the first election may not be held earlier than the corresponding uniform election date three years after the date of the first election.(b) If, without an election, an action under this chapter occurs on the order or ordinance of an authority acting in response to a petition and the petitioners' request is rejected, that authority may not consider a subsequent petition on the same request earlier than three years after the date on which the request is rejected. (a) Except as otherwise provided by this chapter, this section governs:(1) the validity of a petition submitted to request an election under this chapter; and(2) the conduct of the resulting election.(b) To be valid, a petition must:(1) be submitted to the county judge serving the county in which the appropriate school district is located;(2) be signed by at least 10 percent of the registered voters of the appropriate district; and(3) state the purpose for which it is being submitted.(c) Immediately following receipt of a valid petition, the county judge shall order the election to be held on an authorized election date, as prescribed by Chapter 41, Election Code, occurring not later than the 60th day after the date of receipt. If districts located in more than one county are involved, the commissioners court of each county in which an involved school district is located must agree on the allocation of indebtedness and personal property.(b) In allocating the indebtedness and personal property, the commissioners court shall consider the value of the properties involved and the taxable value of the districts involved.(c) The order of the commissioners court is binding on the school districts and territory affected by the order.(d) A school district required to assume the indebtedness of another district under this chapter is not required to conduct an election on assumption of the indebtedness. If territory from one district is annexed to another or if a district is abolished, the commissioners court shall also equitably allocate among the receiving districts a portion of the personal property of the annexed district or all the personal property of an abolished district. (a) Except as provided by this section or by a local consolidation agreement under Section 13.158, the annexation of all or part of the territory of one district to another is effective on the first July 1 that is more than 30 days after the date of the order or ordinance accomplishing the annexation or of the declaration of the results of an election at which the transfer is approved.(b) On the effective date of the transfer:(1) students residing in the territory become residents of the receiving 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.(c) If the annexation is appealed to the commissioner and is approved, the transfer is effective on a date set by the commissioner that is not earlier than the 30th day after the date of the commissioner's decision in the appeal. The new district may levy and collect taxes at the same rate at which the taxes were previously levied and is not required to conduct an election for that purpose.
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. Each board of trustees to which a petition is required to be presented must conduct a hearing and adopt a resolution as provided by this section for the annexation to be effective.(b) The petition requesting detachment and annexation must:(1) be signed by a majority of:(A) the registered voters residing in the territory to be detached and annexed, if the territory has residents; or(B) the surface owners of taxable property in the territory to be detached and annexed, if the territory does not have residents; and(2) give the metes and bounds of the territory to be detached and annexed.(c) Territory that does not have residents may be detached from a school district and annexed to another school district if:(1) the total taxable value of the property in the territory according to the most recent certified appraisal roll for each school district is not greater than:(A) five percent of the district's taxable value of all property in that district as determined under Subchapter M, Chapter 403, Government Code; and(B) ,000 property value per student in average daily attendance as determined under Section 42.005; and(2) the school district from which the property will be detached does not own any real property located in the territory.(d) The proposed annexation must be approved by the board of trustees of each affected district, subject to the appeal provisions of Subsection (j).(e) Unless the petition is signed by a majority of the trustees of the district from which the territory is to be detached, territory that has residents may not be detached from a school district under this section if detachment would reduce that district's tax base by a ratio at least twice as large as the ratio by which it would reduce its membership. (a) All real property must be included within the limits of a school district. The commissioner shall provide additional state aid under this subsection from funds appropriated for purposes of the Foundation School Program. A petition requesting the detachment and annexation must be presented to the board of trustees of the district from which the territory is to be detached and to the board of trustees of the district to which the territory is to be annexed. The commissioner shall determine the amount of additional state aid provided each year by dividing the amount of debt service taxes received by the district during the tax year preceding the tax year in which the annexation occurs by the number of students enrolled in the district immediately preceding the date of annexation, and multiplying that result by the number of additional students enrolled in the district on September 1 after the date of annexation. Title to all real property of the district from which territory is detached within the territory annexed vests in the receiving district, and the receiving district assumes and is liable for any portion of the indebtedness of the district from which the territory is to be detached that is allocated to the receiving district under Section 13.004.(j) If both boards of trustees of the affected districts disapprove the petition, the decisions may not be appealed. The findings and resolution shall be recorded in the minutes of each affected board of trustees and shall be reported to the commissioners court of the county to which the receiving district is assigned for administrative purposes by the agency and to the commissioners court of the county to which the district from which territory is to be detached is assigned for administrative purposes.(i) If both boards of trustees of the affected districts approve the petition, the commissioners court or commissioners courts to whom the matter is required to be reported shall enter an order redefining the boundaries of the districts affected by the transfer.