EDUCATION CODE
CHAPTER 13. CREATION, CONSOLIDATION, AND ABOLITION OF A DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
§ 13.001. DEFINITION. In this chapter, "membership"
means the number of students enrolled in a school district as of a
given date.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.002. PERMITTED FREQUENCY OF PROPOSED
ACTIONS. (a) If at an election on a proposition under this
chapter the majority of the votes are cast against the proposition,
another election for the same purpose may not be held earlier than
the corresponding uniform election date three years after the date
of the first election. 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. 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.003. PETITION AND ELECTION. (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
an authorized date within that period does not allow sufficient
time to comply with other legal requirements or if there is no
authorized date within that period, the election shall be ordered
for the next authorized date.
(d) The election order must include the date of the
election, the hours during which the polls will be open, the
location of the polling places, and the proposition to be voted on.
(e) Not earlier than the 30th day or later than the 10th day
before the date of the election, the county judge shall give notice
of the election by having a copy of the election order published at
least once in a newspaper published at least once each week in the
appropriate school district. If such a newspaper is not published
in the district, the notice shall be published in at least one
newspaper of general circulation in the county in which the
district is located. The county judge shall give additional notice
of the election by having a copy of the election order posted in a
public place in each election precinct not later than the 21st day
before the date of the election.
(f) The election precincts and polling places usually used
in the elections of the appropriate school district shall be used in
an election held under this chapter, except that if another
election is occurring on the same date for all or part of the same
geographic area, precincts and polling places shall be selected to
allow each voter to cast ballots at the same polling place for each
of the elections. To the extent practical, the election shall be
conducted in accordance with the Election Code.
(g) The expenses of the election shall be paid by the
appropriate school district or districts.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.004. ALLOCATION OF INDEBTEDNESS AND PERSONAL
PROPERTY. (a) If under this chapter a school district assumes a
portion of the indebtedness of another district, the commissioners
court by order shall equitably allocate the indebtedness among the
districts involved. 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. 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. Without an election,
the school district assuming the indebtedness may levy and collect
taxes necessary to pay principal and interest on the assumed debt so
long as the debt is outstanding.
(e) Without an election, a school district may issue
refunding bonds for bonds of another district assumed under this
chapter.
(f) If an entire district is annexed to or consolidated with
another district, if a district is converted from a common to an
independent school district, or if a school district is separated
from a municipality, the governing board of the district as changed
may, without an election, sell and deliver any unissued bonds voted
in the district before the change and may levy and collect taxes in
the district as changed for the payment of principal and interest on
bonds.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.005. EFFECTIVE DATE OF TRANSFER. (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. If the decision of the
commissioner is appealed to a district court in Travis County, the
transfer, if approved, is effective on a date set by the court.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 201, § 7, eff. Sept. 1,
2003.
§ 13.006. TAXING AUTHORITY TRANSFER. (a) If all or
part of the territory of a school district is annexed to another
district, the receiving district may levy 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.
(b) Conversion of a common school district or rural high
school district to an independent school district or separation
from municipal control does not affect the taxes levied for school
purposes. 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.007. BOUNDARY CHANGES RESULTING IN APPRAISAL
DISTRICT CHANGES. (a) This section applies if all or part of
territory annexed to a school district is in an appraisal district
in which the receiving district does not participate.
(b) If before the annexation the receiving district is
located in two or more counties and has chosen to participate in a
single appraisal district, the boundaries of that appraisal
district extend to include the annexed territory. For the tax year
in which the annexation is effective, the receiving district may
impose taxes on the basis of:
(1) the valuation arrived at by the appraisal district
in which the territory is located before the annexation; or
(2) the valuation arrived at by a reappraisal
requested by the receiving district, and conducted by the appraisal
district in which the receiving district participates, in the
manner prescribed by Section 25.18(c), Tax Code.
(c) If before the annexation the receiving district is in a
single county or participates in more than one appraisal district,
the receiving district may choose to participate in a single
appraisal district in the manner prescribed by Section 6.02, Tax
Code, for a newly created district. For the tax year in which the
annexation is effective, the receiving district shall impose taxes
on the basis of the valuation arrived at by the appraisal district
in which the territory is located before the annexation.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.008. DISTRICT TRUSTEE APPROVAL OF BOUNDARY CHANGES
REQUIRED. Any change in the boundaries of a school district is not
effective unless approved by a majority of the board of trustees of
the district if the board's approval is required under this
chapter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.009. APPEALS. (a) A decision of a commissioners
court under this chapter may be appealed for a de novo review.
(b) If this chapter requires the agreement of or action by
two or more commissioners courts, and the commissioners courts fail
to agree or take action within a reasonable time set by rule of the
State Board of Education, a person aggrieved by the failure may
appeal to the commissioner for resolution of the issue.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.010. BOUNDARY DESCRIPTIONS AND MAPS TO BE FILED
WITH AGENCY. (a) Each school district shall file with the agency:
(1) a complete and legally sufficient description of
the boundaries of the district;
(2) a map of the district that:
(A) is drawn to the county general highway maps
produced by the Texas Department of Transportation or a similar map
of sufficient detail to display the names of visible features that
the boundaries follow or to which the boundaries are in close
proximity; and
(B) is an accurate and legible representation of
the boundaries in relationship to other features on the map; and
(3) a list of voting precincts in the district,
separately listing those precincts wholly in the district and those
precincts only partly in the district.
(b) A school district shall amend the information and maps
on file under this section if the boundaries of the district change
or if any other change makes the information on file incomplete or
inaccurate.
(c) The agency shall make maps and information maintained
under this section available to the legislature and legislative
agencies without cost.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER B. DETACHMENT; ANNEXATION
§ 13.051. DETACHMENT AND ANNEXATION OF
TERRITORY. (a) In accordance with this section, territory may be
detached from a school district and annexed to another school
district that is contiguous to the detached territory. 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. 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) $5,000 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. The first ratio is
determined by dividing the assessed value of taxable property in
the affected territory by the assessed value of all taxable
property in the district, both figures according to the preceding
year's tax rolls. The second ratio is determined by dividing the
number of students residing in the affected territory by the number
of students residing in the district as a whole, using membership on
the last day of the preceding school year and the students' places
of residence as of that date.
(f) A school district may not be reduced to an area of less
than nine square miles.
(g) Immediately following receipt of the petition as
required by this section, each affected board of trustees shall
give notice of the contemplated change by publishing and posting a
notice in the manner required for an election order under Section
13.003. The notice must specify the place and date at which a
hearing on the matter shall be held. Unless the districts hold a
joint hearing, the districts must hold hearings on separate dates.
At each hearing, affected persons are entitled to an opportunity to
be heard.
(h) At the hearing, each board of trustees shall consider
the educational interests of the current students residing or
future students expected to reside in the affected territory and in
the affected districts and the social, economic, and educational
effects of the proposed boundary change. After the conclusion of
the hearing, each board of trustees shall make findings as to the
educational interests of the current students residing or future
students expected to reside in the affected territory and in the
affected districts and as to the social, economic, and educational
effects of the proposed boundary change and shall, on the basis of
those findings, adopt a resolution approving or disapproving the
petition. 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. 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. If the
board of trustees of only one affected district disapproves the
petition, an aggrieved party to the proceedings in either district
may appeal the board's decision to the commissioner under Section
7.057. An appeal under this subsection is de novo. In deciding the
appeal, the commissioner shall consider the educational interests
of the students in the affected territory and the affected
districts and the social, economic, and educational effects of the
proposed boundary change.
(k) Any additional tax resulting from a change of use, as
provided for by Chapter 23, Tax Code, and the interest and penalty
on the additional tax, that is imposed for any year on land in the
annexed territory shall be paid to the school district that imposed
the tax.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.052. DORMANT SCHOOL DISTRICTS. (a) If the
commissioner determines that a school district has failed to
operate a school for a full school year, the commissioner shall
report to each appropriate commissioners court that the district is
dormant.
(b) The commissioners court of a county shall by order annex
each dormant school district within the county with an adjoining
district or districts. If the dormant district is a county-line
district, the commissioners court of each county in which the
district is located shall annex the territory of the dormant
district that is within that county. The commissioners court may
annex territory to a school district only if the board of trustees
of that district approves the annexation.
(c) The governing board of the district to which a dormant
school district is annexed is the governing board for the new
district.
(d) The order of the commissioners court shall define by
legal boundary description the territory of the new district as
enlarged and shall be recorded in the minutes of the commissioners
court.
(e) Title to the real property of the dormant district vests
in the district to which the property is annexed. Each district to
which territory is annexed assumes and is liable for any portion of
the dormant district's indebtedness that is allocated to the
receiving district under Section 13.004.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.053. TERRITORY NOT IN SCHOOL DISTRICT. (a) All
real property must be included within the limits of a school
district. At any time it is determined that there is territory
located in a county but not within the described limits of a school
district, the commissioners court shall annex the territory to one
or more adjoining districts.
(b) The annexation order shall define by legal boundary
description the territory of the new district and shall be recorded
in the minutes of the commissioners court.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.054. ACADEMICALLY UNACCEPTABLE SCHOOL
DISTRICTS. (a) The commissioner by order may annex to one or more
adjoining districts a school district that has been rated as
academically unacceptable for a period of two years.
(b) The governing board of a district to which territory of
an academically unacceptable district is annexed is the governing
board for the new district.
(c) The order of the commissioner shall define by legal
boundary description the territory of the new district as enlarged.
(d) Title to the real property of the academically
unacceptable district vests in the district to which the property
is annexed. Each district to which territory is annexed assumes and
is liable for any portion of the academically unacceptable
district's indebtedness that is allocated to the receiving district
under Section 13.004.
(e) Before the commissioner orders an annexation under this
section, the commissioner shall investigate the educational and
financial impact of the annexation on the receiving district. The
commissioner may order the annexation only if the commissioner
finds that the annexation will not substantially impair the ability
of the receiving district to educate the students located in the
district before the annexation and to meet its financial
obligations incurred before the annexation.
(f) For five years beginning with the school year in which
the annexation occurs, the commissioner shall annually adjust the
local fund assignment of a district to which territory is annexed
under this section by multiplying the enlarged district's local
fund assignment computed under Section 42.252 by a fraction, the
numerator of which is the number of students residing in the
district preceding the date of the annexation and the denominator
of which is the number of students residing in the district as
enlarged on the date of the annexation.
(g) A district to which territory is annexed under this
section is entitled to additional state aid equal to the amount by
which the annual debt service required to meet the indebtedness
incurred by the district due to the annexation exceeds the
additional amount of state aid that results from the adjustment
under Subsection (f), if any. In determining the amount of annual
debt service required, the estimated tax levy from applying the
receiving district's current debt service tax rate, if any, to the
territory that has been annexed shall be deducted.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER C. CREATION OF DISTRICT BY DETACHMENT
§ 13.101. CREATION OF DISTRICT BY DETACHING TERRITORY
FROM EXISTING DISTRICT. (a) A new school district may be created
by detaching territory from an existing school district or existing
contiguous school districts and establishing a new school district.
(b) A school district created under this subchapter has all
the rights and privileges of other independent school districts.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.102. MINIMUM AREA AND ATTENDANCE REQUIREMENTS. A
new district may not be created with an area of less than nine
square miles or fewer than 8,000 students in average daily
attendance, and a district may not be reduced to an area of less
than nine square miles or fewer than 8,000 students in average daily
attendance.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 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 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 10 percent of the registered
voters residing in the proposed area to be detached from an existing
district; and
(3) be addressed to the 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.104. ELECTION. (a) Not later than the 30th day
after the date the commissioners court receives a petition under
this subchapter, the commissioners court shall hold a hearing on
the validity of the petition. If the 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.
(b) The ballot shall be printed to permit voting for or
against the proposition: "Creation of a new school district that
includes the following territory from the _________ School
District: ___________________." The ballot description of the
territory to be detached must be sufficient to give general notice
of the territory affected.
(c) An election on the detachment of the territory and
creation of a new district has no effect unless at least 25 percent
of the registered voters of each district vote in the election in
which the issue is on the ballot.
(d) The boards of trustees shall report the results of the
election to the 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.105. CREATION OF DISTRICT. (a) If all the
requirements of this subchapter are met, the commissioners court
shall 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 order creating the district is made, the
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) 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 Section 13.004.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER D. CONSOLIDATION
§ 13.151. DISTRICTS THAT MAY CONSOLIDATE. (a) By the
procedure provided by this subchapter, two or more school districts
may consolidate into a single school district.
(b) The consolidated district may include area in more than
one county.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.152. RESOLUTION OR PETITION. Consolidation is
initiated in each district proposed to be consolidated by either a
resolution adopted by the board of trustees of the district or a
petition requesting an election on the question that is signed by
the required number of registered voters of the district. Each
district is not required to use the same method to initiate
consolidation.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 201, § 8, eff. Sept. 1,
2003.
§ 13.153. ELECTION ORDER; NOTICE. (a) Each board of
trustees 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) If no local consolidation agreement is submitted under
Section 13.158, the ballot in the election shall be printed to
permit voting for or against the proposition: "Consolidation of
(name of school districts) into a single school district."
(c) If a local consolidation agreement is submitted under
Section 13.158, the ballot in the election shall be printed to
permit voting for or against the proposition: "Consolidation of
(name of school districts) into a single school district under a
local consolidation agreement."
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 201, § 9, eff. Sept. 1,
2003.
§ 13.154. CANVASS; RESULT. (a) Each board of trustees
shall canvass the returns of the election in its district and shall
publish the results separately for each district.
(b) If the votes cast in all districts show a majority in
each district voting in favor of the consolidation, the board of
trustees shall declare the school districts consolidated.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.155. STATUS; GOVERNANCE. (a) The consolidated
district is an independent school district.
(b) Except as provided by Subsection (c) or by a local
consolidation agreement under Section 13.158, the board of trustees
of the school district having the greatest membership on the last
day of the school year preceding the consolidation serves as the
board of trustees of the consolidated district until the next
regular election of trustees, at which time the consolidated
district shall elect a board of trustees.
(c) Except as provided by a local consolidation agreement
under Section 13.158, if the membership on the last day of the
school year preceding the consolidation in the district with the
largest membership is more than five times that of the other
district or districts consolidating with it, the trustees of the
district with the largest membership continue to serve for the
terms for which they have been elected and only the vacancies, as
they occur, are filled from the consolidated district.
(d) The powers, duties, and terms of office of the trustees
are governed by Chapter 11.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 201, § 10, eff. Sept. 1,
2003.
§ 13.156. 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.157. DISSOLUTION OF CONSOLIDATED SCHOOL
DISTRICT. (a) A consolidated school district may be dissolved by
the same procedure provided for consolidation, except that it is
not necessary to provide polling places in each of the former
districts.
(b) If the district is dissolved, each of the former
districts is restored as a separate district and classified as an
independent school district.
(c) Title to property of the consolidated district that is
allocated to each of the restored districts under Section 13.004
vests in the restored districts, and each of the restored districts
assumes and is liable for the indebtedness of the consolidated
district as allocated under that section.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.158. LOCAL CONSOLIDATION AGREEMENT. (a) Before
issuing an order for an election under Section 13.153, the boards of
trustees of the districts to be consolidated may draft a local
consolidation agreement to be submitted to the registered voters in
each district. An agreement must set out the composition and method
of election of the consolidated board of trustees. The identical
agreement must be submitted to the registered voters of each
district.
(b) A local consolidation agreement may provide the
following:
(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) that the consolidated district educate particular
grades within the boundaries of a district being consolidated;
(4) that the consolidated district maintain a specific
campus in operation;
(5) 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) 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.
(c) Not later than 30 days before a consolidation election
is held, the boards of trustees of the districts to be consolidated
may amend the local consolidation agreement. After a successful
election to consolidate, the local consolidation agreement may not
be amended for five years following the effective date of
consolidation, unless a shorter period is set out in the agreement.
After that time, the agreement may be amended only by unanimous vote
of the board of trustees of the district.
(d) The commissioner may waive a requirement under this
section or Section 13.159 on application of the boards of trustees
of all districts proposed for consolidation.
Added by Acts 2003, 78th Leg., ch. 201, § 11, eff. Sept. 1, 2003.
§ 13.159. PUBLIC INSPECTION AND HEARING. (a) A local
consolidation agreement under Section 13.158 must be made available
for public inspection during regular business hours at the central
administration building of each district for at least 25 days
before the consolidation election.
(b) Each district shall hold a public hearing to allow
interested persons to present comments related to the local
consolidation agreement. If the agreement is amended following a
public hearing, before the consolidation election each district
shall hold another public hearing to consider the amendment.
(c) Each district shall provide notice of each public
hearing to the public.
Added by Acts 2003, 78th Leg., ch. 201, § 11, eff. Sept. 1, 2003.
SUBCHAPTER E. ABOLITION OF INDEPENDENT SCHOOL DISTRICT
§ 13.201. ELIGIBILITY. An independent school district
may be abolished in the manner provided by this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.202. PETITION. Abolition of an independent school
district is initiated by a petition requesting an election on the
question. The petition must be signed by a majority of the board of
trustees of the district to be abolished and must be presented to
the county judge of each county in which part of the independent
school district is situated.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.203. ELECTION. (a) Each county judge receiving a
valid petition shall:
(1) issue an order for an election to be held on the
same day in each county; and
(2) give notice of the election.
(b) The ballot in the election shall be printed to permit
voting for or against the proposition: "Abolition of the
___________ Independent School District."
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.204. ORDER ABOLISHING DISTRICT. (a) The
commissioners court of each county shall canvass the returns of the
election in its county.
(b) If a majority of the total votes cast in the district
favor abolishing the district, each commissioners court shall
declare the results. The abolition is effective only if all
territory of the district is annexed to other contiguous districts.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.205. DISPOSITION OF TERRITORY; AFFAIRS OF
ABOLISHED DISTRICT. (a) The property and affairs of the
abolished district are governed by this section unless otherwise
controlled by the manner in which the district was abolished.
(b) Each commissioners court shall annex the territory of
the abolished independent school district in its county to one or
more contiguous districts in the county. The commissioners court
may annex territory to a school district only if the board of
trustees of that district approves the annexation.
(c) Title to the real property of the abolished district
vests in the district to which the property is annexed.
(d) If at the time of its abolition the independent school
district does not have outstanding indebtedness, all uncollected
taxes on the property of the district for the years up to and
including the last day of January of the year immediately following
the year in which the independent school district is abolished
shall be levied and collected, at the same rate and in the same
manner as authorized for the independent school district
immediately before its abolition, by the school district to which
the territory containing the property on which taxes are due is
annexed.
(e) Each school district to which territory from the
abolished district is annexed assumes and is liable for the
indebtedness of the abolished district that is allocated to the
district under Section 13.004.
(f) A creditor of an abolished independent school district
must file the creditor's claim against the district with the
commissioners court not later than the 60th day after the effective
date on which the independent school district is abolished and, if
the claim is not allowed, may maintain suit against the abolished
independent school district as such. Suit must be brought not later
than the first anniversary of the date on which the claim is
disallowed. Process in a suit, if necessary, may be served on the
county judge of each county in which the district was located. The
county commissioners court shall defend any suit against an
abolished independent school district but may settle the litigation
as the commissioners court considers advisable. This section does
not waive any defense available to the abolished district.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER F. OTHER BOUNDARY CHANGES
§ 13.231. MINOR BOUNDARY ADJUSTMENTS BY
AGREEMENT. (a) Two contiguous school districts may adjust their
common boundary by agreement if, at the time the agreement is
executed:
(1) no child who resides in the territory that is
transferred from one jurisdiction to the other is enrolled in a
school of the district from which the territory is transferred; and
(2) the taxable value of the territory that is
transferred from one jurisdiction to the other does not exceed
one-tenth of one percent of the total taxable value of all property
in the school district from which the territory is transferred.
(b) In this section, "taxable value" has the meaning
assigned by Section 403.302, Government Code.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER G. INCENTIVE AID PAYMENTS
§ 13.281. INCENTIVE AID. (a) A school district
created after August 22, 1963, through consolidation may qualify
for incentive aid payments from the state.
(b) A school district may not receive incentive aid payments
for a period of more than 10 years.
(c) Incentive aid payments may be made only on application
to the agency and in compliance with this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.282. AMOUNT; COMPUTATION. (a) The amount of
incentive aid payments may not exceed the difference between:
(1) the sum of the entitlements computed under Section
42.253 that would have been paid to the districts included in the
reorganized district if the districts had not been consolidated;
and
(2) the amount to which the reorganized district is
entitled under Section 42.253.
(b) If the reorganized district is not eligible for an
entitlement under Section 42.253, the amount of the incentive aid
payments may not exceed the sum of the entitlements computed under
Section 42.253 for which the districts included in the reorganized
district were eligible in the school year when they were
consolidated.
(c) If there is a series of consolidations at intervals in
compliance with this chapter, the school district last organized is
eligible to receive at due times the total sum of the series of
incentive aid payments as computed separately at the time of each
consolidation, subject to this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.283. PAYMENTS REDUCED. The incentive aid payments
shall be reduced in direct proportion to any reduction in the
average daily attendance as determined under Section 42.005 of the
reorganized school district for the preceding year.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.284. CONDITIONS FOR PAYMENT. To receive incentive
aid payments:
(1) the geographical boundaries of the proposed
district must be submitted to the agency for approval; and
(2) the geographical boundaries approved by the agency
must be set forth in the petition for a consolidation election, if
applicable.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 13.285. COST. The cost of incentive aid payments
authorized by this subchapter shall be paid from the foundation
school fund.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1071, § 1, eff. Sept. 1,
1997.
