Texas 2017 - 85th Regular

Texas House Bill HB2047 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R6537 MEW-F
2	2	By: VanDeaver H.B. No. 2047
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the detachment and annexation of school district
8	8	territory by agreement.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 13, Education Code, is
11	11	amended by adding Section 13.0515 to read as follows:
12	12	Sec. 13.0515. DETACHMENT AND ANNEXATION OF TERRITORY BY
13	13	AGREEMENT. (a) In accordance with this section, two or more
14	14	contiguous school districts may enter into a boundary change
15	15	agreement to transfer or exchange territory through detachment and
16	16	annexation. Each school district that is a party to the agreement
17	17	to detach and annex territory must conduct a hearing and adopt a
18	18	resolution approving the boundary change as provided by this
19	19	section.
20	20	(b) Before adopting a boundary change agreement, each
21	21	school district shall appoint two members from the district's board
22	22	of trustees and one member from the district's administration to a
23	23	boundary change committee.
24	24	(c) The boundary change committee established under
25	25	Subsection (b):
26	26	(1) shall investigate a potential transfer or exchange
27	27	of territory through detachment and annexation between the school
28	28	districts; and
29	29	(2) may develop and propose a written boundary change
30	30	plan to present to the board of trustees of each school district.
31	31	(d) A boundary change plan developed under Subsection (c)
32	32	must include:
33	33	(1) a designation of each territory to be detached and
34	34	annexed by a metes and bounds description;
35	35	(2) the total taxable valuation of the property in
36	36	each designated territory according to the most recent certified
37	37	appraisal roll;
38	38	(3) a summary of any social, economic, or educational
39	39	effects of approving the boundary changes;
40	40	(4) a summary of the educational interests of the
41	41	current students residing or future students expected to reside in
42	42	each designated territory;
43	43	(5) a school finance summary that shows the fiscal
44	44	impact of the proposed boundary changes for each affected school
45	45	district; and
46	46	(6) a proposed boundary change agreement describing
47	47	the proposed boundary changes.
48	48	(e) The territory designated for detachment and annexation
49	49	under a boundary change agreement must be contiguous to the school
50	50	district receiving the territory.
51	51	(f) A boundary change agreement may not reduce a school
52	52	district's territory to an area of less than nine square miles.
53	53	(g) A boundary change committee may not propose a boundary
54	54	change plan unless at least two of the three members of the
55	55	committee from each school district approve the plan. On approval
56	56	of the plan, the committee shall submit the written boundary change
57	57	plan to the board of trustees of each affected school district.
58	58	(h) Immediately following receipt of the boundary change
59	59	plan, each affected board of trustees shall give notice of the
60	60	proposed boundary change plan by publishing and posting a notice in
61	61	the manner required for an election order under Section 13.003. The
62	62	notice must specify the place and date at which a hearing on the
63	63	proposed boundary change shall be held. Unless the districts hold a
64	64	joint hearing, the districts must hold hearings on separate dates.
65	65	At each hearing, members of the boundary change committee and
66	66	affected persons are entitled to an opportunity to be heard.
67	67	(i) At the hearing, each board of trustees shall consider
68	68	the boundary change plan, the information received from members of
69	69	the boundary change committee and affected persons, the educational
70	70	interests of the current students residing or future students
71	71	expected to reside in each designated territory and in each
72	72	affected district, and the social, economic, and educational
73	73	effects of the proposed boundary change plan. A board of trustees
74	74	may not amend the proposed boundary change plan or agreement. After
75	75	the conclusion of the hearing, each board of trustees shall adopt a
76	76	resolution approving or disapproving the boundary change plan and
77	77	agreement. The resolution and boundary change agreement shall be
78	78	recorded in the minutes of each affected board of trustees and shall
79	79	be reported to the commissioners court of each county to which a
80	80	district receiving territory is assigned for administrative
81	81	purposes by the agency and to the commissioners court of each county
82	82	to which a district from which territory is to be detached is
83	83	assigned for administrative purposes.
84	84	(j) If each board of trustees of the affected districts
85	85	approves the boundary change agreement, the commissioners court or
86	86	commissioners courts to whom the matter is required to be reported
87	87	shall enter an order redefining the boundaries of the districts
88	88	affected by the transfer or exchange of territory in accordance
89	89	with the boundary change agreement. Title to all real property of a
90	90	district from which territory is detached within the territory
91	91	annexed vests in the receiving district, and the receiving district
92	92	assumes and is liable for any portion of the indebtedness of a
93	93	district from which the territory is to be detached that is
94	94	allocated to the receiving district under Section 13.004.
95	95	(k) If the board of trustees of each district that is a party
96	96	to the boundary change agreement approves the agreement, the
97	97	decisions are final and may not be appealed.
98	98	(l) Section 13.002 does not apply to this section.
99	99	(m) Any additional tax resulting from a change of use, as
100	100	provided for by Chapter 23, Tax Code, and the interest and penalty
101	101	on the additional tax, that is imposed for any year on land in
102	102	annexed territory shall be paid to the school district that imposed
103	103	the tax.
104	104	SECTION 2. The heading to Section 13.051, Education Code,
105	105	is amended to read as follows:
106	106	Sec. 13.051. DETACHMENT AND ANNEXATION OF TERRITORY BY
107	107	PETITION.
108	108	SECTION 3. This Act takes effect immediately if it receives
109	109	a vote of two-thirds of all the members elected to each house, as
110	110	provided by Section 39, Article III, Texas Constitution. If this
111	111	Act does not receive the vote necessary for immediate effect, this
112	112	Act takes effect September 1, 2017.