88R3167 ANG-F
By: VanDeaver H.B. No. 1067
A BILL TO BE ENTITLED
AN ACT
relating to the detachment and annexation of school district
territory by petition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.051, Education Code, is amended by
amending Subsections (a), (g), and (h) and adding Subsection (h-1)
to read as follows:
(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. Not later than the 30th day after the
date the petition is received, each [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.
(g) Not later than the 10th day after the date [Immediately
following receipt of] the petition is received [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. Not later than the 15th
day after the date [After the conclusion of] the hearing concludes,
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.
(h-1) If the board of trustees of an affected district fails
to adopt a resolution approving or disapproving the petition
requesting the detachment and annexation on or before the 45th day
following the date the petition is received, the petition is
considered to be disapproved by that board of trustees.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.