| 1 | 1 | | 88R3167 ANG-F |
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| 2 | 2 | | By: VanDeaver H.B. No. 1067 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the detachment and annexation of school district |
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| 8 | 8 | | territory by petition. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 13.051, Education Code, is amended by |
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| 11 | 11 | | amending Subsections (a), (g), and (h) and adding Subsection (h-1) |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (a) In accordance with this section, territory may be |
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| 14 | 14 | | detached from a school district and annexed to another school |
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| 15 | 15 | | district that is contiguous to the detached territory. A petition |
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| 16 | 16 | | requesting the detachment and annexation must be presented to the |
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| 17 | 17 | | board of trustees of the district from which the territory is to be |
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| 18 | 18 | | detached and to the board of trustees of the district to which the |
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| 19 | 19 | | territory is to be annexed. Not later than the 30th day after the |
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| 20 | 20 | | date the petition is received, each [Each] board of trustees to |
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| 21 | 21 | | which a petition is required to be presented must conduct a hearing |
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| 22 | 22 | | and adopt a resolution as provided by this section for the |
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| 23 | 23 | | annexation to be effective. |
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| 24 | 24 | | (g) Not later than the 10th day after the date [Immediately |
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| 25 | 25 | | following receipt of] the petition is received [as required by this |
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| 26 | 26 | | section], each affected board of trustees shall give notice of the |
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| 27 | 27 | | contemplated change by publishing and posting a notice in the |
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| 28 | 28 | | manner required for an election order under Section 13.003. The |
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| 29 | 29 | | notice must specify the place and date at which a hearing on the |
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| 30 | 30 | | matter shall be held. Unless the districts hold a joint hearing, |
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| 31 | 31 | | the districts must hold hearings on separate dates. At each |
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| 32 | 32 | | hearing, affected persons are entitled to an opportunity to be |
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| 33 | 33 | | heard. |
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| 34 | 34 | | (h) At the hearing, each board of trustees shall consider |
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| 35 | 35 | | the educational interests of the current students residing or |
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| 36 | 36 | | future students expected to reside in the affected territory and in |
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| 37 | 37 | | the affected districts and the social, economic, and educational |
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| 38 | 38 | | effects of the proposed boundary change. Not later than the 15th |
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| 39 | 39 | | day after the date [After the conclusion of] the hearing concludes, |
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| 40 | 40 | | each board of trustees shall make findings as to the educational |
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| 41 | 41 | | interests of the current students residing or future students |
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| 42 | 42 | | expected to reside in the affected territory and in the affected |
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| 43 | 43 | | districts and as to the social, economic, and educational effects |
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| 44 | 44 | | of the proposed boundary change and shall, on the basis of those |
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| 45 | 45 | | findings, adopt a resolution approving or disapproving the |
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| 46 | 46 | | petition. The findings and resolution shall be recorded in the |
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| 47 | 47 | | minutes of each affected board of trustees and shall be reported to |
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| 48 | 48 | | the commissioners court of the county to which the receiving |
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| 49 | 49 | | district is assigned for administrative purposes by the agency and |
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| 50 | 50 | | to the commissioners court of the county to which the district from |
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| 51 | 51 | | which territory is to be detached is assigned for administrative |
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| 52 | 52 | | purposes. |
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| 53 | 53 | | (h-1) If the board of trustees of an affected district fails |
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| 54 | 54 | | to adopt a resolution approving or disapproving the petition |
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| 55 | 55 | | requesting the detachment and annexation on or before the 45th day |
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| 56 | 56 | | following the date the petition is received, the petition is |
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| 57 | 57 | | considered to be disapproved by that board of trustees. |
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| 58 | 58 | | SECTION 2. This Act takes effect immediately if it receives |
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| 59 | 59 | | a vote of two-thirds of all the members elected to each house, as |
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| 60 | 60 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 61 | 61 | | Act does not receive the vote necessary for immediate effect, this |
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| 62 | 62 | | Act takes effect September 1, 2023. |
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