89R13093 PRL-D
By: Lowe H.B. No. 4156
A BILL TO BE ENTITLED
AN ACT
relating to creation of a school district by detachment of
territory from an existing school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 13, Education Code, is
amended by adding Section 13.100 to read as follows:
Sec. 13.100. DEFINITION. In this subchapter, "board" means
the State Board of Education.
SECTION 2. Section 13.103, Education Code, is amended to
read as follows:
Sec. 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 board [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 20 [10] percent of the
registered voters residing in each [the proposed area to be
detached from an] existing district from which territory is to be
detached; and
(3) be addressed to the board [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].
SECTION 3. Sections 13.104(a) and (d), Education Code, are
amended to read as follows:
(a) Not later than the 30th day after the date the board
[commissioners court] receives a petition under this subchapter,
the board [commissioners court] shall hold a hearing on the
validity of the petition. If the board [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.
(d) The boards of trustees shall report the results of the
election to the board [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].
SECTION 4. Section 13.105, Education Code, is amended to
read as follows:
Sec. 13.105. CREATION OF DISTRICT. (a) If all the
requirements of this subchapter are met, the board [commissioners
court] shall adopt a rule [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 rule [order] creating the district is
adopted [made], the board [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) The board by rule shall equitably allocate the
indebtedness and personal property of each school district from
which territory was detached among those districts and the new
school district.
(d) In allocating indebtedness and personal property under
Subsection (c), the board shall consider the value of the property
and the taxable value of the school districts subject to the
allocation.
(e) 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 this section [Section 13.004].
SECTION 5. This Act takes effect September 1, 2025.