Bill Text: TX HB2047 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the detachment and annexation of school district territory by agreement.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-25 - Left pending in committee [HB2047 Detail]
Download: Texas-2017-HB2047-Introduced.html
85R6537 MEW-F | ||
By: VanDeaver | H.B. No. 2047 |
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relating to the detachment and annexation of school district | ||
territory by agreement. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 13, Education Code, is | ||
amended by adding Section 13.0515 to read as follows: | ||
Sec. 13.0515. DETACHMENT AND ANNEXATION OF TERRITORY BY | ||
AGREEMENT. (a) In accordance with this section, two or more | ||
contiguous school districts may enter into a boundary change | ||
agreement to transfer or exchange territory through detachment and | ||
annexation. Each school district that is a party to the agreement | ||
to detach and annex territory must conduct a hearing and adopt a | ||
resolution approving the boundary change as provided by this | ||
section. | ||
(b) Before adopting a boundary change agreement, each | ||
school district shall appoint two members from the district's board | ||
of trustees and one member from the district's administration to a | ||
boundary change committee. | ||
(c) The boundary change committee established under | ||
Subsection (b): | ||
(1) shall investigate a potential transfer or exchange | ||
of territory through detachment and annexation between the school | ||
districts; and | ||
(2) may develop and propose a written boundary change | ||
plan to present to the board of trustees of each school district. | ||
(d) A boundary change plan developed under Subsection (c) | ||
must include: | ||
(1) a designation of each territory to be detached and | ||
annexed by a metes and bounds description; | ||
(2) the total taxable valuation of the property in | ||
each designated territory according to the most recent certified | ||
appraisal roll; | ||
(3) a summary of any social, economic, or educational | ||
effects of approving the boundary changes; | ||
(4) a summary of the educational interests of the | ||
current students residing or future students expected to reside in | ||
each designated territory; | ||
(5) a school finance summary that shows the fiscal | ||
impact of the proposed boundary changes for each affected school | ||
district; and | ||
(6) a proposed boundary change agreement describing | ||
the proposed boundary changes. | ||
(e) The territory designated for detachment and annexation | ||
under a boundary change agreement must be contiguous to the school | ||
district receiving the territory. | ||
(f) A boundary change agreement may not reduce a school | ||
district's territory to an area of less than nine square miles. | ||
(g) A boundary change committee may not propose a boundary | ||
change plan unless at least two of the three members of the | ||
committee from each school district approve the plan. On approval | ||
of the plan, the committee shall submit the written boundary change | ||
plan to the board of trustees of each affected school district. | ||
(h) Immediately following receipt of the boundary change | ||
plan, each affected board of trustees shall give notice of the | ||
proposed boundary change plan 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 | ||
proposed boundary change shall be held. Unless the districts hold a | ||
joint hearing, the districts must hold hearings on separate dates. | ||
At each hearing, members of the boundary change committee and | ||
affected persons are entitled to an opportunity to be heard. | ||
(i) At the hearing, each board of trustees shall consider | ||
the boundary change plan, the information received from members of | ||
the boundary change committee and affected persons, the educational | ||
interests of the current students residing or future students | ||
expected to reside in each designated territory and in each | ||
affected district, and the social, economic, and educational | ||
effects of the proposed boundary change plan. A board of trustees | ||
may not amend the proposed boundary change plan or agreement. After | ||
the conclusion of the hearing, each board of trustees shall adopt a | ||
resolution approving or disapproving the boundary change plan and | ||
agreement. The resolution and boundary change agreement shall be | ||
recorded in the minutes of each affected board of trustees and shall | ||
be reported to the commissioners court of each county to which a | ||
district receiving territory is assigned for administrative | ||
purposes by the agency and to the commissioners court of each county | ||
to which a district from which territory is to be detached is | ||
assigned for administrative purposes. | ||
(j) If each board of trustees of the affected districts | ||
approves the boundary change agreement, 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 or exchange of territory in accordance | ||
with the boundary change agreement. Title to all real property of a | ||
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 a | ||
district from which the territory is to be detached that is | ||
allocated to the receiving district under Section 13.004. | ||
(k) If the board of trustees of each district that is a party | ||
to the boundary change agreement approves the agreement, the | ||
decisions are final and may not be appealed. | ||
(l) Section 13.002 does not apply to this section. | ||
(m) 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 | ||
annexed territory shall be paid to the school district that imposed | ||
the tax. | ||
SECTION 2. The heading to Section 13.051, Education Code, | ||
is amended to read as follows: | ||
Sec. 13.051. DETACHMENT AND ANNEXATION OF TERRITORY BY | ||
PETITION. | ||
SECTION 3. 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, 2017. |