CHAPTER 13. CREATION, CONSOLIDATION, AND ABOLITION OF A DISTRICT
EDUCATION CODE
TITLE 2. PUBLIC EDUCATION
SUBTITLE C. LOCAL ORGANIZATION AND GOVERNANCE
CHAPTER 13. CREATION, CONSOLIDATION, AND ABOLITION OF A DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 13.001. DEFINITION. In this chapter, "membership" means
the number of students enrolled in a school district as of a
given date.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.002. PERMITTED FREQUENCY OF PROPOSED ACTIONS. (a) If
at an election on a proposition under this chapter the majority
of the votes are cast against the proposition, another election
for the same purpose may not be held earlier than the
corresponding uniform election date three years after the date of
the first election. If a majority of the votes are cast in favor
of the proposition, an election to reverse the effects of the
first election may not be held earlier than the corresponding
uniform election date three years after the date of the first
election.
(b) If, without an election, an action under this chapter occurs
on the order or ordinance of an authority acting in response to a
petition and the petitioners' request is rejected, that authority
may not consider a subsequent petition on the same request
earlier than three years after the date on which the request is
rejected. If the request is granted and the order is issued or
the ordinance is adopted, a petition to reverse the effects of
the order or ordinance may not be considered by the authority
earlier than three years after the date of issuance or adoption.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.003. PETITION AND ELECTION. (a) Except as otherwise
provided by this chapter, this section governs:
(1) the validity of a petition submitted to request an election
under this chapter; and
(2) the conduct of the resulting election.
(b) To be valid, a petition must:
(1) be submitted to the county judge serving the county in which
the appropriate school district is located;
(2) be signed by at least 10 percent of the registered voters of
the appropriate district; and
(3) state the purpose for which it is being submitted.
(c) Immediately following receipt of a valid petition, the
county judge shall order the election to be held on an authorized
election date, as prescribed by Chapter 41, Election Code,
occurring not later than the 60th day after the date of receipt.
If an authorized date within that period does not allow
sufficient time to comply with other legal requirements or if
there is no authorized date within that period, the election
shall be ordered for the next authorized date.
(d) The election order must include the date of the election,
the hours during which the polls will be open, the location of
the polling places, and the proposition to be voted on.
(e) Not earlier than the 30th day or later than the 10th day
before the date of the election, the county judge shall give
notice of the election by having a copy of the election order
published at least once in a newspaper published at least once
each week in the appropriate school district. If such a newspaper
is not published in the district, the notice shall be published
in at least one newspaper of general circulation in the county in
which the district is located. The county judge shall give
additional notice of the election by having a copy of the
election order posted in a public place in each election precinct
not later than the 21st day before the date of the election.
(f) The election precincts and polling places usually used in
the elections of the appropriate school district shall be used in
an election held under this chapter, except that if another
election is occurring on the same date for all or part of the
same geographic area, precincts and polling places shall be
selected to allow each voter to cast ballots at the same polling
place for each of the elections. To the extent practical, the
election shall be conducted in accordance with the Election Code.
(g) The expenses of the election shall be paid by the
appropriate school district or districts.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.004. ALLOCATION OF INDEBTEDNESS AND PERSONAL PROPERTY.
(a) If under this chapter a school district assumes a portion of
the indebtedness of another district, the commissioners court by
order shall equitably allocate the indebtedness among the
districts involved. If territory from one district is annexed to
another or if a district is abolished, the commissioners court
shall also equitably allocate among the receiving districts a
portion of the personal property of the annexed district or all
the personal property of an abolished district. If districts
located in more than one county are involved, the commissioners
court of each county in which an involved school district is
located must agree on the allocation of indebtedness and personal
property.
(b) In allocating the indebtedness and personal property, the
commissioners court shall consider the value of the properties
involved and the taxable value of the districts involved.
(c) The order of the commissioners court is binding on the
school districts and territory affected by the order.
(d) A school district required to assume the indebtedness of
another district under this chapter is not required to conduct an
election on assumption of the indebtedness. Without an election,
the school district assuming the indebtedness may levy and
collect taxes necessary to pay principal and interest on the
assumed debt so long as the debt is outstanding.
(e) Without an election, a school district may issue refunding
bonds for bonds of another district assumed under this chapter.
(f) If an entire district is annexed to or consolidated with
another district, if a district is converted from a common to an
independent school district, or if a school district is separated
from a municipality, the governing board of the district as
changed may, without an election, sell and deliver any unissued
bonds voted in the district before the change and may levy and
collect taxes in the district as changed for the payment of
principal and interest on bonds.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.005. EFFECTIVE DATE OF TRANSFER. (a) Except as
provided by this section or by a local consolidation agreement
under Section 13.158, the annexation of all or part of the
territory of one district to another is effective on the first
July 1 that is more than 30 days after the date of the order or
ordinance accomplishing the annexation or of the declaration of
the results of an election at which the transfer is approved.
(b) On the effective date of the transfer:
(1) students residing in the territory become residents of the
receiving district;
(2) title to property allocated to the receiving district vests
in the district;
(3) the receiving district assumes any debt allocated to it; and
(4) the receiving district assumes jurisdiction of the annexed
territory for all other purposes.
(c) If the annexation is appealed to the commissioner and is
approved, the transfer is effective on a date set by the
commissioner that is not earlier than the 30th day after the date
of the commissioner's decision in the appeal. If the decision of
the commissioner is appealed to a district court in Travis
County, the transfer, if approved, is effective on a date set by
the court.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 7, eff.
Sept. 1, 2003.
Sec. 13.006. TAXING AUTHORITY TRANSFER. (a) If all or part of
the territory of a school district is annexed to another
district, the receiving district may levy taxes at the rate
established in accordance with law for the district as a whole
and is not required to conduct an election for the purpose of
taxing the territory received.
(b) Conversion of a common school district or rural high school
district to an independent school district or separation from
municipal control does not affect the taxes levied for school
purposes. The new district may levy and collect taxes at the same
rate at which the taxes were previously levied and is not
required to conduct an election for that purpose.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.008. DISTRICT TRUSTEE APPROVAL OF BOUNDARY CHANGES
REQUIRED. Any change in the boundaries of a school district is
not effective unless approved by a majority of the board of
trustees of the district if the board's approval is required
under this chapter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.009. APPEALS. (a) A decision of a commissioners court
under this chapter may be appealed for a de novo review.
(b) If this chapter requires the agreement of or action by two
or more commissioners courts, and the commissioners courts fail
to agree or take action within a reasonable time set by rule of
the State Board of Education, a person aggrieved by the failure
may appeal to the commissioner for resolution of the issue.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.010. BOUNDARY DESCRIPTIONS AND MAPS TO BE FILED WITH
AGENCY. (a) Each school district shall file with the agency:
(1) a complete and legally sufficient description of the
boundaries of the district;
(2) a map of the district that:
(A) is drawn to the county general highway maps produced by the
Texas Department of Transportation or a similar map of sufficient
detail to display the names of visible features that the
boundaries follow or to which the boundaries are in close
proximity; and
(B) is an accurate and legible representation of the boundaries
in relationship to other features on the map; and
(3) a list of voting precincts in the district, separately
listing those precincts wholly in the district and those
precincts only partly in the district.
(b) A school district shall amend the information and maps on
file under this section if the boundaries of the district change
or if any other change makes the information on file incomplete
or inaccurate.
(c) The agency shall make maps and information maintained under
this section available to the legislature and legislative
agencies without cost.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
SUBCHAPTER B. DETACHMENT; ANNEXATION
Sec. 13.051. DETACHMENT AND ANNEXATION OF TERRITORY. (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. 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.
(b) The petition requesting detachment and annexation must:
(1) be signed by a majority of:
(A) the registered voters residing in the territory to be
detached and annexed, if the territory has residents; or
(B) the surface owners of taxable property in the territory to
be detached and annexed, if the territory does not have
residents; and
(2) give the metes and bounds of the territory to be detached
and annexed.
(c) Territory that does not have residents may be detached from
a school district and annexed to another school district if:
(1) the total taxable value of the property in the territory
according to the most recent certified appraisal roll for each
school district is not greater than:
(A) five percent of the district's taxable value of all property
in that district as determined under Subchapter M, Chapter 403,
Government Code; and
(B) $5,000 property value per student in average daily
attendance as determined under Section 42.005; and
(2) the school district from which the property will be detached
does not own any real property located in the territory.
(d) The proposed annexation must be approved by the board of
trustees of each affected district, subject to the appeal
provisions of Subsection (j).
(e) Unless the petition is signed by a majority of the trustees
of the district from which the territory is to be detached,
territory that has residents may not be detached from a school
district under this section if detachment would reduce that
district's tax base by a ratio at least twice as large as the
ratio by which it would reduce its membership. The first ratio is
determined by dividing the assessed value of taxable property in
the affected territory by the assessed value of all taxable
property in the district, both figures according to the preceding
year's tax rolls. The second ratio is determined by dividing the
number of students residing in the affected territory by the
number of students residing in the district as a whole, using
membership on the last day of the preceding school year and the
students' places of residence as of that date.
(f) A school district may not be reduced to an area of less than
nine square miles.
(g) Immediately following receipt of the petition 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. After the conclusion of
the hearing, 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.
(i) If both boards of trustees of the affected districts approve
the petition, 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. Title to all real property of the 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 the district from
which the territory is to be detached that is allocated to the
receiving district under Section 13.004.
(j) If both boards of trustees of the affected districts
disapprove the petition, the decisions may not be appealed. If
the board of trustees of only one affected district disapproves
the petition, an aggrieved party to the proceedings in either
district may appeal the board's decision to the commissioner
under Section 7.057. An appeal under this subsection is de novo.
In deciding the appeal, the commissioner shall consider the
educational interests of the students in the affected territory
and the affected districts and the social, economic, and
educational effects of the proposed boundary change.
(k) 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 the annexed territory shall be paid to the school
district that imposed the tax.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.052. DORMANT SCHOOL DISTRICTS. (a) If the commissioner
determines that a school district has failed to operate a school
for a full school year, the commissioner shall report to each
appropriate commissioners court that the district is dormant.
(b) The commissioners court of a county shall by order annex
each dormant school district within the county with an adjoining
district or districts. If the dormant district is a county-line
district, the commissioners court of each county in which the
district is located shall annex the territory of the dormant
district that is within that county. The commissioners court may
annex territory to a school district only if the board of
trustees of that district approves the annexation.
(c) The governing board of the district to which a dormant
school district is annexed is the governing board for the new
district.
(d) The order of the commissioners court shall define by legal
boundary description the territory of the new district as
enlarged and shall be recorded in the minutes of the
commissioners court.
(e) Title to the real property of the dormant district vests in
the district to which the property is annexed. Each district to
which territory is annexed assumes and is liable for any portion
of the dormant district's indebtedness that is allocated to the
receiving district under Section 13.004.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.053. TERRITORY NOT IN SCHOOL DISTRICT. (a) All real
property must be included within the limits of a school district.
At any time it is determined that there is territory located in a
county but not within the described limits of a school district,
the commissioners court shall annex the territory to one or more
adjoining districts.
(b) The annexation order shall define by legal boundary
description the territory of the new district and shall be
recorded in the minutes of the commissioners court.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.054. ACADEMICALLY UNACCEPTABLE SCHOOL DISTRICTS. (a)
The commissioner by order may annex to one or more adjoining
districts a school district that has been rated as academically
unacceptable for a period of two years.
(b) The governing board of a district to which territory of an
academically unacceptable district is annexed is the governing
board for the new district.
(c) The order of the commissioner shall define by legal boundary
description the territory of the new district as enlarged.
(d) Title to the real property of the academically unacceptable
district vests in the district to which the property is annexed.
Each district to which territory is annexed assumes and is liable
for any portion of the academically unacceptable district's
indebtedness that is allocated to the receiving district under
Section 13.004.
(e) Before the commissioner orders an annexation under this
section, the commissioner shall investigate the educational and
financial impact of the annexation on the receiving district. The
commissioner may order the annexation only if the commissioner
finds that the annexation will not substantially impair the
ability of the receiving district to educate the students located
in the district before the annexation and to meet its financial
obligations incurred before the annexation.
(f) For five years beginning with the school year in which the
annexation occurs, the commissioner shall annually adjust the
local fund assignment of a district to which territory is annexed
under this section by multiplying the enlarged district's local
fund assignment computed under Section 42.252 by a fraction, the
numerator of which is the number of students residing in the
district preceding the date of the annexation and the denominator
of which is the number of students residing in the district as
enlarged on the date of the annexation.
(g) A district to which territory is annexed under this section
is entitled to additional state aid equal to the amount by which
the annual debt service required to meet the indebtedness
incurred by the district due to the annexation exceeds the
additional amount of state aid that results from the adjustment
under Subsection (f), if any. In determining the amount of annual
debt service required, the estimated tax levy from applying the
receiving district's current debt service tax rate, if any, to
the territory that has been annexed shall be deducted.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
SUBCHAPTER C. CREATION OF DISTRICT BY DETACHMENT
Sec. 13.101. CREATION OF DISTRICT BY DETACHING TERRITORY FROM
EXISTING DISTRICT. (a) A new school district may be created by
detaching territory from an existing school district or existing
contiguous school districts and establishing a new school
district.
(b) A school district created under this subchapter has all the
rights and privileges of other independent school districts.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.102. MINIMUM AREA AND ATTENDANCE REQUIREMENTS. A new
district may not be created with an area of less than nine square
miles or fewer than 8,000 students in average daily attendance,
and a district may not be reduced to an area of less than nine
square miles or fewer than 8,000 students in average daily
attendance.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
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 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 10 percent of the registered voters
residing in the proposed area to be detached from an existing
district; and
(3) be addressed to the 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.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.104. ELECTION. (a) Not later than the 30th day after
the date the commissioners court receives a petition under this
subchapter, the commissioners court shall hold a hearing on the
validity of the petition. If the 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.
(b) The ballot shall be printed to permit voting for or against
the proposition: "Creation of a new school district that includes
the following territory from the _________ School District:
___________________." The ballot description of the territory to
be detached must be sufficient to give general notice of the
territory affected.
(c) An election on the detachment of the territory and creation
of a new district has no effect unless at least 25 percent of the
registered voters of each district vote in the election in which
the issue is on the ballot.
(d) The boards of trustees shall report the results of the
election to the 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.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.105. CREATION OF DISTRICT. (a) If all the requirements
of this subchapter are met, the commissioners court shall 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 order creating the district is made, the
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) 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 Section 13.004.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
SUBCHAPTER D. CONSOLIDATION
Sec. 13.151. DISTRICTS THAT MAY CONSOLIDATE. (a) By the
procedure provided by this subchapter, two or more school
districts may consolidate into a single school district.
(b) The consolidated district may include area in more than one
county.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.152. RESOLUTION OR PETITION. Consolidation is initiated
in each district proposed to be consolidated by either a
resolution adopted by the board of trustees of the district or a
petition requesting an election on the question that is signed by
the required number of registered voters of the district. Each
district is not required to use the same method to initiate
consolidation.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 8, eff.
Sept. 1, 2003.
Sec. 13.153. ELECTION ORDER; NOTICE. (a) Each board of
trustees shall:
(1) issue an order for an election to be held on the same day in
each district included in the proposed consolidated district; and
(2) give notice of the election.
(b) If no local consolidation agreement is submitted under
Section 13.158, the ballot in the election shall be printed to
permit voting for or against the proposition: "Consolidation of
(name of school districts) into a single school district."
(c) If a local consolidation agreement is submitted under
Section 13.158, the ballot in the election shall be printed to
permit voting for or against the proposition: "Consolidation of
(name of school districts) into a single school district under a
local consolidation agreement."
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 9, eff.
Sept. 1, 2003.
Sec. 13.154. CANVASS; RESULT. (a) Each board of trustees shall
canvass the returns of the election in its district and shall
publish the results separately for each district.
(b) If the votes cast in all districts show a majority in each
district voting in favor of the consolidation, the board of
trustees shall declare the school districts consolidated.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.155. STATUS; GOVERNANCE. (a) The consolidated district
is an independent school district.
(b) Except as provided by Subsection (c) or by a local
consolidation agreement under Section 13.158, the board of
trustees of the school district having the greatest membership on
the last day of the school year preceding the consolidation
serves as the board of trustees of the consolidated district
until the next regular election of trustees, at which time the
consolidated district shall elect a board of trustees.
(c) Except as provided by a local consolidation agreement under
Section 13.158, if the membership on the last day of the school
year preceding the consolidation in the district with the largest
membership is more than five times that of the other district or
districts consolidating with it, the trustees of the district
with the largest membership continue to serve for the terms for
which they have been elected and only the vacancies, as they
occur, are filled from the consolidated district.
(d) The powers, duties, and terms of office of the trustees are
governed by Chapter 11.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 10, eff.
Sept. 1, 2003.
Sec. 13.156. TITLE TO PROPERTY; ASSUMPTION OF DEBT. Title to
all property of the consolidating districts vests in the
consolidated district, and the consolidated district assumes and
is liable for the outstanding indebtedness of the consolidating
districts.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.157. DISSOLUTION OF CONSOLIDATED SCHOOL DISTRICT. (a)
A consolidated school district may be dissolved by the same
procedure provided for consolidation, except that it is not
necessary to provide polling places in each of the former
districts.
(b) If the district is dissolved, each of the former districts
is restored as a separate district and classified as an
independent school district.
(c) Title to property of the consolidated district that is
allocated to each of the restored districts under Section 13.004
vests in the restored districts, and each of the restored
districts assumes and is liable for the indebtedness of the
consolidated district as allocated under that section.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.158. LOCAL CONSOLIDATION AGREEMENT. (a) Before issuing
an order for an election under Section 13.153, the boards of
trustees of the districts to be consolidated may draft a local
consolidation agreement to be submitted to the registered voters
in each district. An agreement must set out the composition and
method of election of the consolidated board of trustees. The
identical agreement must be submitted to the registered voters of
each district.
(b) A local consolidation agreement may provide the following:
(1) an effective date that is not more than one year after the
date of the consolidation election;
(2) a schedule to elect the board of trustees of the
consolidated district before or after the effective date of
consolidation;
(3) that the consolidated district educate particular grades
within the boundaries of a district being consolidated;
(4) that the consolidated district maintain a specific campus in
operation;
(5) that if the votes cast in some districts, but not all
districts, show a majority voting in favor of the consolidation,
the districts receiving a favorable vote may consolidate;
(6) that a majority of the votes cast in each district must be
in favor of consolidation for there to be a consolidation; or
(7) any other provision consistent with state and federal law.
(c) Not later than 30 days before a consolidation election is
held, the boards of trustees of the districts to be consolidated
may amend the local consolidation agreement. After a successful
election to consolidate, the local consolidation agreement may
not be amended for five years following the effective date of
consolidation, unless a shorter period is set out in the
agreement. After that time, the agreement may be amended only by
unanimous vote of the board of trustees of the district.
(d) The commissioner may waive a requirement under this section
or Section 13.159 on application of the boards of trustees of all
districts proposed for consolidation.
Added by Acts 2003, 78th Leg., ch. 201, Sec. 11, eff. Sept. 1,
2003.
Sec. 13.159. PUBLIC INSPECTION AND HEARING. (a) A local
consolidation agreement under Section 13.158 must be made
available for public inspection during regular business hours at
the central administration building of each district for at least
25 days before the consolidation election.
(b) Each district shall hold a public hearing to allow
interested persons to present comments related to the local
consolidation agreement. If the agreement is amended following a
public hearing, before the consolidation election each district
shall hold another public hearing to consider the amendment.
(c) Each district shall provide notice of each public hearing to
the public.
Added by Acts 2003, 78th Leg., ch. 201, Sec. 11, eff. Sept. 1,
2003.
SUBCHAPTER E. ABOLITION OF INDEPENDENT SCHOOL DISTRICT
Sec. 13.201. ELIGIBILITY. An independent school district may be
abolished in the manner provided by this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.202. PETITION. Abolition of an independent school
district is initiated by a petition requesting an election on the
question. The petition must be signed by a majority of the board
of trustees of the district to be abolished and must be presented
to the county judge of each county in which part of the
independent school district is situated.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.203. ELECTION. (a) Each county judge receiving a valid
petition shall:
(1) issue an order for an election to be held on the same day in
each county; and
(2) give notice of the election.
(b) The ballot in the election shall be printed to permit voting
for or against the proposition: "Abolition of the ___________
Independent School District."
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.204. ORDER ABOLISHING DISTRICT. (a) The commissioners
court of each county shall canvass the returns of the election in
its county.
(b) If a majority of the total votes cast in the district favor
abolishing the district, each commissioners court shall declare
the results. The abolition is effective only if all territory of
the district is annexed to other contiguous districts.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.205. DISPOSITION OF TERRITORY; AFFAIRS OF ABOLISHED
DISTRICT. (a) The property and affairs of the abolished
district are governed by this section unless otherwise controlled
by the manner in which the district was abolished.
(b) Each commissioners court shall annex the territory of the
abolished independent school district in its county to one or
more contiguous districts in the county. The commissioners court
may annex territory to a school district only if the board of
trustees of that district approves the annexation.
(c) Title to the real property of the abolished district vests
in the district to which the property is annexed.
(d) If at the time of its abolition the independent school
district does not have outstanding indebtedness, all uncollected
taxes on the property of the district for the years up to and
including the last day of January of the year immediately
following the year in which the independent school district is
abolished shall be levied and collected, at the same rate and in
the same manner as authorized for the independent school district
immediately before its abolition, by the school district to which
the territory containing the property on which taxes are due is
annexed.
(e) Each school district to which territory from the abolished
district is annexed assumes and is liable for the indebtedness of
the abolished district that is allocated to the district under
Section 13.004.
(f) A creditor of an abolished independent school district must
file the creditor's claim against the district with the
commissioners court not later than the 60th day after the
effective date on which the independent school district is
abolished and, if the claim is not allowed, may maintain suit
against the abolished independent school district as such. Suit
must be brought not later than the first anniversary of the date
on which the claim is disallowed. Process in a suit, if
necessary, may be served on the county judge of each county in
which the district was located. The county commissioners court
shall defend any suit against an abolished independent school
district but may settle the litigation as the commissioners court
considers advisable. This section does not waive any defense
available to the abolished district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
SUBCHAPTER F. OTHER BOUNDARY CHANGES
Sec. 13.231. MINOR BOUNDARY ADJUSTMENTS BY AGREEMENT. (a) Two
contiguous school districts may adjust their common boundary by
agreement if, at the time the agreement is executed:
(1) no child who resides in the territory that is transferred
from one jurisdiction to the other is enrolled in a school of the
district from which the territory is transferred; and
(2) the taxable value of the territory that is transferred from
one jurisdiction to the other does not exceed one-tenth of one
percent of the total taxable value of all property in the school
district from which the territory is transferred.
(b) In this section, "taxable value" has the meaning assigned by
Section 403.302, Government Code.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
SUBCHAPTER G. INCENTIVE AID PAYMENTS
Sec. 13.281. INCENTIVE AID. (a) A school district created
after August 22, 1963, through consolidation may qualify for
incentive aid payments from the state.
(b) A school district may not receive incentive aid payments for
a period of more than 10 years.
(c) Incentive aid payments may be made only on application to
the agency and in compliance with this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.282. AMOUNT; COMPUTATION. (a) The amount of incentive
aid payments may not exceed the difference between:
(1) the sum of the entitlements computed under Section 42.253
that would have been paid to the districts included in the
reorganized district if the districts had not been consolidated;
and
(2) the amount to which the reorganized district is entitled
under Section 42.253.
(b) If the reorganized district is not eligible for an
entitlement under Section 42.253, the amount of the incentive aid
payments may not exceed the sum of the entitlements computed
under Section 42.253 for which the districts included in the
reorganized district were eligible in the school year when they
were consolidated.
(c) If there is a series of consolidations at intervals in
compliance with this chapter, the school district last organized
is eligible to receive at due times the total sum of the series
of incentive aid payments as computed separately at the time of
each consolidation, subject to this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.283. PAYMENTS REDUCED. The incentive aid payments shall
be reduced in direct proportion to any reduction in the average
daily attendance as determined under Section 42.005 of the
reorganized school district for the preceding year.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.284. CONDITIONS FOR PAYMENT. To receive incentive aid
payments:
(1) the geographical boundaries of the proposed district must be
submitted to the agency for approval; and
(2) the geographical boundaries approved by the agency must be
set forth in the petition for a consolidation election, if
applicable.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 13.285. COST. The cost of incentive aid payments
authorized by this subchapter shall be paid from the foundation
school fund.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 1, eff.
Sept. 1, 1997.