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89(R) HB 5089 - House Committee Report version - Bill Text
By: Geren
H.B. No. 5089
Substitute the following for H.B. No. 5089:
By: Buckley
C.S.H.B. No. 5089
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. Section 13.103, Education Code, is amended to
read as follows:
Sec. 13.103. INITIATION OF DETACHMENT.
(a)
Creation of a
new district by detachment of territory that is in a single county
is initiated by a petition presented to the district court for the
county. The petition is subject to Subsection (c), but is not
subject to the requirements of law or court rule for a petition
initiating a civil suit.
(b)
Creation of a new district by detachment
of territory
that is in more than one county
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.
(c)
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
:
(A)
the
district
[
commissioners
] court
for
[
of
]
the county in which the territory of the proposed district is
located
;
or[
,
]
(B)
if the territory is in more than one county,
to the commissioners court of each county in which the territory is
located.
SECTION 2. Sections 13.104(a) and (d), Education Code, are
amended to read as follows:
Sec. 13.104. ELECTION. (a) Not later than the 30th day
after the date
a
[
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.
(d) The boards of trustees shall report the results of the
election to the appropriate
court or
[
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 3. 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
appropriate
[
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
district court or the
commissioners court of the county in which the
largest portion of the district's territory is located
, as
appropriate,
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
, except that the district court shall
make the required allocations under that section for a district
created in a single county
.
SECTION 4. This Act takes effect September 1, 2025.