reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter G. Adult High School Charter School Program › Section 12.261. Expansion Amendment

Sec. 12.261.  EXPANSION AMENDMENT.  (a)  Not later than June 30 of each year, an eligible entity granted a charter under this subchapter must submit any request for approval of an expansion amendment intended to take effect the next school year.
(b)  An expansion amendment submitted under Subsection (a) is considered approved if the commissioner does not provide written notice to the eligible entity of the disapproval of the expansion amendment on or before August 1.
Transferred, redesignated and amended from Education Code, Section 29.259(i-2) by Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 13, eff. May 31, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 292 (S.B. 2032), Sec. 8, eff. May 29, 2023.
For expiration of Subsections (b-1), (c-1), and (c-2), see Subsection (c-2).
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter G. Adult High School Charter School Program › Section 12.264. Gifts, Grants, and Donations

Sec. 12.264.  GIFTS, GRANTS, AND DONATIONS.  (a)  The commissioner or an adult education program operated under a charter granted under this subchapter may accept gifts, grants, or donations from any public or private source to be used for purposes of this subchapter.
(b)  From any gifts, grants, or donations appropriated or otherwise available to the commissioner for the purpose, the commissioner shall provide to an eligible entity granted a charter under this subchapter funding for costs associated with implementing an adult education program operated under the charter not later than the 45th day after the date the charter is granted.
Transferred, redesignated and amended from Education Code, Section 29.259(r) by Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 16, eff. May 31, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 292 (S.B. 2032), Sec. 11, eff. May 29, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter G. Adult High School Charter School Program › Section 12.265. Rules

Sec. 12.265.  RULES.  (a)  The commissioner shall adopt rules necessary to administer the program under this subchapter, including rules to implement and administer:
(1)  the reporting requirements under Section 12.252(b)(2)(A);
(2)  the application process under Section 12.2565; and
(3)  the evaluation provisions under Section 12.262.
(b)  In adopting rules, the commissioner may modify charter school requirements only to the extent necessary for the administration of a charter school under this subchapter that provides for adult education.
(c)  In adopting rules, the commissioner may establish a maximum number of students who may be enrolled in an adult education program operated under a charter granted under this subchapter.
Transferred, redesignated and amended from Education Code, Section 29.259(m) by Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 17, eff. May 31, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 292 (S.B. 2032), Sec. 12, eff. May 29, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12A - Districts of Innovation › Section 12A.001. Authorization

Sec. 12A.001.  AUTHORIZATION.  (a)  Subject to Subsection (b), a school district may be designated as a district of innovation in accordance with this chapter.
(b)  A school district is eligible for designation as a district of innovation only if the district's most recent performance rating under Section 39.054 reflects at least acceptable performance.
(c)  Consideration of designation as a district of innovation may be initiated by:
(1)  a resolution adopted by the board of trustees of the district; or
(2)  a petition signed by a majority of the members of the district-level committee established under Section 11.251.
Added by Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 4, eff. June 19, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12A - Districts of Innovation › Section 12A.002. Public Hearing

Sec. 12A.002.  PUBLIC HEARING.  (a)  Promptly after adopting a resolution under Section 12A.001(c)(1) or receiving a petition under Section 12A.001(c)(2), the board of trustees shall hold a public hearing to consider whether the district should develop a local innovation plan for the designation of the district as a district of innovation.
(b)  At the conclusion of the public hearing or as soon as possible after conclusion of the public hearing, the board of trustees may:
(1)  decline to pursue designation of the district as a district of innovation; or
(2)  appoint a committee to develop a local innovation plan in accordance with Section 12A.003.
Added by Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 4, eff. June 19, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12A - Districts of Innovation › Section 12A.003. Local Innovation Plan

Sec. 12A.003.  LOCAL INNOVATION PLAN.  (a)  A local innovation plan must be developed for a school district before the district may be designated as a district of innovation.
(b)  A local innovation plan must:
(1)  provide for a comprehensive educational program for the district, which program may include:
(A)  innovative curriculum, instructional methods, and provisions regarding community participation, campus governance, and parental involvement;
(B)  modifications to the school day or year;
(C)  provisions regarding the district budget and sustainable program funding;
(D)  accountability and assessment measures that exceed the requirements of state and federal law; and
(E)  any other innovations prescribed by the board of trustees; and
(2)  identify requirements imposed by this code that inhibit the goals of the plan and from which the district should be exempted on adoption of the plan, subject to Section 12A.004.
Added by Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 4, eff. June 19, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12A - Districts of Innovation › Section 12A.004. Limitation of Permissible Exemptions

Sec. 12A.004.  LIMITATION OF PERMISSIBLE EXEMPTIONS.  (a)  A local innovation plan may not provide for the exemption of a district designated as a district of innovation from the following provisions of this title:
(1)  a state or federal requirement applicable to an open-enrollment charter school operating under Subchapter D, Chapter 12;
(2)  Subchapters A, C, D, and E, Chapter 11, except that a district may be exempt from Sections 11.1511(b)(5) and (14) and Section 11.162;
(3)  state curriculum and graduation requirements adopted under Chapter 28; and
(4)  academic and financial accountability and sanctions under Chapters 39 and 39A.
(b)  The commissioner shall:
(1)  maintain a list of provisions of this title from which school districts designated as districts of innovation are exempt under this chapter; and
(2)  notify the legislature of each provision from which districts enrolling a majority of students in this state are exempt.
Added by Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 4, eff. June 19, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(14), eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12A - Districts of Innovation › Section 12A.005. Adoption of Local Innovation Plan; Commissioner Approval

Sec. 12A.005.  ADOPTION OF LOCAL INNOVATION PLAN; COMMISSIONER APPROVAL.  (a)  The board of trustees may not vote on adoption of a proposed local innovation plan unless:
(1)  the final version of the proposed plan has been available on the district's Internet website for at least 30 days;
(2)  the board of trustees has notified the commissioner of the board's intention to vote on adoption of the proposed plan; and
(3)  the district-level committee established under Section 11.251 has held a public meeting to consider the final version of the proposed plan and has approved the plan by a majority vote of the committee members, provided that the meeting required by this subdivision may occur immediately before and on the same date as the meeting at which the board intends to vote on adoption of the proposed plan.
(b)  A board of trustees may adopt a proposed local innovation plan by an affirmative vote of two-thirds of the membership of the board.
(c)  On adoption of a local innovation plan, the district:
(1)  is designated as a district of innovation under this chapter for the term specified in the plan, subject to Section 12A.006;
(2)  shall begin operation in accordance with the plan; and
(3)  is exempt from state requirements identified under Section 12A.003(b)(2).
(d)  A district's exemption described by Subsection (c)(3) includes any subsequent amendment or redesignation of an identified state requirement, unless the subsequent amendment or redesignation specifically applies to a district of innovation.
Added by Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 4, eff. June 19, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12A - Districts of Innovation › Section 12A.006. Term

Sec. 12A.006.  TERM.  The term of a district's designation as a district of innovation may not exceed five years.
Added by Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 4, eff. June 19, 2015.
Sec. 12A.007.  AMENDMENT, RESCISSION, OR RENEWAL OF LOCAL INNOVATION PLAN.  A local innovation plan may be amended, rescinded, or renewed if the action is approved by a vote of the district-level committee established under Section 11.251, or a comparable committee if the district is exempt from that section, and the board of trustees in the same manner as required for initial adoption of a local innovation plan under Section 12A.005.
Added by Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 4, eff. June 19, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12A - Districts of Innovation › Section 12A.0071. Posting of Local Innovation Plan

Sec. 12A.0071.  POSTING OF LOCAL INNOVATION PLAN.  (a)  A school district designated as a district of innovation shall ensure that a copy of the district's current local innovation plan is available to the public by posting and maintaining the plan in a prominent location on the district's Internet website.
(b)  Not later than the 15th day after the date on which the board of trustees adopts a proposed local innovation plan, adopts a proposed amendment of a local innovation plan, or renews a local innovation plan, the district shall provide a copy of the current local innovation plan to the agency.  The agency shall promptly post the current local innovation plan on the agency's Internet website.
Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12A - Districts of Innovation › Section 12A.008. Termination by Commissioner

Sec. 12A.008.  TERMINATION BY COMMISSIONER.  (a)  The commissioner may terminate a district's designation as a district of innovation if the district receives for two consecutive school years:
(1)  an unacceptable academic performance rating under Section 39.054;
(2)  an unacceptable financial accountability rating under Section 39.082; or
(3)  an unacceptable academic performance rating under Section 39.054 for one of the school years and an unacceptable financial accountability rating under Section 39.082 for the other school year.
(b)  Instead of terminating a district's designation as authorized by Subsection (a), the commissioner may permit the district to amend the district's local innovation plan to address concerns specified by the commissioner.
(b-1)  The commissioner may terminate a district's designation as a district of innovation if the district fails to comply with the duty to discharge or refuse to hire certain employees or applicants for employment under Section 12.1059, applicable to the district under Section 12A.004(a)(1), or Section 22.085 or 22.092.
(c)  The commissioner shall terminate a district's designation as a district of innovation if the district receives for three consecutive school years:
(1)  an unacceptable academic performance rating under Section 39.054;
(2)  an unacceptable financial accountability rating under Section 39.082; or
(3)  any combination of one or more unacceptable ratings under Subdivision (1) and one or more unacceptable ratings under Subdivision (2).
(d)  A decision by the commissioner under this section is final and may not be appealed.
Added by Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 4, eff. June 19, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.009, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12A - Districts of Innovation › Section 12A.009. Commissioner Rulemaking

Sec. 12A.009.  COMMISSIONER RULEMAKING.  The commissioner may adopt rules to implement this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 4, eff. June 19, 2015.
2023 Texas Statutes › 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 › Section 13.001. Definition

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.
2023 Texas Statutes › 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 › Section 13.002. Permitted Frequency of Proposed Actions

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.
2023 Texas Statutes › 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 › Section 13.003. Petition and Election

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.
2023 Texas Statutes › 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 › Section 13.004. Allocation of Indebtedness and Personal Property

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.
2023 Texas Statutes › 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 › Section 13.005. Effective Date of Transfer

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.
2023 Texas Statutes › 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 › Section 13.006. Taxing Authority Transfer

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.
2023 Texas Statutes › 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 › Section 13.008. District Trustee Approval of Boundary Changes Required

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.
2023 Texas Statutes › 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 › Section 13.009. Appeals

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.
2023 Texas Statutes › 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 › Section 13.010. Boundary Descriptions and Maps to Be Filed With Agency

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter B. Detachment; Annexation › Section 13.052. Dormant School Districts

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter B. Detachment; Annexation › Section 13.053. Territory Not in School District

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter C. Creation of District by Detachment › Section 13.101. Creation of District by Detaching Territory From Existing District

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter C. Creation of District by Detachment › Section 13.102. Minimum Area and Attendance Requirements

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter C. Creation of District by Detachment › Section 13.103. Initiation of Detachment

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter C. Creation of District by Detachment › Section 13.104. Election

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter C. Creation of District by Detachment › Section 13.105. Creation of District

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter D. Consolidation › Section 13.151. Districts That May Consolidate

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter D. Consolidation › Section 13.152. Resolution or Petition

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter D. Consolidation › Section 13.1521. Receipt or Consideration of Petition Requesting Detachment and Annexation After Adoption of Consolidation Resolutions

Sec. 13.1521.  RECEIPT OR CONSIDERATION OF PETITION REQUESTING DETACHMENT AND ANNEXATION AFTER ADOPTION OF CONSOLIDATION RESOLUTIONS.  If a resolution in favor of consolidation has been adopted by the board of trustees of each school district proposed to be consolidated into a particular single district, none of those boards of trustees may receive or consider a petition requesting detachment and annexation under Subchapter B without the consent of each of the other of those boards of trustees:
(1)  before consolidation; or
(2)  before consolidation is disapproved at an election under Section 13.153.
Added by Acts 2013, 83rd Leg., R.S., Ch. 336 (H.B. 2016), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter D. Consolidation › Section 13.153. Election Order; Notice

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter D. Consolidation › Section 13.154. Canvass; Result

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter D. Consolidation › Section 13.155. Status; Governance

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter D. Consolidation › Section 13.156. Title to Property; Assumption of Debt

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter D. Consolidation › Section 13.157. Dissolution of Consolidated School District

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter D. Consolidation › Section 13.158. Local Consolidation Agreement

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter D. Consolidation › Section 13.159. Public Inspection and Hearing

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter E. Abolition of Independent School District › Section 13.201. Eligibility

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter E. Abolition of Independent School District › Section 13.202. Petition

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter E. Abolition of Independent School District › Section 13.203. Election

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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 13 - Creation, Consolidation, and Abolition of a District › Subchapter E. Abolition of Independent School District › Section 13.204. Order Abolishing District

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.