Texas Education Code - Section 13.051. Detachment And Annexation Of Territory
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§ 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, § 1, eff. May 30, 1995.
Section: 13.004 13.005 13.006 13.007 13.008 13.009 13.010 13.051 13.052 13.053 13.054 13.101 13.102 13.103 13.104
Last modified: August 10, 2007
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