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Texas Education Code - Section 41.206. Annexation Of Property

Legal Research Home > Texas Lawyer > Education Code > Texas Education Code - Section 41.206. Annexation Of Property

§ 41.206. ANNEXATION OF PROPERTY.  (a) The commissioner 
shall annex property detached under Section 41.205 to school 
districts eligible for annexation in accordance with this section.  
A school district is eligible for annexation of property to it under 
this subchapter only if, before any detachments or annexations are 
made in a year, the district's wealth per student is less than the 
greatest level for which funds are provided under Subchapter F, 
Chapter 42.
	(b)  Property may be annexed to a school district without 
regard to whether the property is contiguous to other property in 
that district.
	(c)  The commissioner shall annex property detached from 
school districts beginning with the property detached from the 
school district with the greatest wealth per student before 
detachment, and continuing with the property detached from each 
other school district in descending order of the district's wealth 
per student before detachment.
	(d)  The commissioner shall annex the parcels or items of 
property detached from a school district to other school districts 
that are eligible for annexation of property in descending order of 
the taxable value of each parcel or item according to the following 
priorities:
		(1)  first, to the eligible school districts assigned 
to the same county as the school district from which the property is 
detached whose total adopted tax rate for the preceding tax year 
does not exceed by more than $0.15 the total tax rate adopted for 
that year by the school district from which the property is 
detached;
		(2)  second, to the eligible school districts served by 
the same regional education service center as the district from 
which the property is detached whose total adopted tax rate for the 
preceding tax year does not exceed by more than $0.10 the total tax 
rate adopted for that year by the school district from which the 
property is detached;  and
		(3)  third, to other eligible school districts whose 
total adopted tax rate for the preceding tax year does not exceed by 
more than $0.05 the total tax rate adopted for that year by the 
school district from which the property is detached.
	(e)  If the districts identified by Subsection (d) for a 
school district are insufficient to annex all the property detached 
from the school district, the commissioner shall increase, for 
purposes of this section, all the maximum difference in tax rates 
allowed under Subsection (d) in increments of $0.01 until the 
districts are identified that are sufficient to annex all the 
property detached from the district.
	(f)  If only one school district is eligible to annex 
property detached from a school district within a priority group 
established by Subsections (d) and (e), the commissioner shall 
annex property to that district until it reaches a wealth per 
student equal as nearly as possible to the greatest level for which 
funds are provided under Subchapter F, Chapter 42, by annexing 
whole parcels or items of property.  Any remaining detached 
property shall be annexed to eligible school districts in the next 
priority group as provided by this section.
	(g)  If more than one school district is eligible to annex 
property detached from a school district within a priority group 
established by Subsections (d) and (e), the commissioner shall 
first annex property to the district within the priority group to 
which could be annexed the most taxable value of property without 
increasing its wealth per student above the greatest level for 
which funds are provided under Subchapter F, Chapter 42, until that 
district reaches a wealth per student equal as nearly as possible to 
the greatest level for which funds are provided under Subchapter F, 
Chapter 42, by annexing whole parcels or items of property.  Then 
any additional detached property shall be annexed in the same 
manner to other eligible school districts in the same priority 
group in descending order of capacity to receive taxable value of 
annexed property without increasing the district's wealth per 
student above the greatest level for which funds are provided under 
Subchapter F, Chapter 42.  If every school district in a priority 
group reaches a wealth per student equal to the greatest level for 
which funds are provided under Subchapter F, Chapter 42, as nearly 
as possible, the remaining detached property shall be annexed to 
school districts in the next priority group in the manner provided 
by this section.
	(h)  For purposes of this section, a portion of a parcel or 
item of property detached in that subdivided form from a school 
district is treated as a whole parcel or item of property.
	(i)  The commissioner may order the annexation of a portion 
of a parcel or item of property, including a portion of property 
treated as a whole parcel or item under Subsection (h), if:
		(1)  the annexation of the whole parcel or item would 
result in the district eligible to receive it in the appropriate 
priority order provided by this section having a wealth per student 
greater than $10,000 more than the greatest level for which funds 
are provided under Subchapter F, Chapter 42;  or
		(2)  the commissioner determines that annexation of 
portions of the parcel or item would reduce disparities in district 
wealth per student more efficiently than would be possible if the 
parcel or item were annexed as a whole.
	(j)  The commissioner may modify the priorities established 
by this section as the commissioner considers reasonable to 
minimize or reduce the number of school districts to which the 
property detached from a school district is annexed, to minimize or 
reduce the geographic dispersal of property in a school district, 
to minimize or reduce disparities in school district wealth per 
student that would otherwise result, or to minimize or reduce any 
administrative burden or expense.
	(k)  For purposes of this section, a school district is 
assigned to a county if the school district is assigned to that 
county in the 1992-1993 Texas School Directory published by the 
Central Education Agency.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.            

Last modified: August 10, 2007