Texas Education Code Title 2, Chapter 13 - Creation, Consolidation, And Abolition Of A District

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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.,...
• Texas Section 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...
• Texas Section 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;...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B DETACHMENT; ANNEXATION

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C CREATION OF DISTRICT BY DETACHMENT

• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D CONSOLIDATION

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E ABOLITION OF INDEPENDENT SCHOOL DISTRICT

• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F OTHER BOUNDARY CHANGES

• Texas Section 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...

SUBCHAPTER G INCENTIVE AID PAYMENTS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....

Last modified: September 28, 2016