89R13093 PRL-D
	By: Geren	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.  Subchapter C, Chapter 13, Education Code, is
	amended by adding Section 13.100 to read as follows:
	Sec. 13.100.  DEFINITION. In this subchapter, "board" means
	the State Board of Education.
	SECTION 2.  Section 13.103, Education Code, is amended to
	read as follows:
	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 board [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 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 the board [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].
	SECTION 3.  Sections 13.104(a) and (d), Education Code, are
	amended to read as follows:
	(a)  Not later than the 30th day after the date the board
	[commissioners court] receives a petition under this subchapter,
	the board [commissioners court] shall hold a hearing on the
	validity of the petition.  If the board [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 board [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].
	SECTION 4.  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 board [commissioners
	court] shall adopt a rule [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 rule [order] creating the district is
	adopted [made], the board [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)  The board by rule shall equitably allocate the
	indebtedness and personal property of each school district from
	which territory was detached among those districts and the new
	school district.
	(d)  In allocating indebtedness and personal property under
	Subsection (c), the board shall consider the value of the property
	and the taxable value of the school districts subject to the
	allocation.
	(e)  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 this section [Section 13.004].
	SECTION 5.  This Act takes effect September 1, 2025.