89R13093 PRL-D     By: Lowe H.B. No. 4156       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.