HBA-SEB H.B. 3459 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3459
By: Kuempel
Public Education
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a new school district may not be created with an area of less
than nine square miles or with fewer than 8,000 students in average daily
attendance or reduced to an area or enrollment less than those figures.
Additionally, an election on the detachment of territory and creation of a
new school district has no effect unless at least 25 percent of the
registered voters of each district vote in the election.  H.B. 3459
increases the size of a new school district by prohibiting the district
from being created with an area of less than 250 square miles or with fewer
than 10,000 students in average daily attendance or from being reduced to
an area or enrollment less than those figures.  This bill also provides
that an election on the detachment of territory and creation of a new
school district has no effect unless at least 10 percent of the registered
voters of each district vote in the election.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 13.102, Education Code, to prohibit a new school
district from being created with an area of less than 250, rather than
nine, square miles or fewer than 10,000, rather than 8,000 students in
average daily attendance.  Prohibits a district from being reduced to an
area of less than 250, rather than nine, square miles or fewer than 10,000
students.   

SECTION 2.  Amends Section 13.104(c), Education Code, to provide that an
election on the detachment of territory and creation of a new school
district has no effect unless at least 10, rather than 25, percent of the
registered voters of each district vote in the election. 

SECTION 3.Emergency clause.
  Effective date: upon passage.