HBA-MPM H.B. 1827 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1827
By: Tillery
Public Education
5/1/2001
Introduced



BACKGROUND AND PURPOSE 

Many cities in Texas are divided between two or more school districts.  For
example, the city of Balch Springs is divided between the Dallas and
Mesquite Independent School Districts.  While this can be a beneficial
arrangement, for some districts the division of school districts may not be
in the best interest of the students who attend the various districts.
House Bill 1827 directs the school district with the greatest number of a
home-rule municipality's residents to enter into negotiations with all
other districts sharing the municipality for the assignment of school
infrastructure, students, and debt to that district. 

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. 

ANALYSIS

House Bill 1827 amends the Education Code to provide that all territory
located in a home-rule municipality must be included in the same school
district, except as otherwise provided by this bill.   
If a municipality is a home-rule municipality on September 1, 2001 and
contains territory that is located in two or more school districts, the
bill requires the district that has the greatest number of the
municipality's residents, no later than September 1, 2003, by agreement
with each other district, to annex all territory located in the boundaries
of the municipality that is a part of another district.  This provision
expires September 1, 2004. 

If a municipality becomes a home-rule municipality after September 1, 2001
and, at the time it becomes a home-rule municipality, contains territory
that is located in two or more districts, the bill requires the district
located in the municipality that has the greatest number of the
municipality's residents by agreement with each other district to annex all
territory located in the boundaries of the municipality that is a part of
another district no later than the second anniversary of the date the
municipality becomes a home-rule municipality. 

The bill specifies that no later than the first anniversary of the date a
home-rule municipality annexes territory not located in the boundaries of
the district located in the municipality, the district is required to annex
that territory by agreement with each school district in which the
territory is located. 

The bill provides that by the agreement of the boards of trustees (boards)
of the affected school districts, a district that annexes territory of
another district takes title to all school property located in the annexed
territory and is required to assume all indebtedness relating to the
property.   Certain provisions governing the allocation of indebtedness and
personal property of a district that is annexed to another or abolished do
not apply to an annexation under this bill.   The board of each district
affected by the annexation of territory is required to execute an
annexation agreement that specifies the territory to be annexed and
allocates property and indebtedness.  The bill provides that the annexation
agreement must be filed with the commissioners court of each affected
county and requires the commissioners court to enter an order redefining
the boundaries of the affected districts.  
 If the board of a district that is required to annex territory cannot
reach agreement regarding the annexation with the board of another
district, the board of the district that is required to annex territory is
required to appeal to the commissioner of education (commissioner).  The
bill requires the commissioner to conduct a hearing on each issue, decide
each issue, and enter an order stating the commissioner's decision.  The
bill authorizes either affected district to appeal the commissioner's
decision to a district court in Travis County.  The bill does not prohibit
a district that contains the territory of a home-rule municipality from
containing territory located outside the municipal boundaries. 

EFFECTIVE DATE

September 1, 2001.