GEOGRAPHIC BOUNDARIES AND SERVICE AREAS TAXING DISTRICT BOUNDARIES

Extension of District Boundaries

Automatic Annexation

If the junior college district annexes territory under Education Code Chapter 130, Subchapter D, comprising all of a municipality or school district, the governing board by order may annex for junior college purposes any territory later annexed by or added to the municipality or school district.

Education Code 130.066

Annexation by Contract or Election

Generally

Territory may be annexed to a junior college district by contract under Education Code 130.064 or election under Education Code 130.065, if the territory: 1. Is contiguous to the annexing junior college district; or 2. Is located in the service area of the annexing district established under Education Code Chapter 130, Subchapter J. Territory may be annexed to a junior college district as provided by Education Code 130.063 only if the territory is located wholly within a single school district, county, or municipality. This provision does not prohibit a junior college district from conducting annexation elections or other annexation procedures for more than one territory at the same time. A junior college district may not annex territory under Section 130.063 that is included in the boundaries of another junior college district. A junior college district may not annex territory under Section 130.063 if a campus of the Texas State Technical College System is located: 1. Within the county in which the territory is located; and 2. Outside the junior college district.

Education Code 130.063(a)-(d)

Exception

This section does not prevent a junior college district from annexing territory located in Brown County, Comal County, Denton County, Guadalupe County, or Williamson County.

Education Code 130.063(e)

By Contract

If the annexation is by contract, a petition shall be presented to the governing board of any junior college district, executed by all property owners of all property situated in the territory proposed for annexation. The petition shall contain a legally sufficient description of the territory proposed for annexation. The governing board of the junior college district, if it deems the annexation to be in the best interest of the district, may effect the annexation by:

1. Entering its order authorizing the annexation of the territory by contract; and

2. Then entering into a written agreement duly executed and acknowledged by all persons, corporations, and entities owning property within the territory.

Education Code 130.064

By Election

On presentation to the governing board of a junior college district of a petition proposing the annexation of territory to the district, the governing board may call an election on the question of annexing the territory. The petition must:

1. Contain an accurate description of the territory proposed for annexation; and

2. Be signed by a number of registered voters in the territory proposed to be annexed equal to at least five percent of the registered voters in that territory as of the most recent general election for state and county officers.

Education Code 130.065(a)

Hearing

Before the governing board of the junior college district may order an annexation election, the board must hold a public hearing within the territory proposed for annexation. The hearing must be held not earlier than the 45th day and not later than the 30th day before the date the board issues the order for the election.

Education Code 130.065(b)

Service Plan

Not later than the 30th day before the date of a public hearing, the board shall complete and publish a service plan for the territory proposed for annexation. The service plan is informational only and must include:

1. The maximum property tax rate that the board may adopt;

2. The most recent property tax rate adopted by the board and any tax rate increase proposed or anticipated to occur after the annexation;

3. The tuition rate that would apply after annexation for a student who resides in the district;

4. The tuition and fees that would apply under Education Code 130.0032(d) for a student who resides outside the district;

5. Plans for providing educational services in the territory, including proposed or contemplated campus and facility expansion in the territory;

6. Plans for cooperation with local workforce agencies; and

7. Any other elements consistent with Education Code Chapter 130, Subchapter D, prescribed by rule of the Coordinating Board.

Education Code 130.065(c)

Election Order

The governing board shall issue an order for an election to be held in the territory proposed for annexation on a uniform election date that is not less than 45 days after the date of the order and that affords enough time to hold the election in the manner provided by law. The board shall give notice of the election in the manner provided by law for notice by the county judge of a general election.

Education Code 130.065(d)

Election Procedures

The governing board shall conduct the election in accordance with the Election Code. The election shall be held only in the territory proposed for annexation, and only those registered voters residing in that territory are permitted to vote. The ballot shall be printed to provide for voting for or against the proposition: "Approving the annexation by the _________ (name of junior college district) of the following territory: ____________ (with the blank filled in with a description of the territory proposed for annexation), and authorizing the imposition of an ad valorem tax for junior college purposes, which is currently set at a rate of ____________ (with the blank filled in with the ad valorem tax rate of the district for the current year or, if that rate has not been adopted, the tax rate for the preceding year) per $100 calculation of taxable property."

Education Code 130.065(e)–(g)

Adopted Measure

The measure is adopted if the measure receives a favorable vote of a majority of those voters voting on the measure.

If the measure is adopted, the governing board of the district shall enter an order declaring the result of the election and that the territory is annexed to the junior college district on the date specified in the order. If the proposition is adopted and the governing board is elected from single-member districts, the governing board in the annexation order shall assign the new territory to one or more of the current single-member districts. The annexation of territory and any resulting change in the single-member districts from which members of the governing board are elected does not affect the term of a member of the governing board serving on the date the annexation or redistricting takes effect. The governing board shall provide that each member of the governing board representing a single-member district who is holding office on the date the annexation takes effect serve the remainder of the member's term and represent a single-member district in the expanded junior college district for that term regardless of whether the member resides in that single-member district.

Education Code 130.065(h)–(k)

Failed Measure

If the measure is not adopted at the election, another election to annex all or part of the same territory may not be held earlier than one year after the date of the election at which the measure is not adopted.

Education Code 130.065(l)

Other Boundary Changes

College district territory may also be expanded or disannexed as allowed by Education Code Chapter 130, Subchapter D.

Education Code Ch. 130, Subch. D

Notice to Voter Registrar

A political subdivision, including a college district, that changes its boundaries or the boundaries of districts used to elect members to the governing body of the political subdivision shall not later than the 30th day after the date the change is adopted:

1. Notify the voter registrar of the county in which the area subject to the boundary change is located of the adopted boundary change; and

2. Provide the voter registrar with a map of an adopted boundary change in a format that is compatible with the mapping format used by the registrar’s office.

Election Code 42.0615