Sec. 13.003. PETITION AND ELECTION. (a) Except as otherwise provided by this chapter, this section governs:
(1) the validity of a petition submitted to request an election under this chapter; and
(2) the conduct of the resulting election.
(b) To be valid, a petition must:
(1) be submitted to the county judge serving the county in which the appropriate school district is located;
(2) be signed by at least 10 percent of the registered voters of the appropriate district; and
(3) state the purpose for which it is being submitted.
(c) Immediately following receipt of a valid petition, the county judge shall order the election to be held on an authorized election date, as prescribed by Chapter 41, Election Code, occurring not later than the 60th day after the date of receipt. If an authorized date within that period does not allow sufficient time to comply with other legal requirements or if there is no authorized date within that period, the election shall be ordered for the next authorized date.
(d) The election order must include the date of the election, the hours during which the polls will be open, the location of the polling places, and the proposition to be voted on.
(e) Not earlier than the 30th day or later than the 10th day before the date of the election, the county judge shall give notice of the election by having a copy of the election order published at least once in a newspaper published at least once each week in the appropriate school district. If such a newspaper is not published in the district, the notice shall be published in at least one newspaper of general circulation in the county in which the district is located. The county judge shall give additional notice of the election by having a copy of the election order posted in a public place in each election precinct not later than the 21st day before the date of the election.
(f) The election precincts and polling places usually used in the elections of the appropriate school district shall be used in an election held under this chapter, except that if another election is occurring on the same date for all or part of the same geographic area, precincts and polling places shall be selected to allow each voter to cast ballots at the same polling place for each of the elections. To the extent practical, the election shall be conducted in accordance with the Election Code.
(g) The expenses of the election shall be paid by the appropriate school district or districts.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Structure Texas Statutes
Subtitle C - Local Organization and Governance
Chapter 13 - Creation, Consolidation, and Abolition of a District
Subchapter A. General Provisions
Section 13.002. Permitted Frequency of Proposed Actions
Section 13.003. Petition and Election
Section 13.004. Allocation of Indebtedness and Personal Property
Section 13.005. Effective Date of Transfer
Section 13.006. Taxing Authority Transfer
Section 13.008. District Trustee Approval of Boundary Changes Required
Section 13.010. Boundary Descriptions and Maps to Be Filed With Agency