Sec. 13.004. ALLOCATION OF INDEBTEDNESS AND PERSONAL PROPERTY. (a) If under this chapter a school district assumes a portion of the indebtedness of another district, the commissioners court by order shall equitably allocate the indebtedness among the districts involved. If territory from one district is annexed to another or if a district is abolished, the commissioners court shall also equitably allocate among the receiving districts a portion of the personal property of the annexed district or all the personal property of an abolished district. If districts located in more than one county are involved, the commissioners court of each county in which an involved school district is located must agree on the allocation of indebtedness and personal property.
(b) In allocating the indebtedness and personal property, the commissioners court shall consider the value of the properties involved and the taxable value of the districts involved.
(c) The order of the commissioners court is binding on the school districts and territory affected by the order.
(d) A school district required to assume the indebtedness of another district under this chapter is not required to conduct an election on assumption of the indebtedness. Without an election, the school district assuming the indebtedness may levy and collect taxes necessary to pay principal and interest on the assumed debt so long as the debt is outstanding.
(e) Without an election, a school district may issue refunding bonds for bonds of another district assumed under this chapter.
(f) If an entire district is annexed to or consolidated with another district, if a district is converted from a common to an independent school district, or if a school district is separated from a municipality, the governing board of the district as changed may, without an election, sell and deliver any unissued bonds voted in the district before the change and may levy and collect taxes in the district as changed for the payment of principal and interest on bonds.
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