Title ED, Education Code

Sec. 48.309. ALLOTMENT FOR FINANCIAL AID FOR SWIFT TRANSFER (FAST) PROGRAM. (a) In this section: (1) "Coordinating board" means the Texas Higher Education Coordinating Board. (2) "FAST program" means the Financial Aid for Swift Transfer (FAST) program under Section 28.0095. (b) A…

Sec. 48.310. ALLOTMENT FOR COMPLETION OF TEACHER LITERACY OR MATHEMATICS ACHIEVEMENT ACADEMIES. An educator preparation program participating in a Preparing and Retaining Educators through Partnership Preservice Program under Section 21.902, 21.903, 21.904, or 21.905 is entitled …

Sec. 48.315. FUNDING FOR REGIONAL DAY SCHOOL PROGRAMS FOR THE DEAF. (a) The program administrator or fiscal agent of a regional day school program for the deaf is entitled to receive for each school year an allotment of $6,925, or a greater amount provided by appropriation, for e…

Sec. 48.317. THIRD GRADE SUPPLEMENTARY SUPPORTS GRANT; FUNDING ADJUSTMENT. (a) A student to whom the agency provides a grant under Section 28.02111 is entitled to receive an amount of $400 for each grant for which the student is eligible under that section, or a greater amount pr…

Sec. 49.001. DEFINITIONS. In this chapter: (1) "Local revenue level in excess of entitlement" means local revenue levels that exceed the levels provided by Section 48.257. (2) "Weighted average daily attendance" has the meaning assigned by Section 48.202. Added by Acts 1995, 74th…

Sec. 49.002. OPTIONS TO REDUCE LOCAL REVENUE LEVEL. A district with a local revenue level in excess of entitlement may take any combination of the following actions to reduce the district's revenue level: (1) consolidation with another district as provided by Subchapter B; (2) de…

Sec. 49.003. INCLUSION OF ATTENDANCE CREDIT AND NONRESIDENTS IN WEIGHTED AVERAGE DAILY ATTENDANCE. In determining whether a school district has a local revenue level in excess of entitlement, the commissioner shall use: (1) the district's final weighted average daily attendance; …

Sec. 49.004. ANNUAL REVIEW OF LOCAL REVENUES. (a) Not later than July 15 of each year, using the estimates of enrollment and taxable property value under Section 48.269, the commissioner shall review the local revenue level of school districts in the state and shall notify: (1) e…

Sec. 49.0041. LOCAL REVENUE LEVEL IN EXCESS OF ENTITLEMENT AFTER REVIEW NOTIFICATION. If the commissioner determines that a school district has a local revenue level in excess of entitlement after the date the commissioner sends notification for the school year under Section 49.0…

Sec. 49.0043. TRANSITIONAL PROVISIONS: INCREASED HOMESTEAD EXEMPTIONS. (a) The commissioner shall approve a district's request under Section 49.004(b-1) to delay the date of an election required under this chapter if the commissioner determines that the district would not have a …

Sec. 49.0044. TRANSITIONAL PROVISIONS: INCREASED HOMESTEAD EXEMPTIONS FOR ELDERLY OR DISABLED PERSONS. (a) The commissioner shall approve a district's request under Section 49.004(b-1) to delay the date of an election required under this chapter if the commissioner determines tha…

Sec. 49.005. COMPTROLLER AND APPRAISAL DISTRICT COOPERATION. The chief appraiser of each appraisal district and the comptroller shall cooperate with the commissioner and school districts in implementing this chapter. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 19…

Sec. 49.006. RULES. (a) The commissioner may adopt rules necessary for the implementation of this chapter. The rules may provide for the commissioner to make necessary adjustments to the provisions of Chapter 48, including providing for the commissioner to make an adjustment in t…

Sec. 49.007. COMMISSIONER TO APPROVE SUBSEQUENT BOUNDARY CHANGES. A school district that is involved in an action under this chapter that results in boundary changes to the district or in the consolidation of tax bases is subject to consolidation, detachment, or annexation under …

Sec. 49.008. HOMESTEAD EXEMPTIONS. (a) The governing board of a school district that results from consolidation under this chapter, including a consolidated taxing district under Subchapter F, for the tax year in which the consolidation occurs may determine whether to adopt a hom…

Sec. 49.009. TAX ABATEMENTS. (a) A tax abatement agreement executed by a school district that is involved in consolidation or in detachment and annexation of territory under this chapter is not affected and applies to the taxation of the property covered by the agreement as if ex…

Sec. 49.010. TAX INCREMENT OBLIGATIONS. The payment of tax increments under Chapter 311, Tax Code, is not affected by the consolidation of territory or tax bases or by annexation under this chapter. In each tax year a school district paying a tax increment from taxes on property …

Sec. 49.011. CONTINGENCY. (a) If any of the options described by Section 49.002 as applied to a school district are held invalid by a final decision of a court of competent jurisdiction, a school district is entitled to exercise any of the remaining valid options in accordance wi…

Sec. 49.012. DATE OF ELECTIONS. An election under this chapter for voter approval of an agreement entered by the board of trustees shall be held on a Tuesday or Saturday not more than 45 days after the date of the agreement. Section 41.001, Election Code, does not apply to the el…

Sec. 49.0121. TRANSITIONAL ELECTION DATES. (a) This section applies only to an election under this chapter that occurs during the 2025-2026 school year. (b) Section 49.012 does not apply to a district that receives approval of a request under Section 49.0043. The district shall h…

Sec. 49.0122. TRANSITIONAL ELECTION DATES: INCREASED HOMESTEAD EXEMPTIONS FOR ELDERLY OR DISABLED PERSONS. (a) This section applies only to an election under this chapter that occurs during the 2025-2026 school year. (b) Section 49.012 does not apply to a district that receives a…

Sec. 49.013. PROCEDURE. (a) Except as provided by Subchapter G, a decision of the commissioner under this chapter is appealable under Section 7.057. (b) Any order of the commissioner issued under this chapter shall be given immediate effect and may not be stayed or enjoined pendi…

Sec. 49.051. AGREEMENT. The governing boards of any two or more school districts may consolidate the districts by agreement in accordance with this subchapter to establish a consolidated district with a local revenue level equal to or less than the level established under Section…

Sec. 49.052. GOVERNING LAW. Except to the extent modified by the terms of the agreement, the consolidated district is governed by the applicable provisions of Subchapter D, Chapter 13, other than a provision requiring consolidating districts to be contiguous. The agreement may no…

Sec. 49.053. GOVERNANCE PLAN. (a) The agreement among the consolidating districts may include a governance plan designed to preserve community-based and site-based decision making within the consolidated district, including the delegation of specific powers of the governing board…

Sec. 49.054. INCENTIVE AID. (a) Repealed by Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 48(a)(5), eff. September 1, 2021. (b) A consolidated district under this subchapter is entitled to incentive aid under Subchapter G, Chapter 13. (c) Repealed by Acts 2021, 87th Leg.,…

Sec. 49.101. AGREEMENT. (a) By agreement of the governing boards of two school districts, territory may be detached from one of the districts and annexed to the other district if, after the action: (1) the local revenue level of the district from which territory is detached is eq…

Sec. 49.102. GOVERNING LAW. Except to the extent of any conflict with this chapter and except for any requirement that detached property must be annexed to a school district that is contiguous to the detached territory, the annexation and detachment is governed by Chapter 13. Add…

Sec. 49.103. ALLOCATION OF APPRAISED VALUE OF DIVIDED UNIT. If portions of a parcel or other item of property are located in different school districts as a result of a detachment and annexation under this subchapter, the parcel or other item of property shall be appraised for ta…

Sec. 49.104. ALLOCATION OF INDEBTEDNESS. The annexation agreement may allocate to the receiving district any portion of the indebtedness of the district from which the territory is detached, and the receiving district assumes and is liable for the allocated indebtedness. Added by…

Sec. 49.105. NOTICE. As soon as practicable after the agreement is executed, the districts involved shall notify each affected property owner and the appraisal district in which the affected property is located. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. T…

Sec. 49.151. AGREEMENT. A school district with a local revenue level in excess of entitlement may execute an agreement with the commissioner to purchase attendance credit in an amount sufficient, in combination with any other actions taken under this chapter, to reduce the distri…

Sec. 49.152. CREDIT. The amount of credit purchased decreases the dollar amount of a district's local revenue level for purposes of determining whether the district exceeds the level established under Section 48.257. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 19…

Sec. 49.153. COST. (a) The total cost of credit is the amount of the district's maintenance and operations tax revenue that exceeds the level established under Section 48.257. (b) For purposes of this section, a school district's maintenance and operations tax revenue does not in…

Sec. 49.154. PAYMENT. (a) A school district shall pay for credit purchased: (1) in equal monthly payments as determined by the commissioner beginning February 15 and ending August 15 of the school year for which the agreement is in effect; or (2) in one payment for the total amou…

Sec. 49.155. DURATION. An agreement under this section is valid for one school year and, subject to Section 49.156, may be renewed annually. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Transferred, redesignated and amended from Education Code, Section 41.09…

Sec. 49.156. VOTER APPROVAL. (a) After first executing an agreement under this section, the board of trustees shall order and conduct an election, in the manner provided by Sections 13.003(d)-(g), to obtain voter approval of the agreement. (b) The ballot shall be printed to permi…

Sec. 49.157. CREDIT FOR APPRAISAL COSTS. The total amount required under Section 49.153 for a district to purchase attendance credit under this subchapter for any school year is reduced by an amount equal to the product of the district's total costs under Section 6.06, Tax Code, …

Sec. 49.158. LIMITATION. (a) Sections 49.154 and 49.157 apply only to a district that: (1) executes an agreement to purchase attendance credit necessary to reduce the district's local revenue level to the level established under Section 48.257; (2) executes an agreement to purcha…

Sec. 49.201. AGREEMENT. The board of trustees of a district with a local revenue level in excess of entitlement may execute an agreement to educate the students of another district in a number that, when the weighted average daily attendance of the students served is added to the…

Sec. 49.202. VOTER APPROVAL. (a) After first executing an agreement under this subchapter other than an agreement under Section 49.205, the board of trustees of the district that will be educating nonresident students shall order and conduct an election, in the manner provided by…

Sec. 49.203. WADA COUNT. For purposes of Chapter 48, students served under an agreement under this subchapter are counted only in the weighted average daily attendance of the district providing the services, except that students served under an agreement authorized by Section 49.…

Sec. 49.204. TRANSFERS. (a) The board of trustees of a school district with a local revenue level in excess of entitlement may reduce the district's local revenue level by serving nonresident students who transfer to the district and are educated by the district but who are not c…

Sec. 49.205. CAREER AND TECHNOLOGY EDUCATION PROGRAMS. (a) The board of trustees of a school district with a local revenue level in excess of entitlement may reduce the district's local revenue level by executing an agreement to provide students of one or more other districts wit…

Sec. 49.251. AGREEMENT. The board of trustees of two or more school districts may execute an agreement to conduct an election on the creation of a consolidated taxing district for the maintenance and operation of the component school districts. The agreement is subject to approva…

Sec. 49.252. DATE OF ELECTION. Any agreement under this subchapter must provide for the ordering of an election to be held on the same date in each district. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Transferred, redesignated and amended from Education Co…