The commissioner must choose districts for consolidation under stated priority rules, and may not select certain districts created by prior agreement-based consolidation.
Sec. 49.352. SELECTION CRITERIA. (a) In selecting the districts to be consolidated with a district that has taxable values of property in an amount that exceeds the local revenue level established under Section 48.257, the commissioner shall select one or more districts that, when consolidated, will result in a consolidated district with a local revenue level equal to or less than the level established under Section 48.257. In achieving that result, the commissioner shall give priority to school districts in the following order: (1) first, to the contiguous district that has the lowest local revenue level and is located in the same county; (2) second, to the district that has the lowest local revenue level and is located in the same county; (3) third, to a contiguous district with a local revenue level below the level established under Section 48.257 that has requested the commissioner that it be considered in a consolidation plan; (4) fourth, to include as few districts as possible that have the lowest local revenue levels below the level established under Section 48.257 within the consolidation order that have not requested the commissioner to be included; (5) fifth, to the district that has the lowest local revenue level and is located in the same regional education service center area; and (6) sixth, to a district that has a tax rate similar to that of the district that has a local revenue level greater than the level established under Section 48.257. (b) The commissioner may not select a district that has been created as a result of consolidation by agreement under Subchapter B to be consolidated under this subchapter with a district that has a local revenue level greater than the level established under Section 48.257. (c) In applying the selection criteria specified by Subsection (a), if more than two districts are to be consolidated, the commissioner shall select the third and each subsequent district to be consolidated by treating the district that has a local revenue level greater than the level established under Section 48.257 and the district or districts previously selected for consolidation as one district. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Transferred, redesignated and amended from Education Code, Subchapter H, Chapter 41 by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.060, eff. September 1, 2019.