School district boards may draft a local consolidation agreement, but it must specify the consolidated board’s composition and election method and be submitted identically to voters in each district.
Sec. 13.158. LOCAL CONSOLIDATION AGREEMENT. (a) Before issuing an order for an election under Section 13.153, the boards of trustees of the districts to be consolidated may draft a local consolidation agreement to be submitted to the registered voters in each district. An agreement must set out the composition and method of election of the consolidated board of trustees. The identical agreement must be submitted to the registered voters of each district. (b) A local consolidation agreement may provide the following: (1) an effective date that is not more than one year after the date of the consolidation election; (2) a schedule to elect the board of trustees of the consolidated district before or after the effective date of consolidation; (3) that the consolidated district educate particular grades within the boundaries of a district being consolidated; (4) that the consolidated district maintain a specific campus in operation; (5) that if the votes cast in some districts, but not all districts, show a majority voting in favor of the consolidation, the districts receiving a favorable vote may consolidate; (6) that a majority of the votes cast in each district must be in favor of consolidation for there to be a consolidation; or (7) any other provision consistent with state and federal law. (c) Not later than 30 days before a consolidation election is held, the boards of trustees of the districts to be consolidated may amend the local consolidation agreement. After a successful election to consolidate, the local consolidation agreement may not be amended for five years following the effective date of consolidation, unless a shorter period is set out in the agreement. After that time, the agreement may be amended only by unanimous vote of the board of trustees of the district. (d) The commissioner may waive a requirement under this section or Section 13.159 on application of the boards of trustees of all districts proposed for consolidation. Added by Acts 2003, 78th Leg., ch. 201, Sec. 11, eff. Sept. 1, 2003.