Written by Amanda Coers – The Brown County Elections office has received a letter from Ackerman LLP’s Austin office detailing the official language to be used on the November ballots regarding the Ranger College annexation election. Instead of the 11¢ claimed during the college’s campaign, the ballot will state .43¢ per $100 valuation.

 

John Hatch, with Texas Petition Strategies – a company utilized by Ranger College to aid in their campaign – explained in an email why the rate is higher than Brown County residents had been promised.

“$.11/$100 is the proposed rate, but state law only allows us to list the current rate,” Hatch wrote. “Unfortunately, state law didn’t allow us to list the proposed rate.”

The email included an FAQ section to further explain:

  • What would the tax rate be if the any of the county voters join the community college district? The Texas Constitution Article VIII, Sec. 1A requires all jurisdictions that have voted to be in-district members of Ranger College to be taxed at the same level. Should voters in Brown, Comanche or Erath County vote to join the Ranger College District, the Ranger College Board of Trustees has stated on the record and as required by State law, the tax rate would be $.11 per $100 assessed property value.
  • When will the new tax rate go into effect? The tax rate and jurisdictions for 2018 have already been approved. If Voters approve the annexation vote in November 2017, the new counties would not be included in the 2018 assessment. In August of 2018, the Board of Trustees will adopt the new tax rate of $.11 per $100 of assessed property value that would be paid in the Spring of 2019, based on the 2018 value of your property. Contrary to what opponents are saying in social media, State law does not allow the taxes paid to be retroactive, thus property tax payers will not be assessed a tax based on the current Ranger ISD rate of $.2.23/$100 maintenance (M&O) tax rate and the $.21/$100 debt (I&S) tax rate approved by Ranger ISD voters in 2016. The tax rate to be levied on the newly annexed areas will be $.11/$100 rate adopted by the Board in August 2018 and as was published in the local newspaper as required by Texas law.
  • So why does the ballot language say the tax rate is the combined rate of the $.43/$100 valuation?  (Based on $.223/$100 M&O Rate and the $.21/$100 I&S rate) The ballot language is set by Texas Education Code Sec. 130.065 (g), neither the Board or the County Clerks can change the language. State law requires the ballot language to list the CURRENT tax rate, not the proposed tax rate. However, State law, Texas Education Code Sec. 130.065(c) required the College to state publicly what the proposed rate will be in the Service Plan that was required to be published in the local newspaper. Ranger College complied with state law and ran the required Service Plans in each county, stating the proposed rate would be $.11/$100 valuation. The Service Plans ran in the local newspapers beginning the week of May 17.

Early voting regarding the annexation will be held at the new Brown County Elections Office at 613 N. Fisk on October 23-27th from 8 a.m. to 5 p.m., and October 30-31st from 7 a.m. to 7 p.m. Voting Day will be November 7th, with polls open from 7 a.m. to 7 p.m.

Posted below is the full text for Texas Education Code Sec. 130.065, which details the guidelines set by state legislation regarding junior college annexation procedures. Section (g) lists the official ballot language needed.

Sec. 130.065.  ANNEXATION BY ELECTION.  (a)  On presentation to the governing board of a junior college district of a petition proposing the annexation of territory to the district, the governing board may call an election on the question of annexing the territory.  The petition must:

(1)  contain an accurate description of the territory proposed for annexation; and

(2)  be signed by a number of registered voters in the territory proposed to be annexed equal to at least five percent of the registered voters in that territory as of the most recent general election for state and county officers.

(b)  Before the governing board of the junior college district may order an annexation election, the board must hold a public hearing within the territory proposed for annexation.  The hearing must be held not earlier than the 45th day and not later than the 30th day before the date the board issues the order for the election.

(c)  Not later than the 30th day before the date of a public hearing held under Subsection (b), the board shall complete and publish a service plan for the territory proposed for annexation.  The service plan is informational only and must include:

(1)  the maximum property tax rate that the board may adopt;

(2)  the most recent property tax rate adopted by the board and any tax rate increase proposed or anticipated to occur after the annexation;

(3)  the tuition rate that would apply after annexation for a student who resides in the district;

(4)  the tuition and fees that would apply under Section 130.0032(d) for a student who resides outside the district;

(5)  plans for providing educational services in the territory, including proposed or contemplated campus and facility expansion in the territory;

(6)  plans for cooperation with local workforce agencies; and

(7)  any other elements consistent with this subchapter prescribed by rule of the Texas Higher Education Coordinating Board.

(d)  The governing board shall issue an order for an election to be held in the territory proposed for annexation on a uniform election date that is not less than 45 days after the date of the order and that affords enough time to hold the election in the manner provided by law.  The board shall give notice of the election  in the manner provided by law for notice by the county judge of a general election.

(e)  The governing board shall conduct the election in accordance with the Election Code.

(f)  The election shall be held only in the territory proposed for annexation, and only those registered voters residing in that territory are permitted to vote.

(g)  The ballot shall be printed to provide for voting for or against the proposition:  “Approving the annexation by the _________ (name of junior college district) of the following territory:  __________ (with the blank filled in with a description of the territory proposed for annexation), and authorizing the imposition of an ad valorem tax for junior college purposes, which is currently set at a rate of ____________ (with the blank filled in with the ad valorem tax rate of the district for the current year or, if that rate has not been adopted, the tax rate for the preceding year) per $100 valuation of taxable property.”

(h)  The measure is adopted if the measure receives a favorable vote of a majority of those voters voting on the measure.

(i)  If the measure is adopted, the governing board of the district shall enter an order declaring the result of the election and that the territory is annexed to the junior college district on the date specified in the order.

(j)  If the proposition is adopted and the governing board is elected from single-member districts, the governing board in the annexation order entered under Subsection (i) shall assign the new territory to one or more of the current single-member districts.

(k)  The annexation of territory and any resulting change in the single-member districts from which members of the governing board are elected does not affect the term of a member of the governing board serving on the date the annexation or redistricting takes effect.  The governing board shall provide that each member of the governing board representing a single-member district who is holding office on the date the annexation takes effect serve the remainder of the member’s term and represent a single-member district in the expanded junior college district for that term regardless of whether the member resides in that single-member district.

(l)  If the measure is not adopted at the election, another election to annex all or part of the same territory may not be held earlier than one year after the date of the election at which the measure is not adopted.

Acts 1969, 61st Leg., p. 3002, ch. 889, Sec. 1.  Renumbered from Education Code Sec. 51.065 by Acts 1971, 62nd Leg., p. 3290, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 89, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 1100 (H.B. 2221), Sec. 5, eff. June 18, 2005.

Acts 2011, 82nd Leg., R.S., Ch. 37 (S.B. 1226), Sec. 1, eff. September 1, 2011.