BILL ANALYSIS

Senate Research Center	H.B. 2645
87R17622 JRJ-D	By: King, Tracy O.; Morales, Eddie (Zaffirini)
	Higher Education
	5/20/2021
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Elections for trustee positions at the Laredo College and Southwest Texas Junior College districts almost always result in runoff elections every election cycle, creating a significant financial burden. It has been suggested that implementing a plurality system could reduce the need for costly and ultimately low-turnout runoff elections. H.B. 2645 would allow these districts to provide, by resolution adopted not later than 180 days before an election date, that the winner of a trustee position shall be the candidate receiving the highest number of votes.

H.B. 2645 amends current law relating to the election of certain junior college district trustees by plurality vote.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 130.082, Education Code, by amending Subsection (g) and adding Subsections (g-1) and (g-2), as follows:

(g) Requires the board of trustees of a junior college district (board) to number the positions on the board in the order in which the terms of office of the members expire, provided that any position number designations on existing boards under existing law on the effective date of this act or on the effective date of an amendment to this subsection are required to remain in effect. Provides that, except as provided by Subsection (g-1), the  candidate receiving a majority of the votes cast for each respective position to be filled at the election is elected. Requires that the run-off election for all positions be held on a date that complies with law in the same manner as provided for regular elections. Requires the board to place a candidate's name on the official ballot for any position to be filled at each regular election if the candidate is a resident of the district, is a qualified elector of the district, and files with the secretary of the board a written application signed by the applicant that complies with Section 144.005 (Filing Deadline), Election Code. Makes nonsubstantive changes.

Deletes existing text requiring the board to designate a number for the position held by each member of the board, from one upward in consecutive numerical order in such manner that the lowest numbers are required to be assigned to the members whose terms of office expire in the shortest length of time. Deletes existing text authorizing any resident, qualified elector of the district to have his or her name placed as a candidate on the official ballot for any position to be filled at each regular election by filing with the secretary of the board a written application therefor signed by the applicant, not later than 5 p.m. of the 45th day before the date of the election. Deletes existing text prohibiting an application from being filed earlier than the 30th day before the date of the filing deadline.

(g-1) Authorizes the boards of the following junior college districts by resolution to provide, not later than the 180th day before the date of an election, that a candidate receiving the highest number of votes cast for each respective position to be filled at the election is elected:

(1)  Laredo Community College District; and

(2)  Southwest Texas Junior College District.

(g-2) Provides that a resolution adopted under Subsection (g-1) is effective for subsequent elections until rescinded by a subsequent resolution adopted not later than the 180th day before the date of the first election to which the rescission applies.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2021.