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A BILL TO BE ENTITLED
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AN ACT
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relating to the election of certain junior college district |
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trustees by plurality vote. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 130.082, Education Code, is amended by |
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amending Subsection (g) and adding Subsection (g-1) to read as |
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follows: |
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(g) The board shall [designate a] number [for] the positions |
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on [position held by each member of] the board[, from one upward] in |
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the [consecutive numerical] order in which the [such manner that |
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the lowest numbers shall be assigned to the members whose] terms of |
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office of the members expire [in the shortest length of time], |
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provided that any [such] position number designations on existing |
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boards under existing law on [at] the effective date of this act or |
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on the effective date of an amendment to this subsection shall |
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remain in effect. At each election candidates must [shall] be voted |
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upon and be elected separately for each position on the board, and |
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the name of each candidate must [shall] be placed on the official |
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ballot according to the number of the position for which the |
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candidate [he or she] is running. Except as provided by Subsection |
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(g-1), the [A] candidate receiving a majority of the votes cast [for |
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all candidates] for each respective [a] position to be filled at the |
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election is [shall be declared] elected. If no candidate receives |
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[such] a majority, then the two candidates receiving the highest |
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number of votes shall run against each other for the position. The |
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run-off election for all positions shall be held on a date that |
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complies with law in the same manner [and shall be ordered, notice |
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thereof given, and held,] as provided [herein] for regular |
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elections. The board shall place a candidate's name [Any resident, |
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qualified elector of the district may have his or her name placed as |
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a candidate] on the official ballot for any position to be filled at |
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each regular election if the candidate is a resident of the |
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district, is a qualified elector of the district, and files [by |
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filing] with the secretary of the board a written application |
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[therefor] signed by the applicant that complies with Section |
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144.005, Election Code. The [, not later than 5 p.m. of the 45th day |
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before the date of the election. An application may not be filed |
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earlier than the 30th day before the date of the filing deadline. |
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Such] application must state the number of the position [for which |
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he or she is a candidate,] or the name of the incumbent member of the |
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board holding the position for which the candidate [he or she] |
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desires to run. The order [location] on the ballot of the names of |
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candidates for each position shall be chosen by lot by the board. A |
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candidate shall be eligible to run for only one position at each |
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election. |
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(g-1) The board of trustees of a junior college district |
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located in a county located on the Texas-Mexico border that has a |
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population of less than 300,000 and contains one or more |
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municipalities with a population of 200,000 or more may by |
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resolution provide, not later than the 180th day before the date of |
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an election, that a candidate receiving the highest number of votes |
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cast for each respective position to be filled at the election is |
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elected. A resolution adopted under this subsection is effective |
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for subsequent elections until rescinded by a subsequent resolution |
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adopted not later than the 180th day before the date of the first |
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election to which the rescission applies. |
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SECTION 2. The change in law made by this Act applies only |
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to an election ordered on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |