By:  Carona                                              H.B. No. 2
       73R628 CAE-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to limitations on the number of terms a member of the
    1-3  board of trustees of an independent school district may serve.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 23, Education Code, is
    1-6  amended by adding Section 23.20 to read as follows:
    1-7        Sec. 23.20.  LIMITATION ON TERMS OF OFFICE.  (a)  The voters
    1-8  of an independent school district may limit by petition and
    1-9  referendum the number of terms a person may serve as a member of
   1-10  the district's board of trustees.
   1-11        (b)  A registered voter on application may obtain from the
   1-12  presiding officer of the district's board of trustees officially
   1-13  numbered and properly authenticated petitions to limit service on
   1-14  the board to a specific number of terms.  Each sheet of the
   1-15  petition must be headed with a statement in capital letters
   1-16  regarding the nature of the petition as follows:
   1-17        "THIS PETITION IS TO REQUIRE AN ELECTION TO BE HELD IN THE
   1-18        (name of school district) TO LIMIT SERVICE ON THE BOARD OF
   1-19        TRUSTEES OF THE DISTRICT TO (number of terms) TERMS OF
   1-20        OFFICE."
   1-21        (c)  An affidavit of the person who circulated each sheet
   1-22  must be affixed or printed on each sheet in the following form and
   1-23  substance, and the affidavit must be executed before a notary
   1-24  public:
    2-1        "STATE OF TEXAS
    2-2        COUNTY OF __________
    2-3        I, _________, affirm that I personally witnessed each signer
    2-4        affix his or her signature, the date of signing, his or her
    2-5        voter registration number, and his or her residence address
    2-6        and zip code to this page of this petition for the limitation
    2-7        on terms of office of members of the board of trustees of the
    2-8        school district.  I affirm to the best of my knowledge and
    2-9        belief that each signature is the genuine signature of the
   2-10        person whose name is signed and that the date entered next to
   2-11        each signature is the date the signature was affixed to this
   2-12        page.
   2-13                                             ________________________
   2-14        Sworn to and subscribed before me this the ________day of
   2-15        ____, 19___.
   2-16        (SEAL)
   2-17                                        _____________________________
   2-18                                       Notary Public, State of Texas"
   2-19        (d)  Each sheet of the petition must be submitted at the same
   2-20  time.  Each person signing a petition must sign the petition in
   2-21  person in ink or indelible pencil and must personally enter beside
   2-22  his or her signature his or her current residence address and zip
   2-23  code, his or her correct voter registration number, and the date of
   2-24  signing.  A signature not accompanied correctly by all the
   2-25  information required by this subsection is void and may not be
   2-26  counted in determining the validity of the petition.
   2-27        (e)  To be valid a petition must contain the signatures of
    3-1  not less than five percent of the number of registered voters in
    3-2  the district who voted in the last election for members of the
    3-3  district's board of trustees.  The completed petition must be filed
    3-4  with the presiding officer of the board on or before the 60th day
    3-5  after the date the person received the first sheets of the
    3-6  petition.
    3-7        (f)  On receipt of a petition, the presiding officer of the
    3-8  district's board of trustees shall examine the petition and report
    3-9  to the board whether, in his or her opinion, the petition conforms
   3-10  to the requirements of this section.  On receipt of the report, the
   3-11  board shall conduct an examination of the petition.  If the board
   3-12  determines that the petition conforms to the requirements of this
   3-13  section, the board shall call an election in the district and
   3-14  submit to the voters the following proposition:
   3-15        "Shall a person's service on the board of trustees of the
   3-16        (name of school district) be limited to (number of terms)
   3-17        terms of office?"
   3-18        (g)  The election shall be held on the first uniform election
   3-19  date under the Election Code.  If a majority of the voters voting
   3-20  at the election votes in favor of the proposition, the number of
   3-21  full terms that a person may serve on the board of trustees of the
   3-22  district in the future is limited in accordance with the
   3-23  proposition without regard to prior terms of office.  If the
   3-24  election on the proposition occurs at the election at which members
   3-25  of the board are elected, the term of office for which a person is
   3-26  elected at that election is not counted in determining the term
   3-27  limitation.
    4-1        (h)  If a limitation on the number of terms of office a
    4-2  member of the board of trustees of the district may serve is
    4-3  adopted, the voters of the district may change the number of terms
    4-4  permitted or may remove the limitation by petition and referendum
    4-5  in the same manner prescribed for imposing the limitation, with
    4-6  appropriate changes in the language of the petition and
    4-7  proposition.
    4-8        SECTION 2.  The importance of this legislation and the
    4-9  crowded condition of the calendars in both houses create an
   4-10  emergency and an imperative public necessity that the
   4-11  constitutional rule requiring bills to be read on three several
   4-12  days in each house be suspended, and this rule is hereby suspended,
   4-13  and that this Act take effect and be in force from and after its
   4-14  passage, and it is so enacted.