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.