By: Puente H.B. No. 110
73R1471 CMB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to limiting the terms of trustees of independent school
1-3 districts to four years.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 23.15, Education Code, is amended to read
1-6 as follows:
1-7 Sec. 23.15. Four-Year Terms. (a) After September 1, 1993,
1-8 the trustees of an independent school district may not serve for
1-9 terms exceeding four years. The trustees of any independent school
1-10 district which has previously, under either general or special law
1-11 of this state, adopted or instituted a term of four years may
1-12 continue to be elected for a term of four years. Elections shall
1-13 be held biennially. If the board is composed of seven trustees,
1-14 either <Either> three or four trustees shall be elected at each
1-15 regular election<, the number depending upon that required to
1-16 compose a board of seven trustees>. If the board is composed of
1-17 nine trustees, either four or five trustees shall be elected at
1-18 each regular election. The trustees shall be elected by position
1-19 number as provided in Section 23.11 of this code or from
1-20 single-member districts.
1-21 (b) The governing board of an independent school district
1-22 whose trustees serve for terms of six years shall <may> order by
1-23 resolution that the terms of office be reduced to four years. The
1-24 <If the board orders that terms are to be reduced, the> transition
2-1 to four-year terms shall begin with the first regular election held
2-2 more than 75 days after the date of the order of the board.
2-3 Trustees in office on the date of the order shall serve for the
2-4 remainder of their terms.
2-5 (c) If the board of trustees is composed of seven members,
2-6 the <The> length of the terms for trustees elected at the first
2-7 regular election in the transition to four-year terms is determined
2-8 in accordance with the following:
2-9 (1) if the order in which the six-year terms expire
2-10 results in two trustees being elected at the first election, and
2-11 would result in two trustees being elected at the next regular
2-12 election, the trustees elected at the first election shall draw
2-13 lots so that one serves for a term of two years and one serves for
2-14 a term of four years;
2-15 (2) if the order in which the six-year terms expire
2-16 results in three trustees being elected at the first election, and
2-17 would result in two trustees being elected at the next regular
2-18 election, the trustees elected at the first election shall draw
2-19 lots so that one serves for a term of two years and two serve for a
2-20 term of four years; or
2-21 (3) if the order in which the six-year terms expire
2-22 results in two trustees being elected at the first election, and
2-23 would result in three trustees being elected at the next regular
2-24 election, the trustees elected at the first election serve for
2-25 terms of four years.
2-26 <(d)> After the first election in the transition to
2-27 four-year terms, three or four members shall be elected biennially
3-1 for terms of four years.
3-2 (d) If the board of trustees is composed of nine members, in
3-3 order to make the transition from six-year terms to four-year terms
3-4 the trustees elected at the first regular election after September
3-5 1, 1993, shall draw lots so that one serves for a term of two years
3-6 and two serve for terms of four years. After the first election
3-7 four or five members shall be elected biennially for terms of four
3-8 years.
3-9 SECTION 2. Section 23.024(h), Education Code, is amended to
3-10 read as follows:
3-11 (h) At the first election at which some or all of the
3-12 trustees are elected from trustee districts and after each
3-13 redistricting, all positions on the board shall be filled. The
3-14 trustees then elected shall draw lots for staggered terms as
3-15 provided by Section 23.13<, 23.14,> or 23.15 of this code, as
3-16 applicable.
3-17 SECTION 3. Section 23.13(a), Education Code, is amended to
3-18 read as follows:
3-19 (a) Unless a different term is authorized by Section <23.14
3-20 or> 23.15 of this code, the term of trustees of independent school
3-21 districts, other than county-wide independent school districts,
3-22 shall be three years in any district which does not include within
3-23 its boundaries a city or town with a population in excess of 75,000
3-24 or in any district where a term of three years has been previously
3-25 instituted under either general or special law of this state.
3-26 SECTION 4. Section 23.14, Education Code, is repealed.
3-27 SECTION 5. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended,
4-5 and that this Act take effect and be in force from and after its
4-6 passage, and it is so enacted.