By Kubiak H.B. No. 565
74R136 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the composition of the State Board of Education and the
1-3 term of office of its members.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 11, Education Code, is
1-6 amended by adding Section 11.21 to read as follows:
1-7 Sec. 11.21. COMPOSITION OF BOARD. The State Board of
1-8 Education is composed of three members elected statewide.
1-9 SECTION 2. Sections 11.22 and 11.23, Education Code, are
1-10 amended to read as follows:
1-11 Sec. 11.22. MEMBERSHIP. (a) Members of the State Board of
1-12 Education shall be elected at biennial general elections held in
1-13 compliance with the Election Code <general election laws of this
1-14 state>.
1-15 (b) A <No> person is not <shall be> eligible for election to
1-16 or service <serve> on the board if the person <he> holds an office
1-17 with the State of Texas or any political subdivision thereof.
1-18 (c) A <No person shall be elected from or serve in a
1-19 district who is not a bona fide resident thereof with one year's
1-20 continuous residence prior to his election. No> person is not
1-21 <shall be> eligible for election or appointment to or service on
1-22 the board unless the person is <he is a citizen of the United
1-23 States,> a qualified voter <of his district,> and is 30 years of
1-24 age or older.
2-1 (d) Members of the board serve staggered terms of six years
2-2 <Candidates shall be nominated and elected in the manner provided
2-3 in the Texas Election Code for nomination and election of district
2-4 officers generally, except as otherwise provided in the Election
2-5 Code or in this code>.
2-6 (e) <It shall be unlawful for any person, group of persons,
2-7 organization, or corporation engaged in manufacturing, shipping,
2-8 selling, storing, advertising textbooks--or in any other manner
2-9 connected with the textbook business--to make a financial
2-10 contribution to, or take part in, directly or indirectly, the
2-11 campaign of any person seeking election to the State Board of
2-12 Education. It shall likewise be unlawful for anyone interested in
2-13 selling bonds of any type whatsoever to make a financial
2-14 contribution to or take part in, directly or indirectly, the
2-15 campaign of any person seeking election to the board. Anyone
2-16 convicted of violating the provisions of this subsection shall be
2-17 punished as prescribed by the penal laws of this state.>
2-18 <(f) At each general election immediately following a
2-19 decennial reapportionment of districts, one member shall be elected
2-20 to the board from each district. Except as provided in Subsection
2-21 (g) of this section, members of the board serve staggered terms of
2-22 four years with the terms of eight of the members expiring on
2-23 January 1 of one odd-numbered year and the terms of seven of the
2-24 members expiring on January 1 of the next odd-numbered year.>
2-25 <(g) Seven of the members of the board elected at each
2-26 general election following a decennial reapportionment of districts
2-27 shall serve for terms of two years, and eight shall serve for terms
3-1 of four years. Members shall draw lots to determine which shall
3-2 serve for terms of two and four years.>
3-3 <(h)> Each member of the board shall <take the official oath
3-4 of office, and shall> be bonded in the amount of $10,000, in the
3-5 manner prescribed in Chapter 653, Government Code <383, Acts of the
3-6 56th Legislature, Regular Session, 1959 (Article 6003b, Vernon's
3-7 Texas Civil Statutes)>.
3-8 <(i) In case of resignation or death of a board member, or
3-9 in case a position on the board otherwise becomes vacant, the board
3-10 shall fill such vacancy as soon as possible by appointment of a
3-11 qualified person from the affected district. The appointee shall
3-12 hold office only until his successor is duly elected for the
3-13 remainder of the unexpired term at the next general election and
3-14 has qualified by taking the required oath and filing the required
3-15 bond or until expiration of the term of office to which he has been
3-16 appointed, whichever occurs first.>
3-17 <(j) A vacancy that occurs at a time when it is impossible
3-18 to place the name of a candidate for the unexpired term on the
3-19 general election ballot shall be filled by appointment, as
3-20 specified in Subsection (i) of this section.>
3-21 (f) <(k)> Members of the board do not <shall> receive a <noŠ
3-22 salary but shall be reimbursed for all expenses incurred in
3-23 attending meetings of the board or incident to any judicial action
3-24 taken because of appeal from a board order.
3-25 (g) <(l)> A person who is required to register as a lobbyist
3-26 under Chapter 305, Government Code, by virtue of the person's <his>
3-27 activities for compensation in or on behalf of a profession related
4-1 to the operation of the board, may not serve as a member of the
4-2 board or act as the general counsel to the board.
4-3 (h) <(m)> Appointments to vacancies on the board shall be
4-4 made without regard to the race, creed, sex, religion, and national
4-5 origin of the appointees.
4-6 Sec. 11.23. MEETINGS AND ORGANIZATION. (a) The board shall
4-7 hold four meetings a year in Austin, Texas, on dates determined by
4-8 the presiding officer <chairman> and may hold other meetings as may
4-9 be called by the presiding officer <chairman>.
4-10 (b) At its next regular meeting following the election and
4-11 qualification of a new member <members>, the State Board of
4-12 Education shall organize, adopt rules of procedure, and elect a
4-13 presiding officer and other officers the board considers necessary
4-14 <vice chairman and secretary>.
4-15 <(d) The governor, with the advice and consent of the
4-16 senate, appoints the chairman of the State Board of Education from
4-17 among the membership of the State Board of Education. The chairman
4-18 serves a term of two years.>
4-19 <(e) The board may not elect officers by slate, but must
4-20 take a separate vote to fill each position. A person who serves
4-21 two consecutive terms as chairman is ineligible to again serve as
4-22 chairman until four years have elapsed since the expiration of the
4-23 second term.>
4-24 SECTION 3. Section 42.005(a), Election Code, is amended to
4-25 read as follows:
4-26 (a) A county election precinct, including a consolidated
4-27 precinct, may not contain territory from more than one of each of
5-1 the following types of territorial units:
5-2 (1) a commissioners precinct;
5-3 (2) a justice precinct;
5-4 (3) a congressional district;
5-5 (4) a state representative district;
5-6 (5) a state senatorial district; or
5-7 (6) a ward in a city with a population of 10,000 or
5-8 more<; or>
5-9 <(7) a State Board of Education district>.
5-10 SECTION 4. Section 68.001(a), Election Code, is amended to
5-11 read as follows:
5-12 (a) The secretary of state shall tabulate the unofficial
5-13 results as provided by this subchapter in each primary election and
5-14 general election for state and county officers on each proposed
5-15 amendment to the state constitution and for each contested race for
5-16 nomination or election to:
5-17 (1) a federal office or statewide office of the state
5-18 government;
5-19 (2) the office of state senator; and
5-20 (3) the office of state representative<; and>
5-21 <(4) the office of member, State Board of Education>.
5-22 SECTION 5. Sections 52.092(c) and (d), Election Code, are
5-23 amended to read as follows:
5-24 (c) Statewide offices of the state government shall be
5-25 listed in the following order:
5-26 (1) governor;
5-27 (2) lieutenant governor;
6-1 (3) attorney general;
6-2 (4) comptroller of public accounts;
6-3 (5) state treasurer;
6-4 (6) commissioner of the General Land Office;
6-5 (7) commissioner of agriculture;
6-6 (8) railroad commissioner;
6-7 (9) member, State Board of Education;
6-8 (10) chief justice, supreme court;
6-9 (11) <(10)> justice, supreme court;
6-10 (12) <(11)> presiding judge, court of criminal
6-11 appeals;
6-12 (13) <(12)> judge, court of criminal appeals.
6-13 (d) District offices of the state government shall be listed
6-14 in the following order:
6-15 (1) <member, State Board of Education;>
6-16 <(2)> state senator;
6-17 (2) <(3)> state representative;
6-18 (3) <(4)> chief justice, court of appeals;
6-19 (4) <(5)> justice, court of appeals;
6-20 (5) <(6)> district judge;
6-21 (6) <(7)> criminal district judge;
6-22 (7) <(8)> family district judge;
6-23 (8) <(9)> district attorney;
6-24 (9) <(10)> criminal district attorney.
6-25 SECTION 6. Section 172.024(a), Election Code, is amended to
6-26 read as follows:
6-27 (a) The filing fee for a candidate for nomination in the
7-1 general primary election is as follows:
7-2 (1) United States senator ..................... $4,000
7-3 (2) office elected statewide, except United States
7-4 senator ..................................................... 3,000
7-5 (3) United States representative ............... 2,500
7-6 (4) state senator .............................. 1,000
7-7 (5) state representative ......................... 600
7-8 (6) <member, State Board of Education ............ 250>
7-9 <(7)> chief justice or justice, court of appeals,
7-10 other than a justice specified by Subdivision (7) <(8)> ..... 1,500
7-11 (7) <(8)> chief justice or justice of a court of
7-12 appeals that serves a court of appeals district in which a county
7-13 with a population of more than 850,000 is wholly or partly
7-14 situated .................................................... 2,000
7-15 (8) <(9)> district judge or judge specified by Section
7-16 52.092(d) for which this schedule does not otherwise prescribe a
7-17 fee ......................................................... 1,200
7-18 (9) <(10)> district or criminal district judge of a
7-19 court in a judicial district wholly contained in a county with a
7-20 population of more than 850,000 ............................. 2,000
7-21 (10) <(11)> judge, statutory county court, other than
7-22 a judge specified by Subdivision (11) <(12)> ................ 1,200
7-23 (11) <(12)> judge of a statutory county court in a
7-24 county with a population of more than 850,000 ............... 2,000
7-25 (12) <(13)> district attorney, criminal district
7-26 attorney, or county attorney performing the duties of a district
7-27 attorney .................................................... 1,000
8-1 (13) <(14)> county commissioner or judge,
8-2 constitutional county court:
8-3 (A) county with a population of 200,000 or
8-4 more ........................................................ 1,000
8-5 (B) county with a population of under
8-6 200,000 ....................................................... 600
8-7 (14) <(15)> justice of the peace or constable:
8-8 (A) county with a population of 200,000 or
8-9 more .......................................................... 800
8-10 (B) county with a population of under
8-11 200,000 ....................................................... 300
8-12 (15) <(16)> county surveyor, inspector of hides and
8-13 animals, or public weigher ..................................... 50
8-14 (16) <(17)> office of the county government for which
8-15 this schedule does not otherwise prescribe a fee .............. 600
8-16 SECTION 7. Section 252.005, Election Code, is amended to
8-17 read as follows:
8-18 Sec. 252.005. Authority with Whom Appointment Filed:
8-19 Candidate. An individual must file a campaign treasurer
8-20 appointment for the individual's own candidacy with:
8-21 (1) the commission, if the appointment is made for
8-22 candidacy for:
8-23 (A) a statewide office;
8-24 (B) a district office filled by voters of more
8-25 than one county;
8-26 (C) state senator; or
8-27 (D) state representative<; or>
9-1 <(E) the State Board of Education>;
9-2 (2) the county clerk, if the appointment is made for
9-3 candidacy for a county office, a precinct office, or a district
9-4 office other than one included in Subdivision (1);
9-5 (3) the clerk or secretary of the governing body of
9-6 the political subdivision or, if the political subdivision has no
9-7 clerk or secretary, with the governing body's presiding officer, if
9-8 the appointment is made for candidacy for an office of a political
9-9 subdivision other than a county;
9-10 (4) the county clerk if:
9-11 (A) the appointment is made for candidacy for an
9-12 office of a political subdivision other than a county;
9-13 (B) the governing body for the political
9-14 subdivision has not been formed; and
9-15 (C) no boundary of the political subdivision
9-16 crosses a boundary of the county; or
9-17 (5) the commission if:
9-18 (A) the appointment is made for candidacy for an
9-19 office of a political subdivision other than a county;
9-20 (B) the governing body for the political
9-21 subdivision has not been formed; and
9-22 (C) the political subdivision is situated in
9-23 more than one county.
9-24 SECTION 8. Section 572.002(4), Government Code, is amended
9-25 to read as follows:
9-26 (4) "Elected officer" means:
9-27 (A) a member of the legislature;
10-1 (B) an executive or judicial officer elected in
10-2 a statewide election;
10-3 (C) a judge of a court of appeals or of a
10-4 district court; or
10-5 (D) <a member of the State Board of Education;
10-6 or>
10-7 <(E)> an individual appointed to fill a vacancy
10-8 in an office or appointed to a newly created office who, if elected
10-9 to the office instead of appointed, would be an elected officer
10-10 under this subdivision.
10-11 SECTION 9. Section 11.2101, Education Code, is repealed.
10-12 SECTION 10. The office of a member of the State Board of
10-13 Education under Section 11.21, Education Code, as added by this
10-14 Act, exists for purposes of the primary and general elections in
10-15 1996. Notwithstanding Section 11.22, Education Code, as amended by
10-16 this Act, a member of the State Board of Education elected under
10-17 Section 11.2101 or appointed to fill a vacancy in that office is
10-18 eligible for election under Section 11.21, Education Code.
10-19 SECTION 11. (a) A person elected or appointed to the State
10-20 Board of Education under Section 11.2101, Education Code, as that
10-21 law existed on September 1, 1995, continues to serve on the State
10-22 Board of Education until two members elected at the general
10-23 election in 1996 have qualified and taken office. On the date that
10-24 two members of the State Board of Education elected at the general
10-25 election in 1996 have qualified and taken office, the State Board
10-26 of Education under Section 11.2101, Education Code, as that law
10-27 existed on September 1, 1995, is abolished.
11-1 (b) At the first meeting of the members of the State Board
11-2 of Education elected in 1996, the members shall draw lots to
11-3 determine which member will serve a two-year term, which will serve
11-4 a four-year term, and which will serve a six-year term. A member
11-5 elected at the 1998 general election or thereafter serves a
11-6 six-year term, as provided by Section 11.22, Education Code, as
11-7 amended by this Act.
11-8 SECTION 12. (a) Except as provided by Subsection (b) of
11-9 this section, this Act takes effect January 1, 1997.
11-10 (b) Sections 3-6 and 10 of this Act take effect September 1,
11-11 1995.
11-12 SECTION 13. The importance of this legislation and the
11-13 crowded condition of the calendars in both houses create an
11-14 emergency and an imperative public necessity that the
11-15 constitutional rule requiring bills to be read on three several
11-16 days in each house be suspended, and this rule is hereby suspended.